S-4356.1 _______________________________________________
SENATE BILL 6556
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senator Sutherland
Read first time 01/17/96. Referred to Committee on Energy, Telecommunications & Utilities.
AN ACT Relating to public electronic access to government information; amending RCW 43.105.041, 43.105.041, 43.105.160, 43.105.170, and 43.105.180; adding new sections to chapter 43.105 RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. Based upon the recommendations of the public information access policy task force, the legislature finds that government information is a vital resource to both government operations and to the public that government serves. State and local governments should set a high priority on providing and improving electronic access to government information and services. Broad public access to state and local government information has potential for expanding citizen access to government information and for improving government services. Electronic methods for locating and transferring information can improve linkages between and among citizens, organizations, businesses, and governments. Information must be managed with great care to meet the objectives of citizens and their governments.
NEW SECTION. Sec. 2. PLANNING FOR INCREASED PUBLIC ELECTRONIC ACCESS. State agencies shall plan for and implement processes for making information available electronically. Public demand and agencies= missions and goals shall drive the selection and priorities for government information to be made available electronically. When planning for increased public electronic access, agencies should determine what information the public wants and needs most. Widespread public electronic access does not mean that all government information must be made available electronically.
In designing or procuring electronic access systems, agencies shall consider a method of readily withholding nondisclosable information from public records.
In planning for and implementing electronic access agencies shall:
(1) Plan for electronic public access and two-way electronic interaction when redesigning and rebuilding information systems;
(2) Focus on providing electronic access to current information, leaving archival material to be made available digitally as resources allow or as a need arises;
(3) Coordinate technology planning across agency boundaries in order to facilitate electronic access to vital public information;
(4) Develop a method to determine which information the public most wants and needs;
(5) Develop and employ methods to readily and inexpensively withhold or mask nondisclosable data.
NEW SECTION. Sec. 3. TWO-WAY ELECTRONIC INTERACTION. Agencies are encouraged to provide electronic access on a two-way, send and receive basis. Agencies should increase their capability to receive information electronically from individuals and businesses. It should be possible to electronically transmit forms, applications, and other communications and transactions to and from agencies using information technologies.
Sec. 4. RCW 43.105.041 and 1995 2nd sp.s. c 14 s 512 are each amended to read as follows:
(1) The board shall have the following powers and duties related to information services:
(((1))) (a)
To develop standards governing the acquisition and disposition of equipment,
proprietary software and purchased services, and confidentiality of
computerized data;
(((2))) (b)
To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment,
proprietary software, and purchased services, or to delegate to other agencies
and institutions of state government, under appropriate standards, the
authority to purchase, lease, rent, or otherwise acquire, dispose of, and
maintain equipment, proprietary software, and purchased services: PROVIDED,
That, agencies and institutions of state government, except as provided in RCW
43.105.017(5) and section 507, chapter 14, Laws of 1995 2nd sp. sess., are
expressly prohibited from acquiring or disposing of equipment, proprietary
software, and purchased services without such delegation of authority. The
acquisition and disposition of equipment, proprietary software, and purchased
services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from
the provisions of RCW 43.19.190 through 43.19.200. This subsection (1)(b)
does not apply to the legislative branch;
(((3))) (c)
To develop state-wide or interagency technical policies, standards, and
procedures;
(((4))) (d)
To assure the cost-effective development and incremental implementation of a
state-wide video telecommunications system to serve: Public schools;
educational service districts; vocational-technical institutes; community
colleges; colleges and universities; state and local government; and the
general public through public affairs programming;
(((5))) (e)
To provide direction concerning strategic planning goals and objectives for the
state. The board shall seek input from the legislature and the judiciary;
(((6))) (f)
To promote and facilitate electronic access to public information and services;
(g) To develop and implement a process for the resolution of appeals by:
(((a))) (i)
Vendors concerning the conduct of an acquisition process by an agency or the
department; or
(((b))) (ii)
A customer agency concerning the provision of services by the department or by
other state agency providers;
(((7))) (h)
To establish policies for the periodic review by the department of agency
performance which may include but are not limited to analysis of:
(((a))) (i)
Planning, management, control, and use of information services;
(((b))) (ii)
Training and education; and
(((c))) (iii)
Project management;
(((8))) (i)
To set its meeting schedules and convene at scheduled times, or meet at the request
of a majority of its members, the chair, or the director; and
(((9))) (j)
To review and approve that portion of the department's budget requests that
provides for support to the board.
(2) State-wide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service. The board shall:
(a) Establish standards to facilitate electronic access to government information. Local governments are strongly encouraged to follow the standards established by the board;
(b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems;
(c) Establish standards for common formats and agency indexes.
In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
Sec. 5. RCW 43.105.041 and 1990 c 208 s 6 are each amended to read as follows:
(1) The board shall have the following powers and duties related to information services:
(((1))) (a)
To develop standards governing the acquisition and disposition of equipment,
proprietary software and purchased services, and confidentiality of
computerized data;
(((2))) (b)
To purchase, lease, rent, or otherwise acquire, dispose of, and maintain
equipment, proprietary software, and purchased services, or to delegate to
other agencies and institutions of state government, under appropriate
standards, the authority to purchase, lease, rent, or otherwise acquire,
dispose of, and maintain equipment, proprietary software, and purchased
services: PROVIDED, That, agencies and institutions of state government are
expressly prohibited from acquiring or disposing of equipment, proprietary
software, and purchased services without such delegation of authority. The
acquisition and disposition of equipment, proprietary software, and purchased
services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from
the provisions of RCW 43.19.190 through 43.19.200. This subsection (1)(b)
does not apply to the legislative branch;
(((3))) (c)
To develop state-wide or interagency technical policies, standards, and
procedures;
(((4))) (d)
To assure the cost-effective development and incremental implementation of a
state-wide video telecommunications system to serve: Public schools;
educational service districts; vocational-technical institutes; community
colleges; colleges and universities; state and local government; and the general
public through public affairs programming;
(((5))) (e)
To provide direction concerning strategic planning goals and objectives for the
state. The board shall seek input from the legislature and the judiciary;
(((6))) (f)
To promote and facilitate electronic access to public information and services;
(g) To develop and implement a process for the resolution of appeals by:
(((a))) (i)
Vendors concerning the conduct of an acquisition process by an agency or the
department; or
(((b))) (ii)
A customer agency concerning the provision of services by the department or by
other state agency providers;
(((7))) (h)
To establish policies for the periodic review by the department of agency
performance which may include but are not limited to analysis of:
(((a))) (i)
Planning, management, control, and use of information services;
(((b))) (ii)
Training and education; and
(((c))) (iii)
Project management;
(((8))) (i)
To set its meeting schedules and convene at scheduled times, or meet at the
request of a majority of its members, the chair, or the director; and
(((9))) (j)
To review and approve that portion of the department's budget requests that
provides for support to the board.
(2) State-wide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service. The board shall:
(a) Establish standards to facilitate electronic access to government information. Local governments are strongly encouraged to follow the standards established by the board;
(b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems;
(c) Establish standards for common formats and agency indexes.
In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
Sec. 6. RCW 43.105.160 and 1992 c 20 s 1 are each amended to read as follows:
(1) The department shall prepare a state strategic information technology plan which shall establish a state-wide mission, goals, and objectives for the use of information technology, including goals for electronic access to government information and services. The plan shall be developed in accordance with the standards and policies established by the board and shall be submitted to the board for review, modification as necessary, and approval. The department shall seek the advice of the board in the development of this plan.
The plan approved under this section shall be updated as necessary and submitted to the governor and the chairs and ranking minority members of the appropriations committees of the senate and the house of representatives.
(2) The department shall prepare a biennial state performance report on information technology based on agency performance reports required under RCW 43.105.170 and other information deemed appropriate by the department. The report shall include, but not be limited to:
(a) An evaluation of performance relating to information technology;
(b) An assessment of progress made toward implementing the state strategic information technology plan, including progress toward electronic access to public information and enabling citizens to have two-way interaction for information and services with agencies;
(c) An analysis of the success or failure, feasibility, progress, costs, and timeliness of implementation of major information technology projects under RCW 43.105.190;
(d) Identification of
benefits, cost avoidance, and cost savings generated by major information
technology projects developed under RCW 43.105.190; ((and))
(e) An inventory of state information services, equipment, and proprietary software;
(f) Goals and strategies for providing electronic access to information;
(g) Goals and strategies for persons who use adaptive technologies; and
(h) An assessment of progress made by state agencies, local governments, educational institutions, libraries, and other public and private entities, toward improving citizens' ability to send information to and receive information from state agencies in electronic formats.
Copies of the report shall be distributed biennially to the governor and the chairs and ranking minority members of the appropriations committees of the senate and the house of representatives.
Sec. 7. RCW 43.105.170 and 1992 c 20 s 2 are each amended to read as follows:
(1) Each agency shall develop an agency strategic information technology plan which establishes agency goals and objectives regarding the development and use of information technology. Plans shall include, but not be limited to, the following:
(a) A statement of the agency's mission, goals, and objectives for information technology, including goals and objectives for electronic access to agency information and services;
(b) An explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan developed under RCW 43.105.160;
(c) An implementation strategy to provide electronic access to public information. This implementation strategy must be assembled to include:
(i) Compliance with Title 40 RCW;
(ii) Adequate public notice and opportunity for comment;
(iii) Consideration of a variety of electronic technologies;
(iv) Methods to educate both employees and the public in the effective use of access technologies; and
(v) The integration of employee functions to ensure that electronic storage and delivery are a component of daily activity;
(d) Projects and resources required to meet the objectives of the plan; and
(((d))) (e)
Where feasible, estimated schedules and funding required to implement
identified projects.
(2) Plans developed under subsection (1) of this section shall be submitted to the department for review and forwarded along with the department's recommendations to the board for review and approval. The board may reject, require modification to, or approve plans as deemed appropriate by the board. Plans submitted under this subsection shall be updated and submitted for review and approval as necessary.
(3) Each agency shall prepare and submit to the department a biennial performance report. The report shall include:
(a) An evaluation of the agency's performance relating to information technology;
(b) An assessment of progress made toward implementing the agency strategic information technology plan; and
(c) An inventory of agency information services, equipment, and proprietary software.
(4) The department, with the approval of the board, shall establish standards, elements, form, and format for plans and reports developed under this section.
(5) The board may exempt any agency from any or all of the requirements of this section.
Sec. 8. RCW 43.105.180 and 1992 c 20 s 3 are each amended to read as follows:
Upon request of the office of financial management, the department shall evaluate agency budget requests for major information technology projects identified under RCW 43.105.190. The department shall submit recommendations for funding all or part of such requests to the office of financial management.
The department, with the advice and approval of the office of financial management, shall establish criteria for the evaluation of agency budget requests under this section. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with state and agency strategic information technology plans, planning for electronic access to public information and services, consistency with agency goals and objectives, costs, and benefits.
NEW SECTION. Sec. 9. DELIVERY TECHNOLOGIES. No single technology addresses all needs for providing public access; agencies are encouraged to use a variety of technologies, including, but not limited to, the Internet, community-based computer networks, the Washington information network kiosks, television and interactive video, and telephone mechanisms to provide the public with expanded electronic access to public information.
NEW SECTION. Sec. 10. COSTS AND FEES. Funding to meet the costs of providing access, including the building of the necessary information systems, the digitizing of information, developing the ability to mask nondisclosable information, and maintenance and upgrade of information access systems, should come from state and local appropriations, federal dollars, grants, private funds, cooperative ventures among governments, nonexclusive licensing, and public/private partnerships. Agencies should not offer customized electronic access services as the primary way of responding to requests or as a primary source of revenue. Fees for staff time and other direct costs may be included in costs of providing customized access.
Agencies and local governments are encouraged to pool resources and to form cooperative ventures to provide electronic access to government information. State agencies are encouraged to seek federal and private grants for projects that provide increased efficiency and improve government delivery of information and services.
NEW SECTION. Sec. 11. GOVERNMENT INFORMATION LOCATOR SERVICE. The department of information services and the state library shall work cooperatively to design and implement a pilot government information locator system that will enable the public to quickly and easily obtain government information it seeks in electronic format.
The department and the state library are responsible for the design, development, and maintenance of the system. In designing the system, the department shall consider such factors as (1) ease of operation by citizens, (2) access by citizens through multiple technologies, such as direct dial and toll-free numbers, kiosks, and the Internet, and (3) compatibility with private on-line services.
The state library will be the host site for the system and is primarily responsible for ensuring that information available through the system is responsive to citizens= needs, is reviewed and updated regularly, and is catalogued in a manner that ensures ease of retrieval.
NEW SECTION. Sec. 12. EDUCATION ACTIVITIES. Government employees need to be educated in the use and implementation of technology. Government employees can then assist the public in effective ways to electronically obtain government information and services. State agencies shall coordinate with state institutions of higher education to fully use the provisions of RCW 28B.15.558 to maximize employee education in creation, design, maintenance, and use of electronic information systems and improved customer service delivery.
NEW SECTION. Sec. 13. ELIMINATING BARRIERS TO ACCESS. Agencies are encouraged to use technological tools that transcend geographic locations, normal business hours, economic conditions, and abilities of the users. Agencies should provide a wide variety of adaptive technologies and alternative information access methods to help overcome barriers to public information. In planning and implementing planning new public electronic access projects, agencies should consult with people who have disabilities, disability access experts, and the general public.
NEW SECTION. Sec. 14. ACCURACY, INTEGRITY, AND PRIVACY. To the extent possible, information must be collected directly from, and with the consent of, the individual who is the subject of the data. The individual about whom information is collected or maintained may review that data. Agencies shall establish procedures for correcting inaccurate information, including mechanisms for individuals to recommend changes to personal information that they believe to be inaccurate. Disclosures of data or information must include one overall indication of the date when the data base was created, or most recently updated. Agencies must follow retention and archival schedules, retaining personally identifiable information only as needed to carry out the purpose for which it was collected.
NEW SECTION. Sec. 15. SUPPORTING GUIDELINES. The reports of the public information access policy task force, as outlined in its December 1994 interim report and its December 1995 report, "Encouraging Widespread Public Electronic Access to Public Records and Information Held by State and Local Governments," should serve as guidelines for agencies and local governments in planning and providing increased electronic access to government information.
NEW SECTION. Sec. 16. Section captions used in this act are no part of the law.
NEW SECTION. Sec. 17. Sections 1 through 3 and 9 through 15 of this act are added to chapter 43.105 RCW.
NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except section 5 of this act which takes effect June 30, 1997.
NEW SECTION. Sec. 19. If specific funding for the purposes of section 11 of this act, referencing section 11 of this act by bill and section number, is not provided by June 30, 1996, in the supplemental appropriations act, section 11 of this act is null and void.
NEW SECTION. Sec. 20. Section 4 of this act expires June 30, 1997.
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