Read first time 01/19/10.   Referred to Committee on General Government Appropriations.

     AN ACT Relating to promoting efficiencies in the services provided by the office of the public printer; 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.

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

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:
     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)) to the public printing revolving account established in section 9 of this act.

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 printing devices to meet office printing needs, brokered by the department of general administration, under RCW 43.19.190 and 43.19.1901.
     (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) "Office printers" means any device that allows an individual user to print from a computer through a network connection or independent from a network.
     (24) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications.
     (((23))) (25) "Print management contract" means any contract or agreement with a vendor for the provision of printer 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 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.
     (26) "Printer services" means services that provide office printers and management of printer devices, supplies, consumables, repair services, and support within an enterprise.
     (27) "Proprietary software" means that software offered for sale or license.
     (((24))) (28) "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))) (29) "Small business" has the definition in RCW 39.29.006.
     (((26))) (30) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means.
     (((27))) (31) "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 printer services and office printers;
     (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.