AN
ACT Relating to interpreter services for public assistance recipients; amending
RCW 39.29.040 and 43.19.190; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that limited-English speaking and sensory-impaired applicants
and recipients of public assistance often require interpreter services in order
to communicate effectively with employees of the department of social and
health services, medical professionals, and other social services personnel.
The legislature further finds that interpreter services can be procured and
delivered through a variety of different means. It is in the public's interest
for the department to deliver interpreter services, to the extent funds are
available, by the means which it determines most cost-effectively ensure that
limited-English speaking and sensory-impaired persons are able to communicate
with department employees and service providers.
Sec.
2. RCW
39.29.040 and 1998 c 101 s 7 are each amended to read as follows:
This
chapter does not apply to:
(1)
Contracts specifying a fee of less than five thousand dollars if the total of
the contracts from that agency with the contractor within a fiscal year does
not exceed five thousand dollars;
(2)
Contracts awarded to companies that furnish a service where the tariff is
established by the utilities and transportation commission or other public
entity;
(3)
Intergovernmental agreements awarded to any governmental entity, whether
federal, state, or local and any department, division, or subdivision thereof;
(4)
Contracts awarded for services to be performed for a standard fee, when the
standard fee is established by the contracting agency or any other governmental
entity and a like contract is available to all qualified applicants;
(5)
Contracts for services that are necessary to the conduct of collaborative
research if prior approval is granted by the funding source;
(6)
Contracts for client services;
(7)
Contracts for architectural and engineering services as defined in RCW
39.80.020, which shall be entered into under chapter 39.80 RCW;
(8)
Contracts for the employment of expert witnesses for the purposes of
litigation; ((and))
(9)
Contracts for bank supervision authorized under RCW 30.38.040; and
(10) Contracts for interpreter services and interpreter
brokerage services on behalf of limited-English speaking or sensory-impaired
applicants and recipients of public assistance.
Sec.
3. RCW
43.19.190 and 1995 c 269 s 1401 are each amended to read as follows:
The
director of general administration, through the state purchasing and material
control director, shall:
(1)
Establish and staff such administrative organizational units within the
division of purchasing as may be necessary for effective administration of the
provisions of RCW 43.19.190 through 43.19.1939;
(2)
Purchase all material, supplies, services, and equipment needed for the
support, maintenance, and use of all state institutions, colleges, community
colleges, technical colleges, college districts, and universities, the offices
of the elective state officers, the supreme court, the court of appeals, the
administrative and other departments of state government, and the offices of
all appointive officers of the state: PROVIDED, That the provisions of RCW
43.19.190 through 43.19.1937 do not apply in any manner to the operation of the
state legislature except as requested by the legislature: PROVIDED, That any
agency may purchase material, supplies, services, and equipment for which the
agency has notified the purchasing and material control director that it is
more cost-effective for the agency to make the purchase directly from the
vendor: PROVIDED, That primary authority for the purchase of specialized
equipment, instructional, and research material for their own use shall rest
with the colleges, community colleges, and universities: PROVIDED FURTHER,
That universities operating hospitals and the state purchasing and material
control director, as the agent for state hospitals as defined in RCW 72.23.010,
and for health care programs provided in state correctional institutions as
defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW
72.36.010 and 72.36.070, may make purchases for hospital operation by
participating in contracts for materials, supplies, and equipment entered into
by nonprofit cooperative hospital group purchasing organizations: PROVIDED
FURTHER, That primary authority for the purchase of materials, supplies, and
equipment for resale to other than public agencies shall rest with the state
agency concerned: PROVIDED FURTHER, That authority to purchase services as
included herein does not apply to personal services as defined in chapter 39.29
RCW, unless such organization specifically requests assistance from the
division of purchasing in obtaining personal services and resources are
available within the division to provide such assistance: PROVIDED FURTHER,
That the authority for the purchase of insurance and bonds shall rest with the
risk manager under RCW 43.19.1935: PROVIDED FURTHER, That, except for the
authority of the risk manager to purchase insurance and bonds, the director is
not required to provide purchasing services for institutions of higher
education that choose to exercise independent purchasing authority under RCW
28B.10.029: PROVIDED FURTHER, That the authority to purchase interpreter
services and interpreter brokerage services on behalf of limited-English
speaking or sensory-impaired applicants and recipients of public assistance
shall rest with the department of social and health services;
(3)
Have authority to delegate to state agencies authorization to purchase or sell,
which authorization shall specify restrictions as to dollar amount or to
specific types of material, equipment, services, and supplies. Acceptance of
the purchasing authorization by a state agency does not relieve such agency
from conformance with other sections of RCW 43.19.190 through 43.19.1939, or
from policies established by the director. Also, delegation of such
authorization to a state agency, including an educational institution to which
this section applies, to purchase or sell material, equipment, services, and
supplies shall not be granted, or otherwise continued under a previous
authorization, if such agency is not in substantial compliance with overall
state purchasing and material control policies as established herein;
(4)
Contract for the testing of material, supplies, and equipment with public and
private agencies as necessary and advisable to protect the interests of the
state;
(5)
Prescribe the manner of inspecting all deliveries of supplies, materials, and
equipment purchased through the division;
(6)
Prescribe the manner in which supplies, materials, and equipment purchased
through the division shall be delivered, stored, and distributed;
(7)
Provide for the maintenance of a catalogue library, manufacturers' and
wholesalers' lists, and current market information;
(8)
Provide for a commodity classification system and may, in addition, provide for
the adoption of standard specifications;
(9)
Provide for the maintenance of inventory records of supplies, materials, and
other property;
(10)
Prepare rules and regulations governing the relationship and procedures between
the division of purchasing and state agencies and vendors;
(11)
Publish procedures and guidelines for compliance by all state agencies,
including those educational institutions to which this section applies, which
implement overall state purchasing and material control policies;
(12)
Advise state agencies, including educational institutions, regarding compliance
with established purchasing and material control policies under existing
statutes.
