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43.105.020  <<  43.105.041 >>   43.105.047

RCW 43.105.041

Powers and duties of board.

(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, 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, except that the board, the department, and state agencies, as delegated, must post notices of technology procurement bids on the state's common vendor registration and bid notification system for (i) goods and purchased services of fifty thousand dollars or greater, and (ii) personal services of ten thousand dollars or greater. This subsection (1)(b) does not apply to the legislative branch;

     (c) To develop statewide or interagency technical policies, standards, and procedures;

     (d) 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) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;

     (f) 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) 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) 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;

     (i) To review and approve that portion of the department's budget requests that provides for support to the board; and

     (j) To develop procurement policies and procedures, such as unbundled contracting and subcontracting, that encourage and facilitate the purchase of products and services by state agencies and institutions from Washington small businesses to the maximum extent practicable and consistent with international trade agreement commitments.

     (2) 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) 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) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.

     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 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 department 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.

[2011 c 358 § 6; 2010 1st sp.s. c 7 § 65; 2009 c 486 § 13; 2003 c 18 § 3; 1999 c 285 § 5. Prior: 1996 c 171 § 8; 1996 c 137 § 12; (1996 c 171 § 7, 1996 c 137 § 11, and 1995 2nd sp.s. c 14 § 512 expired June 30, 1997); 1990 c 208 § 6; 1987 c 504 § 5; 1983 c 3 § 115; 1973 1st ex.s. c 219 § 6.]

Notes:

     Reviser's note: *(1) 43.19.190, 43.19.1901, 43.19.1905,43.19.19052 , 43.19.1906, 43.19.1908, 43.19.1911, 43.19.1913,43.19.1914 , 43.19.1915, 43.19.1937, 43.19.1939, and 43.19.200 were repealed by 2012 c 224 § 29, effective January 1, 2013. See chapter 39.26 RCW.

     (2) RCW 43.105.041 was also repealed by 2011 1st sp.s. c 43 § 1013, effective October 1, 2011, without cognizance of its amendment by 2011 c 358 § 6. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.

     Findings -- Intent -- 2011 c 358: See note following RCW 43.19.725.

     Effective date -- 2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

     Conflict with federal requirements -- Intent -- 2009 c 486: See notes following RCW 28B.30.530.

     Intent -- Finding -- Effective date -- 2003 c 18: See notes following RCW 43.105.020.

     Captions not law -- Effective dates -- 1996 c 171: See notes following RCW 2.68.050.

     Expiration date -- 1996 c 171 § 7: "Section 7 of this act expires June 30, 1997." [1996 c 171 § 20.]

     Effective date -- 1996 c 137 § 12: "Section 12 of this act shall take effect June 30, 1997." [1996 c 137 § 18.]

     Expiration date -- 1996 c 137 § 11: "Section 11 of this act expires June 30, 1997." [1996 c 137 § 17.]

     Application -- 1996 c 137: "Nothing in this act shall prevent the ongoing maintenance and operation of existing telecommunications and information systems or programs." [1996 c 137 § 20.]

     Expiration date -- 1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note following RCW 43.19.1919.

RCW 43.105.041

Powers and duties of board.

[2010 1st sp.s. c 7 § 65; 2009 c 486 § 13; 2003 c 18 § 3; 1999 c 285 § 5. Prior: 1996 c 171 § 8; 1996 c 137 § 12; (1996 c 171 § 7, 1996 c 137 § 11, and 1995 2nd sp.s. c 14 § 512 expired June 30, 1997); 1990 c 208 § 6; 1987 c 504 § 5; 1983 c 3 § 115; 1973 1st ex.s. c 219 § 6.] Repealed by 2011 1st sp.s. c 43 § 1013, effective October 1, 2011.

Notes:

     Reviser's note: RCW 43.105.041 was also amended by 2011 c 358 § 6 without cognizance of its repeal by 2011 1st sp.s. c 43 § 1013, effective October 1, 2011. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.