Z 0564

Z‑0564.2 _____________________________________________

SENATE BILL 5589

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Gardner, Swecker and Winsley; by request of Governor Locke

Read first time 01/26/2001. Referred to Committee on State & Local Government.

_1 AN ACT Relating to transferring the public printer to the

_2 department of general administration; amending RCW 41.06.070,

_3 43.78.030, 43.78.040, 43.78.050, 43.78.070, 43.78.090, 43.78.100,

_4 43.78.105, 43.78.110, and 43.78.170; adding a new section to

_5 chapter 43.78 RCW; adding a new section to chapter 41.56 RCW;

_6 creating a new section; repealing RCW 43.78.010 and 43.78.020; and

_7 providing an effective date.

_8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_9 NEW SECTION. Sec. 1. The legislature recognizes that

10 efficiencies, improvements in customer service, and economies can

11 be achieved by merging the operations of agencies with like

12 functions. Both the public printer and the department of general

13 administration provide vital direct central services to state

14 agencies and their other clients, which involve large scale

15 purchasing, mailing, and distribution and storage. Because of these

16 functional similarities, there is overlap and duplication of some

17 services, administrative functions, and facilities and equipment.

18 It is, therefore, the intent of the legislature, to transfer

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_1 the powers, duties, and functions of the public printer to the

_2 department of general administration to strengthen the ability of

_3 both agencies to provide optimal central services to their

_4 clients. By combining the resources of the two agencies, the

_5 legislature expects that service duplications will be eliminated,

_6 administrative functions streamlined, distribution networks

_7 coordinated, facility and equipment use maximized, and other

_8 efficiencies and economies achieved.

_9 NEW SECTION. Sec. 2. A new section is added to chapter 43.78

10 RCW to read as follows:

11 (1) The office of the public printer is hereby abolished and

12 its powers, duties, and functions are hereby transferred to the

13 department of general administration. All references to the public

14 printer or the state printer in the Revised Code of Washington

15 shall be construed to mean the director or the department of

16 general administration.

17 (2)(a) All reports, documents, surveys, books, records, files,

18 papers, or written material in the possession of the public

19 printer shall be delivered to the custody of the department of

20 general administration. All cabinets, furniture, office equipment,

21 motor vehicles, and other tangible property employed by the public

22 printer shall be made available to the department of general

23 administration. All funds, credits, or other assets held by the

24 public printer shall be assigned to the department of general

25 administration.

26 (b) If any question arises as to the transfer of any personnel,

27 funds, books, documents, records, papers, files, equipment, or

28 other tangible property used or held in the exercise of the powers

29 and the performance of the duties and functions transferred, the

30 director of financial management shall make a determination as to

31 the proper allocation and certify the same to the state agencies

32 concerned.

33 (3) All employees of the public printer are transferred to the

34 jurisdiction of the department of general administration. All

35 employees classified under chapter 41.06 RCW, the state civil

36 service law, are assigned to the department of general

37 administration to perform their usual duties upon the same terms

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_1 as formerly, without any loss of rights, subject to any action

_2 that may be appropriate thereafter in accordance with the laws and

_3 rules governing state civil service.

_4 (4) All rules and all pending business before the public

_5 printer shall be continued and acted upon by the department of

_6 general administration. All existing contracts and obligations

_7 shall remain in full force and shall be performed by the

_8 department of general administration.

_9 (5) The transfer of the powers, duties, functions, and

10 personnel of the public printer shall not affect the validity of

11 any act performed before the effective date of this section.

12 (6) If apportionments of budgeted funds are required because of

13 the transfers directed by this section, the director of financial

14 management shall certify the apportionments to the agencies

15 affected, the state auditor, and the state treasurer. Each of these

16 shall make the appropriate transfer and adjustments in funds and

17 appropriation accounts and equipment records in accordance with

18 the certification.

19 (7) Nothing contained in this section may be construed to alter

20 any existing collective bargaining unit or the provisions of any

21 existing collective bargaining agreement until the agreement has

22 expired or until the bargaining unit has been modified. Nothing

23 contained in this section may be construed to alter any right to

24 bargain collectively of employees or positions in the state

25 printing plant within the department of general administration.

26 Sec. 3. RCW 41.06.070 and 1998 c 245 s 40 are each amended to read

27 as follows:

28 (1) The provisions of this chapter do not apply to:

29 (a) The members of the legislature or to any employee of, or

30 position in, the legislative branch of the state government

31 including members, officers, and employees of the legislative

32 council, joint legislative audit and review committee, statute law

33 committee, and any interim committee of the legislature;

34 (b) The justices of the supreme court, judges of the court of

35 appeals, judges of the superior courts or of the inferior courts,

36 or to any employee of, or position in the judicial branch of state

37 government;

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_1 (c) Officers, academic personnel, and employees of technical

_2 colleges;

_3 (d) The officers of the Washington state patrol;

_4 (e) Elective officers of the state;

_5 (f) The chief executive officer of each agency;

_6 (g) In the departments of employment security and social and

_7 health services, the director and the director's confidential

_8 secretary; in all other departments, the executive head of which

_9 is an individual appointed by the governor, the director, his or

10 her confidential secretary, and his or her statutory assistant

11 directors;

12 (h) In the case of a multimember board, commission, or

13 committee, whether the members thereof are elected, appointed by

14 the governor or other authority, serve ex officio, or are

15 otherwise chosen:

16 (i) All members of such boards, commissions, or committees;

17 (ii) If the members of the board, commission, or committee

18 serve on a part-time basis and there is a statutory executive

19 officer: The secretary of the board, commission, or committee; the

20 chief executive officer of the board, commission, or committee;

21 and the confidential secretary of the chief executive officer of

22 the board, commission, or committee;

23 (iii) If the members of the board, commission, or committee

24 serve on a full-time basis: The chief executive officer or

25 administrative officer as designated by the board, commission, or

26 committee; and a confidential secretary to the chair of the board,

27 commission, or committee;

28 (iv) If all members of the board, commission, or committee

29 serve ex officio: The chief executive officer; and the confidential

30 secretary of such chief executive officer;

31 (i) The confidential secretaries and administrative assistants

32 in the immediate offices of the elective officers of the state;

33 (j) Assistant attorneys general;

34 (k) Commissioned and enlisted personnel in the military service

35 of the state;

36 (l) Inmate, student, part-time, or temporary employees, and

37 part-time professional consultants, as defined by the Washington

38 personnel resources board;

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_1 (m) ((~~The public printer or to any~~)) Employees of or positions

_2 in the state printing plant within the department of general

_3 administration;

_4 (n) Officers and employees of the Washington state fruit

_5 commission;

_6 (o) Officers and employees of the Washington state apple

_7 advertising commission;

_8 (p) Officers and employees of the Washington state dairy

_9 products commission;

10 (q) Officers and employees of the Washington tree fruit

11 research commission;

12 (r) Officers and employees of the Washington state beef

13 commission;

14 (s) Officers and employees of any commission formed under

15 chapter 15.66 RCW;

16 (t) ((~~Officers and employees of the state wheat commission~~

17 ~~formed under chapter 15.63 RCW;~~

18 ~~(u)~~)) Officers and employees of agricultural commissions formed

19 under chapter 15.65 RCW;

20 ((~~(v)~~)) (u) Officers and employees of the nonprofit corporation

21 formed under chapter 67.40 RCW;

22 ((~~(w)~~)) (v) Executive assistants for personnel administration

23 and labor relations in all state agencies employing such executive

24 assistants including but not limited to all departments, offices,

25 commissions, committees, boards, or other bodies subject to the

26 provisions of this chapter and this subsection shall prevail over

27 any provision of law inconsistent herewith unless specific

28 exception is made in such law;

29 ((~~(x)~~)) (w) In each agency with fifty or more employees: Deputy

30 agency heads, assistant directors or division directors, and not

31 more than three principal policy assistants who report directly to

32 the agency head or deputy agency heads;

33 ((~~(y)~~)) (x) All employees of the marine employees' commission;

34 ((~~(z) Up to a total of five senior staff positions of the~~

35 ~~western library network under chapter 27.26 RCW responsible for~~

36 ~~formulating policy or for directing program management of a major~~

37 ~~administrative unit. This subsection (1)(z) shall expire on June~~

38 ~~30, 1997;~~

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_1 ~~(aa)~~)) (y) Staff employed by the department of community,

_2 trade, and economic development to administer energy policy

_3 functions and manage energy site evaluation council activities

_4 under RCW 43.21F.045(2)(m);

_5 ((~~(bb)~~)) (z) Staff employed by Washington State University to

_6 administer energy education, applied research, and technology

_7 transfer programs under RCW 43.21F.045 as provided in RCW

_8 28B.30.900(5).

_9 (2) The following classifications, positions, and employees of

10 institutions of higher education and related boards are hereby

11 exempted from coverage of this chapter:

12 (a) Members of the governing board of each institution of

13 higher education and related boards, all presidents, vice-

14 presidents, and their confidential secretaries, administrative,

15 and personal assistants; deans, directors, and chairs; academic

16 personnel; and executive heads of major administrative or academic

17 divisions employed by institutions of higher education; principal

18 assistants to executive heads of major administrative or academic

19 divisions; other managerial or professional employees in an

20 institution or related board having substantial responsibility for

21 directing or controlling program operations and accountable for

22 allocation of resources and program results, or for the

23 formulation of institutional policy, or for carrying out personnel

24 administration or labor relations functions, legislative

25 relations, public information, development, senior computer

26 systems and network programming, or internal audits and

27 investigations; and any employee of a community college district

28 whose place of work is one which is physically located outside the

29 state of Washington and who is employed pursuant to RCW 28B.50.092

30 and assigned to an educational program operating outside of the

31 state of Washington;

32 (b) Student, part-time, or temporary employees, and part-time

33 professional consultants, as defined by the Washington personnel

34 resources board, employed by institutions of higher education and

35 related boards;

36 (c) The governing board of each institution, and related

37 boards, may also exempt from this chapter classifications

38 involving research activities, counseling of students, extension

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_1 or continuing education activities, graphic arts or publications

_2 activities requiring prescribed academic preparation or special

_3 training as determined by the board: PROVIDED, That no nonacademic

_4 employee engaged in office, clerical, maintenance, or food and

_5 trade services may be exempted by the board under this provision;

_6 (d) Printing craft employees in the department of printing at

_7 the University of Washington.

_8 (3) In addition to the exemptions specifically provided by this

_9 chapter, the Washington personnel resources board may provide for

10 further exemptions pursuant to the following procedures. The

11 governor or other appropriate elected official may submit requests

12 for exemption to the Washington personnel resources board stating

13 the reasons for requesting such exemptions. The Washington

14 personnel resources board shall hold a public hearing, after

15 proper notice, on requests submitted pursuant to this

16 subsection. If the board determines that the position for which

17 exemption is requested is one involving substantial responsibility

18 for the formulation of basic agency or executive policy or one

19 involving directing and controlling program operations of an

20 agency or a major administrative division thereof, the Washington

21 personnel resources board shall grant the request and such

22 determination shall be final as to any decision made before July

23 1, 1993. The total number of additional exemptions permitted under

24 this subsection shall not exceed one percent of the number of

25 employees in the classified service not including employees of

26 institutions of higher education and related boards for those

27 agencies not directly under the authority of any elected public

28 official other than the governor, and shall not exceed a total of

29 twenty-five for all agencies under the authority of elected public

30 officials other than the governor.

31 The salary and fringe benefits of all positions presently or

32 hereafter exempted except for the chief executive officer of each

33 agency, full-time members of boards and commissions,

34 administrative assistants and confidential secretaries in the

35 immediate office of an elected state official, and the personnel

36 listed in subsections (1)(j) through ((~~(v)~~)) (u), ((~~(y), (z)~~))

37 (x), and (2) of this section, shall be determined by the

38 Washington personnel resources board. However, beginning with

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_1 changes proposed for the 1997-99 fiscal biennium, changes to the

_2 classification plan affecting exempt salaries must meet the same

_3 provisions for classified salary increases resulting from

_4 adjustments to the classification plan as outlined in RCW

_5 41.06.152.

_6 Any person holding a classified position subject to the

_7 provisions of this chapter shall, when and if such position is

_8 subsequently exempted from the application of this chapter, be

_9 afforded the following rights: If such person previously held

10 permanent status in another classified position, such person shall

11 have a right of reversion to the highest class of position

12 previously held, or to a position of similar nature and salary.

13 Any classified employee having civil service status in a

14 classified position who accepts an appointment in an exempt

15 position shall have the right of reversion to the highest class of

16 position previously held, or to a position of similar nature and

17 salary.

18 A person occupying an exempt position who is terminated from

19 the position for gross misconduct or malfeasance does not have the

20 right of reversion to a classified position as provided for in

21 this section.

22 Sec. 4. RCW 43.78.030 and 1994 c 82 s 1 are each amended to read

23 as follows:

24 The ((~~public printer~~)) director of general administration shall

25 print and bind the session laws, the journals of the two houses of

26 the legislature, all bills, resolutions, documents, and other

27 printing and binding of either the senate or house, as the same

28 may be ordered by the legislature; and such forms, blanks, record

29 books, and printing and binding of every description as may be

30 ordered by all state officers, boards, commissions, and

31 institutions, and the supreme court, and the court of appeals and

32 officers thereof, as the same may be ordered on requisition, from

33 time to time, by the proper authorities. This section shall not

34 apply to the printing of the supreme court and the court of

35 appeals reports, to the printing of bond certificates or bond

36 offering disclosure documents, to the printing of educational

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_1 publications of the state historical societies, or to any printing

_2 done or contracted for by institutions of higher education:

_3 PROVIDED, That institutions of higher education, in consultation

_4 with the ((~~public printer~~)) director of general administration,

_5 develop vendor selection procedures comparable to those used by

_6 the ((~~public printer~~)) director of general administration for

_7 contracted printing jobs. Where any institution or institution of

_8 higher learning of the state is or may become equipped with

_9 facilities for doing such work, it may do any printing: (1) For

10 itself, or (2) for any other state institution when such printing

11 is done as part of a course of study relative to the profession of

12 printer. Any printing and binding of whatever description as may be

13 needed by any institution or agency of the state department of

14 social and health services not at Olympia, or the supreme court or

15 the court of appeals or any officer thereof, the estimated cost of

16 which shall not exceed one thousand dollars, may be done by any

17 private printing company in the general vicinity within the state

18 of Washington so ordering, if in the judgment of the officer of

19 the agency so ordering, the saving in time and processing

20 justifies the award to such local private printing concern.

21 Beginning on July 1, 1989, and on July 1 of each succeeding odd-

22 numbered year, the dollar limit specified in this section shall be

23 adjusted as follows: The office of financial management shall

24 calculate such limit by adjusting the previous biennium's limit by

25 an appropriate federal inflationary index reflecting the rate of

26 inflation for the previous biennium. Such amounts shall be rounded

27 to the nearest fifty dollars.

28 NEW SECTION. Sec. 5. A new section is added to chapter 41.56

29 RCW to read as follows:

30 In addition to the entities listed in RCW 41.56.020, this

31 chapter shall apply to the department of general administration

32 with respect to printing craft employees in the state printing

33 plant within the department of general administration.

34 Sec. 6. RCW 43.78.040 and 1965 c 8 s 43.78.040 are each amended to

35 read as follows:

36 All printing and binding shall be done under the general

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_1 superintendence of the authorities ordering it, and when completed

_2 shall be delivered to such authorities, who shall sign receipts

_3 therefor.

_4 Before the ((~~public printer~~)) director of general

_5 administration shall execute any printing or binding for any

_6 office, board, commission, or institution, the proper officer

_7 thereof shall apply therefor by requisition.

_8 Sec. 7. RCW 43.78.050 and 1965 c 8 s 43.78.050 are each amended

_9 to read as follows:

10 Upon delivering a printing or binding job and receiving a

11 receipt therefor the ((~~public printer~~)) director of general

12 administration shall make out, and deliver to the requesting

13 agency an itemized statement of charges.

14 Sec. 8. RCW 43.78.070 and 1979 c 151 s 134 are each amended to

15 read as follows:

16 The ((~~public printer~~)) director of general administration shall

17 use the state printing plant, which includes the state copy

18 centers, upon the following conditions, to wit:

19 (1) ((He)) The director shall do the public printing, and

20 charge therefor the fees as provided by law. ((He)) The director

21 may print the Washington Reports for the publishers thereof under

22 a contract approved in writing by the governor.

23 (2) ((~~The gross income of the public printer~~)) All receipts

24 from the state printing plant shall be deposited in ((~~an account~~

25 ~~designated "state printing plant revolving fund" in depositaries~~

26 ~~approved by the state treasurer~~)) the general administration

27 services account, and shall be disbursed ((~~by the public printer~~

28 ~~by check and only~~)) as follows:

29 ((~~First,~~)) (a) In payment of the actual cost of labor,

30 material, supplies, replacements, repairs, water, light, heat,

31 telephone, rent, and all other expenses necessary in the operation

32 of the plant((~~: PROVIDED, That no machinery shall be purchased~~

33 ~~except on written approval of the governor~~));

34 ((~~Second,~~)) (b) In payment of the cost of reasonable insurance

35 upon the printing plant((~~, payable to the state and of all~~

36 ~~fidelity bonds required by law of the public printer;~~

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_1 ~~Third, in payment to the public printer of a salary which shall~~

_2 ~~be fixed by the governor in accordance with the provisions of RCW~~

_3 ~~43.03.040;~~

_4 ~~Fourth, in remitting the balance to the state treasurer for the~~

_5 ~~general fund: PROVIDED, That a reasonable sum to be determined by~~

_6 ~~the governor, the public printer, and the director of financial~~

_7 ~~management shall be retained in the fund for working capital for~~

_8 ~~the public printer~~)).

_9 (3) Disbursements from the general administration services

10 account for the cost of materials and services purchased for

11 resale by the state printing plant are not subject to allotment

12 procedures provided under chapter 43.88 RCW. Disbursements from the

13 general administration services account for all other expenses of

14 the state printing plant including administrative expenses and all

15 staff costs are subject to the allotment procedures provided under

16 chapter 43.88 RCW. An appropriation is not required for

17 expenditures for the operation of the state printing plant.

18 Sec. 9. RCW 43.78.090 and 1965 c 8 s 43.78.090 are each amended to

19 read as follows:

20 Whenever required by law or by the legislature or by any state

21 officer, board, commission, or institution the ((~~public printer~~))

22 director of general administration shall keep the ((~~type~~)) copy

23 used in printing any matter ((~~forming a part of the first, second,~~

24 ~~third, and fourth classes standing~~)) for a period not exceeding

25 sixty days for use in reprinting such matter.

26 Sec. 10. RCW 43.78.100 and 1993 c 379 s 106 are each amended to

27 read as follows:

28 The ((~~public printer~~)) director of general administration shall

29 furnish all paper, stock, and binding materials required in all

30 public work, and shall charge the same to the state, as it is

31 actually used, at the actual price at which it was purchased plus

32 up to five percent for waste, insurance, storage, and

33 handling. This section does not apply to institutions of higher

34 education.

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_1 Sec. 11. RCW 43.78.105 and 1993 c 379 s 105 are each amended to

_2 read as follows:

_3 The ((~~public printer~~)) director of general administration may

_4 use the state printing plant for the purposes of printing or

_5 furnishing materials under RCW 43.78.100 if an interlocal

_6 agreement under chapter 39.34 RCW has been executed between an

_7 institution of higher education and the ((~~public printer~~))

_8 department of general administration.

_9 Sec. 12. RCW 43.78.110 and 1993 c 379 s 107 are each amended to

10 read as follows:

11 Whenever in the judgment of the ((~~public printer~~)) director of

12 general administration certain printing, ruling, binding, or

13 supplies can be secured from private sources more economically

14 than by doing the work or preparing the supplies in the state

15 printing plant, the ((~~public printer~~)) director may obtain such

16 work or supplies from such private sources.

17 In event any work or supplies are secured on behalf of the

18 state under this section the state printing plant shall be

19 entitled to add up to five percent to the cost thereof to cover

20 the handling of the orders which shall be added to the bills and

21 charged to the respective authorities ordering the work or

22 supplies. The five percent handling charge shall not apply to

23 contracts with institutions of higher education.

24 Sec. 13. RCW 43.78.170 and 1996 c 198 s 3 are each amended to read

25 as follows:

26 The ((~~public printer~~)) director of general administration shall

27 take all actions consistent with the ((~~plan~~)) strategy under RCW

28 43.19A.050 to ensure that seventy-five percent or more of the

29 total dollar amount of printing paper stock used by the

30 ((~~printer~~)) state printing plant is recycled content paper by

31 January 1, 1997, and ninety percent or more of the total dollar

32 amount of printing paper stock used by the ((~~printer~~)) state

33 printing plant is recycled content paper by January 1, 1999.

34 NEW SECTION. Sec. 14. The following acts or parts of acts are each

35 repealed:

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_1 (1) RCW 43.78.010 (Appointment of public printer) and 1981 c 338 s

_2 6 & 1965 c 8 s 43.78.010; and

_3 (2) RCW 43.78.020 (Bond) and 1965 c 8 s 43.78.020.

_4 NEW SECTION. Sec. 15. This act takes effect July 1, 2002.

‑‑‑ END ‑‑‑

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