BILL REQ. #:  H-0957.1 



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HOUSE BILL 1296
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State of Washington60th Legislature2007 Regular Session

By Representatives Hunter and Anderson

Read first time 01/16/2007.   Referred to Committee on Technology, Energy & Communications.



     AN ACT Relating to information technology projects; and amending RCW 43.88A.020, 43.105.160, 43.105.041, and 43.105.825.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.88A.020 and 1994 c 219 s 3 are each amended to read as follows:
     The office of financial management shall, in cooperation with appropriate legislative committees and legislative staff, establish a procedure for the provision of fiscal notes on the expected impact of bills and resolutions which increase or decrease or tend to increase or decrease state government revenues or expenditures. Such fiscal notes shall indicate by fiscal year the impact for the remainder of the biennium in which the bill or resolution will first take effect as well as a cumulative forecast of the fiscal impact for the succeeding four fiscal years. Fiscal notes shall separately identify the fiscal impacts on the operating and capital budgets. Estimates of fiscal impacts shall be calculated using the procedures contained in the fiscal note instructions issued by the office of financial management. Fiscal notes shall also identify the fiscal and operational impacts on the state information technology portfolio. To develop a process for assessing the fiscal and operational impacts on the state information technology portfolio, the office of financial management shall consult with the information services board and the department of information services.
     In establishing the fiscal impact called for pursuant to this chapter, the office of financial management shall coordinate the development of fiscal notes with all state agencies affected.

Sec. 2   RCW 43.105.160 and 2005 c 319 s 110 are each amended to read as follows:
     (1)(a) The department, in consultation with the office of financial management and the information services board, shall prepare a ((state strategic information technology plan which)) six-year strategic plan for state information technology projects. The strategic plan shall establish a statewide mission, goals, and objectives for the use of information technology, including goals for electronic access to government records, information, and services. At a minimum, the strategic plan must contain the following: (i) A long-term plan for state investments in information technology projects, that identifies the highest priority needs for information technology projects within affordable spending levels; (ii) a statewide information technology assessment, that includes detailed project information and estimated costs for all ongoing information technology projects included in a state agency's information technology portfolio, under RCW 43.105.170; (iii) a detailed list of proposed information technology projects for the upcoming biennium and the two succeeding biennia; and (iv) a comprehensive review of the most recent biennial state performance report prepared under subsection (2) of this section. 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.
     (b) The plan approved under this section shall be updated ((as necessary)) biennially 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)(a) 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))) (i) An analysis, based upon agency portfolios, of the state's information technology infrastructure, including its value, condition, and capacity;
     (((b))) (ii) An evaluation of performance relating to information technology;
     (((c))) (iii) 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;
     (((d))) (iv) An analysis of the success or failure, feasibility, progress, costs, and timeliness of implementation of major information technology projects under RCW 43.105.190;
     (((e))) (v) Identification of benefits, cost avoidance, and cost savings generated by major information technology projects developed under RCW 43.105.190; and
     (((f))) (vi) An inventory of state information services, equipment, and proprietary software.
     (b) 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. 3   RCW 43.105.041 and 2003 c 18 s 3 are each amended to read as follows:
     (1) The board shall have the following powers and duties related to information services:
     (a) To develop standards and procedures governing the acquisition and disposition of equipment, proprietary software and purchased services, licensing of the radio spectrum by or on behalf of state agencies, and confidentiality of computerized data;
     (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,)). However, 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;
     (c) To develop statewide requirements for contracts for information technology projects;
     (d)
To develop statewide or interagency technical policies, standards, and procedures;
     (((d))) (e) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a statewide 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;
     (((e))) (f) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;
     (((f))) (g) To develop and implement a process for the resolution of appeals by:
     (i) Vendors concerning the conduct of an acquisition process by an agency or the department; or
     (ii) A customer agency concerning the provision of services by the department or by other state agency providers;
     (((g))) (h) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:
     (i) Planning, management, control, and use of information services;
     (ii) Training and education; and
     (iii) Project management;
     (((h))) (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
     (((i))) (j) To review and approve that portion of the department's budget requests that provides for support to the board.
     (2)(a) Statewide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service and complement content-related standards designed to meet those goals. The board shall:
     (((a))) (i) Establish technical standards to facilitate electronic access to government information and interoperability of information systems, including wireless communications systems. Local governments are strongly encouraged to follow the standards established by the board; and
     (((b))) (ii) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.
     (b) In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
     (3)(a) The board, in consultation with the K-20 board, has the duty to govern, operate, and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; procurement of shared network services and equipment; and resolving user/provider disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20 network technical steering committee as appropriate.
     (b) The board has the authority to adopt rules under chapter 34.05 RCW to implement the provisions regarding the technical operations and conditions of use of the K-20 network.

Sec. 4   RCW 43.105.825 and 2004 c 275 s 62 are each amended to read as follows:
     (1) In overseeing the technical aspects of the K-20 network, the information services board is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the superintendent of public instruction, the information services board, the state librarian, or the governing boards of the institutions of higher education.
     (2) The board may not interfere in any curriculum or legally offered programming offered over the network.
     (3) The responsibility to review and approve standards and common specifications for the network remains the responsibility of the information services board under RCW 43.105.041.
     (4) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. Except as set forth in RCW 43.105.041(1)(((d))) (e), the board may recommend, but not require, revisions to the superintendent's telecommunications plans.

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