AN
ACT Relating to information technology management in state government; amending
RCW 43.105.020, 43.105.047, 43.105.052, 43.105.055, 43.105.080, 43.105.160, and
43.105.190; reenacting and amending RCW 43.105.170 and 43.105.180; and adding
new sections to chapter 43.105 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.105.020 and 1993 c 280 s 78 are each amended to read as follows:
As
used in this chapter, unless the context indicates otherwise, the following
definitions shall apply:
(1)
"Department" means the department of information services;
(2)
"Board" means the information services board;
(3)
"Local governments" includes all municipal and quasi municipal
corporations and political subdivisions, and all agencies of such corporations
and subdivisions authorized to contract separately;
(4)
"Director" means the director of the department;
(5)
"Purchased services" means services provided by a vendor to
accomplish routine, continuing, and necessary functions. This term includes,
but is not limited to, services acquired for equipment maintenance and repair,
operation of a physical plant, security, computer hardware and software
installation and maintenance, data entry, keypunch services, programming
services, and computer time-sharing;
(6)
"Backbone network" means the shared high-density portions of the
state's telecommunications transmission facilities. It includes specially
conditioned high-speed communications carrier lines, multiplexors, switches
associated with such communications lines, and any equipment and software
components necessary for management and control of the backbone network;
(7)
"Telecommunications" means the transmission of information by wire,
radio, optical cable, electromagnetic, or other means;
(8)
"Information processing" means the electronic capture, collection,
storage, manipulation, transmission, retrieval, and presentation of information
in the form of data, text, voice, or image and includes telecommunications and
office automation functions;
(9)
"Information services" means data processing, telecommunications, and
office automation;
(10)
"Equipment" means the machines, devices, and transmission facilities
used in information processing, such as computers, word processors, terminals,
telephones, and cables;
(11)
"Information technology portfolio" or "portfolio" means
a strategic management process documenting relationships between agency
missions and information technology investments;
(12)
"Oversight" means a process of comprehensive risk analysis and
management designed to ensure optimum use of information technology resources;
(13)
"Proprietary software" means that software offered for sale or
license;
(((12)))
(14) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting and/or
receiving visual and associated audio information. Video telecommunications
shall not include existing public television broadcast stations as currently
designated by the department of community, trade, and economic development
under chapter 43.330 RCW.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.105 RCW to read as follows:
Information
technology portfolios shall reflect (1) links among an agency's objectives,
business plan, and technology; (2) analysis of the effect of an agency's
proposed new technology investments on its existing infrastructure and business
functions; and (3) analysis of the effect of proposed information technology
investments on the state's information technology infrastructure.
NEW
SECTION. Sec. 3. A
new section is added to chapter 43.105 RCW to read as follows:
(1)
Under the direction of the board, the department shall develop policies and
procedures to implement a management and oversight structure based on the use
of information technology portfolios.
(2)
These policies and procedures shall support and conform to:
(a)
The state strategic information technology plan developed under RCW
43.105.160(1) and section 2 of this act; and
(b)
Technology standards established by the board.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.105 RCW to read as follows:
An
agency information technology portfolio shall serve as the basis for making
information technology decisions and plans including:
(1)
System refurbishment, acquisitions, and development efforts;
(2)
Setting goals and objectives for using information technology;
(3)
Assessments of information processing performance, resources, and capabilities;
(4)
Ensuring the appropriate transfer of technological expertise for the operation
of new systems developed using external resources; and
(5)
Progress toward providing electronic access to public information.
Sec.
5. RCW
43.105.047 and 1992 c 20 s 9 are each amended to read as follows:
There
is created the department of information services. The department shall be
headed by a director appointed by the governor with the consent of the senate.
The director shall serve at the governor's pleasure and shall receive such
salary as determined by the governor. The director shall:
(1)
Appoint a confidential secretary and such deputy and assistant directors as
needed to administer the department((. However, the total number of deputy
and assistant directors shall not exceed four));
(2)
Maintain and fund a strategic planning and policy component
separate from the services component of the department;
(3)
Appoint, after consulting with the board, the assistant or deputy
director for the planning component;
(4)
Appoint such professional, technical, and clerical assistants and employees as
may be necessary to perform the duties imposed by this chapter;
(5)
Report to the governor and the board any matters relating to abuses and
evasions of this chapter; and
(6)
Recommend statutory changes to the governor and the board.
Sec.
6. RCW
43.105.052 and 1993 c 281 s 53 are each amended to read as follows:
The
department shall:
(1)
Perform all duties and responsibilities the board delegates to the department,
including but not limited to:
(a)
The review of agency ((acquisition plans)) information technology
portfolios and related requests; and
(b)
Implementation of state-wide and interagency policies, standards, and
guidelines;
(2)
Make available information services to state agencies and local governments on
a full cost-recovery basis. These services may include, but are not limited
to:
(a)
Telecommunications services for voice, data, and video;
(b)
Mainframe computing services;
(c)
Support for departmental and microcomputer evaluation, installation, and use;
(d)
Equipment acquisition assistance, including leasing, brokering, and establishing
master contracts;
(e)
Facilities management services for information technology equipment, equipment
repair, and maintenance service;
(f)
Negotiation with local cable companies and local governments to provide for
connection to local cable services to allow for access to these public and
educational channels in the state;
(g)
Office automation services;
(h)
System development services; and
(i)
Training.
These
services are for discretionary use by customers and customers may elect other
alternatives for service if those alternatives are more cost-effective or
provide better service. Agencies may be required to use the backbone network
portions of the telecommunications services during an initial start-up period
not to exceed three years;
(3)
Establish rates and fees for services provided by the department to assure that
the services component of the department is self-supporting. A billing rate
plan shall be developed for a two-year period to coincide with the budgeting
process. The rate plan shall be subject to review at least annually by the
customer ((oversight committees)) advisory board. The rate plan
shall show the proposed rates by each cost center and will show the components
of the rate structure as mutually determined by the department and the customer
((oversight committees)) advisory board. The same rate structure
will apply to all user agencies of each cost center. The rate plan and any
adjustments to rates shall be approved by the office of financial management.
The services component shall not subsidize the operations of the strategic
planning and policy component;
(4)
With the advice of the information services board and agencies, develop a state
strategic information technology plan and performance reports as required under
RCW 43.105.160;
(5)
Develop plans for the department's achievement of state-wide goals and
objectives set forth in the state strategic information technology plan
required under RCW 43.105.160. These plans shall address such services as
telecommunications, central and distributed computing, local area networks,
office automation, and end user computing. The department shall seek the
advice of the customer ((oversight committees)) advisory board
and the board in the development of these plans;
(6)
Under direction of the information services board and in collaboration with the
department of personnel, and other agencies as may be appropriate, develop
training plans and coordinate training programs that are responsive to the
needs of agencies;
(7)
Identify opportunities for the effective use of information services and
coordinate appropriate responses to those opportunities;
(8)
Assess agencies' projects, acquisitions, plans, information technology
portfolios, or overall information processing performance as requested by
the board, agencies, the director of financial management, or the legislature.
Agencies may be required to reimburse the department for agency-requested
reviews;
(9)
Develop planning, budgeting, and expenditure reporting requirements, in conjunction
with the office of financial management, for agencies to follow;
(10)
Assist the office of financial management with budgetary and policy review of
agency plans for information services;
(11)
Provide staff support from the strategic planning and policy
component to the board for:
(a)
Meeting preparation, notices, and minutes;
(b)
Promulgation of policies, standards, and guidelines adopted by the board;
(c)
Supervision of studies and reports requested by the board;
(d)
Conducting reviews and assessments as directed by the board;
(12)
Be the lead agency in coordinating video telecommunications services for all
state agencies and develop, pursuant to board policies, standards and common
specifications for leased and purchased telecommunications equipment. The
department shall not evaluate the merits of school curriculum, higher education
course offerings, or other education and training programs proposed for
transmission and/or reception using video telecommunications resources.
Nothing in this section shall abrogate or abridge the legal responsibilities of
licensees of telecommunications facilities as licensed by the federal
communication commission on March 27, 1990; and
(13)
Perform all other matters and things necessary to carry out the purposes and
provisions of this chapter.
Sec.
7. RCW
43.105.055 and 1987 c 504 s 9 are each amended to read as follows:
(1)
The director shall appoint advisory committees to assist the department.
Advisory committees shall include, but are not limited to, the customer
((oversight committees)) advisory board.
(2)
The customer ((oversight committees)) advisory board shall
provide the department with advice concerning the type, quality, and cost of
the department's services. The ((number of)) customer ((oversight
committees)) advisory board and ((their)) its
membership shall be determined by the director to assure that all services are
subject to ((oversight by)) advice from a representative
selection of customers. At least annually, these committees shall meet to
recommend, review, and comment on the service goals and objectives of the
department and the budgets for operations of those services and the rates to be
charged for those services. The ((committees)) advisory board
may call upon the board to resolve disputes between agencies and the department
which may arise with regard to service offerings, budgets, or rates.
(3)
((Any)) The customer advisory ((committee created by the
director)) board may be convened by a majority of its members, by
its chair, or by the director.
Sec.
8. RCW
43.105.080 and 1992 c 235 s 6 are each amended to read as follows:
There
is created a revolving fund to be known as the data processing revolving fund
in the custody of the state treasurer. The revolving fund shall be used for
the acquisition of equipment, software, supplies, and services and the payment
of salaries, wages, and other costs incidental to the acquisition, development,
operation, and administration of information services, telecommunications,
systems, software, supplies and equipment, including the payment of principal
and interest on bonds issued for capital projects, by the department,
Washington State University's computer services center, the department of
personnel's personnel information systems division, the office of financial
management's financial systems management group, and other users as jointly
determined by the department and the office of financial management. The
revolving fund is subject to the allotment procedure provided under chapter
43.88 RCW. Disbursements from the revolving fund for the services component of
the department are not subject to appropriation. Disbursements for the strategic
planning and policy component of the department are subject to
appropriation. All disbursements from the fund are subject to the allotment
procedures provided under chapter 43.88 RCW. The department shall establish
and implement a billing structure to assure all agencies pay an equitable share
of the costs.
As
used in this section, the word "supplies" shall not be interpreted to
delegate or abrogate the division of purchasing's responsibilities and
authority to purchase supplies as described in RCW 43.19.190 and 43.19.200.
Sec.
9. RCW
43.105.160 and 1998 c 177 s 3 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
records, 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, the chairs and ranking minority members of the appropriations
committees of the senate and the house of representatives, and, during the
legislative session, to the chairs and ranking minority members of the
transportation committees of the senate and the house of representatives.
During the legislative interim, the approved plan must be submitted to the
legislative transportation committee, instead of the standing transportation
committees.
(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 analysis, based upon agency portfolios, of the state's information
technology infrastructure, including its value, condition, and capacity;
(b)
An evaluation of performance relating to information technology;
(((b)))
(c) 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 access to
public records, information, and services;
(((c)))
(d) 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)))
(e) Identification of benefits, cost avoidance, and cost savings
generated by major information technology projects developed under RCW
43.105.190; and
(((e)))
(f) An inventory of state information services, equipment, and
proprietary software.
Copies
of the report shall be distributed biennially to the governor, the chairs and
ranking minority members of the appropriations committees of the senate and the
house of representatives, and, during the legislative session, the chairs and
ranking minority members of the transportation committees of the senate and the
house of representatives. During the legislative interim, the report must be
submitted to the legislative transportation committee, instead of the standing
transportation committees.
Sec.
10. RCW
43.105.170 and 1996 c 171 s 10 and 1996 c 137 s 13 are each reenacted and
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)) portfolio consistent
with section 3 of this act. The superintendent of public instruction shall
develop its ((plan)) portfolio in conjunction with educational
service districts and state-wide or regional providers of K-12 education
information technology services.
((Plans))
(2) Agency portfolios shall include, but not be limited to, the
following:
(a)
A baseline assessment of the agency's information technology resources and
capabilities that will serve as the benchmark for subsequent planning and
performance measures;
(b)
A statement of the agency's mission, goals, and objectives for information
technology, including goals and objectives for achieving electronic access to
agency records, information, and services;
(((b)))
(c) 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)))
(d) An implementation strategy to provide electronic access to public
records and 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, including those that
help transcend geographic locations, standard business hours, economic
conditions of users, and disabilities;
(iv)
Methods to educate both state employees and the public in the effective use of
access technologies;
(((d)))
(e) Projects and resources required to meet the objectives of the ((plan))
portfolio; and
(((e)))
(f) Where feasible, estimated schedules and funding required to
implement identified projects.
(((2)
Plans)) (3) Portfolios 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)) portfolios
as deemed appropriate by the board. ((Plans)) Portfolios
submitted under this subsection shall be updated and submitted for review and
approval as necessary.
(((3)))
(4) Each agency shall prepare and submit to the department a biennial
performance report that evaluates progress toward the objectives articulated
in its information technology portfolio. The superintendent of public
instruction shall develop its ((plan)) portfolio in conjunction
with educational service districts and state-wide or regional providers of K-12
education information technology services. 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)) portfolio;
(c)
Progress toward electronic access to public information and enabling citizens
to have two-way interaction for obtaining information and services from
agencies; and
(d)
An inventory of agency information services, equipment, and proprietary
software.
(((4)))
(5) The department, with the approval of the board, shall establish standards,
elements, form, and format for plans and reports developed under this section.
(((5)))
(6) Agency activities to increase electronic access to public records
and information, as required by this section, must be implemented within
available resources and existing agency planning processes.
(((6)))
(7) The board may exempt any agency from any or all of the requirements
of this section.
Sec.
11. RCW
43.105.180 and 1996 c 171 s 11 and 1996 c 137 s 14 are each reenacted and
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, including those proposed by the superintendent of public
instruction, in conjunction with educational service districts, or state-wide
or regional providers of K-12 education information technology services. 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, consistent with portfolio-based information
technology management, for the evaluation of agency budget requests under
this section. These budget requests shall be made in the context of an
agency's information technology portfolio; technology initiatives underlying
budget requests are subject to board review. Criteria shall include, but
not be limited to: Feasibility of the proposed projects, consistency with the
state ((and agency)) strategic information technology plan((s)),
consistency with ((agency goals and objectives)) information
technology portfolios, appropriate provision for public electronic access
to information and services, costs, and benefits.
Sec.
12. RCW
43.105.190 and 1998 c 177 s 4 are each amended to read as follows:
(1)
The department, with the approval of the board, shall establish standards and
policies governing the planning, implementation, and evaluation of major
information technology projects, including those proposed by the superintendent
of public instruction, in conjunction with educational service districts, or
state-wide or regional providers of K-12 education information technology
services. The standards and policies shall:
(a)
Establish criteria to identify projects which are subject to this section. Such
criteria shall include, but not be limited to, significant anticipated cost,
complexity, or state-wide significance of the project; and
(b)
Establish a model process and procedures which agencies shall follow in
developing and implementing projects ((plans)) within their
information technology portfolios. Agencies may propose, for approval by
the department, a process and procedures unique to the agency. The department
may accept or require modification of such agency proposals or the department
may reject such agency proposals and require use of the model process and
procedures established under this subsection. Any process and procedures
developed under this subsection shall require (i) distinct and identifiable
phases upon which funding may be based, (ii) user validation of products
through system demonstrations and testing of prototypes and deliverables, and
(iii) other elements identified by the board.
((Project
plans and any agreements established under such plans shall be approved and
mutually agreed upon by the director, the director of financial management, and
the head of the agency proposing the project.))
The
director may terminate a major project if the director determines that the
project is not meeting or is not expected to meet anticipated performance
standards.
(2)
The office of financial management shall establish policies and standards ((governing))
consistent with portfolio-based information technology management to govern
the funding of projects developed under this section. The policies and
standards shall provide for:
(a)
Funding of a project under terms and conditions mutually agreed to by the
director, the director of financial management, and the head of the agency proposing
the project. However, the office of financial management may require
incremental funding of a project on a phase-by-phase basis whereby funds for a
given phase of a project may be released only when the office of financial
management determines, with the advice of the department, that the previous
phase is satisfactorily completed;
(b)
Acceptance testing of products to assure that products perform satisfactorily
before they are accepted and final payment is made; and
(c)
Other elements deemed necessary by the office of financial management.
(3)
The department shall evaluate projects ((at three stages of development as
follows: (a) Initial needs assessment; (b) feasibility study including
definition of scope, development of tasks and timelines, and estimated costs
and benefits; and (c))) based on the demonstrated business needs and
benefits; cost; technology scope and feasibility; impact on the agency's
information technology portfolio and on the state-wide infrastructure; and
final project implementation plan based upon available funding.
Copies
of project evaluations conducted under this subsection shall be submitted to
the office of financial management and the chairs, ranking minority members,
and staff coordinators of the appropriations committees of the senate and house
of representatives.
If
there are projects that receive funding from a transportation fund or account,
copies of those projects' evaluations conducted under this subsection must be
submitted, during the legislative session, to the chairs and ranking minority
members of the transportation committees of the senate and the house of
representatives. During the legislative interim, the project evaluations must
be submitted to the legislative transportation committee.
