EHB 2969 -
By Committee on Ways & Means
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the current
state printing enterprise approach should be reviewed and modified to
accommodate new technology, changing industry trends, and agency
practices of distributing more information electronically rather than
using paper documents. The legislature intends to facilitate the
public printer's efforts to function more efficiently through the
changes, transfer of duties, and study in this act.
NEW SECTION. Sec. 2 A new section is added to chapter 43.105 RCW
to read as follows:
(1) The department shall broker print management contracts for
state agencies that are required to utilize print management contracts
under this section.
(2) The department is authorized to broker print management
contracts for other state agencies that choose to utilize these
services.
(3) Except as provided under subsection (6) of this section, all
state agencies with total annual average full-time equivalent staff
that exceeds one thousand as determined by the office of financial
management shall utilize print management services brokered by the
department, as follows:
(a) Any agency with a copier and multifunctional device contract
that is set to expire on or before December 31, 2010, may opt to:
(i) Renew the copier and multifunctional device contract; or
(ii) Enter a print management contract;
(b) Any agency with a copier and multifunctional device contract
that is set to expire on or after January 1, 2011, shall begin planning
for the transition to a print management contract six months prior to
the expiration date of the contract. Upon expiration of the copier and
multifunctional device contract, the agency shall utilize a print
management contract; and
(c) Any agency with a copier and multifunctional device contract
that is terminated on or after January 1, 2011, shall enter a print
management contract.
(4) Until December 31, 2016, for each agency transitioning from a
copier and multifunctional device contract to a print management
contract, the print management contract should result in savings in
comparison with the prior copier and multifunctional device contract.
(5) If an agency has more full-time equivalent employees than it
had when it entered its most recently completed print management
contract, the cost of a new print management contract may exceed the
cost of the most recently completed print management contract.
(6) The director of financial management may exempt a state agency,
or a program within a state agency, from the requirements of this
section if the director deems it unfeasible or the department and
agency could not reasonably reach an agreement regarding print
management.
NEW SECTION. Sec. 3 A new section is added to chapter 43.105 RCW
to read as follows:
(1) The department shall consult with the office of financial
management and state agencies to more efficiently manage the use of
envelopes by standardizing them to the extent feasible given the
business needs of state agencies.
(2) All state agencies with total annual average full-time
equivalent staff that exceeds one thousand as determined by the office
of financial management shall cooperate with the department in efforts
to standardize envelopes under subsection (1) of this section. In the
event that an agency is updating a mailing, the agency shall transition
to an envelope recommended by the department, unless the office of
financial management considers the change unfeasible.
(3) State agencies with one thousand total annual average full-time
equivalent staff or less, as determined by the office of financial
management, are encouraged to cooperate with the department to
standardize envelopes under this section.
NEW SECTION. Sec. 4 A new section is added to chapter 43.105 RCW
to read as follows:
For every printing job and binding job ordered by a state agency,
the department shall advise the agency on how to choose more economic
and efficient options to reduce costs.
NEW SECTION. Sec. 5 The department of information services shall
report to the legislature by December 1, 2010, on:
(1) Progress in implementing section 2 of this act and a detailed
analysis of savings to date and potential future savings given
continued implementation efforts;
(2) Progress in standardizing envelopes under section 3 of this
act, especially the reduction in the types of envelopes used and a
detailed analysis of savings to date and potential future savings as
efforts to standardize envelopes continue to be implemented; and
(3) An updated strategic plan for the duties and functions
performed by the public printer prior to July 1, 2010. The plan must
describe changes to the business model to make operations and services
more enterprise focused within the parameters of the public printer's
mission prior to July 1, 2010, and describe pricing practices.
Sec. 6 RCW 43.78.080 and 1972 ex.s. c 1 s 1 are each amended to
read as follows:
All printing, ruling, binding, and other work done or supplies
furnished by the state printing plant for the various state
departments, commissions, institutions, boards, and officers shall be
paid for on an actual cost basis as determined from a standard cost
finding system to be maintained by the state printing plant. In no
event shall the price charged the various state departments,
commissions, institutions, boards, and officers exceed those
established by the ((Porte Publishing Company's)) Franklin Printing
Catalogue for similar and comparable work. All bills for printing,
ruling, binding, and other work done or for supplies furnished by the
state printing plant shall be certified and sworn to by the ((public
printer)) department.
The public printing shall be divided into the following classes:
FIRST CLASS. The bills, resolutions, and other matters that may be
ordered by the legislature, or either branch thereof, in bill form,
shall constitute the first class, and shall be printed in such form as
the legislature shall provide.
SECOND CLASS. The second class shall consist of printing and
binding of journals of the senate and house of representatives, and the
annual and biennial reports of the several state officers, state
commissions, boards, and institutions, with the exception of the
reports of the attorney general and the governor's message to the
legislature, which shall be printed and bound in the same style as
heretofore. Said journals and reports shall be printed in such form as
the senate and house of representatives and the various state officers,
commissions, boards, and institutions shall respectively provide.
THIRD CLASS. The third class shall consist of all reports,
communications, and all other documents that may be ordered printed in
book form by the legislature or either branch thereof, and all reports,
books, pamphlets, and other like matter printed in book form required
by all state officers, boards, commissions, and institutions shall be
printed in such form and style, and set in such size type, and printed
on such grade of paper as may be desired by the state officer, board,
commission, or institution ordering them, and which they think will
best serve the purpose for which intended.
FOURTH CLASS. The fourth class shall consist of the session laws,
and shall be printed and bound in such form as the statute law
committee shall provide.
FIFTH CLASS. The fifth class shall consist of the printing of all
stationery blanks, record books, and circulars, and all printing and
binding required by the respective state officers, boards, commissions,
and institutions not covered by classes one, two, three, and four.
Sec. 7 RCW 43.78.030 and 1994 c 82 s 1 are each amended to read
as follows:
The ((public printer)) department shall print and bind the session
laws, the journals of the two houses of the legislature, all bills,
resolutions, documents, and other printing and binding of either the
senate or house, as the same may be ordered by the legislature; and
such forms, blanks, record books, and printing and binding of every
description as may be ordered by all state officers, boards,
commissions, and institutions, and the supreme court, and the court of
appeals and officers thereof, as the same may be ordered on
requisition, from time to time, by the proper authorities. This
section shall not apply to the printing of the supreme court and the
court of appeals reports, to the printing of bond certificates or bond
offering disclosure documents, to the printing of educational
publications of the state historical societies, or to any printing done
or contracted for by institutions of higher education: PROVIDED, That
institutions of higher education, in consultation with the ((public
printer)) department, develop vendor selection procedures comparable to
those used by the ((public printer)) department for contracted printing
jobs. Where any institution or institution of higher learning of the
state is or may become equipped with facilities for doing such work, it
may do any printing: (1) For itself, or (2) for any other state
institution when such printing is done as part of a course of study
relative to the profession of printer. Any printing and binding of
whatever description as may be needed by any institution or agency of
the state department of social and health services not at Olympia, or
the supreme court or the court of appeals or any officer thereof, the
estimated cost of which shall not exceed one thousand dollars, may be
done by any private printing company in the general vicinity within the
state of Washington so ordering, if in the judgment of the officer of
the agency so ordering, the saving in time and processing justifies the
award to such local private printing concern.
Beginning on July 1, 1989, and on July 1st of each succeeding odd-numbered year, the dollar limit specified in this section shall be
adjusted as follows: The office of financial management shall
calculate such limit by adjusting the previous biennium's limit by an
appropriate federal inflationary index reflecting the rate of inflation
for the previous biennium. Such amounts shall be rounded to the
nearest fifty dollars.
Sec. 8 RCW 43.78.070 and 2009 c 549 s 5148 are each amended to
read as follows:
The ((public printer)) department shall use the state printing
plant upon the following conditions((, to wit)):
(1) ((He or she)) The department shall do the public printing, and
charge ((therefor the)) fees as provided by law. ((He or she)) The
department may print the Washington Reports for the publishers
((thereof)) under a contract ((approved in writing by the governor)).
(2) The ((gross income of the public printer shall be deposited in
an account designated)) director of the department of information
services shall transfer any residual funds remaining in the "state
printing plant revolving fund" ((in depositaries approved by the state
treasurer, and shall be disbursed by the public printer by check and
only as follows:)) to the public printing revolving account established in
section 9 of this act.
First, in payment of the actual cost of labor, material, supplies,
replacements, repairs, water, light, heat, telephone, rent, and all
other expenses necessary in the operation of the plant: PROVIDED, That
no machinery shall be purchased except on written approval of the
governor;
Second, in payment of the cost of reasonable insurance upon the
printing plant, payable to the state and of all fidelity bonds required
by law of the public printer;
Third, in payment to the public printer of a salary which shall be
fixed by the governor in accordance with the provisions of RCW
43.03.040;
Fourth, in remitting the balance to the state treasurer for the
general fund: PROVIDED, That a reasonable sum to be determined by the
governor, the public printer, and the director of financial management
shall be retained in the fund for working capital for the public
printer
NEW SECTION. Sec. 9 A new section is added to chapter 43.105 RCW
to read as follows:
The public printing revolving account is created in the custody of
the state treasurer. All receipts from public printing must be
deposited in the account. Expenditures from the account may be used
only for administrative and operating purposes related to public
printing. Only the director or the director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
Sec. 10 RCW 43.78.090 and 1965 c 8 s 43.78.090 are each amended
to read as follows:
Whenever required by law or by the legislature or by any state
officer, board, commission, or institution the ((public printer))
department shall keep the type used in printing any matter forming a
part of the first, second, third, and fourth classes standing for a
period not exceeding sixty days for use in reprinting such matter.
Sec. 11 RCW 43.78.100 and 1993 c 379 s 106 are each amended to
read as follows:
The ((public printer)) department shall furnish all paper, stock,
and binding materials required in all public work, and shall charge the
same to the state, as it is actually used, at the actual price at which
it was purchased plus five percent for waste, insurance, storage, and
handling. This section does not apply to institutions of higher
education.
Sec. 12 RCW 43.78.105 and 1993 c 379 s 105 are each amended to
read as follows:
The ((public printer)) department may use the state printing plant
for the purposes of printing or furnishing materials under RCW
43.78.100 (as recodified by this act) if an interlocal agreement under
chapter 39.34 RCW has been executed between an institution of higher
education and the ((public printer)) department.
Sec. 13 RCW 43.78.110 and 2009 c 486 s 12 are each amended to
read as follows:
(1) Whenever in the judgment of the ((public printer)) department
certain printing, ruling, binding, or supplies can be secured from
private sources more economically than by doing the work or preparing
the supplies in the state printing plant, the ((public printer))
department may obtain such work or supplies from such private sources.
The solicitation for the contract opportunity must be posted on the
state's common vendor registration and bid notification system. The
((public printer)) department shall develop procurement policies and
procedures, such as unbundled contracting and subcontracting, that
encourage and facilitate the purchase of such services or supplies from
Washington small businesses to the maximum extent practicable and
consistent with international trade agreement commitments.
(2) In event any work or supplies are secured on behalf of the
state under this section the state printing plant shall be entitled to
add up to five percent to the cost ((thereof)) to cover the handling of
the orders which shall be added to the bills and charged to the
respective authorities ordering the work or supplies. The five percent
handling charge shall not apply to contracts with institutions of
higher education.
(3) The definitions in this subsection apply throughout this
section.
(a) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(b) "Small business" has the definition in RCW 39.29.006.
Sec. 14 RCW 43.78.170 and 2009 c 356 s 5 are each amended to read
as follows:
Except as provided in RCW 43.19A.022(3), the ((public printer))
department shall use one hundred percent recycled copy and printing
paper for all jobs printed on white copy and printing paper.
Sec. 15 RCW 43.105.020 and 2009 c 565 s 32, 2009 c 509 s 7, and
2009 c 486 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly ((required [requires])) requires otherwise.
(1) "Administrator" means the community technology opportunity
program administrator designated by the department.
(2) "Backbone network" means the shared high-density portions of
the state's telecommunications transmission facilities. It includes
specially conditioned high-speed communications carrier lines,
multiplexors, switches associated with such communications lines, and
any equipment and software components necessary for management and
control of the backbone network.
(3) "Board" means the information services board.
(4) "Broadband" means a high-speed, high capacity transmission
medium, using land-based, satellite, wireless, or any other mechanism,
that can carry either signals or transmit data, or both, over long
distances by using a wide range of frequencies.
(5) "Committee" means the state interoperability executive
committee.
(6) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(7) "Community technology programs" means programs that are engaged
in diffusing information and communications technology in local
communities, particularly in unserved and underserved areas of the
state. These programs may include, but are not limited to, programs
that provide education and skill-building opportunities, hardware and
software, internet connectivity, digital media literacy, development of
locally relevant content, and delivery of vital services through
technology.
(8) "Copier and multifunctional device contract" means a contract
to lease or purchase copiers and/or multifunctional devices to meet
office printing needs, procured and administered by the department of
general administration, under chapter 43.19 RCW.
(9) "Council" means the advisory council on digital inclusion
created in RCW 43.105.400.
(((9))) (10) "Department" means the department of information
services.
(((10))) (11) "Director" means the director of the department.
(((11))) (12) "Educational sectors" means those institutions of
higher education, school districts, and educational service districts
that use the network for distance education, data transmission, and
other uses permitted by the K-20 board.
(((12))) (13) "Equipment" means the machines, devices, and
transmission facilities used in information processing, such as
computers, word processors, terminals, telephones, wireless
communications system facilities, cables, and any physical facility
necessary for the operation of such equipment.
(((13))) (14) "High-speed internet" means broadband.
(((14))) (15) "Information" includes, but is not limited to, data,
text, voice, and video.
(((15))) (16) "Information processing" means the electronic
capture, collection, storage, manipulation, transmission, retrieval,
and presentation of information in the form of data, text, voice, or
image and includes telecommunications and office automation functions.
(((16))) (17) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems.
(((17))) (18) "Information technology portfolio" or "portfolio"
means a strategic management process documenting relationships between
agency missions and information technology and telecommunications
investments.
(((18))) (19) "K-20 educational network board" or "K-20 board"
means the K-20 educational network board created in RCW 43.105.800.
(((19))) (20) "K-20 network" means the network established in RCW
43.105.820.
(((20))) (21) "K-20 network technical steering committee" or
"committee" means the K-20 network technical steering committee created
in RCW 43.105.810.
(((21))) (22) "Local governments" includes all municipal and quasi
municipal corporations and political subdivisions, and all agencies of
such corporations and subdivisions authorized to contract separately.
(((22))) (23) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of information
technology resources and telecommunications.
(((23))) (24) "Print management contract" means a contract or
agreement with a vendor for the provision of print management services.
The purpose of this type of contract is to reduce the costs of printing
documents and to increase efficiency. Such a contract must include,
but not be limited to:
(a) Agreement that the agency:
(i) Is responsible to pay a monthly fee associated with an agreed
upon number of copies;
(ii) Provides all paper to supply its printer services needs;
(iii) Pays a monthly fee to the vendor for an agreed upon number of
copies; and
(iv) Is not responsible for any payment beyond the monthly fee;
(b) Agreement that the vendor:
(i) Is responsible for all services and supplies associated with
the management of office printing, other than paper, including, but not
limited to:
(A) Providing all related devices, hardware, and software, except
in cases where the contract specifies otherwise;
(B) Installation;
(C) Maintenance;
(D) Removal; and
(E) Replacement; and
(ii) May not assess any additional fee beyond the agreed upon
monthly fee.
(25) "Print management services" means services that provide
management of office printing, which includes providing printer
devices, supplies, consumables, repair services, and support within an
enterprise.
(26) "Proprietary software" means that software offered for sale or
license.
(((24))) (27) "Purchased services" means services provided by a
vendor to accomplish routine, continuing, and necessary functions.
This term includes, but is not limited to, services acquired for
equipment maintenance and repair, operation of a physical plant,
security, computer hardware and software installation and maintenance,
telecommunications installation and maintenance, data entry, keypunch
services, programming services, and computer time-sharing.
(((25))) (28) "Small business" has the definition in RCW 39.29.006.
(((26))) (29) "Telecommunications" means the transmission of
information by wire, radio, optical cable, electromagnetic, or other
means.
(((27))) (30) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting
and/or receiving visual and associated audio information. Video
telecommunications shall not include existing public television
broadcast stations as currently designated by the department of
commerce under chapter 43.330 RCW.
Sec. 16 RCW 43.105.041 and 2009 c 486 s 13 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, and standards
for print management services;
(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. 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, 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. 17 RCW 1.08.039 and 1955 c 235 s 8 are each amended to read
as follows:
The committee may enter into contracts or otherwise arrange for the
publication and/or distribution, provided for in RCW 1.08.038, with or
without calling for bids, by the ((public printer)) department of
information services or by private printer, upon specifications
formulated under the authority of RCW 1.08.037, and upon such basis as
the committee deems to be most expeditious and economical. Any such
contract may be upon such terms as the committee deems to be most
advantageous to the state and to potential purchasers of such
publications. The committee shall fix terms and prices for such
publications.
Sec. 18 RCW 15.24.085 and 2002 c 313 s 121 are each amended to
read as follows:
The restrictive provisions ((of chapter 43.78)) relating to public
printing in chapter 43.105 RCW shall not apply to promotional printing
and literature for the Washington apple commission, the Washington
state fruit commission, or the Washington state dairy products
commission.
Sec. 19 RCW 15.62.190 and 1989 c 5 s 19 are each amended to read
as follows:
The restrictive provisions ((of chapter 43.78)) relating to public
printing in chapter 43.105 RCW shall not apply to promotional printing
and literature for the Washington state honey bee commission.
Sec. 20 RCW 16.67.170 and 1969 c 133 s 16 are each amended to
read as follows:
The restrictive provisions ((of chapter 43.78 RCW, as now or
hereafter amended,)) relating to public printing in chapter 43.105 RCW
shall not apply to promotional printing and literature for the
commission.
Sec. 21 RCW 28A.300.040 and 2009 c 556 s 10 are each amended to
read as follows:
In addition to any other powers and duties as provided by law, the
powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public
schools of the state;
(2) To report to the governor and the legislature such information
and data as may be required for the management and improvement of the
schools;
(3) To prepare and have printed such forms, registers, courses of
study, rules for the government of the common schools, and such other
material and books as may be necessary for the discharge of the duties
of teachers and officials charged with the administration of the laws
relating to the common schools, and to distribute the same to
educational service district superintendents;
(4) To travel, without neglecting his or her other official duties
as superintendent of public instruction, for the purpose of attending
educational meetings or conventions, of visiting schools, and of
consulting educational service district superintendents or other school
officials;
(5) To prepare and from time to time to revise a manual of the
Washington state common school code, copies of which shall be made
available online and which shall be sold at approximate actual cost of
publication and distribution per volume to public and nonpublic
agencies or individuals, said manual to contain Titles 28A and 28C RCW,
rules related to the common schools, and such other matter as the state
superintendent or the state board of education shall determine.
Proceeds of the sale of such code shall be ((transmitted to the public
printer who shall credit the state superintendent's account within))
deposited in the state printing plant revolving fund ((by a like
amount)) and credited to the state superintendent's account within the
fund;
(6) To file all papers, reports and public documents transmitted to
the superintendent by the school officials of the several counties or
districts of the state, each year separately. Copies of all papers
filed in the superintendent's office, and the superintendent's official
acts, may, or upon request, shall be certified by the superintendent
and attested by the superintendent's official seal, and when so
certified shall be evidence of the papers or acts so certified to;
(7) To require annually, on or before the 15th day of August, of
the president, manager, or principal of every educational institution
in this state, a report as required by the superintendent of public
instruction; and it is the duty of every president, manager, or
principal, to complete and return such forms within such time as the
superintendent of public instruction shall direct;
(8) To keep in the superintendent's office a record of all teachers
receiving certificates to teach in the common schools of this state;
(9) To issue certificates as provided by law;
(10) To keep in the superintendent's office at the capital of the
state, all books and papers pertaining to the business of the
superintendent's office, and to keep and preserve in the
superintendent's office a complete record of statistics, as well as a
record of the meetings of the state board of education;
(11) With the assistance of the office of the attorney general, to
decide all points of law which may be submitted to the superintendent
in writing by any educational service district superintendent, or that
may be submitted to the superintendent by any other person, upon appeal
from the decision of any educational service district superintendent;
and the superintendent shall publish his or her rulings and decisions
from time to time for the information of school officials and teachers;
and the superintendent's decision shall be final unless set aside by a
court of competent jurisdiction;
(12) To administer oaths and affirmations in the discharge of the
superintendent's official duties;
(13) To deliver to his or her successor, at the expiration of the
superintendent's term of office, all records, books, maps, documents
and papers of whatever kind belonging to the superintendent's office or
which may have been received by the superintendent's for the use of the
superintendent's office;
(14) To administer family services and programs to promote the
state's policy as provided in RCW 74.14A.025;
(15) To promote the adoption of school-based curricula and policies
that provide quality, daily physical education for all students, and to
encourage policies that provide all students with opportunities for
physical activity outside of formal physical education classes;
(16) To perform such other duties as may be required by law.
Sec. 22 RCW 28B.10.029 and 2004 c 167 s 10 are each amended to
read as follows:
(1) An institution of higher education may exercise independently
those powers otherwise granted to the director of general
administration in chapter 43.19 RCW in connection with the purchase and
disposition of all material, supplies, services, and equipment needed
for the support, maintenance, and use of the respective institution of
higher education. Property disposition policies followed by
institutions of higher education shall be consistent with policies
followed by the department of general administration. Purchasing
policies and procedures followed by institutions of higher education
shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and
RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937,
43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.560
through 43.19.637. The community and technical colleges shall comply
with RCW 43.19.450. Except for the University of Washington,
institutions of higher education shall comply with RCW 43.41.310,
43.41.290, and 43.41.350. If an institution of higher education can
satisfactorily demonstrate to the director of the office of financial
management that the cost of compliance is greater than the value of
benefits from any of the following statutes, then it shall be exempt
from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution
of higher education that chooses to exercise independent purchasing
authority for a commodity or group of commodities shall notify the
director of general administration. Thereafter the director of general
administration shall not be required to provide those services for that
institution for the duration of the general administration contract
term for that commodity or group of commodities.
(2) The council of presidents and the state board for community and
technical colleges shall convene its correctional industries business
development advisory committee, and work collaboratively with
correctional industries, to:
(a) Reaffirm purchasing criteria and ensure that quality, service,
and timely delivery result in the best value for expenditure of state
dollars;
(b) Update the approved list of correctional industries products
from which higher education shall purchase; and
(c) Develop recommendations on ways to continue to build
correctional industries' business with institutions of higher
education.
(3) Higher education and correctional industries shall develop a
plan to build higher education business with correctional industries to
increase higher education purchases of correctional industries
products, based upon the criteria established in subsection (2) of this
section. The plan shall include the correctional industries'
production and sales goals for higher education and an approved list of
products from which higher education institutions shall purchase, based
on the criteria established in subsection (2) of this section. Higher
education and correctional industries shall report to the legislature
regarding the plan and its implementation no later than January 30,
2005.
(4) Institutions of higher education shall set as a target to
contract, beginning not later than June 30, 2006, to purchase one
percent of the total goods and services required by the institutions
each year produced or provided in whole or in part from class II inmate
work programs operated by the department of corrections. Institutions
of higher education shall set as a target to contract, beginning not
later than June 30, 2008, to purchase two percent of the total goods
and services required by the institutions each year produced or
provided in whole or in part from class II inmate work programs
operated by the department of corrections.
(5) An institution of higher education may exercise independently
those powers otherwise granted to the ((public printer)) department of
information services in chapter ((43.78)) 43.105 RCW in connection with
the production or purchase of any printing and binding needed by the
respective institution of higher education. Purchasing policies and
procedures followed by institutions of higher education shall be in
compliance with chapters 39.19 and 43.105 RCW. Any institution of
higher education that chooses to exercise independent printing
production or purchasing authority shall notify the ((public printer))
department of information services. Thereafter the ((public printer))
department of information services shall not be required to provide
those services for that institution.
Sec. 23 RCW 40.04.030 and 1995 c 24 s 1 are each amended to read
as follows:
The ((public printer)) department of information services shall
deliver to the statute law committee all bound volumes of the session
laws. The ((public printer)) department of information services shall
deliver the house and senate journals as they are published to the
chief clerk of the house of representatives and the secretary of the
senate, as appropriate. The publisher of the supreme court reports and
the court of appeals reports of the state of Washington shall deliver
the copies that are purchased by the supreme court for the use of the
state to the state law librarian.
Sec. 24 RCW 40.06.030 and 2006 c 199 s 5 are each amended to read
as follows:
(1) Every state agency shall promptly submit to the state library
copies of published information that are state publications.
(a) For state publications available only in print format, each
state agency shall deposit, at a minimum, two copies of each of its
publications with the state library. For the purposes of broad public
access, state agencies may deposit additional copies with the state
library for distribution to additional depository libraries.
(b) For state publications available only in electronic format,
each state agency shall deposit one copy of each of its publications
with the state library.
(c) For state publications available in both print and electronic
format, each state agency shall deposit two print copies and one
electronic copy of the publication with the state library.
(2) Annually, each state agency shall provide the state library
with a listing of all its publications made available to state
government and the public during the preceding year, including those
published in electronic form. The secretary of state shall, by rule,
establish the annual date by which state agencies must provide the list
of its publications to the state library.
(3) In the interest of economy and efficiency, the state librarian
may specifically or by general rule exempt a given state publication or
class of publications from the requirements of this section in full or
in part.
(4) Upon consent of the issuing state agency, such state
publications as are printed by the ((public printer)) department of
information services shall be delivered directly to the center.
Sec. 25 RCW 40.07.050 and 1986 c 158 s 5 are each amended to read
as follows:
Neither the ((public printer)) department of information services
nor any state agency shall print or authorize for printing any state
publication that has been determined by the director to be inconsistent
with RCW 40.07.030 except to the extent this requirement may conflict
with the laws of the United States or any rules or regulations lawfully
promulgated under those laws. A copy of any state publication printed
without the approval of the director under the exceptions authorized in
this section shall be filed with the director with a letter of
transmittal citing the federal statute, rule, or regulation requiring
the publication.
Sec. 26 RCW 41.06.070 and 2009 c 33 s 36 and 2009 c 5 s 1 are
each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or
position in, the legislative branch of the state government including
members, officers, and employees of the legislative council, joint
legislative audit and review committee, statute law committee, and any
interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of
appeals, judges of the superior courts or of the inferior courts, or to
any employee of, or position in the judicial branch of state
government;
(c) Officers, academic personnel, and employees of technical
colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health
services, the director and the director's confidential secretary; in
all other departments, the executive head of which is an individual
appointed by the governor, the director, his or her confidential
secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee,
whether the members thereof are elected, appointed by the governor or
other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on
a part-time basis and there is a statutory executive officer: The
secretary of the board, commission, or committee; the chief executive
officer of the board, commission, or committee; and the confidential
secretary of the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or committee serve
on a full-time basis: The chief executive officer or administrative
officer as designated by the board, commission, or committee; and a
confidential secretary to the chair of the board, commission, or
committee;
(iv) If all members of the board, commission, or committee serve ex
officio: The chief executive officer; and the confidential secretary
of such chief executive officer;
(i) The confidential secretaries and administrative assistants in
the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of
the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel
resources board;
(m) ((The public printer or to any employees of or positions in the
state printing plant)) Employees in positions in the department of
information services who are engaged in performing the powers,
functions, and duties transferred from the public printer or the state
printing plant to the department of information services pursuant to
section 30 of this act;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington apple commission;
(p) Officers and employees of the Washington state dairy products
commission;
(q) Officers and employees of the Washington tree fruit research
commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of the Washington grain commission;
(t) Officers and employees of any commission formed under chapter
15.66 RCW;
(u) Officers and employees of agricultural commissions formed under
chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants
including but not limited to all departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this
chapter and this subsection shall prevail over any provision of law
inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency
heads, assistant directors or division directors, and not more than
three principal policy assistants who report directly to the agency
head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Staff employed by the department of ((community, trade, and
economic development)) commerce to administer energy policy functions
and manage energy site evaluation council activities under RCW
43.21F.045(2)(m);
(aa) Staff employed by Washington State University to administer
energy education, applied research, and technology transfer programs
under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of
institutions of higher education and related boards are hereby exempted
from coverage of this chapter:
(a) Members of the governing board of each institution of higher
education and related boards, all presidents, vice presidents, and
their confidential secretaries, administrative, and personal
assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed
by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial
or professional employees in an institution or related board having
substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program
results, or for the formulation of institutional policy, or for
carrying out personnel administration or labor relations functions,
legislative relations, public information, development, senior computer
systems and network programming, or internal audits and investigations;
and any employee of a community college district whose place of work is
one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational
program operating outside of the state of Washington;
(b) The governing board of each institution, and related boards,
may also exempt from this chapter classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training as determined by
the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing at the
University of Washington.
(3) In addition to the exemptions specifically provided by this
chapter, the director of personnel may provide for further exemptions
pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the
director of personnel stating the reasons for requesting such
exemptions. The director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection.
If the director determines that the position for which exemption is
requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving
directing and controlling program operations of an agency or a major
administrative division thereof, the director of personnel shall grant
the request and such determination shall be final as to any decision
made before July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees
of institutions of higher education and related boards for those
agencies not directly under the authority of any elected public
official other than the governor, and shall not exceed a total of
twenty-five for all agencies under the authority of elected public
officials other than the governor.
The salary and fringe benefits of all positions presently or
hereafter exempted except for the chief executive officer of each
agency, full-time members of boards and commissions, administrative
assistants and confidential secretaries in the immediate office of an
elected state official, and the personnel listed in subsections (1)(j)
through (v) and (y) and (2) of this section, shall be determined by the
director of personnel. Changes to the classification plan affecting
exempt salaries must meet the same provisions for classified salary
increases resulting from adjustments to the classification plan as
outlined in RCW 41.06.152.
For the twelve months following February 18, 2009, a salary or wage
increase shall not be granted to any position exempt from
classification under this chapter.
Any person holding a classified position subject to the provisions
of this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following rights: If such person previously held permanent status in
another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any classified employee having civil service status in a classified
position who accepts an appointment in an exempt position shall have
the right of reversion to the highest class of position previously
held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the
position for gross misconduct or malfeasance does not have the right of
reversion to a classified position as provided for in this section.
Sec. 27 RCW 43.08.061 and 1993 c 38 s 1 are each amended to read
as follows:
The ((public printer)) department of information services shall
print all state treasury warrants for distribution as directed by the
state treasurer. All warrants redeemed by the state treasurer shall be
retained for a period of one year, following their redemption, after
which they may be destroyed without regard to the requirements imposed
for their destruction by chapter 40.14 RCW.
NEW SECTION. Sec. 28 The following acts or parts of acts, as now
or hereafter amended, are each repealed:
(1) RCW 43.78.010 (Appointment of public printer) and 2009 c 549 s
5146, 1981 c 338 s 6, & 1965 c 8 s 43.78.010;
(2) RCW 43.78.020 (Bond) and 2009 c 549 s 5147 & 1965 c 8 s
43.78.020;
(3) RCW 43.78.040 (Requisitions) and 1965 c 8 s 43.78.040;
(4) RCW 43.78.050 (Itemized statement of charges) and 1965 c 8 s
43.78.050; and
(5) RCW 43.78.080 (Printing specifications) and 1972 ex.s. c 1 s 1,
1969 c 6 s 7, & 1965 c 8 s 43.78.080.
NEW SECTION. Sec. 29 The following sections are each recodified
as sections in chapter 43.105 RCW:
RCW 43.78.030
RCW 43.78.070
RCW 43.78.090
RCW 43.78.100
RCW 43.78.105
RCW 43.78.110
RCW 43.78.130
RCW 43.78.140
RCW 43.78.150
RCW 43.78.160
RCW 43.78.170
NEW SECTION. Sec. 30 (1) The powers, duties, and functions of
the public printer are hereby transferred to the department of
information services. All references to the public printer in the
Revised Code of Washington shall be construed to mean the director or
the department of information services.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the public printer
shall be delivered to the custody of the department of information
services. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the public printer shall be
made available to the department of information services. All funds,
credits, or other assets held by the public printer shall be assigned
to the department of information services.
(b) Any appropriations made to the public printer shall, on the
effective date of this section, be transferred and credited to the
department of information services.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the public printer
shall be continued and acted upon by the department of information
services. All existing contracts and obligations shall remain in full
force and shall be performed by the department of information services.
(4) The transfer of the powers, duties, functions, and personnel of
the public printer shall not affect the validity of any act performed
before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(6) All employees of the public printer engaged in performing the
powers, functions, and duties transferred to the department of
information services, are transferred to the department of information
services.
(a) The commercial agreement between the graphic communications
conference of the international brotherhood of teamsters, local 767M
and the department of printing-bindery that became effective July 1,
2007, shall remain in effect during its duration. Upon expiration of
the commercial agreement, chapter 41.56 RCW shall apply to the
department of information services with respect to employees in
positions formerly covered under the expired commercial agreement.
(b) The commercial agreement between the graphic communications
conference of the international brotherhood of teamsters, local 767M
and the department of printing-litho that became effective July 1,
2007, shall remain in effect during its duration. Upon expiration of
the commercial agreement, chapter 41.56 RCW shall apply to the
department of information services with respect to the employees in
positions formerly covered under the expired commercial agreement.
(c) The typographical contract between the communications workers
of America, the newspaper guild, local 37082, and the department of
printing-typographical that became effective July 1, 2007, shall remain
in effect during its duration. Upon expiration of the typographical
contract, chapter 41.56 RCW shall apply to the department of
information services with respect to the employees in positions
formerly covered under the expired typographical contract.
NEW SECTION. Sec. 31 A new section is added to chapter 41.56 RCW
to read as follows:
(1) The legislature recognizes that, over more than fifty years,
the public printer and representatives of its printing craft employees
have achieved harmonious and cooperative labor relations. In
transferring the powers, duties, and functions of the public printer to
the department of information services, the legislature intends to
maintain the agreements, processes, and relationships critical to
continuing such relations.
(2) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the department of information services with respect
to the printing craft employees in positions in the department who are
engaged in performing the powers, functions, and duties transferred
from the public printer or the state printing plant to the department
pursuant to section 30 of this act.
(3) This chapter governs the collective bargaining relationship
between the department of information services and the printing craft
employees, except as follows:
(a) The department shall be represented by the governor or
governor's designee in collective bargaining.
(b) A bargaining unit of printing craft employees covered by this
chapter existing on the effective date of this section shall be
considered an appropriate unit.
(c) The exclusive bargaining representatives recognized as
representing the bargaining units of printing craft employees covered
by this chapter existing on the effective date of this section shall
continue as the exclusive bargaining representative without the
necessity of an election.
(4) For the purposes of this section, "printing craft employees"
means employees in positions in the department who are engaged in
performing the powers, functions, and duties transferred from the
public printer or the state printing plant to the department pursuant
to section 30 of this act.
NEW SECTION. Sec. 32 Sections 1 through 25 and 27 through 31 of
this act take effect July 1, 2010.
NEW SECTION. Sec. 33 Section 26 of this act takes effect July 1,
2011.
NEW SECTION. Sec. 34 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2010, in the omnibus appropriations act, this act
is null and void."
EHB 2969 -
By Committee on Ways & Means
On page 1, line 2 of the title, after "printer;" strike the remainder of the title and insert "amending RCW 43.78.080, 43.78.030, 43.78.070, 43.78.090, 43.78.100, 43.78.105, 43.78.110, 43.78.170, 43.105.041, 1.08.039, 15.24.085, 15.62.190, 16.67.170, 28A.300.040, 28B.10.029, 40.04.030, 40.06.030, 40.07.050, and 43.08.061; reenacting and amending RCW 43.105.020 and 41.06.070; adding new sections to chapter 43.105 RCW; adding a new section to chapter 41.56 RCW; creating new sections; recodifying RCW 43.78.030, 43.78.070, 43.78.090, 43.78.100, 43.78.105, 43.78.110, 43.78.130, 43.78.140, 43.78.150, 43.78.160, and 43.78.170; repealing RCW 43.78.010, 43.78.020, 43.78.040, 43.78.050, and 43.78.080; and providing effective dates."