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

SB 5589                        p. 8

_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.

35 

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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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