BILL REQ. #:  H-4192.1 

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

     AN ACT Relating to merging the department of printing into the department of general administration; amending RCW 43.19.011, 43.19.180, 43.19.190, 43.78.030, 43.78.040, 43.78.050, 43.78.070, 43.78.080, 43.78.090, 43.78.100, 43.78.105, 43.78.110, and 43.78.170; adding a new section to chapter 43.78 RCW; and repealing RCW 43.78.010, 43.78.020, 43.78.030, 43.78.040, 43.78.050, 43.78.070, 43.78.080, 43.78.090, 43.78.100, 43.78.105, and 43.78.110.

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

Sec. 1   RCW 43.19.011 and 1999 c 229 s 2 are each amended to read as follows:
     (1) The director of general administration shall supervise and administer the activities of the department of general administration and shall advise the governor and the legislature with respect to matters under the jurisdiction of the department.
     (2) In addition to other powers and duties granted to the director, the director shall have the following powers and duties:
     (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter and chapter 43.78 RCW;
     (b) Accept and expend gifts and grants that are related to the purposes of this chapter and chapter 43.78 RCW, whether such grants be of federal or other funds;
     (c) Appoint a deputy director and such assistant directors and special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW;
     (d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this chapter and chapter 43.78 RCW;
     (e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the department; and
     (f) Perform other duties as are necessary and consistent with law.
     (3) The director may establish additional advisory groups as may be necessary to carry out the purposes of this chapter and chapter 43.78 RCW.
     (4) The internal affairs of the department shall be under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.

Sec. 2   RCW 43.19.180 and 2009 c 549 s 5063 are each amended to read as follows:
     The director of general administration shall appoint and deputize an assistant director to be known as the state purchasing and material control director, who shall have charge and supervision of the division of purchasing and the state printing plant. In this capacity he or she shall ensure that overall state purchasing and material control policy is implemented by state agencies, including educational institutions, within established time limits.
     With the approval of the director of general administration, he or she may appoint and employ such assistants and personnel as may be necessary to carry on the work of the division and the state printing plant.

Sec. 3   RCW 43.19.190 and 2002 c 200 s 3 are each amended to read as follows:
     The director of general administration, through the state purchasing and material control director, shall:
     (1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939;
     (2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state: PROVIDED, That the provisions of RCW 43.19.190 through 43.19.1937 do not apply in any manner to the operation of the state legislature except as requested by the legislature: PROVIDED, That any agency may purchase material, supplies, services, and equipment for which the agency has notified the purchasing and material control director that it is more cost-effective for the agency to make the purchase directly from the vendor: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER, That universities operating hospitals and the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations: PROVIDED FURTHER, That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies shall rest with the state agency concerned: PROVIDED FURTHER, That authority to purchase services as included herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests assistance from the division of purchasing in obtaining personal services and resources are available within the division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and bonds shall rest with the risk manager under RCW ((43.19.1935)) 43.41.310: PROVIDED FURTHER, That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under RCW 28B.10.029: PROVIDED FURTHER, That the authority to purchase interpreter services and interpreter brokerage services on behalf of limited-English speaking or sensory-impaired applicants and recipients of public assistance shall rest with the department of social and health services;
     (3) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify restrictions as to dollar amount or to specific types of material, equipment, services, and supplies. Acceptance of the purchasing authorization by a state agency does not relieve such agency from conformance with other sections of RCW 43.19.190 through 43.19.1939, or from policies established by the director. Also, delegation of such authorization to a state agency, including an educational institution to which this section applies, to purchase or sell material, equipment, services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in substantial compliance with overall state purchasing and material control policies as established herein;
     (4) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state;
     (5) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division;
     (6) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed;
     (7) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers' lists, and current market information;
     (8) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications;
     (9) Provide for the maintenance of inventory records of supplies, materials, and other property;
     (10) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors;
     (11) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies;
     (12) Advise state agencies, including educational institutions, regarding compliance with established purchasing and material control policies under existing statutes; and
     (13) Manage the state printing plant.

Sec. 4   RCW 43.78.030 and 1994 c 82 s 1 are each amended to read as follows:
     The ((public printer)) state purchasing and material control director 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)) state purchasing and material control director, develop vendor selection procedures comparable to those used by the ((public printer)) state purchasing and material control director 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 1 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. 5   RCW 43.78.040 and 1965 c 8 s 43.78.040 are each amended to read as follows:
     All printing and binding shall be done under the general superintendence of the authorities ordering it, and when completed shall be delivered to such authorities, who shall sign receipts therefor.
     Before the ((public printer)) state purchasing and material control director shall execute any printing or binding for any office, board, commission, or institution, the proper officer thereof shall apply therefor by requisition.

Sec. 6   RCW 43.78.050 and 1965 c 8 s 43.78.050 are each amended to read as follows:
     Upon delivering a printing or binding job and receiving a receipt therefor the ((public printer)) state purchasing and material control director shall make out, and deliver to the requesting agency an itemized statement of charges.

Sec. 7   RCW 43.78.070 and 2009 c 549 s 5148 are each amended to read as follows:
     The ((public printer)) state purchasing and material control director shall use the state printing plant upon the following conditions, to wit:
     (1) He or she shall do the public printing, and charge therefor the fees as provided by law. He or she 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)) state purchasing and material control director earned from the performance of duties under this chapter shall be deposited in an account designated "state printing plant revolving fund" in depositaries approved by the state treasurer, and shall be disbursed by the ((public printer)) state purchasing and material control director by check and only as follows:
     ((First,)) (a) 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,)) (b) 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)) state purchasing and material control director relating to duties under this chapter;
     ((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,)) (c) 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)) state purchasing and material control director, and the director of financial management shall be retained in the fund for working capital for the ((public printer)) purposes of this chapter.

Sec. 8   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)) state purchasing and material control director.
     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. 9   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)) state purchasing and material control director 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. 10   RCW 43.78.100 and 1993 c 379 s 106 are each amended to read as follows:
     The ((public printer)) state purchasing and material control director 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. 11   RCW 43.78.105 and 1993 c 379 s 105 are each amended to read as follows:
     The ((public printer)) state purchasing and material control director may use the state printing plant for the purposes of printing or furnishing materials under RCW 43.78.100 if an interlocal agreement under chapter 39.34 RCW has been executed between an institution of higher education and the ((public printer)) state purchasing and material control director.

Sec. 12   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 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)) any agency 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)) state purchasing and material control director 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. 13   RCW 43.78.170 and 2009 c 356 s 5 are each amended to read as follows:
     The ((public printer)) state purchasing and material control director shall use one hundred percent recycled copy and printing paper for all jobs printed on white copy and printing paper.

NEW SECTION.  Sec. 14   The following acts or parts of acts 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; and
     (2) RCW 43.78.020 (Bond) and 2009 c 549 s 5147 & 1965 c 8 s 43.78.020.

NEW SECTION.  Sec. 15   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2011:
     (1) RCW 43.78.030 (Duties -- Exceptions) and section 4 of this act, 1994 c 82 s 1, 1993 c 379 s 104, 1988 c 102 s 1, 1987 c 72 s 1, 1982 c 164 s 2, 1971 c 81 s 114, & 1965 c 8 s 43.78.030;
     (2) RCW 43.78.040 (Requisitions) and section 5 of this act & 1965 c 8 s 43.78.040;
     (3) RCW 43.78.050 (Itemized statement of charges) and section 6 of this act & 1965 c 8 s 43.78.050;
     (4) RCW 43.78.070 (Use of state plant -- Conditions -- Public printer's salary) and section 7 of this act, 2009 c 549 s 5148, 1979 c 151 s 134, & 1965 c 8 s 43.78.070;
     (5) RCW 43.78.080 (Printing specifications) and section 8 of this act, 1972 ex.s. c 1 s 1, 1969 c 6 s 7, & 1965 c 8 s 43.78.080;
     (6) RCW 43.78.090 (Reprinting) and section 9 of this act & 1965 c 8 s 43.78.090;
     (7) RCW 43.78.100 (Stock to be furnished) and section 10 of this act, 1993 c 379 s 106 & 1965 c 8 s 43.78.100;
     (8) RCW 43.78.105 (Printing for institutions of higher education--Interlocal agreements) and section 11 of this act & 1993 c 379 s 105; and
     (9) RCW 43.78.110 (Securing printing from private sources--Definitions) and section 12 of this act, 2009 c 486 s 12, 1993 c 379 s 107, 1982 c 164 s 3, 1969 c 79 s 1, & 1965 c 8 s 43.78.110.

NEW SECTION.  Sec. 16   A new section is added to chapter 43.78 RCW to read as follows:
     (1) The public printer is hereby abolished and its powers, duties, and functions are hereby transferred to the department of general administration. All references to the director or the public printer in the Revised Code of Washington shall be construed to mean the director or the department of general administration.
     (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 general administration. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the public printer shall be made available to the department of general administration. All funds, credits, or other assets held by the public printer shall be assigned to the department of general administration.
     (b) Any appropriations made to the public printer shall, on the effective date of this section, be transferred and credited to the department of general administration.
     (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 employees of the public printer are transferred to the jurisdiction of the department of general administration. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the public printer shall be continued and acted upon by the department of general administration. All existing contracts and obligations shall remain in full force and shall be performed by the department of general administration.
     (5) 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.
     (6) 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.
     (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law.