| Passed by the Senate May 25, 2011 YEAS 31 BRAD OWEN ________________________________________ President of the Senate Passed by the House May 25, 2011 YEAS 54 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5931 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved June 15, 2011, 3:25 p.m., with
the exception of Sections 815 and 816
and Sections 901 through 909 which are
vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | June 15, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 05/17/11.
AN ACT Relating to reorganizing and streamlining central service functions, powers, and duties of state government; amending RCW 43.17.010, 43.17.020, 42.17A.705, 42.17.2401, 43.19.011, 43.19.025, 43.19.035, 43.19.125, 43.19.180, 43.19.185, 43.19.190, 43.19.1905, 43.19.19052, 43.19.1906, 43.19.1908, 43.19.1913, 43.19.1915, 43.19.1917, 43.19.1919, 43.19.19191, 43.19.1920, 43.19.19201, 43.19.1921, 43.19.1932, 43.19.200, 43.19.450, 43.19.455, 43.19.500, 43.19.501, 43.19.530, 43.19.534, 43.19.538, 43.19.539, 43.19.560, 43.19.565, 43.19.585, 43.19.600, 43.19.610, 43.19.620, 43.19.635, 43.19.646, 43.19.663, 43.19.685, 43.19.702, 43.19.704, 43.19.708, 43.19.710, 19.27.070, 19.27A.140, 39.34.055, 39.35.030, 39.35C.010, 39.35D.020, 43.19A.010, 43.19A.022, 39.32.035, 43.01.225, 43.82.120, 43.82.125, 43.99H.070, 73.24.020, 1.08.039, 28A.300.040, 28B.10.029, 40.06.030, 43.08.061, 41.06.020, 41.06.076, 41.06.080, 41.06.093, 41.06.110, 41.06.120, 41.06.142, 41.06.152, 41.06.167, 41.06.169, 41.06.170, 41.06.220, 41.06.260, 41.06.270, 41.06.280, 41.06.285, 41.06.350, 41.06.395, 41.06.400, 41.06.410, 41.06.420, 41.06.476, 41.06.490, 41.06.510, 41.06.530, 34.05.030, 41.04.340, 41.04.385, 41.04.395, 41.04.670, 41.04.680, 41.04.685, 41.04.720, 41.04.770, 41.07.020, 41.07.030, 41.60.015, 41.80.005, 41.80.020, 42.16.010, 42.17.370, 43.01.040, 43.01.135, 43.03.028, 43.03.120, 43.03.130, 43.06.013, 43.06.410, 43.06.425, 43.33A.100, 43.130.060, 43.131.090, 48.37.060, 49.46.010, 49.74.020, 49.74.030, 49.90.010, 50.13.060, 28A.345.060, 28A.400.201, 34.12.100, 36.21.011, 41.04.020, 41.04.460, 41.60.050, 41.68.030, 41.68.040, 41.68.050, 47.28.251, 43.41.290, 43.41.300, 43.41.310, 43.41.320, 43.41.330, 43.41.340, 43.41.360, 43.41.370, 43.41.380, 43.41.110, 4.92.006, 4.92.040, 4.92.130, 4.92.150, 4.92.160, 4.92.210, 4.92.270, 4.92.280, 10.92.020, 48.62.021, 48.64.010, 39.29.011, 39.29.016, 39.29.018, 39.29.025, 39.29.055, 39.29.065, 39.29.075, 39.29.090, 39.29.100, 39.29.110, 39.29.120, 43.88.580, 43.105.080, 43.105.320, 43.105.370, 43.105.372, 43.105.374, 43.105.376, 43.105.380, 43.105.382, 43.105.390, 43.105.400, 41.07.030, 43.99I.040, 43.105.835, 43.105.290, 28A.650.015, 40.14.020, 42.17.460, 42.17.467, 42.17.469, 42.17.471, 42.17A.060, 43.88.092, 43.105.410, 43.105.020, 43.105.047, 43.105.052, 43.19.190, 43.105.057, 43.105.060, 19.34.231, 19.34.420, 46.20.157, 2.36.054, 29A.08.760, 43.63A.550, 41.80.020, 43.41.400, 44.48.090, 28A.300.500, 28A.300.507, 28A.655.210, and 28A.657.110; reenacting and amending RCW 41.06.133, 41.06.150, 41.04.665, 42.17A.110, 49.46.010, 39.29.068, 39.94.040, and 41.06.070; adding new sections to chapter 43.19 RCW; adding new sections to chapter 41.06 RCW; adding a new section to chapter 43.09 RCW; adding new sections to chapter 43.41 RCW; adding new sections to chapter 43.330 RCW; adding new sections to chapter 43.105 RCW; adding a new section to chapter 44.48 RCW; adding a new section to chapter 41.80 RCW; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 43.78.130, 43.78.140, 43.78.150, 43.78.160, 43.41.280, 43.41.290, 43.41.300, 43.41.310, 43.41.320, 43.41.330, 43.41.340, 43.41.350, 43.41.360, 43.105.080, 43.105.320, 43.105.410, 43.105.370, 43.105.372, 43.105.374, 43.105.376, 43.105.380, 43.105.382, 43.105.390, 43.105.400, 43.105.052, 43.105.172, 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.290, 43.105.310, and 43.105.835; decodifying RCW 43.19.123, 41.06.136, 43.31.086, 41.80.900, 41.80.901, 41.80.902, 41.80.903, and 41.80.904; repealing RCW 43.19.010, 43.19.1923, 43.19.1925, 43.19.590, 43.19.595, 43.19.615, 43.19.675, 43.19.680, 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, 43.78.110, 43.78.170, 15.24.085, 15.62.190, 16.67.170, 40.04.030, 40.07.050, 41.06.030, 41.06.111, 41.06.130, 41.06.139, 41.06.480, 41.07.900, 43.105.300, 43.105.360, 43.41.405, 43.105.005, 43.105.013, 43.105.019, 43.105.032, 43.105.041, 43.105.095, 43.105.105, 43.105.160, 43.105.170, 43.105.180, 43.105.190, 43.105.200, 43.105.210, 43.105.330, 43.105.805, 43.105.815, and 43.105.820; repealing 2010 c 271 s 301; providing effective dates; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 To maximize the benefits to the public,
state government should be operated in an efficient and effective
manner. The department of enterprise services is created to provide
centralized leadership in efficiently and cost-effectively managing
resources necessary to support the delivery of state government
services. The mission of the department is to implement a world-class,
customer-focused organization that provides valued products and
services to government and state residents.
NEW SECTION. Sec. 102 A new section is added to chapter 43.19
RCW to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of enterprise services.
(2) "Director" means the director of enterprise services.
NEW SECTION. Sec. 103 A new section is added to chapter 43.19
RCW to read as follows:
(1) The department of enterprise services is created as an
executive branch agency. The department is vested with all powers and
duties transferred to it under this act and such other powers and
duties as may be authorized by law.
(2) In addition to the powers and duties as provided in this act,
the department shall:
(a) Provide products and services to support state agencies, and
may enter into agreements with any other governmental entity or a
public benefit nonprofit organization, in compliance with RCW
39.34.055, to furnish such products and services as deemed appropriate
by both parties. The agreement shall provide for the reimbursement to
the department of the reasonable cost of the products and services
furnished. All governmental entities of this state may enter into such
agreements, unless otherwise prohibited; and
(b) Make available to state, local, and federal agencies, local
governments, and public benefit nonprofit corporations on a full cost-recovery basis information and printing services to include equipment
acquisition assistance, including leasing, brokering, and establishing
master contracts. For the purposes of this section "public benefit
nonprofit corporation" means a public benefit nonprofit corporation as
defined in RCW 24.03.005 that is receiving local, state, or federal
funds either directly or through a public agency other than an Indian
tribe or political subdivision of another state.
NEW SECTION. Sec. 104 A new section is added to chapter 43.19
RCW to read as follows:
(1) The executive powers and management of the department shall be
administered as described in this section.
(2) The executive head and appointing authority of the department
is the director. The director is appointed by the governor, subject to
confirmation by the senate. The director serves at the pleasure of the
governor. The director is paid a salary fixed by the governor in
accordance with RCW 43.03.040. If a vacancy occurs in the position of
director while the senate is not in session, the governor shall make a
temporary appointment until the next meeting of the senate at which
time he or she shall present to that body his or her nomination for the
position.
(3) The director may employ staff members, who are exempt from
chapter 41.06 RCW, and any additional staff members as are necessary to
administer this chapter, and such other duties as may be authorized by
law. The director may delegate any power or duty vested in him or her
by this act or other law, including authority to make final decisions
and enter final orders in hearings conducted under chapter 34.05 RCW.
(4) The internal affairs of the department are 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 has
complete charge and supervisory powers over the department. The
director may create the administrative structures as the director deems
appropriate, except as otherwise specified by law, and the director may
employ personnel as may be necessary in accordance with chapter 41.06
RCW, except as otherwise provided by law.
(5) Until June 30, 2018, at the beginning of each fiscal biennium,
the office of financial management shall conduct a review of the
programs and services that are performed by the department to determine
whether the program or service may be performed by the private sector
in a more cost-efficient and effective manner than being performed by
the department. In conducting this review, the office of financial
management shall:
(a) Examine the existing activities currently being performed by
the department, including but not limited to an examination of services
for their performance, staffing, capital requirements, and mission.
Programs may be broken down into discrete services or activities or
reviewed as a whole; and
(b) Examine the activities to determine which specific services are
available in the marketplace and what potential for efficiency gains or
savings exist.
(i) As part of the review in this subsection (5), the office of
financial management shall select up to six activities or services that
have been determined as an activity that may be provided by the private
sector in a cost-effective and efficient manner, including for the
2011-2013 fiscal biennium the bulk printing services. The office of
financial management may consult with affected industry stakeholders in
making its decision on which activities to contract for services.
Priority for selection shall be given to agency activities or services
that are significant, ongoing functions.
(ii) The office of financial management must consider the
consequences and potential mitigation of improper or failed performance
by the contractor.
(iii) For each of the selected activities, the department shall use
a request for information, request for proposal, or other procurement
process to determine if a contract for the activity would result in the
activity being provided at a reduced cost and with greater efficiency.
(iv) The request for information, request for proposal, or other
procurement process must contain measurable standards for the
performance of the contract.
(v) The department may contract with one or more vendors to provide
the service as a result of the procurement process.
(vi) If the office of financial management determines via the
procurement process that the activity cannot be provided by the private
sector at a reduced cost and greater efficiency, the department of
enterprise services may cancel the procurement without entering into a
contract and shall promptly notify the legislative fiscal committees of
such a decision.
(vii) The department of enterprise services, in consultation with
the office of financial management, must establish a contract
monitoring process to measure contract performance, costs, service
delivery quality, and other contract standards, and to cancel contracts
that do not meet those standards. No contracts may be renewed without
a review of these measures.
(viii) The office of financial management shall prepare a biennial
report summarizing the results of the examination of the agency's
programs and services. In addition to the programs and services
examined and the result of the examination, the report shall provide
information on any procurement process that does not result in a
contract for the services. During each regular legislative session
held in odd-numbered years, the legislative fiscal committees shall
hold a public hearing on the report and the department's activities
under this section.
(ix) The joint legislative audit and review committee shall conduct
an audit of the implementation of this subsection (5), and report to
the legislature by January 1, 2018, on the results of the audit. The
report must include an estimate of additional costs or savings to
taxpayers as a result of the contracting out provisions.
NEW SECTION. Sec. 105 (1) The department of enterprise services
has powers and duties related to state contracting as provided in
chapters 43.19 and 39.29 RCW. The process and procedures in each
chapter differ from each other in many respects. In addition, the
process and procedures may not represent the best practices for the
agency or the public.
(2) In order to effect reform and consolidation of procurement
practices, the department shall review current state procurement
practices, not including public works, and provide a report to the
governor with procurement reform recommendations. The department
should review national best practices and the procedures used in other
states and by the federal government. The department may also review
private sector procedures and model codes such as the American bar
association model procurement code. The department shall seek input
from stakeholders and interested parties. The department shall submit
a report to the governor and the office of financial management by
December 31, 2011. The report shall include any draft legislation
needed to accomplish the report's recommendations.
NEW SECTION. Sec. 106 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, this chapter
does not apply in the department of enterprise services to the
director, the director's confidential secretary, deputy and assistant
directors, and any other exempt staff members provided for in section
104 of this act.
Sec. 107 RCW 43.17.010 and 2009 c 565 s 25 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of ((general administration)) enterprise services,
(9) the department of commerce, (10) the department of veterans
affairs, (11) the department of revenue, (12) the department of
retirement systems, (13) the department of corrections, (14) the
department of health, (15) the department of financial institutions,
(16) the department of archaeology and historic preservation, (17) the
department of early learning, and (18) the Puget Sound partnership,
which shall be charged with the execution, enforcement, and
administration of such laws, and invested with such powers and required
to perform such duties, as the legislature may provide.
Sec. 108 RCW 43.17.020 and 2009 c 565 s 26 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of ((general administration)) enterprise services, (9) the
director of commerce, (10) the director of veterans affairs, (11) the
director of revenue, (12) the director of retirement systems, (13) the
secretary of corrections, (14) the secretary of health, (15) the
director of financial institutions, (16) the director of the department
of archaeology and historic preservation, (17) the director of early
learning, and (18) the executive director of the Puget Sound
partnership.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 109 RCW 42.17A.705 and 2010 c 204 s 902 are each amended to
read as follows:
For the purposes of RCW 42.17A.700, "executive state officer"
includes:
(1) The chief administrative law judge, the director of
agriculture, the director of the department of services for the blind,
the chief information officer of the office of chief information
officer, the director of the state system of community and technical
colleges, the director of commerce, the director of the consolidated
technology services agency, the secretary of corrections, the director
of early learning, the director of ecology, the commissioner of
employment security, the chair of the energy facility site evaluation
council, the director of enterprise services, the secretary of the
state finance committee, the director of financial management, the
director of fish and wildlife, the executive secretary of the forest
practices appeals board, the director of the gambling commission, ((the
director of general administration,)) the secretary of health, the
administrator of the Washington state health care authority, the
executive secretary of the health care facilities authority, the
executive secretary of the higher education facilities authority, the
executive secretary of the horse racing commission, the human resources
director, the executive secretary of the human rights commission, the
executive secretary of the indeterminate sentence review board, ((the
director of the department of information services,)) the executive
director of the state investment board, the director of labor and
industries, the director of licensing, the director of the lottery
commission, the director of the office of minority and women's business
enterprises, the director of parks and recreation, ((the director of
personnel,)) the executive director of the public disclosure
commission, the executive director of the Puget Sound partnership, the
director of the recreation and conservation office, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, Eastern Washington
University board of trustees, Washington economic development finance
authority, Washington energy northwest executive board, The Evergreen
State College board of trustees, executive ethics board, fish and
wildlife commission, forest practices appeals board, forest practices
board, gambling commission, Washington health care facilities
authority, higher education coordinating board, higher education
facilities authority, horse racing commission, state housing finance
commission, human rights commission, indeterminate sentence review
board, board of industrial insurance appeals, ((information services
board,)) state investment board, commission on judicial conduct,
legislative ethics board, life sciences discovery fund authority board
of trustees, liquor control board, lottery commission, Pacific
Northwest
electric power and conservation planning council, parks and
recreation commission, Washington personnel resources board, board of
pilotage commissioners, pollution control hearings board, public
disclosure commission, public employees' benefits board, recreation and
conservation funding board, salmon recovery funding board, shorelines
hearings board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington State University board of regents, and Western
Washington University board of trustees.
Sec. 110 RCW 42.17.2401 and 2009 c 565 s 24 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the chief
information officer of the office of chief information officer, the
director of the state system of community and technical colleges, the
director of commerce, the director of the consolidated technology
services agency, the secretary of corrections, the director of early
learning, the director of ecology, the commissioner of employment
security, the chair of the energy facility site evaluation council, the
secretary of the state finance committee, the director of financial
management, the director of fish and wildlife, the executive secretary
of the forest practices appeals board, the director of the gambling
commission, the director of ((general administration)) enterprise
services, the secretary of health, the administrator of the Washington
state health care authority, the executive secretary of the health care
facilities authority, the executive secretary of the higher education
facilities authority, the executive secretary of the horse racing
commission, the human resources director, the executive secretary of
the human rights commission, the executive secretary of the
indeterminate sentence review board, ((the director of the department
of information services,)) the executive director of the state
investment board, the director of labor and industries, the director of
licensing, the director of the lottery commission, the director of the
office of minority and women's business enterprises, the director of
parks and recreation, ((the director of personnel,)) the executive
director of the public disclosure commission, the executive director of
the Puget Sound partnership, the director of the recreation and
conservation office, the director of retirement systems, the director
of revenue, the secretary of social and health services, the chief of
the Washington state patrol, the executive secretary of the board of
tax appeals, the secretary of transportation, the secretary of the
utilities and transportation commission, the director of veterans
affairs, the president of each of the regional and state universities
and the president of The Evergreen State College, and each district and
each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, committee for deferred
compensation, Eastern Washington University board of trustees,
Washington economic development finance authority, The Evergreen State
College board of trustees, executive ethics board, forest practices
appeals board, forest practices board, gambling commission, life
sciences discovery fund authority board of trustees, Washington health
care facilities authority, each member of the Washington health
services commission, higher education coordinating board, higher
education facilities authority, horse racing commission, state housing
finance commission, human rights commission, indeterminate sentence
review board, board of industrial insurance appeals, ((information
services board,)) recreation and conservation funding board, state
investment board, commission on judicial conduct, legislative ethics
board, liquor control board, lottery commission, marine oversight
board, Pacific Northwest electric power and conservation planning
council, parks and recreation commission, board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearings board,
public employees' benefits board, salmon recovery funding board, board
of tax appeals, transportation commission, University of Washington
board of regents, utilities and transportation commission, Washington
state maritime commission, Washington personnel resources board,
Washington public power supply system executive board, Washington State
University board of regents, Western Washington University board of
trustees, and fish and wildlife commission.
NEW SECTION. Sec. 111 Section 109 of this act takes effect
January 1, 2012.
NEW SECTION. Sec. 112 Section 110 of this act expires January 1,
2012.
Sec. 201 RCW 43.19.011 and 1999 c 229 s 2 are each amended to
read as follows:
(1) The director of ((general administration)) enterprise services
shall supervise and administer the activities of the department of
((general administration)) enterprise services 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;
(b) Accept and expend gifts and grants that are related to the
purposes of this chapter, whether such grants be of federal or other
funds;
(c) Appoint ((a)) deputy ((director)) and ((such)) assistant
directors and such other 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;
(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) Apply for grants from public and private entities, and receive
and administer any grant funding received for the purpose and intent of
this chapter; and
(g) 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.
(((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. 202 RCW 43.19.025 and 2002 c 332 s 3 are each amended to
read as follows:
The ((general administration)) enterprise services account is
created in the custody of the state treasurer and shall be used for all
activities previously budgeted and accounted for in the following
internal service funds: The motor transport account, the ((general
administration)) enterprise services management fund, the ((general
administration)) enterprise services facilities and services revolving
fund, the central stores revolving fund, the surplus property purchase
revolving fund, and the energy efficiency services account. Only the
director or the director's designee may authorize expenditures from the
account. The account is subject to the allotment procedures under
chapter 43.88 RCW.
Sec. 203 RCW 43.19.035 and 2005 c 16 s 1 are each amended to read
as follows:
(1) The commemorative works account is created in the custody of
the state treasurer and shall be used by the department of ((general
administration)) enterprise services for the ongoing care, maintenance,
and repair of commemorative works on the state capitol grounds. Only
the director or the director's designee may authorize expenditures from
the account. The account is subject to the allotment procedures under
chapter 43.88 RCW, but an appropriation is not necessary for
expenditures.
(2) For purposes of this section, "state capitol grounds" means
buildings and land owned by the state and otherwise designated as state
capitol grounds, including the west capitol campus, the east capitol
campus, the north capitol campus, the Tumwater campus, the Lacey
campus, Sylvester Park, Centennial Park, the Old Capitol Building, and
Capitol Lake.
Sec. 204 RCW 43.19.125 and 2007 c 520 s 6014 are each amended to
read as follows:
(1) The director of ((general administration, through the division
of capitol buildings,)) enterprise services shall have custody and
control of the capitol buildings and grounds, supervise and direct
proper care, heating, lighting and repairing thereof, and designate
rooms in the capitol buildings to be occupied by various state
officials.
(2) During the 2007-2009 biennium, responsibility for development
of the "Wheeler block" on the capitol campus as authorized in section
6013, chapter 520, Laws of 2007 shall be transferred from the
department of general administration to the department of information
services. ((The department of general administration and the
department of information services shall develop a joint operating
agreement for the new facilities on the "Wheeler block" and provide
copies of that agreement to the appropriate committees of the
legislature by December 30, 2008.))
(3) During the 2007-2009 biennium, responsibility for development
of the Pritchard building rehabilitation on the capitol campus as
authorized in section 1090, chapter 520, Laws of 2007 shall be
transferred from the department of general administration to the
statute law committee.
Sec. 205 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. In this capacity he or she)) enterprise services 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.))
Sec. 206 RCW 43.19.185 and 1987 c 47 s 1 are each amended to read
as follows:
(1) The director ((of general administration through the state
purchasing and material control director)) shall develop a system for
state agencies and departments to use credit cards or similar devices
to make purchases. The director may contract to administer the credit
cards.
(2) The director ((of general administration through the state
purchasing and material control director)) shall adopt rules for:
(a) The distribution of the credit cards;
(b) The authorization and control of the use of the credit cards;
(c) The credit limits available on the credit cards;
(d) Instructing users of gasoline credit cards to use self-service
islands whenever possible;
(e) Payments of the bills; and
(f) Any other rule necessary to implement or administer the program
under this section.
Sec. 207 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))
Develop rules and standards governing the acquisition and disposition
of goods and services;
(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)) Enter into contracts on behalf of the state to
carry out the following: To purchase, lease, rent or otherwise
acquire, dispose of, and maintain assets, licenses, purchased goods and
services, client services, and personal 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 assets, licenses, purchased goods and
services, client services, and personal services. Agencies and
institutions of state government are expressly prohibited from
acquiring or disposing of such assets, licenses, purchased services,
and personal services without such delegation of authority: 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)) department of enterprise services in obtaining personal
services and resources are available within the ((division)) department
to provide such assistance: ((PROVIDED FURTHER, That the authority for
the purchase of insurance and bonds shall rest with the risk manager
under RCW 43.19.1935:)) PROVIDED FURTHER, That, except for the
authority of the risk manager to purchase insurance and bonds, the
director is not required to provide purchasing services for
institutions of higher education that choose to exercise independent
purchasing authority under RCW 28B.10.029: PROVIDED FURTHER, That the
authority to purchase interpreter services and interpreter brokerage
services on behalf of limited-English speaking or sensory-impaired
applicants and recipients of public assistance shall rest with the
department of social and health services in consultation with the
department;
(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))
Develop statewide or interagency procurement policies, standards, and
procedures;
(6) ((Prescribe the manner in which supplies, materials, and
equipment purchased through the division shall be delivered, stored,
and
distributed)) Provide direction concerning strategic planning goals
and objectives related to state purchasing and contracts activities.
The director shall seek input from the legislature and the judiciary;
(7) ((Provide for the maintenance of a catalogue library,
manufacturers' and wholesalers' lists, and current market information))
Develop and implement a process for the resolution of appeals by:
(a) Vendors concerning the conduct of an acquisition process by an
agency or the department; or
(b) A customer agency concerning the provision of services by the
department or by other state providers;
(8) Establish policies for the periodic review by the department of
agency performance which may include but are not limited to analysis
of:
(a) Planning, management, purchasing control, and use of purchased
services and personal services;
(b) Training and education; and
(c) Project management;
(((8))) (9) 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)) department 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.
Sec. 208 RCW 43.19.1905 and 2009 c 486 s 10 are each amended to
read as follows:
(1) The director of ((general administration)) enterprise services
shall establish overall state policy for compliance by all state
agencies, including educational institutions, regarding the following
purchasing and material control functions:
(a) Development of a state commodity coding system((, including
common stock numbers for items maintained in stores for reissue;));
(b) Determination where consolidations, closures, or additions of
stores operated by state agencies and educational institutions should
be initiated;
(c) Institution of standard criteria for determination of when and
where an item in the state supply system should be stocked;
(d) Establishment of stock levels to be maintained in state stores,
and formulation of standards for replenishment of stock;
(e) Formulation of an overall distribution and redistribution
system for stock items which establishes sources of supply support for
all agencies, including interagency supply support;
(f) Determination of what function data processing equipment,
including remote terminals, shall perform in statewide purchasing and
material control for improvement of service and promotion of economy;
(g) Standardization of records and forms used statewide for supply
system activities involving purchasing, receiving, inspecting, storing,
requisitioning, and issuing functions, including a
(b) A standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of
the goods as available through the ((division of purchasing))
department, the price of the goods as available from the alternative
source, the total savings, and the signature of the notifying agency's
director or the director's designee;
(((h))) (c) Screening of supplies, material, and equipment excess
to the requirements of one agency for overall state need before sale as
surplus;
(((i) Establishment of warehouse operation and storage standards to
achieve uniform, effective, and economical stores operations;))
(j) Establishment of time limit standards for the issuing of
material in store and for processing requisitions requiring purchase;
(k) Formulation of criteria for
(d) Determining when centralized rather than decentralized
purchasing shall be used to obtain maximum benefit of volume buying of
identical or similar items, including procurement from federal supply
sources;
(((l))) (e) Development of criteria for use of leased, rather than
state owned, warehouse space based on relative cost and accessibility;
(((m) Institution of standard criteria for purchase and placement
of state furnished materials, carpeting, furniture, fixtures, and
nonfixed equipment, in newly constructed or renovated state buildings;)) (f) Determination of how transportation costs incurred by the
state for materials, supplies, services, and equipment can be reduced
by improved freight and traffic coordination and control;
(n)
(((o))) (g) Establishment of a formal certification program for
state employees who are authorized to perform purchasing functions as
agents for the state under the provisions of chapter 43.19 RCW;
(((p))) (h) Development of performance measures for the reduction
of total overall expense for material, supplies, equipment, and
services used each biennium by the state;
(((q))) (i) Establishment of a standard system for all state
organizations to record and report dollar savings and cost avoidance
which are attributable to the establishment and implementation of
improved purchasing and material control procedures;
(((r))) (j) Development of procedures for mutual and voluntary
cooperation between state agencies, including educational institutions,
and political subdivisions for exchange of purchasing and material
control services;
(((s))) (k) Resolution of all other purchasing and material matters
which require the establishment of overall statewide policy for
effective and economical supply management;
(((t))) (l) Development of guidelines and criteria for the purchase
of vehicles, high gas mileage vehicles, alternate vehicle fuels and
systems, equipment, and materials that reduce overall energy-related
costs and energy use by the state, including investigations into all
opportunities to aggregate the purchasing of clean technologies by
state and local governments, and including the requirement that new
passenger vehicles purchased by the state meet the minimum standards
for passenger automobile fuel economy established by the United States
secretary of transportation pursuant to the energy policy and
conservation act (15 U.S.C. Sec. 2002);
(((u))) (m) Development of goals for state use of recycled or
environmentally preferable products through specifications for products
and services, processes for requests for proposals and requests for
qualifications, contractor selection, and contract negotiations;
(((v))) (n) Development of 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;
(((w))) (o) Development of food procurement procedures and
materials that encourage and facilitate the purchase of Washington
grown food by state agencies and institutions to the maximum extent
practicable and consistent with international trade agreement
commitments; and
(((x))) (p) Development of policies requiring all food contracts to
include a plan to maximize to the extent practicable and consistent
with international trade agreement commitments the availability of
Washington grown food purchased through the contract.
(2) ((The department of general administration shall convene a
working group including representatives of the office of financial
management, the department of information services, and the state
printer. The purpose of the working group is to work collaboratively
to develop common policies and procedures that encourage and facilitate
state government purchases from Washington small businesses, as
required in subsection (1)(v) of this section, and in RCW 39.29.065,
43.78.110, and 43.105.041(1)(j). By December 1, 2009, these central
services agencies shall jointly provide a written progress report to
the governor and legislature on actions taken and planned, barriers
identified, and solutions recommended to reach this goal.)) The definitions in this subsection apply throughout this
section and RCW 43.19.1908.
(3)
(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.
(c) "Washington grown" has the definition in RCW 15.64.060.
Sec. 209 RCW 43.19.19052 and 1998 c 245 s 54 are each amended to
read as follows:
Initial policy determinations for the functions described in RCW
43.19.1905 shall be developed and published within the 1975-77 biennium
by the director for guidance and compliance by all state agencies,
including educational institutions, involved in purchasing and material
control. Modifications to these initial supply management policies
established during the 1975-77 biennium shall be instituted by the
director in future biennia as required to maintain an efficient and up-to-date state supply management system.
It is the intention of the legislature that measurable improvements
in the effectiveness and economy of supply management in state
government shall be achieved during the 1975-77 biennium, and each
biennium thereafter. All agencies, departments, offices, divisions,
boards, and commissions and educational, correctional, and other types
of institutions are required to cooperate with and support the
development and implementation of improved efficiency and economy in
purchasing and material control. To effectuate this legislative
intention, the director((, through the state purchasing and material
control director, shall have)) has the authority to direct and require
the submittal of data from all state organizations concerning
purchasing and material control matters.
Sec. 210 RCW 43.19.1906 and 2008 c 215 s 5 are each amended to
read as follows:
Insofar as practicable, all purchases and sales shall be based on
competitive bids, and a formal sealed, electronic, or web-based bid
procedure, subject to RCW 43.19.1911, shall be used as standard
procedure for all purchases and contracts for purchases and sales
executed by the ((state purchasing and material control)) director and
under the powers granted by RCW 43.19.190 through 43.19.1939. This
requirement also applies to purchases and contracts for purchases and
sales executed by agencies, including educational institutions, under
delegated authority granted in accordance with provisions of RCW
43.19.190 or under RCW 28B.10.029. However, formal sealed, electronic,
or web-based competitive bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the
sealed bidding procedure would prevent or hinder the emergency from
being met appropriately;
(2) ((Purchases not exceeding thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial management:
PROVIDED, That the state director of general administration shall
establish procedures to assure that purchases made by or on behalf of
the various state agencies shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as
calculated by the office of financial management: PROVIDED FURTHER,
That the state purchasing and material control director is authorized
to reduce the formal sealed bid limits of thirty-five thousand dollars,
or subsequent limits as calculated by the office of financial
management, to a lower dollar amount for purchases by individual state
agencies if considered necessary to maintain full disclosure of
competitive procurement or otherwise to achieve overall state
efficiency and economy in purchasing and material control. Quotations
from three thousand dollars to thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial management,
shall be secured from at least three vendors to assure establishment of
a competitive price and may be obtained by telephone or written
quotations, or both. The agency shall invite at least one quotation
each from a certified minority and a certified women-owned vendor who
shall otherwise qualify to perform such work. Immediately after the
award is made, the bid quotations obtained shall be recorded and open
to public inspection and shall be available by telephone inquiry. A
record of competition for all such purchases from three thousand
dollars to thirty-five thousand dollars, or subsequent limits as
calculated by the office of financial management, shall be documented
for audit purposes. Purchases up to three thousand dollars may be made
without competitive bids based on buyer experience and knowledge of the
market in achieving maximum quality at minimum cost)) Direct buy
purchases and informal competitive bidding, as designated by the
director of enterprise services. The director of enterprise services
shall establish policies annually to define criteria and dollar
thresholds for direct buy purchases and informal competitive bidding
limits. These criteria may be adjusted to accommodate special market
conditions and to promote market diversity for the benefit of the
citizens of the state of Washington;
(3) Purchases which are clearly and legitimately limited to a
single source of supply and purchases involving special facilities,
services, or market conditions, in which instances the purchase price
may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management
((division)) office under RCW 43.41.310 (as recodified by this act);
(5) Purchases and contracts for vocational rehabilitation clients
of the department of social and health services: PROVIDED, That this
exemption is effective only when the ((state purchasing and material
control)) director of enterprise services, after consultation with the
director of the division of vocational rehabilitation and appropriate
department of social and health services procurement personnel,
declares that such purchases may be best executed through direct
negotiation with one or more suppliers in order to expeditiously meet
the special needs of the state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical
teaching or research purposes and by the ((state purchasing and
material control)) director of enterprise services, 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, made by participating in contracts for materials, supplies,
and equipment entered into by nonprofit cooperative hospital group
purchasing organizations;
(7) Purchases for resale by institutions of higher education to
other than public agencies when such purchases are for the express
purpose of supporting instructional programs and may best be executed
through direct negotiation with one or more suppliers in order to meet
the special needs of the institution;
(8) Purchases by institutions of higher education ((not exceeding
thirty-five thousand dollars: PROVIDED, That for purchases between
three thousand dollars and thirty-five thousand dollars quotations
shall be secured from at least three vendors to assure establishment of
a competitive price and may be obtained by telephone or written
quotations, or both. For purchases between three thousand dollars and
thirty-five thousand dollars, each institution of higher education
shall invite at least one quotation each from a certified minority and
a certified women-owned vendor who shall otherwise qualify to perform
such work. A record of competition for all such purchases made from
three thousand to thirty-five thousand dollars shall be documented for
audit purposes)) under RCW 43.19.190(2), direct buy purchases, and
informal competitive bidding, as designated by the director of
enterprise services; and
(9) Off-contract purchases of Washington grown food when such food
is not available from Washington sources through an existing contract.
However, Washington grown food purchased under this subsection must be
of an equivalent or better quality than similar food available through
the contract and be able to be paid from the agency's existing budget.
This requirement also applies to purchases and contracts for purchases
executed by state agencies, including institutions of higher education,
under delegated authority granted in accordance with RCW 43.19.190 or
under RCW 28B.10.029((; and)).
(10) Negotiation of a contract by the department of transportation,
valid until June 30, 2001, with registered tow truck operators to
provide roving service patrols in one or more Washington state patrol
tow zones whereby those registered tow truck operators wishing to
participate would cooperatively, with the department of transportation,
develop a demonstration project upon terms and conditions negotiated by
the parties
Beginning on July 1, 1995, and on July 1st of each succeeding odd-numbered year, the dollar limits specified in this section shall be
adjusted as follows: The office of financial management shall
calculate such limits by adjusting the previous biennium's limits by
the appropriate federal inflationary index reflecting the rate of
inflation for the previous biennium. Such amounts shall be rounded to
the nearest one hundred dollars. ((However, the three thousand dollar
figure in subsections (2) and (8) of this section may not be adjusted
to exceed five thousand dollars.))
As used in this section, "Washington grown" has the definition in
RCW 15.64.060.
Sec. 211 RCW 43.19.1908 and 2009 c 486 s 11 are each amended to
read as follows:
Competitive bidding required by RCW 43.19.190 through 43.19.1939
shall be solicited by public notice, by posting of the contract
opportunity on the state's common vendor registration and bid
notification system, and through the sending of notices by mail,
electronic transmission, or other means to bidders on the appropriate
list of bidders who shall have qualified by application to the
((division of purchasing)) department. Bids may be solicited by the
((purchasing division)) department from any source thought to be of
advantage to the state. All bids shall be in written or electronic
form and conform to rules of the ((division of purchasing)) department.
Sec. 212 RCW 43.19.1913 and 1965 c 8 s 43.19.1913 are each
amended to read as follows:
The ((division of purchasing)) department may reject the bid of any
bidder who has failed to perform satisfactorily a previous contract
with the state.
Sec. 213 RCW 43.19.1915 and 2009 c 549 s 5064 are each amended to
read as follows:
When any bid has been accepted, the ((division of purchasing))
department may require of the successful bidder a bond payable to the
state in such amount with such surety or sureties as determined by the
((division of purchasing)) department, conditioned that he or she will
fully, faithfully and accurately execute the terms of the contract into
which he or she has entered. The bond shall be filed in the ((office
of the division of purchasing)) department. Bidders who regularly do
business with the state shall be permitted to file with the ((division
of purchasing)) department an annual bid bond in an amount established
by the ((division)) department and such annual bid bond shall be
acceptable as surety in lieu of furnishing surety with individual bids.
Sec. 214 RCW 43.19.1917 and 1979 c 88 s 3 are each amended to
read as follows:
All state agencies, including educational institutions, shall
maintain a perpetual record of ownership of state owned equipment,
which shall be available for the inspection and check of those officers
who are charged by law with the responsibility for auditing the records
and accounts of the state organizations owning the equipment, or to
such other special investigators and others as the governor may direct.
In addition, these records shall be made available to members of the
legislature, the legislative committees, and legislative staff on
request.
All state agencies, including educational institutions, shall
account to the office of financial management upon request for state
equipment owned by, assigned to, or otherwise possessed by them and
maintain such records as the office of financial management deems
necessary for proper accountability therefor. The office of financial
management shall publish a procedural directive for compliance by all
state agencies, including educational institutions, which establishes
a standard method of maintaining records for state owned equipment,
including the use of standard state forms. This published directive
also shall include instructions for reporting to the ((division of
purchasing)) department all state equipment which is excess to the
needs of state organizations owning such equipment. The term "state
equipment" means all items of machines, tools, furniture, or
furnishings other than expendable supplies and materials as defined by
the office of financial management.
Sec. 215 RCW 43.19.1919 and 2000 c 183 s 1 are each amended to
read as follows:
The ((division of purchasing)) department shall sell or exchange
personal property belonging to the state for which the agency, office,
department, or educational institution having custody thereof has no
further use, at public or private sale, and cause the moneys realized
from the sale of any such property to be paid into the fund from which
such property was purchased or, if such fund no longer exists, into the
state general fund. This requirement is subject to the following
exceptions and limitations:
(1) This section does not apply to property under RCW 27.53.045,
28A.335.180, or 43.19.1920;
(2) Sales of capital assets may be made by the ((division of
purchasing)) department and a credit established ((in central stores))
for future purchases of capital items as provided for in RCW 43.19.190
through 43.19.1939;
(3) Personal property, excess to a state agency, including
educational institutions, shall not be sold or disposed of prior to
reasonable efforts by the ((division of purchasing)) department to
determine if other state agencies have a requirement for such personal
property. Such determination shall follow sufficient notice to all
state agencies to allow adequate time for them to make their needs
known. Surplus items may be disposed of without prior notification to
state agencies if it is determined by the director ((of general
administration)) to be in the best interest of the state. The
((division of purchasing)) department shall maintain a record of
disposed surplus property, including date and method of disposal,
identity of any recipient, and approximate value of the property;
(4) This section does not apply to personal property acquired by a
state organization under federal grants and contracts if in conflict
with special title provisions contained in such grants or contracts;
(5) A state agency having a surplus personal property asset with a
fair market value of less than five hundred dollars may transfer the
asset to another state agency without charging fair market value. A
state agency conducting this action must maintain adequate records to
comply with agency inventory procedures and state audit requirements.
Sec. 216 RCW 43.19.19191 and 1999 c 186 s 1 are each amended to
read as follows:
(1) In addition to disposing of property under RCW 28A.335.180,
39.33.010, 43.19.1919, and 43.19.1920, state-owned, surplus computers
and computer-related equipment may be donated to any school district or
educational service district under the guidelines and distribution
standards established pursuant to subsection (2) of this section.
(2) ((By September 1, 1999,)) The department and office of the
superintendent of public instruction shall jointly develop guidelines
and distribution standards for the donation of state-owned, surplus
computers and computer-related equipment to school districts and
educational service districts. The guidelines and distribution
standards shall include considerations for quality, school-district
needs, and accountability, and shall give priority to meeting the
computer-related needs of children with disabilities, including those
disabilities necessitating the portability of laptop computers. The
guidelines must be updated as needed.
Sec. 217 RCW 43.19.1920 and 1995 c 399 s 63 are each amended to
read as follows:
The ((division of purchasing)) department may donate state-owned,
surplus, tangible personal property to shelters that are: Participants
in the department of ((community, trade, and economic development's))
commerce's emergency shelter assistance program; and operated by
nonprofit organizations or units of local government providing
emergency
or transitional housing for homeless persons. A donation may
be made only if all of the following conditions have been met:
(1) The ((division of purchasing)) department has made reasonable
efforts to determine if any state agency has a requirement for such
personal property and no such agency has been identified. Such
determination shall follow sufficient notice to all state agencies to
allow adequate time for them to make their needs known;
(2) The agency owning the property has authorized the ((division of
purchasing)) department to donate the property in accordance with this
section;
(3) The nature and quantity of the property in question is directly
germane to the needs of the homeless persons served by the shelter and
the purpose for which the shelter exists and the shelter agrees to use
the property for such needs and purposes; and
(4) The director ((of general administration)) has determined that
the donation of such property is in the best interest of the state.
Sec. 218 RCW 43.19.19201 and 1995 c 399 s 64 are each amended to
read as follows:
(1) The department ((of general administration)) shall identify and
catalog real property that is no longer required for department
purposes and is suitable for the development of affordable housing for
very low-income, low-income, and moderate-income households as defined
in RCW 43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the property.
The department ((of general administration)) shall provide a copy of
the inventory to the department of ((community, trade, and economic
development)) commerce by November 1, 1993, and every November 1
thereafter.
(2) By November 1 of each year, beginning in 1994, the department
((of general administration)) shall purge the inventory of real
property of sites that are no longer available for the development of
affordable housing. The department shall include an updated listing of
real property that has become available since the last update. As used
in this section, "real property" means buildings, land, or buildings
and land.
Sec. 219 RCW 43.19.1921 and 1979 c 151 s 100 are
each amended to
read as follows:
The director ((of general administration, through the division of
purchasing,)) shall:
(1) Establish and maintain warehouses ((hereinafter referred to as
"central stores")) for the centralized storage and distribution of such
supplies, equipment, and other items of common use in order to effect
economies in the purchase of supplies and equipment for state agencies.
To provide ((central stores)) warehouse facilities the ((division of
purchasing)) department may, by arrangement with the state agencies,
utilize any surplus available state owned space, and may acquire other
needed warehouse facilities by lease or purchase of the necessary
premises;
(2) Provide for the central salvage((, maintenance, repair, and
servicing)) of equipment, furniture, or furnishings used by state
agencies, and also by means of such a service provide an equipment pool
for effecting sales and exchanges of surplus and unused property by and
between state agencies. ((Funds derived from the sale and exchange of
property shall be placed to the account of the appropriate state agency
on the central stores accounts but such funds may not be expended
through central stores without prior approval of the office of
financial management.))
Sec. 220 RCW 43.19.1932 and 1989 c 185 s 2 are each amended to
read as follows:
The department of corrections shall be exempt from the following
provisions of this chapter in respect to goods or services purchased or
sold pursuant to the operation of correctional industries: RCW
43.19.180, 43.19.190, 43.19.1901, 43.19.1905, 43.19.1906, 43.19.1908,
43.19.1911, 43.19.1913, 43.19.1915, 43.19.1917, 43.19.1919, 43.19.1921,
((43.19.1925,)) and 43.19.200.
Sec. 221 RCW 43.19.200 and 2009 c 549 s 5066 are each amended to
read as follows:
(1) The governing authorities of the state's educational
institutions, the elective state officers, the supreme court, the court
of appeals, the administrative and other departments of the state
government, and all appointive officers of the state, shall prepare
estimates of the supplies required for the proper conduct and
maintenance of their respective institutions, offices, and departments,
covering periods to be fixed by the director, and forward them to the
director in accordance with his or her directions. No such
authorities, officers, or departments, or any officer or employee
thereof, may purchase any article for the use of their institutions,
offices, or departments, except in case of emergency purchases as
provided in subsection (2) of this section.
(2) The authorities, officers, and departments enumerated in
subsection (1) of this section may make emergency purchases in response
to unforeseen circumstances beyond the control of the agency which
present a real, immediate, and extreme threat to the proper performance
of essential functions or which may reasonably be expected to result in
excessive loss or damage to property, bodily injury, or loss of life.
When an emergency purchase is made, the agency head shall submit
written notification of the purchase, within three days of the
purchase, to the director ((of general administration)). This
notification shall contain a description of the purchase, description
of the emergency and the circumstances leading up to the emergency, and
an explanation of why the circumstances required an emergency purchase.
(3) Purchases made for the state's educational institutions, the
offices of the elective state officers, the supreme court, the court of
appeals, the administrative and other departments of the state
government, and the offices of all appointive officers of the state,
shall be paid for out of the moneys appropriated for supplies,
material, and service of the respective institutions, offices, and
departments.
(4) The director ((of general administration)) shall submit, on an
annual basis, the written notifications required by subsection (2) of
this section to the director of financial management.
Sec. 222 RCW 43.19.450 and 1994 c 264 s 15 are each amended to
read as follows:
The director ((of general administration)) shall appoint ((and
deputize an assistant director to be known as the)) a supervisor of
engineering and architecture ((who shall have charge and supervision of
the division of engineering and architecture. With the approval of the
director, the supervisor may appoint and employ such assistants and
personnel as may be necessary to carry out the work of the division)).
((No)) A person ((shall be)) is not eligible for appointment as
supervisor of engineering and architecture unless he or she is licensed
to practice the profession of engineering or the profession of
architecture in the state of Washington and for the last five years
prior to his or her appointment has been licensed to practice the
profession of engineering or the profession of architecture.
As used in this section, "state facilities" includes all state
buildings, related structures, and appurtenances constructed for any
elected state officials, institutions, departments, boards,
commissions, colleges, community colleges, except the state
universities, The Evergreen State College and regional universities.
"State facilities" does not include facilities owned by or used for
operational purposes and constructed for the department of
transportation, department of fish and wildlife, department of natural
resources, or state parks and recreation commission.
The director ((of general administration, through the division of
engineering and architecture)) or the director's designee shall:
(1) Prepare cost estimates and technical information to accompany
the capital budget and prepare or contract for plans and specifications
for new construction and major repairs and alterations to state
facilities.
(2) Contract for professional architectural, engineering, and
related services for the design of new state facilities and major
repair or alterations to existing state facilities.
(3) Provide contract administration for new construction and the
repair and alteration of existing state facilities.
(4) In accordance with the public works laws, contract on behalf of
the state for the new construction and major repair or alteration of
state facilities.
The director may delegate any and all of the functions under
subsections (1) through (4) of this section to any agency upon such
terms and conditions as considered advisable.
((The director may delegate the authority granted to the department
under RCW 39.04.150 to any agency upon such terms as considered
advisable.))
Sec. 223 RCW 43.19.455 and 2005 c 36 s 6 are each
amended to read
as follows:
Except as provided under RCW 43.17.210, the Washington state arts
commission shall determine the amount to be made available for the
purchase of art under RCW 43.17.200 in consultation with the director
((of general administration)), and payments therefor shall be made in
accordance with law. The designation of projects and sites, selection,
contracting, purchase, commissioning, reviewing of design, execution
and placement, acceptance, maintenance, and sale, exchange, or
disposition of works of art shall be the responsibility of the
Washington state arts commission in consultation with the director ((of
general administration)).
Sec. 224 RCW 43.19.500 and 2005 c 330 s 6 are each amended to
read as follows:
The ((general administration)) enterprise services account shall be
used by the department ((of general administration)) for the payment of
certain costs, expenses, and charges, as specified in this section,
incurred by it in the operation and administration of the department in
the rendering of services, the furnishing or supplying of equipment,
supplies and materials, and for providing or allocating facilities,
including the operation, maintenance, rehabilitation, or furnishings
thereof to other agencies, offices, departments, activities, and other
entities enumerated in RCW 43.01.090 and including the rendering of
services in acquiring real estate under RCW 43.82.010 and the operation
and maintenance of public and historic facilities at the state capitol,
as defined in RCW 79.24.710. The department shall treat the rendering
of services in acquiring real estate and the operation and maintenance
of state capitol public and historic facilities as separate operating
entities within the account for financial accounting and control.
The schedule of services, facilities, equipment, supplies,
materials, maintenance, rehabilitation, furnishings, operations, and
administration to be so financed and recovered shall be determined
jointly by the director ((of general administration)) and the director
of financial management, in equitable amounts which, together with any
other income or appropriation, will provide the department ((of general
administration)) with funds to meet its anticipated expenditures during
any allotment period.
The director ((of general administration)) may adopt rules
governing the provisions of RCW 43.01.090 and this section and the
relationships and procedures between the department ((of general
administration)) and such other entities.
Sec. 225 RCW 43.19.501 and 2009 c 564 s 932 are each amended to
read as follows:
The Thurston county capital facilities account is created in the
state treasury. The account is subject to the appropriation and
allotment procedures under chapter 43.88 RCW. Moneys in the account
may be expended for capital projects in facilities owned and managed by
the department ((of general administration)) in Thurston county. For
the 2007-2009 biennium, moneys in the account may be used for predesign
identified in section 1037, chapter 328, Laws of 2008.
During the 2009-2011 fiscal biennium, the legislature may transfer
from the Thurston county capital facilities account to the state
general fund such amounts as reflect the excess fund balance of the
account.
Sec. 226 RCW 43.19.530 and 2005 c 204 s 2 are each amended to
read as follows:
The state agencies and departments are hereby authorized to
purchase products and/or services manufactured or provided by((:)) community rehabilitation programs of the department of social
and health services((
(1); and)).
(2) Until December 31, 2009, businesses owned and operated by
persons with disabilities
Such purchases shall be at the fair market price of such products
and services as determined by the ((division of purchasing of the))
department of ((general administration)) enterprise services. To
determine the fair market price the ((division)) department shall use
the last comparable bid on the products and/or services or in the
alternative the last price paid for the products and/or services. The
increased cost of labor, materials, and other documented costs since
the last comparable bid or the last price paid are additional cost
factors which shall be considered in determining fair market price.
Upon the establishment of the fair market price as provided for in this
section the ((division)) department is hereby empowered to negotiate
directly for the purchase of products or services with officials in
charge of the community rehabilitation programs of the department of
social and health services ((and, until December 31, 2007, businesses
owned and operated by persons with disabilities)).
Sec. 227 RCW 43.19.534 and 2009 c 470 s 717 are each amended to
read as follows:
(1) State agencies, the legislature, and departments shall purchase
for their use all goods and services required by the legislature,
agencies, or departments that are produced or provided in whole or in
part from class II inmate work programs operated by the department of
corrections through state contract. These goods and services shall not
be purchased from any other source unless, upon application by the
department or agency: (a) The department ((of general administration))
finds that the articles or products do not meet the reasonable
requirements of the agency or department, (b) are not of equal or
better quality, or (c) the price of the product or service is higher
than that produced by the private sector. However, the criteria
contained in (a), (b), and (c) of this ((section)) subsection for
purchasing goods and services from sources other than correctional
industries do not apply to goods and services produced by correctional
industries that primarily replace goods manufactured or services
obtained from outside the state. The department of corrections and
department ((of general administration)) shall adopt administrative
rules that implement this section.
(2) During the 2009-2011 fiscal biennium, and in conformance with
section 223(11), chapter 470, Laws of 2009, this section does not apply
to the purchase of uniforms by the Washington state ferries.
Sec. 228 RCW 43.19.538 and 1991 c 297 s 5 are each amended to
read as follows:
(1) The director ((of general administration, through the state
purchasing director,)) shall develop specifications and adopt rules for
the purchase of products which will provide for preferential purchase
of products containing recycled material by:
(a) The use of a weighting factor determined by the amount of
recycled material in a product, where appropriate and known in advance
to potential bidders, to determine the lowest responsible bidder. The
actual dollars bid shall be the contracted amount. If the department
determines, according to criteria established by rule that the use of
this weighting factor does not encourage the use of more recycled
material, the department shall consider and award bids without regard
to the weighting factor. In making this determination, the department
shall consider but not be limited to such factors as adequate
competition, economics or environmental constraints, quality, and
availability.
(b) Requiring a written statement of the percentage range of
recycled content from the bidder providing products containing recycled
[material]. The range may be stated in five percent increments.
(2) The director shall develop a directory of businesses that
supply products containing significant quantities of recycled
materials. This directory may be combined with and made accessible
through the database of recycled content products to be developed under
RCW 43.19A.060.
(3) The director shall encourage all parties using the state
purchasing office to purchase products containing recycled materials.
(4) The rules, specifications, and bid evaluation shall be
consistent with recycled content standards adopted under RCW
43.19A.020.
Sec. 229 RCW 43.19.539 and 2006 c 183 s 36 are each amended to
read as follows:
(1) The department ((of general administration)) shall establish
purchasing and procurement policies that establish a preference for
electronic products that meet environmental performance standards
relating to the reduction or elimination of hazardous materials.
(2) The department ((of general administration)) shall ensure that
their surplus electronic products, other than those sold individually
to private citizens, are managed only by registered transporters and by
processors meeting the requirements of RCW 70.95N.250 ((and section 26
of this act)).
(3) The department ((of general administration)) shall ensure that
their surplus electronic products are directed to legal secondary
materials markets by requiring a chain of custody record that documents
to whom the products were initially delivered through to the end use
manufacturer.
Sec. 230 RCW 43.19.560 and 1983 c 187 s 3 are each
amended to
read as follows:
As used in RCW 43.19.565 through 43.19.635, 43.41.130 and
43.41.140, the following definitions shall apply:
(1) "Passenger motor vehicle" means any sedan, station wagon, bus,
or light truck which is designed for carrying ten passengers or less
and is used primarily for the transportation of persons;
(2) "State agency" shall include any state office, agency,
commission, department, or institution financed in whole or in part
from funds appropriated by the legislature. It shall also include the
Washington state school director's association ((and the state
printer)), but it shall not include (a) the state supreme court or any
agency of the judicial branch or (b) the legislature or any of its
statutory, standing, special, or interim committees, other than at the
option of the judicial or legislative agency or committee concerned;
(3) "Employee commuting" shall mean travel by a state officer or
employee to or from his or her official residence or other domicile to
or from his or her official duty station or other place of work;
(4) "Motor vehicle transportation services" shall include but not
be limited to the furnishing of motor vehicles for the transportation
of persons or property, with or without drivers, and may also include
furnishing of maintenance, storage, and other support services to state
agencies for the conduct of official state business.
Sec. 231 RCW 43.19.565 and 2005 c 214 s 1 are each amended to
read as follows:
The department ((of general administration)) shall establish a
motor vehicle transportation service which is hereby empowered to:
(1) Provide suitable motor vehicle transportation services to
((any)) state ((agency)) agencies on either a temporary or permanent
basis ((upon requisition from a state agency)) and upon such
demonstration of need as the department may require;
(2) Provide motor pools for the use of state agencies located in
the Olympia area and such additional motor pools at other locations in
the state as may be necessary to provide economic, efficient, and
effective motor vehicle transportation services to state agencies.
Such additional motor pools may be under either the direct control of
the department or under the supervision of another state agency by
agreement with the department;
(3) Establish an equitable schedule of rental and mileage charges
to agencies for motor vehicle transportation services furnished which
shall be designed to provide funds to ((cover replacement of vehicles,
the purchase of additional vehicles, and to)) recover the actual total
costs of motor pool operations including but not limited to vehicle
operation expense, depreciation expense, overhead, and nonrecoverable
collision or other damage to vehicles; and
(4) Establish guidelines, procedures, and standards for fleet
operations that other state agencies and institutions of higher
education may adopt. The guidelines, procedures, and standards shall
be consistent with and carry out the objectives of any general policies
adopted by the office of financial management under RCW 43.41.130.
Unless otherwise determined by the director after consultation with
the office of financial management, vehicles owned and managed by the
department of transportation, the department of natural resources, and
the Washington state patrol are exempt from the requirements of
subsections (1), (2), and (4) of this section.
Sec. 232 RCW 43.19.585 and 1975 1st ex.s. c 167 s 7 are each
amended to read as follows:
The director ((of general administration shall appoint a supervisor
of motor transport, who)) or the director's designee shall have general
charge and supervision of state motor pools and motor vehicle
transportation services under departmental administration and control.
((The appointment of all personnel, except the supervisor, shall be
made pursuant to chapter 41.06 RCW, the state civil service law, as now
or hereafter amended.)) The director((
With the approval of, the supervisor shall (1)
appoint and employ such assistants and personnel as may be necessary,
(2))) or the director's designee shall (1) acquire by purchase or
otherwise a sufficient number of motor vehicles to fulfill state agency
needs for motor vehicle transportation service, (((3))) (2) provide for
necessary ((storage,)) upkeep((,)) and repair, and (((4))) (3) provide
for servicing motor pool vehicles with fuel, lubricants, and other
operating requirements.
Sec. 233 RCW 43.19.600 and 2009 c 549 s
5068 are each amended to
read as follows:
(1) ((On or after July 1, 1975,)) Any passenger motor vehicles
currently owned or hereafter acquired by any state agency((, except
vehicles acquired from federal granted funds and over which the federal
government retains jurisdiction and control, may)) shall be purchased
by or transferred to the department ((of general administration with
the consent of the state agency concerned)). The director ((of general
administration)) may accept vehicles subject to the provisions of RCW
43.19.560 through 43.19.630, 43.41.130 and 43.41.140 prior to July 1,
1975, if he or she deems it expedient to accomplish an orderly
transition.
(2) The department, in cooperation with the office of financial
management, shall study and ascertain current and prospective needs of
state agencies for passenger motor vehicles and shall ((recommend))
direct the transfer to a state motor pool or other appropriate
disposition of any vehicle found not to be required by a state agency.
(3) The department shall direct the transfer of passenger motor
vehicles from a state agency to a state motor pool or other disposition
as appropriate, based on a study under subsection (2) of this section,
((or after a public hearing held by the department,)) if a finding is
made based on ((testimony and)) data therein submitted that the
economy, efficiency, or effectiveness of state government would be
improved by such a transfer or other disposition of passenger motor
vehicles. Any dispute over the accuracy of ((testimony and)) data
submitted as to the benefits in state governmental economy, efficiency,
and effectiveness to be gained by such transfer shall be resolved by
the ((governor or the governor's designee)) director and the director
of financial management. Unless otherwise determined by the director
after consultation with the office of financial management, vehicles
owned and managed by the department of transportation, the department
of natural resources, and the Washington state patrol are exempt from
the requirements of subsections (1) through (3) of this section.
Sec. 234 RCW 43.19.610 and 1998 c 105 s 12 are each amended to
read as follows:
All moneys, funds, proceeds, and receipts as ((provided in RCW
43.19.615 and as may otherwise be)) provided by law shall be paid into
the ((general administration)) enterprise services account.
Disbursements therefrom shall be made in accordance with the provisions
of RCW 43.19.560 through 43.19.630, 43.41.130 and 43.41.140 as
authorized by the director or a duly authorized representative and as
may be provided by law.
Sec. 235 RCW 43.19.620 and 2009 c 549 s 5069 are each amended to
read as follows:
The director ((of general administration, through the supervisor of
motor transport,)) shall adopt((, promulgate,)) and enforce ((such
regulations)) rules as may be deemed necessary to accomplish the
purpose of RCW 43.19.560 through 43.19.630, 43.41.130, and 43.41.140.
((Such regulations)) The rules, in addition to other matters, shall
provide authority for any agency director or his or her delegate to
approve the use on official state business of personally owned or
commercially owned rental passenger motor vehicles. Before such an
authorization is made, it must first be reasonably determined that
state owned passenger vehicles or other suitable transportation is not
available at the time or location required or that the use of such
other transportation would not be conducive to the economical,
efficient, and effective conduct of business.
((Such regulations)) The rules shall be consistent with and shall
carry out the objectives of the general policies and guidelines adopted
by the office of financial management pursuant to RCW 43.41.130.
Sec. 236 RCW 43.19.635 and 2009 c 549 s 5071 are each amended to
read as follows:
(1) The governor, acting through the department ((of general
administration)) and any other appropriate agency or agencies as he or
she may direct, is empowered to utilize all reasonable means for
detecting the unauthorized use of state owned motor vehicles, including
the execution of agreements with the state patrol for compliance
enforcement. Whenever such illegal use is discovered which involves a
state employee, the employing agency shall proceed as provided by law
to establish the amount, extent, and dollar value of any such use,
including an opportunity for notice and hearing for the employee
involved. When such illegal use is so established, the agency shall
assess its full cost of any mileage illegally used and shall recover
such
amounts by deductions from salary or allowances due to be paid to
the offending official or employee by other means. Recovery of costs
by the state under this subsection shall not preclude disciplinary or
other action by the appropriate appointing authority or employing
agency under subsection (2) of this section.
(2) Any ((wilful)) willful and knowing violation of any provision
of RCW 43.19.560 through 43.19.620, 43.41.130 and 43.41.140 shall
subject the state official or employee committing such violation to
disciplinary action by the appropriate appointing or employing agency.
Such disciplinary action may include, but shall not be limited to,
suspension without pay, or termination of employment in the case of
repeated violations.
(3) Any casual or inadvertent violation of RCW 43.19.560 through
43.19.620, 43.41.130 and 43.41.140 may subject the state official or
employee committing such violation to disciplinary action by the
appropriate appointing authority or employing agency. Such
disciplinary action may include, but need not be limited to, suspension
without pay.
Sec. 237 RCW 43.19.646 and 2006 c 338 s 12 are each amended to
read as follows:
(1) The department ((of general administration)) must assist state
agencies seeking to meet the biodiesel fuel requirements in RCW
43.19.642 by coordinating the purchase and delivery of biodiesel if
requested by any state agency. The department may use long-term
contracts of up to ten years, when purchasing from in-state suppliers
who use predominantly in-state feedstock, to secure a sufficient and
stable supply of biodiesel for use by state agencies.
(2) The department shall compile and analyze the reports submitted
under RCW 43.19.642(((4))) (3) and report in an electronic format its
findings and recommendations to the governor and committees of the
legislature with responsibility for energy issues, within sixty days
from the end of each reporting period. The governor shall consider
these reports in determining whether to temporarily suspend minimum
renewable fuel content requirements as authorized under RCW 19.112.160.
Sec. 238 RCW 43.19.663 and 2002 c 285 s 4 are each amended to
read as follows:
(1) The department ((of general administration)), in cooperation
with public agencies, shall investigate opportunities to aggregate the
purchase of clean technologies with other public agencies to determine
whether or not combined purchasing can reduce the unit cost of clean
technologies.
(2) State agencies that are retail electric customers shall
investigate opportunities to aggregate the purchase of electricity
produced from generation resources that are fueled by wind or solar
energy for their facilities located within a single utility's service
area, to determine whether or not combined purchasing can reduce the
unit cost of those resources.
(3) No public agency is required under this section to purchase
clean technologies at prohibitive costs.
(4)(a) "Electric utility" shall have the same meaning as provided
under RCW 19.29A.010.
(b) "Clean technology" includes, but may not be limited to,
alternative fueled hybrid-electric and fuel cell vehicles, and
distributive power generation.
(c) "Distributive power generation" means the generation of
electricity from an integrated or stand-alone power plant that
generates electricity from wind energy, solar energy, or fuel cells.
(d) "Retail electric customer" shall have the same meaning as
provided under RCW 19.29A.010.
(e) "Facility" means any building owned or leased by a public
agency.
Sec. 239 RCW 43.19.685 and 1982 c 48 s 4 are each amended to read
as follows:
The director ((of general administration)) shall develop lease
covenants, conditions, and terms which:
(1) Obligate the lessor to conduct or have conducted a walk-through
survey of the leased premises;
(2) Obligate the lessor to implement identified energy conservation
maintenance and operating procedures upon completion of the walk-through survey; and
(3) Obligate the lessor to undertake technical assistance studies
and subsequent acquisition and installation of energy conservation
measures if the director ((of general administration)), in accordance
with rules adopted by the department, determines that these studies and
measures will both conserve energy and can be accomplished with a state
funding contribution limited to the savings which would result in
utility expenses during the term of the lease.
These lease covenants, conditions, and terms shall be incorporated
into all specified new, renewed, and renegotiated leases executed on or
after January 1, 1983. This section applies to all leases under which
state occupancy is at least half of the facility space and includes an
area greater than three thousand square feet.
Sec. 240 RCW 43.19.702 and 1983 c 183 s 2 are each amended to
read as follows:
The director ((of general administration)) shall compile a list of
the statutes and regulations, relating to state purchasing, of each
state, which statutes and regulations the director believes grant a
preference to vendors located within the state or goods manufactured
within the state. At least once every twelve months the director shall
update the list.
Sec. 241 RCW 43.19.704 and 1983 c 183 s 3 are each amended to
read as follows:
The director ((of general administration)) shall adopt and apply
rules designed to provide for some reciprocity in bidding between
Washington and those states having statutes or regulations on the list
under RCW 43.19.702. The director ((of general administration)) shall
have broad discretionary power in developing these rules and the rules
shall provide for reciprocity only to the extent and in those instances
where the director considers it appropriate. For the purpose of
determining the lowest responsible bidder pursuant to RCW 43.19.1911,
such rules shall (1) require the director to impose a reciprocity
increase on bids when appropriate under the rules and (2) establish
methods for determining the amount of the increase. In no instance
shall such increase, if any, be paid to a vendor whose bid is accepted.
Sec. 242 RCW 43.19.708 and 2010 c 5 s 5 are each amended to read
as follows:
The department ((of general administration)) shall identify in the
department's vendor registry all vendors that are veteran-owned
businesses as certified by the department of veterans affairs under RCW
43.60A.195.
Sec. 243 RCW 43.19.710 and 1993 c 219 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this section and RCW 43.19.715.
(1) "Consolidated mail service" means incoming, outgoing, and
internal mail processing.
(2) (("Department" means the department of general administration.)) "Incoming mail" means mail, packages, or similar items
received by an agency, through the United States postal service,
private carrier services, or other courier services.
(3) "Director" means the director of the department of general
administration.
(4) "Agency" means:
(a) The office of the governor; and
(b) Any office, department, board, commission, or other separate
unit or division, however designated, of the state government, together
with all personnel thereof: Upon which the statutes confer powers and
impose duties in connection with operations of either a governmental or
proprietary nature; and that has as its chief executive officer a
person or combination of persons such as a commission, board, or
council, by law empowered to operate it, responsible either to: (i) No
other public officer or (ii) the governor.
(5)
(((6))) (3) "Outgoing mail" means mail, packages, or similar items
processed for agencies to be sent through the United States postal
service, private carrier services, or other courier services.
(((7))) (4) "Internal mail" means interagency mail, packages, or
similar items that are delivered or to be delivered to a state agency,
the legislature, the supreme court, or the court of appeals, and their
officers and employees.
Sec. 244 RCW 19.27.070 and 2010 c 275 s 1 are each amended to
read as follows:
There is hereby established a state building code council, to be
appointed by the governor.
(1) The state building code council shall consist of fifteen
members:
(a) Two members must be county elected legislative body members or
elected executives;
(b) Two members must be city elected legislative body members or
mayors;
(c) One member must be a local government building code enforcement
official;
(d) One member must be a local government fire service official;
(e) One member shall represent general construction, specializing
in commercial and industrial building construction;
(f) One member shall represent general construction, specializing
in residential and multifamily building construction;
(g) One member shall represent the architectural design profession;
(h) One member shall represent the structural engineering
profession;
(i) One member shall represent the mechanical engineering
profession;
(j) One member shall represent the construction building trades;
(k) One member shall represent manufacturers, installers, or
suppliers of building materials and components;
(l) One member must be a person with a physical disability and
shall represent the disability community; and
(m) One member shall represent the general public.
(2) At least six of these fifteen members shall reside east of the
crest of the Cascade mountains.
(3) The council shall include: Two members of the house of
representatives appointed by the speaker of the house, one from each
caucus; two members of the senate appointed by the president of the
senate, one from each caucus; and an employee of the electrical
division of the department of labor and industries, as ex officio,
nonvoting members with all other privileges and rights of membership.
(4)(a) Terms of office shall be for three years, or for so long as
the member remains qualified for the appointment.
(b) The council shall elect a member to serve as chair of the
council for one-year terms of office.
(c) Any member who is appointed by virtue of being an elected
official or holding public employment shall be removed from the council
if he or she ceases being such an elected official or holding such
public employment.
(d) Any member who is appointed to represent a specific private
sector industry must maintain sufficiently similar employment or
circumstances throughout the term of office to remain qualified to
represent the specified industry. Retirement or unemployment is not
cause for termination. However, if a councilmember enters into
employment outside of the industry he or she has been appointed to
represent, then he or she shall be removed from the council.
(e) Any member who no longer qualifies for appointment under this
section may not vote on council actions, but may participate as an ex
officio, nonvoting member until a replacement member is appointed. A
member must notify the council staff and the governor's office within
thirty days of the date the member no longer qualifies for appointment
under this section. The governor shall appoint a qualified replacement
for the member within sixty days of notice.
(5) Before making any appointments to the building code council,
the governor shall seek nominations from recognized organizations which
represent the entities or interests identified in this section.
(6) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(7) The department of ((commerce)) enterprise services shall
provide administrative and clerical assistance to the building code
council.
Sec. 245 RCW 19.27A.140 and 2010 c 271 s 305 are each amended to
read as follows:
The definitions in this section apply to RCW 19.27A.130 through
19.27A.190 and 19.27A.020 unless the context clearly requires
otherwise.
(1) "Benchmark" means the energy used by a facility as recorded
monthly for at least one year and the facility characteristics
information inputs required for a portfolio manager.
(2) "Conditioned space" means conditioned space, as defined in the
Washington state energy code.
(3) "Consumer-owned utility" includes a municipal electric utility
formed under Title 35 RCW, a public utility district formed under Title
54 RCW, an irrigation district formed under chapter 87.03 RCW, a
cooperative formed under chapter 23.86 RCW, a mutual corporation or
association formed under chapter 24.06 RCW, a port district formed
under Title 53 RCW, or a water-sewer district formed under Title 57
RCW, that is engaged in the business of distributing electricity to one
or more retail electric customers in the state.
(4) "Cost-effectiveness" means that a project or resource is
forecast:
(a) To be reliable and available within the time it is needed; and
(b) To meet or reduce the power demand of the intended consumers at
an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource,
or any combination thereof.
(5) "Council" means the state building code council.
(6) "Embodied energy" means the total amount of fossil fuel energy
consumed to extract raw materials and to manufacture, assemble,
transport, and install the materials in a building and the life-cycle
cost benefits including the recyclability and energy efficiencies with
respect to building materials, taking into account the total sum of
current values for the costs of investment, capital, installation,
operating, maintenance, and replacement as estimated for the lifetime
of the product or project.
(7) "Energy consumption data" means the monthly amount of energy
consumed by a customer as recorded by the applicable energy meter for
the most recent twelve-month period.
(8) "Energy service company" has the same meaning as in RCW
43.19.670.
(9) "((General administration)) Enterprise services" means the
department of ((general administration)) enterprise services.
(10) "Greenhouse gas" and "greenhouse gases" includes carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride.
(11) "Investment grade energy audit" means an intensive engineering
analysis of energy efficiency and management measures for the facility,
net energy savings, and a cost-effectiveness determination.
(12) "Investor-owned utility" means a corporation owned by
investors that meets the definition of "corporation" as defined in RCW
80.04.010 and is engaged in distributing either electricity or natural
gas, or both, to more than one retail electric customer in the state.
(13) "Major facility" means any publicly owned or leased building,
or a group of such buildings at a single site, having ten thousand
square feet or more of conditioned floor space.
(14) "National energy performance rating" means the score provided
by the energy star program, to indicate the energy efficiency
performance of the building compared to similar buildings in that
climate as defined in the United States environmental protection agency
"ENERGY STAR® Performance Ratings Technical Methodology."
(15) "Net zero energy use" means a building with net energy
consumption of zero over a typical year.
(16) "Portfolio manager" means the United States environmental
protection agency's energy star portfolio manager or an equivalent tool
adopted by the department of ((general administration)) enterprise
services.
(17) "Preliminary energy audit" means a quick evaluation by an
energy service company of the energy savings potential of a building.
(18) "Qualifying public agency" includes all state agencies,
colleges, and universities.
(19) "Qualifying utility" means a consumer-owned or investor-owned
gas or electric utility that serves more than twenty-five thousand
customers in the state of Washington.
(20) "Reporting public facility" means any of the following:
(a) A building or structure, or a group of buildings or structures
at a single site, owned by a qualifying public agency, that exceed ten
thousand square feet of conditioned space;
(b) Buildings, structures, or spaces leased by a qualifying public
agency that exceeds ten thousand square feet of conditioned space,
where the qualifying public agency purchases energy directly from the
investor-owned or consumer-owned utility;
(c) A wastewater treatment facility owned by a qualifying public
agency; or
(d) Other facilities selected by the qualifying public agency.
(21) "State portfolio manager master account" means a portfolio
manager account established to provide a single shared portfolio that
includes reports for all the reporting public facilities.
Sec. 246 RCW 39.34.055 and 1994 c 98 s 1 are each amended to read
as follows:
The ((office of state procurement within the)) department of
((general administration)) enterprise services may enter into an
agreement with a public benefit nonprofit corporation to allow the
public benefit nonprofit corporation to participate in state contracts
for purchases administered by the ((office of state procurement))
department. Such agreement must comply with the requirements of RCW
39.34.030 through 39.34.050. For the purposes of this section "public
benefit nonprofit corporation" means a public benefit nonprofit
corporation as defined in RCW 24.03.005 that is receiving local, state,
or federal funds either directly or through a public agency other than
an Indian tribe or a political subdivision of another state.
Sec. 247 RCW 39.35.030 and 2001 c 214 s 16 are each amended to
read as follows:
For the purposes of this chapter the following words and phrases
shall have the following meanings unless the context clearly requires
otherwise:
(1) "Public agency" means every state office, officer, board,
commission, committee, bureau, department, and all political
subdivisions of the state.
(2) "Department" means the state department of ((general
administration)) enterprise services.
(3) "Major facility" means any publicly owned or leased building
having twenty-five thousand square feet or more of usable floor space.
(4) "Initial cost" means the moneys required for the capital
construction or renovation of a major facility.
(5) "Renovation" means additions, alterations, or repairs within
any twelve-month period which exceed fifty percent of the value of a
major facility and which will affect any energy system.
(6) "Economic life" means the projected or anticipated useful life
of a major facility as expressed by a term of years.
(7) "Energy management system" means a program, energy efficiency
equipment, technology, device, or other measure including, but not
limited to, a management, educational, or promotional program, smart
appliance, meter reading system that provides energy information
capability, computer software or hardware, communications equipment or
hardware, thermostat or other control equipment, together with related
administrative or operational programs, that allows identification and
management of opportunities for improvement in the efficiency of energy
use, including but not limited to a measure that allows:
(a) Energy consumers to obtain information about their energy usage
and the cost of energy in connection with their usage;
(b) Interactive communication between energy consumers and their
energy suppliers;
(c) Energy consumers to respond to energy price signals and to
manage their purchase and use of energy; or
(d) For other kinds of dynamic, demand-side energy management.
(8) "Life-cycle cost" means the initial cost and cost of operation
of a major facility over its economic life. This shall be calculated
as the initial cost plus the operation, maintenance, and energy costs
over its economic life, reflecting anticipated increases in these costs
discounted to present value at the current rate for borrowing public
funds, as determined by the office of financial management. The energy
cost projections used shall be those provided by the department. The
department shall update these projections at least every two years.
(9) "Life-cycle cost analysis" includes, but is not limited to, the
following elements:
(a) The coordination and positioning of a major facility on its
physical site;
(b) The amount and type of fenestration employed in a major
facility;
(c) The amount of insulation incorporated into the design of a
major facility;
(d) The variable occupancy and operating conditions of a major
facility; and
(e) An energy-consumption analysis of a major facility.
(10) "Energy systems" means all utilities, including, but not
limited to, heating, air-conditioning, ventilating, lighting, and the
supplying of domestic hot water.
(11) "Energy-consumption analysis" means the evaluation of all
energy systems and components by demand and type of energy including
the
internal energy load imposed on a major facility by its occupants,
equipment, and components, and the external energy load imposed on a
major facility by the climatic conditions of its location. An energy-consumption analysis of the operation of energy systems of a major
facility shall include, but not be limited to, the following elements:
(a) The comparison of three or more system alternatives, at least
one of which shall include renewable energy systems, and one of which
shall comply at a minimum with the sustainable design guidelines of the
United States green building council leadership in energy and
environmental design silver standard or similar design standard as may
be adopted by rule by the department;
(b) The simulation of each system over the entire range of
operation of such facility for a year's operating period; and
(c) The evaluation of the energy consumption of component equipment
in each system considering the operation of such components at other
than full or rated outputs.
The energy-consumption analysis shall be prepared by a professional
engineer or licensed architect who may use computers or such other
methods as are capable of producing predictable results.
(12) "Renewable energy systems" means methods of facility design
and construction and types of equipment for the utilization of
renewable energy sources including, but not limited to, hydroelectric
power, active or passive solar space heating or cooling, domestic solar
water heating, windmills, waste heat, biomass and/or refuse-derived
fuels, photovoltaic devices, and geothermal energy.
(13) "Cogeneration" means the sequential generation of two or more
forms of energy from a common fuel or energy source. Where these forms
are electricity and thermal energy, then the operating and efficiency
standards established by 18 C.F.R. Sec. 292.205 and the definitions
established by 18 C.F.R. 292.202 (c) through (m) as of July 28, 1991,
shall apply.
(14) "Selected buildings" means educational, office, residential
care, and correctional facilities that are designed to comply with the
design standards analyzed and recommended by the department.
(15) "Design standards" means the heating, air-conditioning,
ventilating, and renewable resource systems identified, analyzed, and
recommended by the department as providing an efficient energy system
or systems based on the economic life of the selected buildings.
Sec. 248 RCW 39.35C.010 and 2007 c 39 s 4 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Cogeneration" means the sequential generation of two or more
forms of energy from a common fuel or energy source. If these forms
are electricity and thermal energy, then the operating and efficiency
standards established by 18 C.F.R. Sec. 292.205 and the definitions
established by 18 C.F.R. Sec. 292.202 (c) through (m) apply.
(2) "Conservation" means reduced energy consumption or energy cost,
or increased efficiency in the use of energy, and activities, measures,
or equipment designed to achieve such results, but does not include
thermal or electric energy production from cogeneration.
"Conservation" also means reductions in the use or cost of water,
wastewater, or solid waste.
(3) "Cost-effective" means that the present value to a state agency
or school district of the energy reasonably expected to be saved or
produced by a facility, activity, measure, or piece of equipment over
its useful life, including any compensation received from a utility or
the Bonneville power administration, is greater than the net present
value of the costs of implementing, maintaining, and operating such
facility, activity, measure, or piece of equipment over its useful
life, when discounted at the cost of public borrowing.
(4) "Energy" means energy as defined in RCW 43.21F.025(((1))) (5).
(5) "Energy audit" has the definition provided in RCW 43.19.670,
and may include a determination of the water or solid waste consumption
characteristics of a facility.
(6) "Energy efficiency project" means a conservation or
cogeneration project.
(7) "Energy efficiency services" means assistance furnished by the
department to state agencies and school districts in identifying,
evaluating, and implementing energy efficiency projects.
(8) "Department" means the state department of ((general
administration)) enterprise services.
(9) "Performance-based contracting" means contracts for which
payment is conditional on achieving contractually specified energy
savings.
(10) "Public agency" means every state office, officer, board,
commission, committee, bureau, department, and all political
subdivisions of the state.
(11) "Public facility" means a building or structure, or a group of
buildings or structures at a single site, owned by a state agency or
school district.
(12) "State agency" means every state office or department, whether
elective or appointive, state institutions of higher education, and all
boards, commissions, or divisions of state government, however
designated.
(13) "State facility" means a building or structure, or a group of
buildings or structures at a single site, owned by a state agency.
(14) "Utility" means privately or publicly owned electric and gas
utilities, electric cooperatives and mutuals, whether located within or
without Washington state.
(15) "Local utility" means the utility or utilities in whose
service territory a public facility is located.
Sec. 249 RCW 39.35D.020 and 2006 c 263 s 330 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of ((general administration))
enterprise services.
(2) "High-performance public buildings" means high-performance
public buildings designed, constructed, and certified to a standard as
identified in this chapter.
(3) "Institutions of higher education" means the state
universities, the regional universities, The Evergreen State College,
the community colleges, and the technical colleges.
(4) "LEED silver standard" means the United States green building
council leadership in energy and environmental design green building
rating standard, referred to as silver standard.
(5)(a) "Major facility project" means: (i) A construction project
larger than five thousand gross square feet of occupied or conditioned
space as defined in the Washington state energy code; or (ii) a
building renovation project when the cost is greater than fifty percent
of the assessed value and the project is larger than five thousand
gross square feet of occupied or conditioned space as defined in the
Washington state energy code.
(b) "Major facility project" does not include: (i) Projects for
which the department, public school district, or other applicable
agency and the design team determine the LEED silver standard or the
Washington sustainable school design protocol to be not practicable; or
(ii) transmitter buildings, pumping stations, hospitals, research
facilities primarily used for sponsored laboratory experimentation,
laboratory research, or laboratory training in research methods, or
other similar building types as determined by the department. When the
LEED silver standard is determined to be not practicable for a project,
then it must be determined if any LEED standard is practicable for the
project. If LEED standards or the Washington sustainable school design
protocol are not followed for the project, the public school district
or public agency shall report these reasons to the department.
(6) "Public agency" means every state office, officer, board,
commission, committee, bureau, department, and public higher education
institution.
(7) "Public school district" means a school district eligible to
receive state basic education moneys pursuant to RCW 28A.150.250 and
28A.150.260.
(8) "Washington sustainable school design protocol" means the
school design protocol and related information developed by the office
of the superintendent of public instruction, in conjunction with school
districts and the school facilities advisory board.
Sec. 250 RCW 43.19A.010 and 1992 c 174 s 12 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Compost products" means mulch, soil amendments, ground cover,
or other landscaping material derived from the biological or mechanical
conversion of biosolids or cellulose-containing waste materials.
(2) "Department" means the department of ((general administration))
enterprise services.
(3) "Director" means the director of the department of ((general
administration)) enterprise services.
(4) "Local government" means a city, town, county, special purpose
district, school district, or other municipal corporation.
(5) "Lubricating oil" means petroleum-based oils for reducing
friction in engine parts and other mechanical parts.
(6) "Mixed waste paper" means assorted low-value grades of paper
that have not been separated into individual grades of paper at the
point of collection.
(7) "Municipal sewage sludge" means a semisolid substance
consisting of settled sewage solids combined with varying amounts of
water and dissolved materials generated from a publicly owned
wastewater treatment plant.
(8) "Biosolids" means municipal sewage sludge or septic tank
septage sludge that meets the requirements of chapter 70.95J
(9) "Paper and paper products" means all items manufactured from
paper or paperboard.
(10) "Postconsumer waste" means a material or product that has
served its intended use and has been discarded for disposal or recovery
by a final consumer.
(11) "Procurement officer" means the person that has the primary
responsibility for procurement of materials or products.
(12) "State agency" means all units of state government, including
divisions of the governor's office, the legislature, the judiciary,
state agencies and departments, correctional institutions, vocational
technical institutions, and universities and colleges.
(13) "Recycled content product" or "recycled product" means a
product containing recycled materials.
(14) "Recycled materials" means waste materials and by-products
that have been recovered or diverted from solid waste and that can be
utilized in place of a raw or virgin material in manufacturing a
product and consists of materials derived from postconsumer waste,
manufacturing waste, industrial scrap, agricultural wastes, and other
items, all of which can be used in the manufacture of new or recycled
products.
(15) "Re-refined oils" means used lubricating oils from which the
physical and chemical contaminants acquired through previous use have
been removed through a refining process. Re-refining may include
distillation, hydrotreating, or treatments employing acid, caustic,
solvent, clay, or other chemicals, or other physical treatments other
than those used in reclaiming.
(16) "USEPA product standards" means the product standards of the
United States environmental protection agency for recycled content
published in the code of federal regulations.
Sec. 251 RCW 43.19A.022 and 2009 c 356 s 2 are each amended to
read as follows:
(1) ((By December 31, 2009,)) All state agencies shall purchase one
hundred percent recycled content white cut sheet bond paper used in
office printers and copiers. State agencies are encouraged to give
priority to purchasing from companies that produce paper in facilities
that generate energy from a renewable energy source.
(2) State agencies that utilize office printers and copiers that,
after reasonable attempts, cannot be calibrated to utilize such paper
referenced in subsection (1) of this section, must for those models of
equipment:
(a) Purchase paper at the highest recycled content that can be
utilized efficiently by the copier or printer;
(b) At the time of lease renewal or at the end of the life-cycle,
either lease or purchase a model that will efficiently utilize one
hundred percent recycled content white cut sheet bond paper;
(3) Printed projects that require the use of high volume production
inserters or high-speed digital devices, such as those used by ((the
state printer, department of information services, and)) the department
of ((general administration)) enterprise services, are not required to
meet the one hundred percent recycled content white cut sheet bond
paper standard, but must utilize the highest recycled content that can
be utilized efficiently by such equipment and not impede the business
of agencies.
(4) The ((state printer,)) department of ((general
administration,)) enterprise services and the department of information
services shall work together to identify for use by agencies one
hundred percent recycled paper products that process efficiently
through high-speed production equipment and do not impede the business
of agencies.
Sec. 252 RCW 39.32.035 and 1998 c 105 s 3 are each
amended to
read as follows:
The ((general administration)) enterprise services account shall be
administered by the director of ((general administration)) enterprise
services and be used for the purchase, lease or other acquisition from
time to time of surplus property from any federal, state, or local
government surplus property disposal agency. The director may
purchase, lease or acquire such surplus property on the requisition of
an eligible donee and without such requisition at such time or times as
he or she deems it advantageous to do so; and in either case he or she
shall be responsible for the care and custody of the property purchased
so long as it remains in his or her possession.
Sec. 253 RCW 43.01.225 and 1995 c 215 s 2 are each amended to
read as follows:
There is hereby established an account in the state treasury to be
known as the "state vehicle parking account." All parking rental
income resulting from parking fees established by the department of
((general administration)) enterprise services under RCW 46.08.172 at
state-owned or leased property shall be deposited in the "state vehicle
parking account." Revenue deposited in the "state vehicle parking
account" shall be first applied to pledged purposes. Unpledged parking
revenues deposited in the "state vehicle parking account" may be used
to:
(1) Pay costs incurred in the operation, maintenance, regulation,
and enforcement of vehicle parking and parking facilities;
(2) Support the lease costs and/
(3) Support agency commute trip reduction programs under RCW
70.94.521 through 70.94.551.
Sec. 254 RCW 43.82.120 and 1998 c 105 s 14 are each amended to
read as follows:
All rental income collected by the department of ((general
administration)) enterprise services from rental of state buildings
shall be deposited in the ((general administration)) enterprise
services account.
Sec. 255 RCW 43.82.125 and 1998 c 105 s 15 are
each amended to
read as follows:
The ((general administration)) enterprise services account shall be
used to pay all costs incurred by the department in the operation of
real estate managed under the terms of this chapter. Moneys received
into the ((general administration)) enterprise services account shall
be used to pay rent to the owner of the space for occupancy of which
the charges have been made and to pay utility and operational costs of
the space utilized by the occupying agency: PROVIDED, That moneys
received into the account for occupancy of space owned by the state
where utilities and other operational costs are covered by
appropriation to the department of ((general administration))
enterprise services shall be immediately transmitted to the general
fund.
Sec. 256 RCW 43.99H.070 and 1995 c 215 s 6 are each amended to
read as follows:
In addition to any other charges authorized by law and to assist in
the reimbursement of principal and interest payments on bonds issued
for the purposes of RCW 43.99H.020(15), the following revenues may be
collected:
(1) The director of ((general administration)) enterprise services
may assess a charge against each state board, commission, agency,
office, department, activity, or other occupant of the facility or
building constructed with bonds issued for the purposes of RCW
43.99H.020(15) for payment of a proportion of costs for each square
foot of floor space assigned to or occupied by the entity. Payment of
the amount billed to the entity for such occupancy shall be made
quarterly during each fiscal year. The director of ((general
administration)) enterprise services shall deposit the payment in the
capitol campus reserve account.
(2) The director of ((general administration)) enterprise services
may pledge a portion of the parking rental income collected by the
department of ((general administration)) enterprise services from
parking space developed as a part of the facility constructed with
bonds issued for the purposes of RCW 43.99H.020(15). The pledged
portion of this income shall be deposited in the capitol campus reserve
account. The unpledged portion of this income shall continue to be
deposited in the state vehicle parking account.
(3) The state treasurer shall transfer four million dollars from
the capitol building construction account to the capitol campus reserve
account each fiscal year from 1990 to 1995. Beginning in fiscal year
1996, the director of ((general administration)) enterprise services,
in consultation with the state finance committee, shall determine the
necessary amount for the state treasurer to transfer from the capitol
building construction account to the capitol campus reserve account for
the purpose of repayment of the general fund of the costs of the bonds
issued for the purposes of RCW 43.99H.020(15).
(4) Any remaining balance in the state building and parking bond
redemption account after the final debt service payment shall be
transferred to the capitol campus reserve account.
Sec. 257 RCW 73.24.020 and 1937 c 36 s 1 are each amended to read
as follows:
The director of the department of ((finance, budget and business))
enterprise services is hereby authorized and directed to contract with
Olympia Lodge No. 1, F.& A.M., a corporation for the improvement and
perpetual care of the state veterans' plot in the Masonic cemetery at
Olympia; such care to include the providing of proper curbs and walks,
cultivating, reseeding and fertilizing grounds, repairing and resetting
the bases and monuments in place on the ground, leveling grounds, and
transporting and setting headstones for graves of persons hereafter
buried on the plot.
NEW SECTION. Sec. 258 The following acts or parts of acts are
each repealed:
(1) RCW 43.19.010 (Director -- Authority, appointment, salary) and
1999 c 229 s 1, 1993 c 472 s 19, 1988 c 25 s 10, 1975 1st ex.s. c 167
s 1, & 1965 c 8 s 43.19.010;
(2) RCW 43.19.1923 (General administration services account -- Use)
and 2001 c 292 s 3, 1998 c 105 s 6, 1991 sp.s. c 16 s 921, 1987 c 504
s 17, 1975-'76 2nd ex.s. c 21 s 12, 1967 ex.s. c 104 s 5, & 1965 c 8 s
43.19.1923;
(3) RCW 43.19.1925 (Combined purchases of commonly used items --
Advance payments by state agencies -- Costs of operating central stores)
and 1998 c 105 s 7, 1975 c 40 s 8, 1973 c 104 s 2, & 1965 c 8 s
43.19.1925;
(4) RCW 43.19.590 (Motor vehicle transportation service -- Transfer
of employees -- Retention of employment rights) and 1975 1st ex.s. c 167
s 8;
(5) RCW 43.19.595 (Motor vehicle transportation service -- Transfer
of motor vehicles, property, etc., from motor pool to department) and
2009 c 549 s 5067 & 1975 1st ex.s. c 167 s 9;
(6) RCW 43.19.615 (Motor vehicle transportation service -- Deposits -- Disbursements) and 2005 c 214 s 2, 1998 c 105 s 13, & 1975 1st ex.s. c
167 s 13;
(7) RCW 43.19.675 (Energy audits of state-owned facilities
required -- Completion dates) and 2001 c 214 s 26, 1982 c 48 s 2, & 1980
c 172 s 4;
(8) RCW 43.19.680 (Implementation of energy conservation and
maintenance procedures after walk-through survey -- Investment grade
audit -- Reports -- Contracts with energy service companies, staffing) and
2001 c 214 s 27, 1996 c 186 s 506, 1986 c 325 s 2, 1983 c 313 s 1, 1982
c 48 s 3, & 1980 c 172 s 5; and
(9) 2010 c 271 s 301.
NEW SECTION. Sec. 259 RCW 43.19.123 is decodified.
Sec. 301 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 or by private
printer)) department of enterprise services, 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. 302 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 the
state printing plant revolving fund by a like amount));
(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. 303 RCW 28B.10.029 and 2010 c 61 s 1 are each amended to
read as follows:
(1)(a) An institution of higher education may exercise
independently those powers otherwise granted to the director of
((general administration)) enterprise services 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.
(b) Property disposition policies followed by institutions of
higher education shall be consistent with policies followed by the
department of ((general administration)) enterprise services.
(c) 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.
(d) Purchases under chapter 39.29, 43.19, or 43.105 RCW by
institutions of higher education may be made by using contracts for
materials, supplies, services, or equipment negotiated or entered into
by, for, or through group purchasing organizations.
(e) The community and technical colleges shall comply with RCW
43.19.450.
(f) Except for the University of Washington, institutions of higher
education shall comply with RCW 43.41.310, 43.41.290, and 43.41.350 (as
recodified by this act).
(g) 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.
(h) 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))
enterprise services. Thereafter the director of ((general
administration)) enterprise services shall not be required to provide
those services for that institution for the duration of the ((general
administration)) enterprise services 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 in chapter 43.78
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 chapter 39.19 RCW. Any
institution of higher education that chooses to exercise independent
printing production or purchasing authority shall notify the public
printer. Thereafter the public printer shall not be required to
provide those services for that institution.))
Sec. 304 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 shall be delivered
directly to the center.))
Sec. 305 RCW 43.08.061 and 1993 c 38 s 1 are each amended to read
as follows:
The ((public printer shall print)) department of enterprise
services is responsible for the printing of 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. 306 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;
(2) RCW 43.78.020 (Bond) and 2009 c 549 s 5147 & 1965 c 8 s
43.78.020;
(3) RCW 43.78.030 (Duties -- Exceptions) and 2010 1st sp.s. c 37 s
927, 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;
(4) RCW 43.78.040 (Requisitions) and 1965 c 8 s 43.78.040;
(5) RCW 43.78.050 (Itemized statement of charges) and 1965 c 8 s
43.78.050;
(6) RCW 43.78.070 (Use of state plant -- Conditions -- Public printer's
salary) and 2009 c 549 s 5148, 1979 c 151 s 134, & 1965 c 8 s
43.78.070;
(7) 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;
(8) RCW 43.78.090 (Reprinting) and 1965 c 8 s 43.78.090;
(9) RCW 43.78.100 (Stock to be furnished) and 1993 c 379 s 106 &
1965 c 8 s 43.78.100;
(10) RCW 43.78.105 (Printing for institutions of higher education -- Interlocal agreements) and 1993 c 379 s 105;
(11) RCW 43.78.110 (Securing printing from private sources -- Definitions) and 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;
(12) RCW 43.78.170 (Recycled copy and printing paper requirement)
and 2009 c 356 s 5, 1996 c 198 s 3, & 1991 c 297 s 10;
(13) RCW 15.24.085 (Promotional printing not restricted by public
printer laws) and 2002 c 313 s 121 & 1961 c 11 s 15.24.085;
(14) RCW 15.62.190 (Promotional printing and literature -- Exempt
from public printing requirements) and 1989 c 5 s 19;
(15) RCW 16.67.170 (Promotional printing not restricted by public
printer laws) and 1969 c 133 s 16;
(16) RCW 40.04.030 (Session laws, legislative journals, supreme
court and court of appeals reports -- Duties of public printer,
publisher) and 1995 c 24 s 1, 1971 c 42 s 2, & 1941 c 150 s 3; and
(17) RCW 40.07.050 (Prohibition of state publications not in
accordance with RCW 40.07.030 -- Exceptions) and 1986 c 158 s 5 & 1977
ex.s. c 232 s 5.
NEW SECTION. Sec. 307 A new section is added to chapter 43.19
RCW to read as follows:
(1) 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.
(2) On the effective date of this section, the state treasurer
shall transfer any residual funds remaining in the state printing plant
revolving fund to the public printing revolving account established in
this section.
NEW SECTION. Sec. 308 A new section is added to chapter 43.19
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, 2011, 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, 2012, 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, 2012, 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. 309 A new section is added to chapter 43.19
RCW to read as follows:
(1) State agencies, boards, commissions, and institutions of higher
education requiring the services of a print shop may use public
printing services provided by the department. If a print job is put
out for bid, the department must be included in the bid solicitation.
All solicitations must be posted on the state's common vendor
registration and bid notification system and results provided to the
department. All bid specifications must encourage the use of recycled
paper and biodegradable ink must be used if feasible for the print job.
(2)(a) Except as provided in (b) of this subsection, the department
shall print all agency materials that contain sensitive or personally
identifiable information not publicly available.
(b) If it is more economically feasible to contract with a private
vendor for the printing of agency materials that contain sensitive or
personally identifiable information, the department shall require the
vendor to enter into a confidentiality agreement with the department to
protect the information that is provided as part of the print job.
NEW SECTION. Sec. 310 A new section is added to chapter 43.09
RCW to read as follows:
By November 1, 2016, building on the findings of the 2011 audit,
the state auditor shall conduct a comprehensive performance audit of
state printing services in accordance with RCW 43.09.470. Following
the audit in 2016, the state auditor shall conduct follow-up audits as
deemed necessary to ensure effective implementation of this act.
NEW SECTION. Sec. 311 A new section is added to chapter 43.19
RCW to read as follows:
For every printing job and binding job ordered by a state agency,
the agency shall consult with the department on how to choose more
economic and efficient options to reduce costs.
NEW SECTION. Sec. 312 A new section is added to chapter 43.19
RCW to read as follows:
To improve the efficiency and minimize the costs of agency-based
printing, the department shall establish rules and guidelines for all
agencies to use in managing their printing operations, including both
agency-based printing and those jobs that require the services of a
print shop, as based on the successes of implementation of existing
print management programs in state agencies. At a minimum, the rules
and guidelines must implement managed print strategies to track,
manage, and reduce agency-based printing.
NEW SECTION. Sec. 313 A new section is added to chapter 43.19
RCW to read as follows:
The department must determine which agencies have print shops and
prepare a recommendation, including proposed legislation by November
15, 2011, to transfer print shop personnel, equipment, and activities
of state agencies and institutions of higher education, as defined in
RCW 28B.10.016, to the department. A transfer under this section does
not imply that any print shop operations will close at the affected
agencies and institutions of higher education.
NEW SECTION. Sec. 314 A new section is added to chapter 43.19
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 five hundred 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 five hundred total annual average full-time
equivalent staff or less, as determined by the office of financial
management, are encouraged to cooperate with the office to standardize
envelopes under this section.
NEW SECTION. Sec. 315 RCW 43.78.130, 43.78.140, 43.78.150, and
43.78.160 are each recodified as sections in chapter
Sec. 401 RCW 41.06.020 and 1993 c 281 s 19 are each amended to
read as follows:
Unless the context clearly indicates otherwise, the words used in
this chapter have the meaning given in this section.
(1) "Agency" means an office, department, board, commission, or
other separate unit or division, however designated, of the state
government and all personnel thereof; it includes any unit of state
government established by law, the executive officer or members of
which are either elected or appointed, upon which the statutes confer
powers and impose duties in connection with operations of either a
governmental or proprietary nature.
(2) "Board" means the Washington personnel resources board
established under the provisions of RCW 41.06.110, except that this
definition does not apply to the words "board" or "boards" when used in
RCW 41.06.070.
(3) "Classified service" means all positions in the state service
subject to the provisions of this chapter.
(4) "Competitive service" means all positions in the classified
service for which a competitive examination is required as a condition
precedent to appointment.
(5) "Comparable worth" means the provision of similar salaries for
positions that require or impose similar responsibilities, judgments,
knowledge, skills, and working conditions.
(6) "Noncompetitive service" means all positions in the classified
service for which a competitive examination is not required.
(7) "Department" means an agency of government that has as its
governing officer a person, or combination of persons such as a
commission, board, or council, by law empowered to operate the agency
responsible either to (a) no other public officer or (b) the governor.
(8) "Career development" means the progressive development of
employee capabilities to facilitate productivity, job satisfaction, and
upward mobility through work assignments as well as education and
training that are both state-sponsored and are achieved by individual
employee efforts, all of which shall be consistent with the needs and
obligations of the state and its agencies.
(9) "Training" means activities designed to develop job-related
knowledge and skills of employees.
(10) "Director" means the human resources director ((of personnel
appointed under the provisions of RCW 41.06.130)) within the office of
financial management and appointed under section 430 of this act.
(11) "Affirmative action" means a procedure by which racial
minorities, women, persons in the protected age category, persons with
disabilities, Vietnam-era veterans, and disabled veterans are provided
with increased employment opportunities. It shall not mean any sort of
quota system.
(12) "Institutions of higher education" means the University of
Washington, Washington State University, Central Washington University,
Eastern Washington University, Western Washington University, The
Evergreen State College, and the various state community colleges.
(13) "Related boards" means the state board for community and
technical colleges; and such other boards, councils, and commissions
related to higher education as may be established.
Sec. 402 RCW 41.06.076 and 1997 c 386 s 1 are each amended to
read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the
provisions of this chapter shall not apply in the department of social
and health services to the secretary; the secretary's executive
assistant, if any; not to exceed six assistant secretaries, thirteen
division directors, six regional directors; one confidential secretary
for each of the above-named officers; not to exceed six bureau chiefs;
((all social worker V positions;)) and all superintendents of
institutions of which the average daily population equals or exceeds
one hundred residents((: PROVIDED, That each such confidential
secretary must meet the minimum qualifications for the class of
secretary II as determined by the Washington personnel resources board.)).
This section expires June 30, 2005
Sec. 403 RCW 41.06.080 and 1970 ex.s. c 12 s 2 are each amended
to read as follows:
Notwithstanding the provisions of this chapter, the ((department of
personnel)) office of financial management and the department of
enterprise services may make ((its)) their human resource services
available on request, on a reimbursable basis, to:
(1) Either the legislative or the judicial branch of the state
government;
(2) Any county, city, town, or other municipal subdivision of the
state;
(3) The institutions of higher learning;
(4) Any agency, class, or position set forth in RCW 41.06.070.
Sec. 404 RCW 41.06.093 and 1993 c 281 s 24 are each amended to
read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the
provisions of this chapter shall not apply in the Washington state
patrol to confidential secretaries of agency bureau chiefs, or their
functional equivalent, and a confidential secretary for the chief of
staff((: PROVIDED, That each confidential secretary must meet the
minimum qualifications for the class of secretary II as determined by
the Washington personnel resources board)).
Sec. 405 RCW 41.06.110 and 2002 c 354 s 210 are each amended to
read as follows:
(1) There is hereby created a Washington personnel resources board
composed of three members appointed by the governor, subject to
confirmation by the senate. The members of the personnel board serving
June 30, 1993, shall be the members of the Washington personnel
resources board, and they shall complete their terms as under the
personnel board. Each odd-numbered year thereafter the governor shall
appoint a member for a six-year term. Each member shall continue to
hold office after the expiration of the member's term until a successor
has been appointed. Persons so appointed shall have clearly
demonstrated an interest and belief in the merit principle, shall not
hold any other employment with the state, shall not have been an
officer of a political party for a period of one year immediately prior
to such appointment, and shall not be or become a candidate for
partisan elective public office during the term to which they are
appointed;
(2) Each member of the board shall be compensated in accordance
with RCW 43.03.250. The members of the board may receive any number of
daily payments for official meetings of the board actually attended.
Members of the board shall also be reimbursed for travel expenses
incurred in the discharge of their official duties in accordance with
RCW 43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all of its
members, and annually thereafter, the board shall elect a chair and
vice chair from among its members to serve one year. The presence of
at least two members of the board shall constitute a quorum to transact
business. A written public record shall be kept by the board of all
actions of the board. The director ((of personnel)) shall serve as
secretary.
(4) The board may appoint and compensate hearing officers to hear
and conduct appeals. Such compensation shall be paid on a contractual
basis for each hearing, in accordance with the provisions of chapter
43.88 RCW and rules adopted pursuant thereto, as they relate to
personal service contracts.
Sec. 406 RCW 41.06.120 and 1981 c 311 s 17 are each amended to
read as follows:
(1) In the necessary conduct of its work, the board shall meet
monthly unless there is no pending business requiring board action and
may hold hearings, such hearings to be called by (a) the chairman of
the board, or (b) a majority of the members of the board. An official
notice of the calling of the hearing shall be filed with the secretary,
and all members shall be notified of the hearing within a reasonable
period of time prior to its convening.
(2) No release of material or statement of findings shall be made
except with the approval of a majority of the board;
(3) In the conduct of hearings or investigations, a member of the
board or the director ((of personnel)), or the hearing officer, may
administer oaths.
Sec. 407 RCW 41.06.133 and 2010 c 2 s 3 and 2010 c 1 s 2 are each
reenacted and amended to read as follows:
(1) The director shall adopt rules, consistent with the purposes
and provisions of this chapter and with the best standards of personnel
administration, regarding the basis and procedures to be followed for:
(a) The reduction, dismissal, suspension, or demotion of an
employee;
(b) Training and career development;
(c) Probationary periods of six to twelve months and rejections of
probationary employees, depending on the job requirements of the class,
except ((that)) as follows:
(i) Entry level state park rangers shall serve a probationary
period of twelve months; and
(ii) The probationary period of campus police officer appointees
who are required to attend the Washington state criminal justice
training commission basic law enforcement academy shall extend from the
date of appointment until twelve months from the date of successful
completion of the basic law enforcement academy, or twelve months from
the date of appointment if academy training is not required. The
director shall adopt rules to ensure that employees promoting to campus
police officer who are required to attend the Washington state criminal
justice training commission basic law enforcement academy shall have
the trial service period extend from the date of appointment until
twelve months from the date of successful completion of the basic law
enforcement academy, or twelve months from the date of appointment if
academy training is not required;
(d) Transfers;
(e) Promotional preferences;
(f) Sick leaves and vacations;
(g) Hours of work;
(h) Layoffs when necessary and subsequent reemployment, except for
the financial basis for layoffs;
(i) The number of names to be certified for vacancies;
(j) Adoption and revision of a state salary schedule to reflect the
prevailing rates in Washington state private industries and other
governmental units. The rates in the salary schedules or plans shall
be increased if necessary to attain comparable worth under an
implementation plan under RCW 41.06.155 and, for institutions of higher
education and related boards, shall be competitive for positions of a
similar nature in the state or the locality in which an institution of
higher education or related board is located. Such adoption and
revision is subject to approval by the director of financial management
in accordance with chapter 43.88 RCW;
(k) Increment increases within the series of steps for each pay
grade based on length of service for all employees whose standards of
performance are such as to permit them to retain job status in the
classified service. From February 18, 2009, through June 30, 2011, a
salary or wage increase shall not be granted to any exempt position
under this chapter, except that a salary or wage increase may be
granted to employees pursuant to collective bargaining agreements
negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW, or
negotiated by the nonprofit corporation formed under chapter 67.40 RCW,
and except that increases may be granted for positions for which the
employer has demonstrated difficulty retaining qualified employees if
the following conditions are met:
(i) The salary increase can be paid within existing resources; and
(ii) The salary increase will not adversely impact the provision of
client services;
Any agency granting a salary increase from February 15, 2010,
through June 30, 2011, to a position exempt under this chapter shall
submit a report to the fiscal committees of the legislature no later
than July 31, 2011, detailing the positions for which salary increases
were granted, the size of the increases, and the reasons for giving the
increases;
(l) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make
a domiciliary move in accepting a transfer or other employment with the
state. An agency must provide lump sum compensation within existing
resources. If the person receiving the relocation payment terminates
or causes termination with the state, for reasons other than layoff,
disability separation, or other good cause as determined by an agency
director, within one year of the date of the employment, the state is
entitled to reimbursement of the lump sum compensation from the person;
(m) Providing for veteran's preference as required by existing
statutes, with recognition of preference in regard to layoffs and
subsequent reemployment for veterans and their surviving spouses by
giving such eligible veterans and their surviving spouses additional
credit in computing their seniority by adding to their unbroken state
service, as defined by the director, the veteran's service in the
military not to exceed five years. For the purposes of this section,
"veteran" means any person who has one or more years of active military
service in any branch of the armed forces of the United States or who
has less than one year's service and is discharged with a disability
incurred in the line of duty or is discharged at the convenience of the
government and who, upon termination of such service, has received an
honorable discharge, a discharge for physical reasons with an honorable
record, or a release from active military service with evidence of
service other than that for which an undesirable, bad conduct, or
dishonorable discharge shall be given. However, the surviving spouse
of a veteran is entitled to the benefits of this section regardless of
the veteran's length of active military service. For the purposes of
this section, "veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service and whose
military retirement pay is in excess of five hundred dollars per month.
(2) Rules adopted under this section by the director shall provide
for local administration and management by the institutions of higher
education and related boards, subject to periodic audit and review by
the director.
(3) Rules adopted by the director under this section may be
superseded by the provisions of a collective bargaining agreement
negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
supersession of such rules shall only affect employees in the
respective collective bargaining units.
(4)(a) The director shall require that each state agency report
annually the following data:
(i) The number of classified, Washington management service, and
exempt employees in the agency and the change compared to the previous
report;
(ii) The number of bonuses and performance-based incentives awarded
to agency staff and the base wages of such employees; and
(iii) The cost of each bonus or incentive awarded.
(b) A report that compiles the data in (a) of this subsection for
all agencies will be provided annually to the governor and the
appropriate committees of the legislature and must be posted for the
public on the ((department of personnel's)) office of financial
management's agency web site.
(5) From February 15, 2010, until June 30, 2011, no monetary
performance-based awards or incentives may be granted by the director
or employers to employees covered by rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in
chapter 41.60 RCW.
Sec. 408 RCW 41.06.142 and 2008 c 267 s 9 are each amended to
read as follows:
(1) Any department, agency, or institution of higher education may
purchase services, including services that have been customarily and
historically provided by employees in the classified service under this
chapter, by contracting with individuals, nonprofit organizations,
businesses, employee business units, or other entities if the following
criteria are met:
(a) The invitation for bid or request for proposal contains
measurable standards for the performance of the contract;
(b) Employees in the classified service whose positions or work
would be displaced by the contract are provided an opportunity to offer
alternatives to purchasing services by contract and, if these
alternatives are not accepted, compete for the contract under
competitive contracting procedures in subsection (4) of this section;
(c) The contract with an entity other than an employee business
unit includes a provision requiring the entity to consider employment
of state employees who may be displaced by the contract;
(d) The department, agency, or institution of higher education has
established a contract monitoring process to measure contract
performance, costs, service delivery quality, and other contract
standards, and to cancel contracts that do not meet those standards;
and
(e) The department, agency, or institution of higher education has
determined that the contract results in savings or efficiency
improvements. The contracting agency must consider the consequences
and potential mitigation of improper or failed performance by the
contractor.
(2) Any provision contrary to or in conflict with this section in
any collective bargaining agreement in effect on July 1, 2005, is not
effective beyond the expiration date of the agreement.
(3) Contracting for services that is expressly mandated by the
legislature or was authorized by law prior to July 1, 2005, including
contracts and agreements between public entities, shall not be subject
to the processes set forth in subsections (1), (4), and (5) of this
section.
(4) Competitive contracting shall be implemented as follows:
(a) At least ninety days prior to the date the contracting agency
requests bids from private entities for a contract for services
provided by classified employees, the contracting agency shall notify
the classified employees whose positions or work would be displaced by
the contract. The employees shall have sixty days from the date of
notification to offer alternatives to purchasing services by contract,
and the agency shall consider the alternatives before requesting bids.
(b) If the employees decide to compete for the contract, they shall
notify the contracting agency of their decision. Employees must form
one or more employee business units for the purpose of submitting a bid
or bids to perform the services.
(c) The ((director of personnel)) department of enterprise
services, with the advice and assistance of the ((department of general
administration)) office of financial management, shall develop and make
available to employee business units training in the bidding process
and general bid preparation.
(d) The director of ((general administration)) enterprise services,
with the advice and assistance of the ((department of personnel))
office of financial management, shall, by rule, establish procedures to
ensure that bids are submitted and evaluated in a fair and objective
manner and that there exists a competitive market for the service.
Such rules shall include, but not be limited to: (i) Prohibitions
against participation in the bid evaluation process by employees who
prepared the business unit's bid or who perform any of the services to
be contracted; (ii) provisions to ensure no bidder receives an
advantage over other bidders and that bid requirements are applied
equitably to all parties; and (iii) procedures that require the
contracting agency to receive complaints regarding the bidding process
and to consider them before awarding the contract. Appeal of an
agency's actions under this subsection is an adjudicative proceeding
and subject to the applicable provisions of chapter 34.05 RCW, the
administrative procedure act, with the final decision to be rendered by
an administrative law judge assigned under chapter 34.12 RCW.
(e) An employee business unit's bid must include the fully
allocated costs of the service, including the cost of the employees'
salaries and benefits, space, equipment, materials, and other costs
necessary to perform the function. An employee business unit's cost
shall not include the state's indirect overhead costs unless those
costs can be attributed directly to the function in question and would
not exist if that function were not performed in state service.
(f) A department, agency, or institution of higher education may
contract with the department of ((general administration)) enterprise
services to conduct the bidding process.
(5) As used in this section:
(a) "Employee business unit" means a group of employees who perform
services to be contracted under this section and who submit a bid for
the performance of those services under subsection (4) of this section.
(b) "Indirect overhead costs" means the pro rata share of existing
agency administrative salaries and benefits, and rent, equipment costs,
utilities, and materials associated with those administrative
functions.
(c) "Competitive contracting" means the process by which classified
employees of a department, agency, or institution of higher education
compete with businesses, individuals, nonprofit organizations, or other
entities for contracts authorized by subsection (1) of this section.
(6) The ((requirements)) processes set forth in subsections (1),
(4), and (5) of this section do not apply to:
(a) RCW 74.13.031(5);
(b) The acquisition of printing services by a state agency; and
(c) Contracting for services or activities by the department of
enterprise services under section 104 of this act and the department
may continue to contract for such services and activities after June
30, 2018.
(7) The processes set forth in subsections (1), (4), and (5) of
this section do not apply to the consolidated technology services
agency when contracting for services or activities as follows:
(a) Contracting for services and activities that are necessary to
establish, operate, or manage the state data center, including
architecture, design, engineering, installation, and operation of the
facility that are approved by the technology services board created in
section 715 of this act.
(b) Contracting for services and activities recommended by the
chief information officer through a business plan and approved by the
technology services board created in section 715 of this act.
Sec. 409 RCW 41.06.150 and 2002 c 371 s 906, 2002 c 354 s 203,
2002 c 354 s 202, and 2002 c 110 s 1 are each reenacted and amended to
read as follows:
The director shall adopt rules, consistent with the purposes and
provisions of this chapter and with the best standards of personnel
administration, regarding the basis and procedures to be followed for:
(1) Certification of names for vacancies;
(2) Examinations for all positions in the competitive and
noncompetitive service;
(3) Appointments;
(4) ((Adoption and revision of a comprehensive classification plan,
in accordance with rules adopted by the board under RCW 41.06.136, for
all positions in the classified service, based on investigation and
analysis of the duties and responsibilities of each such position and
allocation and reallocation of positions within the classification
plan.)) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if
such agency heads do not have specific statutory authority to so
delegate: PROVIDED, That the director may not authorize such
delegation to any position lower than the head of a major subdivision
of the agency;
(a) The director shall not adopt job classification revisions or
class studies unless implementation of the proposed revision or study
will result in net cost savings, increased efficiencies, or improved
management of personnel or services, and the proposed revision or study
has been approved by the director of financial management in accordance
with chapter 43.88 RCW.
(b) Reclassifications, class studies, and salary adjustments are
governed by (a) of this subsection and RCW 41.06.152;
(5)
(((6))) (5) Assuring persons who are or have been employed in
classified positions before July 1, 1993, will be eligible for
employment, reemployment, transfer, and promotion in respect to
classified positions covered by this chapter;
(((7))) (6) Affirmative action in appointment, promotion, transfer,
recruitment, training, and career development; development and
implementation of affirmative action goals and timetables; and
monitoring of progress against those goals and timetables.
The director shall consult with the human rights commission in the
development of rules pertaining to affirmative action. ((The
department of personnel shall transmit a report annually to the human
rights commission which states the progress each state agency has made
in meeting affirmative action goals and timetables.))
Rules adopted under this section by the director shall provide for
local administration and management by the institutions of higher
education and related boards, subject to periodic audit and review by
the director.
Sec. 410 RCW 41.06.152 and 2007 c 489 s 1 are each amended to
read as follows:
(1) The director shall adopt only those job classification
revisions, class studies, and salary adjustments under ((RCW
41.06.150(4))) section 411 of this act that:
(a) As defined by the director, are due to documented recruitment
or retention difficulties, salary compression or inversion,
classification plan maintenance, higher level duties and
responsibilities, or inequities; and
(b) Are such that the office of financial management has reviewed
the affected agency's fiscal impact statement and has concurred that
the affected agency can absorb the biennialized cost of the
reclassification, class study, or salary adjustment within the agency's
current authorized level of funding for the current fiscal biennium and
subsequent fiscal biennia.
(2) This section does not apply to the higher education hospital
special pay plan or to any adjustments to the classification plan under
((RCW 41.06.150(4))) section 411 of this act that are due to emergent
conditions. Emergent conditions are defined as emergency conditions
requiring the establishment of positions necessary for the preservation
of the public health, safety, or general welfare.
NEW SECTION. Sec. 411 A new section is added to chapter 41.06
RCW to read as follows:
(1) To promote the most effective use of the state's workforce and
improve the effectiveness and efficiency of the delivery of services to
the citizens of the state, the director shall adopt and maintain a
comprehensive classification plan for all positions in the classified
service. The classification plan must:
(a) Be simple and streamlined;
(b) Support state agencies in responding to changing technologies,
economic and social conditions, and the needs of its citizens;
(c) Value workplace diversity;
(d) Facilitate the reorganization and decentralization of
governmental services;
(e) Enhance mobility and career advancement opportunities; and
(f) Consider rates in other public employment and private
employment in the state.
(2) An appointing authority and an employee organization
representing classified employees of the appointing authority for
collective bargaining purposes may jointly request the human resources
director to initiate a classification study.
(3) For institutions of higher education and related boards, the
director may adopt special salary ranges to be competitive with
positions of a similar nature in the state or the locality in which the
institution of higher education or related board is located.
(4) The director may undertake salary surveys of positions in other
public and private employment to establish market rates. Any salary
survey information collected from private employers which identifies a
specific employer with salary rates which the employer pays to its
employees shall not be subject to public disclosure under chapter 42.56
RCW.
NEW SECTION. Sec. 412 A new section is added to chapter 41.06
RCW to read as follows:
The director of financial management shall adopt and maintain a
state salary schedule. Such adoption and revision is subject to
approval by the director in accordance with chapter 43.88 RCW.
Sec. 413 RCW 41.06.167 and 2005 c 274 s 279 are each amended to
read as follows:
The ((department of personnel)) human resources director shall
undertake comprehensive compensation surveys for officers and entry-level officer candidates of the Washington state patrol, with such
surveys to be conducted in the year prior to the convening of every
other one hundred five day regular session of the state legislature.
Salary and fringe benefit survey information collected from private
employers which identifies a specific employer with the salary and
fringe benefit rates which that employer pays to its employees shall
not be subject to public disclosure under chapter 42.56 RCW.
Sec.414 RCW 41.06.169 and 1985 c 461 s 3 are each amended to
read as follows:
After consultation with state agency heads, employee organizations,
and other interested parties, the ((state personnel)) director shall
develop standardized employee performance evaluation procedures and
forms which shall be used by state agencies for the appraisal of
employee job performance at least annually. These procedures shall
include means whereby individual agencies may supplement the
standardized evaluation process with special performance factors
peculiar to specific organizational needs. Performance evaluation
procedures shall place primary emphasis on recording how well the
employee has contributed to efficiency, effectiveness, and economy in
fulfilling state agency and job objectives.
Sec. 415 RCW 41.06.170 and 2009 c 534 s 3 are each amended to
read as follows:
(1) The director, in the adoption of rules governing suspensions
for cause, shall not authorize an appointing authority to suspend an
employee for more than fifteen calendar days as a single penalty or
more than thirty calendar days in any one calendar year as an
accumulation of several penalties. The director shall require that the
appointing authority give written notice to the employee not later than
one day after the suspension takes effect, stating the reasons for and
the duration thereof.
(2) Any employee who is reduced, dismissed, suspended, or demoted,
after completing his or her probationary period of service as provided
by the rules of the director, or any employee who is adversely affected
by a violation of the state civil service law, chapter 41.06 RCW, or
rules adopted under it, shall have the right to appeal, either
individually or through his or her authorized representative, not later
than thirty days after the effective date of such action ((to the
personnel appeals board through June 30, 2005, and)) to the Washington
personnel resources board ((after June 30, 2005)). The employee shall
be furnished with specified charges in writing when a reduction,
dismissal, suspension, or demotion action is taken. Such appeal shall
be in writing. Decisions of the Washington personnel resources board
on appeals filed after June 30, 2005, shall be final and not subject to
further appeal.
(3) Any employee whose position has been exempted after July 1,
1993, shall have the right to appeal, either individually or through
his or her authorized representative, not later than thirty days after
the effective date of such action to the ((personnel appeals board
through June 30, 2005, and to the)) Washington personnel resources
board ((after June 30, 2005)). If the position being exempted is
vacant, the exclusive bargaining unit representative may act in lieu of
an employee for the purposes of appeal.
(4) An employee incumbent in a position at the time of its
allocation or reallocation, or the agency utilizing the position, may
appeal the allocation or reallocation to the ((personnel appeals board
through December 31, 2005, and to the)) Washington personnel resources
board ((after December 31, 2005)). Notice of such appeal must be filed
in writing within thirty days of the action from which appeal is taken.
(5) Subsections (1) and (2) of this section do not apply to any
employee who is subject to the provisions of a collective bargaining
agreement negotiated under RCW 41.80.001 and 41.80.010 through
41.80.130.
Sec. 416 RCW 41.06.220 and 1961 c 1 s 22 are each amended to read
as follows:
(((1) An employee who is terminated from state service may request
the board to place his name on an appropriate reemployment list and the
board shall grant this request where the circumstances are found to
warrant reemployment.)) Any employee, when fully reinstated after appeal, shall be
guaranteed all employee rights and benefits, including back pay, sick
leave, vacation accrual, retirement and OASDI credits.
(2)
Sec. 417 RCW 41.06.260 and 1961 c 1 s 26 are each amended to read
as follows:
If any part of this chapter shall be found to be in conflict with
federal requirements which are a condition precedent to the allocation
of federal funds to the state, such conflicting part of this chapter is
hereby declared to be inoperative solely to the extent of such conflict
and with respect to the agencies directly affected, and such findings
or determination shall not affect the operation of the remainder of
this chapter in its application to the agencies concerned. The
((board))
office of financial management and the department of
enterprise services, as appropriate, shall make such rules and
regulations as may be necessary to meet federal requirements which are
a condition precedent to the receipt of federal funds by the state.
Sec. 418 RCW 41.06.270 and 2002 c 354 s 217 are each amended to
read as follows:
A disbursing officer shall not pay any employee holding a position
covered by this chapter unless the employment is in accordance with
this chapter or the rules, regulations and orders issued hereunder.
The directors of ((personnel)) enterprise services and financial
management shall jointly establish procedures for the certification of
payrolls.
Sec. 419 RCW 41.06.280 and 1993 c 379 s 309 are each amended to
read as follows:
There is hereby created a fund within the state treasury,
designated as the "((department of)) personnel service fund," to be
used by the ((board)) office of financial management and the department
of enterprise services as a revolving fund for the payment of salaries,
wages, and operations required for the administration of the provisions
of this chapter, applicable provisions of chapter 41.04 RCW, and
chapter 41.60 RCW. An amount not to exceed one and one-half percent of
the ((approved allotments of)) salaries and wages for all positions in
the classified service in each of the agencies subject to this chapter,
except the institutions of higher education, shall be charged to the
operations appropriations of each agency and credited to the
((department of)) personnel service fund as the allotments are approved
pursuant to chapter 43.88 RCW. Subject to the above limitations, the
amount shall be charged against the allotments pro rata, at a rate to
be fixed by the director from time to time which, together with income
derived from services rendered under RCW 41.06.080, will provide the
((department)) office of financial management and the department of
enterprise services with funds to meet its anticipated expenditures
during the allotment period, including the training requirements in RCW
41.06.500
The director ((of personnel)) shall fix the terms and charges for
services rendered by the department of ((personnel)) enterprise
services
and the office of financial management pursuant to RCW
41.06.080, which amounts shall be credited to the ((department of))
personnel service fund and charged against the proper fund or
appropriation of the recipient of such services on a ((quarterly))
monthly basis. Payment for services so rendered under RCW 41.06.080
shall be made on a ((quarterly)) monthly basis to the state treasurer
and deposited ((by him)) in the ((department of)) personnel service
fund.
Moneys from the ((department of)) personnel service fund shall be
disbursed by the state treasurer by warrants on vouchers duly
authorized by the ((board)) office of financial management and the
department of enterprise services.
Sec. 420 RCW 41.06.285 and 1998 c 245 s 41 are each amended to
read as follows:
(1) There is hereby created a fund within the state treasury,
designated as the "higher education personnel service fund," to be used
by the ((board)) office of financial management as a revolving fund for
the payment of salaries, wages, and operations required for the
administration of ((institutions of higher education and related
boards, the budget for which shall be subject to review and approval
and appropriation by the legislature)) the provisions of chapter 41.06
RCW and applicable provisions of chapters 41.04 and 41.60 RCW. Subject
to the requirements of subsection (2) of this section, an amount not to
exceed one-half of one percent of the salaries and wages for all
positions in the classified service shall be contributed from the
operations appropriations of each institution and the state board for
community and technical colleges and credited to the higher education
personnel service fund as such allotments are approved pursuant to
chapter 43.88 RCW. Subject to the above limitations, such amount shall
be charged against the allotments pro rata, at a rate to be fixed by
the director of financial management from time to time, which will
provide the ((board)) office of financial management with funds to meet
its anticipated expenditures during the allotment period.
(2) If employees of institutions of higher education cease to be
classified under this chapter pursuant to an agreement authorized by
RCW 41.56.201, each institution of higher education and the state board
for community and technical colleges shall continue, for six months
after the effective date of the agreement, to make contributions to the
higher education personnel service fund based on employee salaries and
wages that includes the employees under the agreement. At the
expiration of the six-month period, the director of financial
management shall make across-the-board reductions in allotments of the
higher education personnel service fund for the remainder of the
biennium so that the charge to the institutions of higher education and
state board for community and technical colleges based on the salaries
and wages of the remaining employees of institutions of higher
education and related boards classified under this chapter does not
increase during the biennium, unless an increase is authorized by the
legislature.
(3) Moneys from the higher education personnel service fund shall
be disbursed by the state treasurer by warrants on vouchers duly
authorized by the ((board)) office of financial management.
Sec. 421 RCW 41.06.350 and 2002 c 354 s 218 are each amended to
read as follows:
The director is authorized to receive federal funds now available
or hereafter made available for the assistance and improvement of
public personnel administration, which may be expended in addition to
the ((department of)) personnel service fund established by RCW
41.06.280.
Sec. 422 RCW 41.06.395 and 2007 c 76 s 1 are each amended to read
as follows:
The director shall adopt rules establishing guidelines for
policies, procedures, and mandatory training programs on sexual
harassment for state employees to be adopted by state agencies ((and
establishing)). The department of enterprise services shall establish
reporting requirements for state agencies on compliance with RCW
43.01.135.
Sec. 423 RCW 41.06.400 and 2002 c 354 s 219 are each amended to
read as follows:
(1) In addition to other powers and duties specified in this
chapter, the ((director)) department of enterprise services in
consultation with the office of financial management shall((,)):
(a) By rule, prescribe the purpose and minimum standards for
training and career development programs and, in so doing, regularly
consult with and consider the needs of individual agencies and
employees((.))
(2) In addition to other powers and duties specified in this
chapter, the director shall:
(a) Provide for the evaluation of training and career development
programs and plans of agencies. The director shall report the results
of such evaluations to the agency which is the subject of the
evaluation;
(b) Provide training and career development programs which may be
conducted more efficiently and economically on an interagency basis;
(c) Promote interagency sharing of resources for training and
career development;
(d) Monitor and review the impact of training and career
development programs to ensure that the responsibilities of the state
to provide equal employment opportunities are diligently carried out.
(((3))) (2) At an agency's request, the ((director)) department of
enterprise services may provide training and career development
programs for an agency's internal use which may be conducted more
efficiently and economically by the department of ((personnel))
enterprise services.
Sec. 424 RCW 41.06.410 and 2002 c 354 s 220 are each amended to
read as follows:
Each agency subject to the provisions of this chapter shall:
(1) Prepare an employee training and career development plan which
shall at least meet minimum standards established by the ((director.
A copy of such plan shall be submitted to the director for purposes of
administering the provisions of RCW 41.06.400(2))) department of
enterprise services;
(2) Provide for training and career development for its employees
in accordance with the agency plan;
(3) ((Report on its training and career development program
operations and costs to the director in accordance with reporting
procedures adopted by the director;)) Budget for training and career development in accordance with
procedures of the office of financial management.
(4)
Sec. 425 RCW
41.06.420 and 1980 c 118 s 6 are each amended to
read as follows:
(1) The ((board)) office of financial management, by rule, shall
prescribe the conditions under which an employee appointed to a
supervisory or management position after June 12, 1980, shall be
required to successfully complete an entry-level management training
course as approved by the director. Such training shall not be
required of any employee who has completed a management training course
prior to the employee's appointment which is, in the judgment of the
director, at least equivalent to the entry-level course required by
this section.
(2) The ((board)) office of financial management, by rule, shall
establish procedures for the suspension of the entry-level training
requirement in cases where the ability of an agency to perform its
responsibilities is adversely affected, or for the waiver of this
requirement in cases where a person has demonstrated experience as a
substitute for training.
(3) Agencies subject to the provisions of this chapter, in
accordance with rules prescribed by the ((board)) office of financial
management, shall designate individual positions, or groups of
positions, as being "supervisory" or "management" positions. Such
designations shall be subject to review by the director ((as part of
the director's evaluation of training and career development programs
prescribed by RCW 41.06.400(2))).
Sec. 426 RCW 41.06.476 and 2001 c 296 s 6 are each amended to
read as follows:
(1) The ((board)) office of financial management shall amend any
existing rules established under RCW 41.06.475 and adopt rules
developed in cooperation and agreement with the department of social
and health services to implement the provisions of chapter 296, Laws of
2001.
(2) The legislature's delegation of authority to the agency under
chapter 296, Laws of 2001 is strictly limited to:
(a) The minimum delegation necessary to administer the clear and
unambiguous directives of chapter 296, Laws of 2001; and
(b) The administration of circumstances and behaviors foreseeable
at the time of enactment.
Sec. 427 RCW 41.06.490 and 2002 c 354
s 223 are each amended to
read as follows:
(((1))) In addition to the rules adopted under RCW 41.06.150, the
director shall adopt rules establishing a state employee return-to-work
program. The program shall, at a minimum:
(((a))) (1) Direct each agency to adopt a return-to-work policy.
The program shall allow each agency program to take into consideration
the special nature of employment in the agency;
(((b))) (2) Provide for eligibility in the return-to-work program,
for a minimum of two years from the date the temporary disability
commenced, for any permanent employee who is receiving compensation
under RCW 51.32.090 and who is, by reason of his or her temporary
disability, unable to return to his or her previous work, but who is
physically capable of carrying out work of a lighter or modified
nature;
(((c) Allow opportunity for return-to-work statewide when
appropriate job classifications are not available in the agency that is
the appointing authority at the time of injury;)) (3) Require each agency to name an agency representative
responsible for coordinating the return-to-work program of the agency;
(d)
(((e))) (4) Provide that applicants receiving appointments for
classified service receive an explanation of the return-to-work policy;
(((f))) (5) Require training of supervisors on implementation of
the return-to-work policy, including but not limited to assessment of
the appropriateness of the return-to-work job for the employee; and
(((g))) (6) Coordinate participation of applicable employee
assistance programs, as appropriate.
(((2) The agency full-time equivalents necessary to implement the
return-to-work program established under this section shall be used
only for the purposes of the return-to-work program and the net
increase in full-time equivalents shall be temporary.))
Sec. 428 RCW 41.06.510 and 1993 c 281 s 10 are each amended to
read as follows:
Each institution of higher education and each related board shall
designate an officer who shall perform duties as personnel officer.
The personnel officer at each institution or related board shall
direct, supervise, and manage administrative and technical personnel
activities for the classified service at the institution or related
board consistent with policies established by the institution or
related board and in accordance with the provisions of this chapter and
the rules adopted under this chapter. Institutions may undertake
jointly with one or more other institutions to appoint a person
qualified to perform the duties of personnel officer, provide staff and
financial support and may engage consultants to assist in the
performance of specific projects. The services of the department of
((personnel)) enterprise services and the office of financial
management may also be used by the institutions or related boards
pursuant to RCW 41.06.080.
The state board for community and technical colleges shall have
general supervision and control over activities undertaken by the
various community colleges pursuant to this section.
Sec. 429 RCW 41.06.530 and 1993 c 281 s 12 are each amended to
read as follows:
(1) The legislature recognizes that:
(a) The labor market and the state government workforce are diverse
in terms of gender, race, ethnicity, age, and the presence of
disabilities.
(b) The state's personnel resource and management practices must be
responsive to the diverse nature of its workforce composition.
(c) Managers in all agencies play a key role in the implementation
of all critical personnel policies.
It is therefore the policy of the state to create an organizational
culture in state government that respects and values individual
differences and encourages the productive potential of every employee.
(2) To implement this policy((, the department shall)):
(a) The office of financial management shall, in consultation with
agencies, employee organizations, employees, institutions of higher
education, and related boards, review civil service rules and related
policies to ensure that they support the state's policy of valuing and
managing diversity in the workplace; and
(b) ((In consultation with agencies, employee organizations, and
employees, institutions of higher education, and related boards,
develop model policies, procedures, and technical information to be
made
available to such entities for the support of workplace diversity
programs, including, but not limited to:)) The department of enterprise services, in consultation with
agencies, employee organizations, and employees, institutions of higher
education, and related boards, develop training programs for all
managers to enhance their ability to implement diversity policies and
to provide a thorough grounding in all aspects of the state civil
service law and merit system rules, and how the proper implementation
and application thereof can facilitate and further the mission of the
agency.
(i) Voluntary mentorship programs;
(ii) Alternative testing practices for persons of disability where
deemed appropriate;
(iii) Career counseling;
(iv) Training opportunities, including management and employee
awareness and skills training, English as a second language, and
individual tutoring;
(v) Recruitment strategies;
(vi) Management performance appraisal techniques that focus on
valuing and managing diversity in the workplace; and
(vii) Alternative work arrangements;
(c)
(3) The department of enterprise services and the office of
financial management shall coordinate implementation of this section
with the ((office of financial management and)) institutions of higher
education and related boards to reduce duplication of effort.
NEW SECTION. Sec. 430 A new section is added to chapter 43.41
RCW to read as follows:
(1) The office of financial management shall direct and supervise
the personnel policy and application of the civil service laws, chapter
41.06 RCW.
(2) The human resources director is created in the office of
financial management. The human resources director shall be appointed
by the governor, and shall serve at the pleasure of the governor. The
director shall receive a salary in an amount fixed by the governor.
(3) The human resources director has the authority and shall
perform the functions as prescribed in chapter 41.06 RCW, or as
otherwise prescribed by law.
(4) The human resources director may delegate to any agency the
authority to perform administrative and technical personnel activities
if the agency requests such authority and the human resources director
is satisfied that the agency has the personnel management capabilities
to effectively perform the delegated activities. The human resources
director shall prescribe standards and guidelines for the performance
of delegated activities. If the human resources director determines
that an agency is not performing delegated activities within the
prescribed standards and guidelines, the director shall withdraw the
authority from the agency to perform such activities.
Sec. 431 RCW 34.05.030 and 2006 c 300 s 4 are each amended to
read as follows:
(1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate sentencing
review board with respect to persons who are in their custody or are
subject to the jurisdiction of those agencies.
(2) The provisions of RCW 34.05.410 through 34.05.598 shall not
apply:
(a) To adjudicative proceedings of the board of industrial
insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the
denial, suspension, or revocation of a driver's license by the
department of licensing;
(c) To the department of labor and industries where another statute
expressly provides for review of adjudicative proceedings of a
department action, order, decision, or award before the board of
industrial insurance appeals;
(d) To actions of the Washington personnel resources board ((or the
director of personnel)), the human resources director, or the office of
financial management and the department of enterprise services when
carrying out their duties under chapter 41.06 RCW;
(e) To adjustments by the department of revenue of the amount of
the surcharge imposed under RCW 82.04.261; or
(f) To the extent they are inconsistent with any provisions of
chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant
to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not
apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to:
(a) Reimbursement unit values, fee schedules, arithmetic conversion
factors, and similar arithmetic factors used to determine payment rates
that apply to goods and services purchased under contract for clients
eligible under chapter 74.09 RCW; and
(b) Adjustments by the department of revenue of the amount of the
surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically
excluded from the provisions of all or any part of the administrative
procedure act, shall be subject to the entire act.
Sec. 432 RCW 41.04.340 and 2002 c 354 s 227 are each amended to
read as follows:
(1) An attendance incentive program is established for all eligible
employees. As used in this section the term "eligible employee" means
any employee of the state, other than eligible employees of the
community and technical colleges and the state board for community and
technical colleges identified in RCW 28B.50.553, and teaching and
research faculty at the state and regional universities and The
Evergreen State College, entitled to accumulate sick leave and for whom
accurate sick leave records have been maintained. No employee may
receive compensation under this section for any portion of sick leave
accumulated at a rate in excess of one day per month. The state and
regional universities and The Evergreen State College shall maintain
complete and accurate sick leave records for all teaching and research
faculty.
(2) In January of the year following any year in which a minimum of
sixty days of sick leave is accrued, and each January thereafter, any
eligible employee may receive remuneration for unused sick leave
accumulated in the previous year at a rate equal to one day's monetary
compensation of the employee for each four full days of accrued sick
leave in excess of sixty days. Sick leave for which compensation has
been received shall be deducted from accrued sick leave at the rate of
four days for every one day's monetary compensation.
(3) At the time of separation from state service due to retirement
or death, an eligible employee or the employee's estate may elect to
receive remuneration at a rate equal to one day's current monetary
compensation of the employee for each four full days of accrued sick
leave.
(4) Remuneration or benefits received under this section shall not
be included for the purpose of computing a retirement allowance under
any public retirement system in this state.
(5) Except as provided in subsections (7) through (9) of this
section for employees not covered by chapter 41.06 RCW, this section
shall be administered, and rules shall be adopted to carry out its
purposes, by the human resources director ((of personnel)) for persons
subject to chapter 41.06 RCW: PROVIDED, That determination of classes
of eligible employees shall be subject to approval by the office of
financial management.
(6) Should the legislature revoke any remuneration or benefits
granted under this section, no affected employee shall be entitled
thereafter to receive such benefits as a matter of contractual right.
(7) In lieu of remuneration for unused sick leave at retirement as
provided in subsection (3) of this section, an agency head or designee
may with equivalent funds, provide eligible employees with a benefit
plan that provides for reimbursement for medical expenses. This plan
shall be implemented only after consultation with affected groups of
employees. For eligible employees covered by chapter 41.06 RCW,
procedures for the implementation of these plans shall be adopted by
the human resources director ((of personnel)). For eligible employees
exempt from chapter 41.06 RCW, and classified employees who have opted
out of coverage of chapter 41.06 RCW as provided in RCW 41.56.201,
implementation procedures shall be adopted by an agency head having
jurisdiction over the employees.
(8) Implementing procedures adopted by the human resources director
((of personnel)) or agency heads shall require that each medical
expense plan authorized by subsection (7) of this section apply to all
eligible employees in any one of the following groups: (a) Employees
in an agency; (b) employees in a major organizational subdivision of an
agency; (c) employees at a major operating location of an agency; (d)
exempt employees under the jurisdiction of an elected or appointed
Washington state executive; (e) employees of the Washington state
senate; (f) employees of the Washington state house of representatives;
(g) classified employees in a bargaining unit established by the
director of personnel; or (h) other group of employees defined by an
agency head that is not designed to provide an individual-employee
choice regarding participation in a medical expense plan. However,
medical expense plans for eligible employees in any of the groups under
(a) through (h) of this subsection who are covered by a collective
bargaining agreement shall be implemented only by written agreement
with the bargaining unit's exclusive representative and a separate
medical expense plan may be provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7) of this
section must require as a condition of participation in the plan that
employees in the group affected by the plan sign an agreement with the
employer. The agreement must include a provision to hold the employer
harmless should the United States government find that the employer or
the employee is in debt to the United States as a result of the
employee not paying income taxes due on the equivalent funds placed
into the plan, or as a result of the employer not withholding or
deducting a tax, assessment, or other payment on the funds as required
by federal law. The agreement must also include a provision that
requires an eligible employee to forfeit remuneration under subsection
(3) of this section if the employee belongs to a group that has been
designated to participate in the medical expense plan permitted under
this section and the employee refuses to execute the required
agreement.
Sec. 433 RCW 41.04.385 and 2006 c 265 s 201 are each amended to
read as follows:
The legislature finds that (1) demographic, economic, and social
trends underlie a critical and increasing demand for child care in the
state of Washington; (2) working parents and their children benefit
when the employees' child care needs have been resolved; (3) the state
of Washington should serve as a model employer by creating a supportive
atmosphere, to the extent feasible, in which its employees may meet
their child care needs; and (4) the state of Washington should
encourage the development of partnerships between state agencies, state
employees, state employee labor organizations, and private employers to
expand the availability of affordable quality child care. The
legislature finds further that resolving employee child care concerns
not only benefits the employees and their children, but may benefit the
employer by reducing absenteeism, increasing employee productivity,
improving morale, and enhancing the employer's position in recruiting
and retaining employees. Therefore, the legislature declares that it
is the policy of the state of Washington to assist state employees by
creating a supportive atmosphere in which they may meet their child
care needs. Policies and procedures for state agencies to address
employee child care needs will be the responsibility of the director of
((personnel)) enterprise services in consultation with the director of
the department of early learning and state employee representatives.
Sec. 434 RCW 41.04.395 and 1994 sp.s. c 9 s 801 are each amended
to read as follows:
(1) The disability accommodation revolving fund is created in the
custody of the state treasurer. Disbursements from the fund shall be
on authorization of the director of ((the department of personnel))
financial management or the director's designee. The fund is subject
to the allotment procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements. The fund shall be used
exclusively by state agencies to accommodate the unanticipated job site
or equipment needs of persons of disability in state employ.
(2) The director of ((the department of personnel)) financial
management or the director's designee shall consult with the governor's
committee on disability issues and employment regarding requests for
disbursements from the disability accommodation revolving fund. The
department shall establish application procedures, adopt criteria, and
provide technical assistance to users of the fund.
(3) Agencies that receive moneys from the disability accommodation
revolving fund shall return to the fund the amount received from the
fund by no later than the end of the first month of the following
fiscal biennium.
Sec. 435 RCW 41.04.665 and 2010 1st sp.s. c 32 s 10 and 2010 c
168 s 1 are each reenacted and amended to read as follows:
(1) An agency head may permit an employee to receive leave under
this section if:
(a)(i) The employee suffers from, or has a relative or household
member suffering from, an illness, injury, impairment, or physical or
mental condition which is of an extraordinary or severe nature;
(ii) The employee has been called to service in the uniformed
services;
(iii) A state of emergency has been declared anywhere within the
United States by the federal or any state government and the employee
has needed skills to assist in responding to the emergency or its
aftermath and volunteers his or her services to either a governmental
agency or to a nonprofit organization engaged in humanitarian relief in
the devastated area, and the governmental agency or nonprofit
organization accepts the employee's offer of volunteer services;
(iv) The employee is a victim of domestic violence, sexual assault,
or stalking; or
(v) During the 2009-2011 fiscal biennium only, the employee is
eligible to use leave in lieu of temporary layoff under section 3(5),
chapter 32, Laws of 2010 1st sp. sess.;
(b) The illness, injury, impairment, condition, call to service,
emergency volunteer service, or consequence of domestic violence,
sexual assault, temporary layoff under section 3(5), chapter 32, Laws
of 2010 1st sp. sess., or stalking has caused, or is likely to cause,
the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave are
justified;
(d) The employee has depleted or will shortly deplete his or her:
(i) Annual leave and sick leave reserves if he or she qualifies
under (a)(i) of this subsection;
(ii) Annual leave and paid military leave allowed under RCW
38.40.060 if he or she qualifies under (a)(ii) of this subsection; or
(iii) Annual leave if he or she qualifies under (a)(iii), (iv), or
(v) of this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) or (iv) of
this subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of this
subsection; and
(f) The employee has diligently pursued and been found to be
ineligible for benefits under chapter 51.32 RCW if he or she qualifies
under (a)(i) of this subsection.
(2) The agency head shall determine the amount of leave, if any,
which an employee may receive under this section. However, an employee
shall not receive a total of more than five hundred twenty-two days of
leave, except that, a supervisor may authorize leave in excess of five
hundred twenty-two days in extraordinary circumstances for an employee
qualifying for the shared leave program because he or she is suffering
from an illness, injury, impairment, or physical or mental condition
which is of an extraordinary or severe nature. Shared leave received
under the uniformed service shared leave pool in RCW 41.04.685 is not
included in this total.
(3) An employee may transfer annual leave, sick leave, and his or
her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of more
than ten days may request that the head of the agency for which the
employee works transfer a specified amount of annual leave to another
employee authorized to receive leave under subsection (1) of this
section. In no event may the employee request a transfer of an amount
of leave that would result in his or her annual leave account going
below ten days. For purposes of this subsection (3)(a), annual leave
does not accrue if the employee receives compensation in lieu of
accumulating a balance of annual leave.
(b) An employee may transfer a specified amount of sick leave to an
employee requesting shared leave only when the donating employee
retains a minimum of one hundred seventy-six hours of sick leave after
the transfer.
(c) An employee may transfer, under the provisions of this section
relating to the transfer of leave, all or part of his or her personal
holiday, as that term is defined under RCW 1.16.050, or as such
holidays are provided to employees by agreement with a school
district's board of directors if the leave transferred under this
subsection does not exceed the amount of time provided for personal
holidays under RCW 1.16.050.
(4) An employee of an institution of higher education under RCW
28B.10.016, school district, or educational service district who does
not accrue annual leave but does accrue sick leave and who has an
accrued sick leave balance of more than twenty-two days may request
that the head of the agency for which the employee works transfer a
specified amount of sick leave to another employee authorized to
receive leave under subsection (1) of this section. In no event may
such an employee request a transfer that would result in his or her
sick leave account going below twenty-two days. Transfers of sick
leave under this subsection are limited to transfers from employees who
do not accrue annual leave. Under this subsection, "sick leave" also
includes leave accrued pursuant to RCW 28A.400.300(2) or 28A.310.240(1)
with compensation for illness, injury, and emergencies.
(5) Transfers of leave made by an agency head under subsections (3)
and (4) of this section shall not exceed the requested amount.
(6) Leave transferred under this section may be transferred from
employees of one agency to an employee of the same agency or, with the
approval of the heads of both agencies, to an employee of another state
agency.
(7) While an employee is on leave transferred under this section,
he or she shall continue to be classified as a state employee and shall
receive the same treatment in respect to salary, wages, and employee
benefits as the employee would normally receive if using accrued annual
leave or sick leave.
(a) All salary and wage payments made to employees while on leave
transferred under this section shall be made by the agency employing
the person receiving the leave. The value of leave transferred shall
be based upon the leave value of the person receiving the leave.
(b) In the case of leave transferred by an employee of one agency
to an employee of another agency, the agencies involved shall arrange
for the transfer of funds and credit for the appropriate value of
leave.
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section if the
transfer would violate any constitutional or statutory restrictions on
the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under this section
only if and to the extent that the agency's existing appropriation
authority would prevent it from expending the funds received.
(iii) Where any questions arise in the transfer of funds or the
adjustment of appropriation authority, the director of financial
management shall determine the appropriate transfer or adjustment.
(8) Leave transferred under this section shall not be used in any
calculation to determine an agency's allocation of full time equivalent
staff positions.
(9) The value of any leave transferred under this section which
remains unused shall be returned at its original value to the employee
or employees who transferred the leave when the agency head finds that
the leave is no longer needed or will not be needed at a future time in
connection with the illness or injury for which the leave was
transferred or for any other qualifying condition. Before the agency
head makes a determination to return unused leave in connection with an
illness or injury, or any other qualifying condition, he or she must
receive from the affected employee a statement from the employee's
doctor verifying that the illness or injury is resolved. To the extent
administratively feasible, the value of unused leave which was
transferred by more than one employee shall be returned on a pro rata
basis.
(10) An employee who uses leave that is transferred to him or her
under this section may not be required to repay the value of the leave
that he or she used.
(11) The human resources director ((of personnel)) may adopt rules
as necessary to implement subsection (2)(((a) through (c))) of this
section.
Sec. 436 RCW 41.04.670 and 1993 c 281 s 18 are each amended to
read as follows:
The ((Washington personnel resources board)) office of financial
management and other personnel authorities shall each adopt rules
applicable to employees under their respective jurisdictions: (1)
Establishing appropriate parameters for the program which are
consistent with the provisions of RCW 41.04.650 through 41.04.665; (2)
providing for equivalent treatment of employees between their
respective jurisdictions and allowing transfers of leave in accordance
with RCW 41.04.665(5); (3) establishing procedures to ensure that the
program does not significantly increase the cost of providing leave;
and
(4) providing for the administration of the program and providing
for maintenance and collection of sufficient information on the program
to allow a thorough legislative review.
Sec. 437 RCW 41.04.680 and 2006 c 356 s 1 are each amended to
read as follows:
The ((department of personnel)) office of financial management and
other personnel authorities shall adopt rules or policies governing the
accumulation and use of sick leave for state agency and department
employees, expressly for the establishment of a plan allowing
participating employees to pool sick leave and allowing any sick leave
thus pooled to be used by any participating employee who has used all
of the sick leave, annual leave, and compensatory leave that has been
personally accrued by him or her. Each department or agency of the
state may allow employees to participate in a sick leave pool
established by the ((department of personnel)) office of financial
management and other personnel authorities.
(1) For purposes of calculating maximum sick leave that may be
donated or received by any one employee, pooled sick leave:
(a) Is counted and converted in the same manner as sick leave under
the Washington state leave sharing program as provided in this chapter;
and
(b) Does not create a right to sick leave in addition to the amount
that may be donated or received under the Washington state leave
sharing program as provided in this chapter.
(2) The ((department)) office of financial management and other
personnel authorities, except the personnel authorities for higher
education institutions, shall adopt rules which provide:
(a) That employees are eligible to participate in the sick leave
pool after one year of employment with the state or agency of the state
if the employee has accrued a minimum amount of unused sick leave, to
be established by rule;
(b) That participation in the sick leave pool shall, at all times,
be voluntary on the part of the employees;
(c) That any sick leave pooled shall be removed from the personally
accumulated sick leave balance of the employee contributing the leave;
(d) That any sick leave in the pool that is used by a participating
employee may be used only for the employee's personal illness,
accident, or injury;
(e) That a participating employee is not eligible to use sick leave
accumulated in the pool until all of his or her personally accrued
sick, annual, and compensatory leave has been used;
(f) A maximum number of days of sick leave in the pool that any one
employee may use;
(g) That a participating employee who uses sick leave from the pool
is not required to recontribute such sick leave to the pool, except as
otherwise provided in this section;
(h) That an employee who cancels his or her membership in the sick
leave pool is not eligible to withdraw the days of sick leave
contributed by that employee to the pool;
(i) That an employee who transfers from one position in state
government to another position in state government may transfer from
one pool to another if the eligibility criteria of the pools are
comparable and the administrators of the pools have agreed on a formula
for transfer of credits;
(j) That alleged abuse of the use of the sick leave pool shall be
investigated, and, on a finding of wrongdoing, the employee shall repay
all of the sick leave credits drawn from the sick leave pool and shall
be subject to such other disciplinary action as is determined by the
agency head;
(k) That sick leave credits may be drawn from the sick leave pool
by a part-time employee on a pro rata basis; and
(l) That each department or agency shall maintain accurate and
reliable records showing the amount of sick leave which has been
accumulated and is unused by employees, in accordance with guidelines
established by the department of personnel.
(3) Personnel authorities for higher education institutions shall
adopt policies consistent with the needs of the employees under their
respective jurisdictions.
Sec. 438 RCW 41.04.685 and 2007 c 25 s 1 are each amended to read
as follows:
(1) The uniformed service shared leave pool is created to allow
employees to donate leave to be used as shared leave for any employee
who has been called to service in the uniformed services and who meets
the requirements of RCW 41.04.665. Participation in the pool shall, at
all times, be voluntary on the part of the employee. The military
department, in consultation with the ((department of personnel and
the)) office of financial management, shall administer the uniformed
service shared leave pool.
(2) Employees as defined in subsection (10) of this section who are
eligible to donate leave under RCW 41.04.665 may donate leave to the
uniformed service shared leave pool.
(3) An employee as defined in subsection (10) of this section who
has been called to service in the uniformed services and is eligible
for shared leave under RCW 41.04.665 may request shared leave from the
uniformed service shared leave pool.
(4) It shall be the responsibility of the employee who has been
called to service to provide an earnings statement verifying military
salary, orders of service, and notification of a change in orders of
service or military salary.
(5) Shared leave under this section may not be granted unless the
pool has a sufficient balance to fund the requested shared leave for
the expected term of service.
(6) Shared leave paid under this section, in combination with
military salary, shall not exceed the level of the employee's state
monthly salary.
(7) Any leave donated shall be removed from the personally
accumulated leave balance of the employee donating the leave.
(8) An employee who receives shared leave from the pool is not
required to recontribute such leave to the pool, except as otherwise
provided in this section.
(9) Leave that may be donated or received by any one employee shall
be calculated as in RCW 41.04.665.
(10) As used in this section:
(a) "Employee" has the meaning provided in RCW 41.04.655, except
that "employee" as used in this section does not include employees of
school districts and educational service districts.
(b) "Service in the uniformed services" has the meaning provided in
RCW 41.04.655.
(c) "Military salary" includes base, specialty, and other pay, but
does not include allowances such as the basic allowance for housing.
(d) "Monthly salary" includes monthly salary and special pay and
shift differential, or the monthly equivalent for hourly employees.
"Monthly salary" does not include:
(i) Overtime pay;
(ii) Call back pay;
(iii) Standby pay; or
(iv) Performance bonuses.
(11) The ((department of personnel)) office of financial
management, in consultation with the military department ((and the
office of financial management)), shall adopt rules and policies
governing the donation and use of shared leave from the uniformed
service shared leave pool, including definitions of pay and allowances
and guidelines for agencies to use in recordkeeping concerning shared
leave.
(12) Agencies shall investigate any alleged abuse of the uniformed
service shared leave pool and on a finding of wrongdoing, the employee
may be required to repay all of the shared leave received from the
uniformed service shared leave pool.
(13) Higher education institutions shall adopt policies consistent
with the needs of the employees under their respective jurisdictions.
Sec. 439 RCW 41.04.720 and 1990 c 60 s 303 are each amended to
read as follows:
The director of ((human resources)) enterprise services shall:
(1) Administer the state employee assistance program to assist
employees who have personal problems that adversely affect their job
performance or have the potential of doing so;
(2) Develop policies, procedures, and activities for the program;
(3) Encourage and promote the voluntary use of the employee
assistance program by increasing employee awareness and disseminating
educational materials;
(4) Provide technical assistance and training to agencies on how to
use the employee assistance program;
(5) Assist and encourage supervisors to identify and refer
employees with problems that impair their performance by incorporating
proper use of the program in management training, management
performance criteria, ongoing communication with agencies, and other
appropriate means;
(6) Offer substance abuse prevention and awareness activities to be
provided through the employee assistance program and the state employee
wellness program;
(7) Monitor and evaluate the effectiveness of the program,
including the collection, analysis, and publication of relevant
statistical information; and
(8) Consult with state agencies, institutions of higher education,
and employee organizations in carrying out the purposes of RCW
41.04.700 through 41.04.730.
Sec. 440 RCW 41.04.770 and 1997 c 287 s 4 are each amended to
read as follows:
The department of social and health services and the department of
((personnel)) enterprise services shall, after consultation with
supported employment provider associations and other interested
parties, encourage, educate, and assist state agencies in implementing
supported employment programs. The department of ((personnel))
enterprise services shall provide human resources technical assistance
to agencies implementing supported employment programs. ((The
department of personnel shall make available, upon request of the
legislature, an annual report that evaluates the overall progress of
supported employment in state government.))
Sec. 441 RCW 41.07.020 and 1979 c 151 s 62 are each amended to
read as follows:
The department of ((personnel)) enterprise services is authorized
to administer, maintain, and operate the central personnel-payroll
system and to provide its services for any state agency designated
jointly by the director of the department of ((personnel)) enterprise
services and the director of financial management.
The system shall be operated through state data processing centers.
State agencies shall convert personnel and payroll processing to the
central personnel-payroll system as soon as administratively and
technically feasible as determined by the office of financial
management and the department of ((personnel)) enterprise services. It
is the intent of the legislature to provide, through the central
personnel-payroll system, for uniform reporting to the office of
financial management and to the legislature regarding salaries and
related costs, and to reduce present costs of manual procedures in
personnel and payroll record keeping and reporting.
Sec. 442 RCW 41.07.030 and 1975 1st ex.s. c 239 s 3 are each
amended to read as follows:
The costs of administering, maintaining, and operating the central
personnel-payroll system shall be distributed to the using state
agencies. In order to insure proper and equitable distribution of
costs the department of ((personnel)) enterprise services shall utilize
cost accounting procedures to identify all costs incurred in the
administration, maintenance, and operation of the central personnel-payroll system. In order to facilitate proper and equitable
distribution of costs to the using state agencies the department of
((personnel)) enterprise services is authorized to utilize the data
processing revolving fund created by RCW 43.105.080 (as recodified by
this act) and the ((department of)) personnel service fund created by
RCW 41.06.280.
Sec. 443 RCW 41.60.015 and 2000 c 139 s 1 are each amended to
read as follows:
(1) There is hereby created the productivity board, which may also
be known as the employee involvement and recognition board. The board
shall administer the employee suggestion program and the teamwork
incentive program under this chapter.
(2) The board shall be composed of:
(a) The secretary of state who shall act as chairperson;
(b) ((The director of personnel appointed under the provisions of
RCW 41.06.130 or the director's designee;)) The director of financial management or the director's
designee;
(c)
(((d))) (c) The director of ((general administration)) enterprise
services or the director's designee;
(((e))) (d) Three persons with experience in administering
incentives such as those used by industry, with the governor,
lieutenant governor, and speaker of the house of representatives each
appointing one person. The governor's appointee shall be a
representative of an employee organization certified as an exclusive
representative of at least one bargaining unit of classified employees;
(((f))) (e) Two persons representing state agencies and
institutions with employees subject to chapter 41.06 RCW, and one
person representing those subject to chapter 28B.16 RCW, both appointed
by the governor; and
(((g))) (f) In addition, the governor and board chairperson may
jointly appoint persons to the board on an ad hoc basis. Ad hoc
members shall serve in an advisory capacity and shall not have the
right to vote.
Members under subsection (2)(((e)))(d) and (((f))) (e) of this
section shall be appointed to serve three-year terms.
Members of the board appointed pursuant to subsection (2)(((e)))(d)
of this section may be compensated in accordance with RCW 43.03.240.
Any board member who is not a state employee may be reimbursed for
travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 444 RCW 41.80.005 and 2002 c 354 s 321 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agency" means any agency as defined in RCW 41.06.020 and
covered by chapter 41.06 RCW.
(2) "Collective bargaining" means the performance of the mutual
obligation of the representatives of the employer and the exclusive
bargaining representative to meet at reasonable times and to bargain in
good faith in an effort to reach agreement with respect to the subjects
of bargaining specified under RCW 41.80.020. The obligation to bargain
does not compel either party to agree to a proposal or to make a
concession, except as otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission.
(4) "Confidential employee" means an employee who, in the regular
course of his or her duties, assists in a confidential capacity persons
who formulate, determine, and effectuate management policies with
regard to labor relations or who, in the regular course of his or her
duties, has authorized access to information relating to the
effectuation or review of the employer's collective bargaining
policies, or who assists or aids a manager. "Confidential employee"
also
includes employees who assist assistant attorneys general who
advise and represent managers or confidential employees in personnel or
labor relations matters, or who advise or represent the state in tort
actions.
(5) "Director" means the director of the public employment
relations commission.
(6) "Employee" means any employee, including employees whose work
has ceased in connection with the pursuit of lawful activities
protected by this chapter, covered by chapter 41.06 RCW, except:
(a) Employees covered for collective bargaining by chapter 41.56
RCW;
(b) Confidential employees;
(c) Members of the Washington management service;
(d) Internal auditors in any agency; or
(e) Any employee of the commission, the office of financial
management, ((or the department of personnel)) or the office of risk
management within the department of enterprise services.
(7) "Employee organization" means any organization, union, or
association in which employees participate and that exists for the
purpose, in whole or in part, of collective bargaining with employers.
(8) "Employer" means the state of Washington.
(9) "Exclusive bargaining representative" means any employee
organization that has been certified under this chapter as the
representative of the employees in an appropriate bargaining unit.
(10) "Institutions of higher education" means the University of
Washington, Washington State University, Central Washington University,
Eastern Washington University, Western Washington University, The
Evergreen State College, and the various state community colleges.
(11) "Labor dispute" means any controversy concerning terms,
tenure, or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment with
respect to the subjects of bargaining provided in this chapter,
regardless of whether the disputants stand in the proximate relation of
employer and employee.
(12) "Manager" means "manager" as defined in RCW 41.06.022.
(13) "Supervisor" means an employee who has authority, in the
interest of the employer, to hire, transfer, suspend, lay off, recall,
promote, discharge, direct, reward, or discipline employees, or to
adjust employee grievances, or effectively to recommend such action, if
the exercise of the authority is not of a merely routine nature but
requires the consistent exercise of individual judgment. However, no
employee who is a member of the Washington management service may be
included in a collective bargaining unit established under this
section.
(14) "Unfair labor practice" means any unfair labor practice listed
in RCW 41.80.110.
Sec. 445 RCW 41.80.020 and 2010 c 283 s 16 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, the matters
subject to bargaining include wages, hours, and other terms and
conditions of employment, and the negotiation of any question arising
under a collective bargaining agreement.
(2) The employer is not required to bargain over matters pertaining
to:
(a) Health care benefits or other employee insurance benefits,
except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(c) Rules of the human resources director ((of personnel)), the
director of enterprise services, or the Washington personnel resources
board adopted under ((section 203, chapter 354, Laws of 2002)) section
411 of this act.
(3) Matters subject to bargaining include the number of names to be
certified for vacancies, promotional preferences, and the dollar amount
expended on behalf of each employee for health care benefits. However,
except as provided otherwise in this subsection for institutions of
higher education, negotiations regarding the number of names to be
certified for vacancies, promotional preferences, and the dollar amount
expended on behalf of each employee for health care benefits shall be
conducted between the employer and one coalition of all the exclusive
bargaining representatives subject to this chapter. The exclusive
bargaining representatives for employees that are subject to chapter
47.64 RCW shall bargain the dollar amount expended on behalf of each
employee for health care benefits with the employer as part of the
coalition under this subsection. Any such provision agreed to by the
employer and the coalition shall be included in all master collective
bargaining agreements negotiated by the parties. For institutions of
higher education, promotional preferences and the number of names to be
certified for vacancies shall be bargained under the provisions of RCW
41.80.010(4).
(4) The employer and the exclusive bargaining representative shall
not agree to any proposal that would prevent the implementation of
approved affirmative action plans or that would be inconsistent with
the comparable worth agreement that provided the basis for the salary
changes implemented beginning with the 1983-1985 biennium to achieve
comparable worth.
(5) The employer and the exclusive bargaining representative shall
not bargain over matters pertaining to management rights established in
RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a conflict
exists between an executive order, administrative rule, or agency
policy relating to wages, hours, and terms and conditions of employment
and a collective bargaining agreement negotiated under this chapter,
the collective bargaining agreement shall prevail. A provision of a
collective bargaining agreement that conflicts with the terms of a
statute is invalid and unenforceable.
(7) This section does not prohibit bargaining that affects
contracts authorized by RCW 41.06.142.
Sec. 446 RCW 42.16.010 and 2008 c 186 s 1 are each amended to
read as follows:
(1) Except as provided otherwise in subsections (2) and (3) of this
section, all state officers and employees shall be paid for services
rendered from the first day of the month through the fifteenth day of
the month and for services rendered from the sixteenth day of the month
through the last calendar day of the month. Paydates for these two pay
periods shall be established by the director of financial management
through the administrative hearing process and the official paydates
shall be established six months prior to the beginning of each
subsequent calendar year. Under no circumstance shall the paydate be
established more than ten days after the pay period in which the wages
are earned except when the designated paydate falls on Sunday, in which
case the paydate shall not be later than the following Monday. Payment
shall be deemed to have been made by the established paydates if: (a)
The salary warrant is available at the geographic work location at
which the warrant is normally available to the employee; or (b) the
salary has been electronically transferred into the employee's account
at the employee's designated financial institution; or (c) the salary
warrants are mailed at least two days before the established paydate
for those employees engaged in work in remote or varying locations from
the geographic location at which the payroll is prepared, provided that
the employee has requested payment by mail.
The office of financial management shall develop the necessary
policies and operating procedures to assure that all remuneration for
services rendered including basic salary, shift differential, standby
pay, overtime, penalty pay, salary due based on contractual agreements,
and special pay provisions, as provided for by law, ((Washington
personnel resources board rules,)) agency policy or rule, or contract,
shall be available to the employee on the designated paydate.
Overtime, penalty pay, and special pay provisions may be paid by the
next following paydate if the postponement of payment is attributable
to: The employee's not making a timely or accurate report of the facts
which are the basis for the payment, or the employer's lack of
reasonable opportunity to verify the claim.
Compensable benefits payable because of separation from state
service shall be paid with the earnings for the final period worked
unless the employee separating has not provided the agency with the
proper notification of intent to terminate.
One-half of the employee's basic monthly salary shall be paid in
each pay period. Employees paid on an hourly basis or employees who
work less than a full pay period shall be paid for actual salary
earned.
(2) Subsection (1) of this section shall not apply in instances
where it would conflict with contractual rights or, with the approval
of the office of financial management, to short-term, intermittent,
noncareer state employees, to student employees of institutions of
higher education, to national or state guard members participating in
state active duty, and to liquor control agency managers who are paid
a percentage of monthly liquor sales.
(3) When a national or state guard member is called to participate
in state active duty, the paydate shall be no more than seven days
following completion of duty or the end of the pay period, whichever is
first. When the seventh day falls on Sunday, the paydate shall not be
later than the following Monday. This subsection shall apply only to
the pay a national or state guard member receives from the military
department for state active duty.
(4) Notwithstanding subsections (1) and (2) of this section, a
bargained contract at an institution of higher education may include a
provision for paying part-time academic employees on a pay schedule
that coincides with all the paydays used for full-time academic
employees.
Sec. 447 RCW 42.17.370 and 2010 1st sp.s. c 7 s 4 are each
amended to read as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which
rules shall be adopted under chapter 34.05 RCW. Any rule relating to
campaign finance, political advertising, or related forms that would
otherwise take effect after June 30th of a general election year shall
take effect no earlier than the day following the general election in
that year;
(2) Appoint and set, within the limits established by the
((department of personnel)) office of financial management under RCW
43.03.028, the compensation of an executive director who shall perform
such duties and have such powers as the commission may prescribe and
delegate to implement and enforce this chapter efficiently and
effectively. The commission shall not delegate its authority to adopt,
amend, or rescind rules nor shall it delegate authority to determine
whether an actual violation of this chapter has occurred or to assess
penalties for such violations;
(3) Prepare and publish such reports and technical studies as in
its judgment will tend to promote the purposes of this chapter,
including reports and statistics concerning campaign financing,
lobbying, financial interests of elected officials, and enforcement of
this chapter;
(4) Make from time to time, on its own motion, audits and field
investigations;
(5) Make public the time and date of any formal hearing set to
determine whether a violation has occurred, the question or questions
to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence and require the production of any books,
papers, correspondence, memorandums, or other records relevant or
material for the purpose of any investigation authorized under this
chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of
obligations to comply with the provisions of this chapter relating to
election campaigns, if they have not received contributions nor made
expenditures in connection with any election campaign of more than one
thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of and reporting on a quarterly basis costs incurred by state
agencies, counties, cities, and other municipalities and political
subdivisions in preparing, publishing, and distributing legislative
information. The term "legislative information," for the purposes of
this subsection, means books, pamphlets, reports, and other materials
prepared, published, or distributed at substantial cost, a substantial
purpose of which is to influence the passage or defeat of any
legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules, accounts,
and reports and make appropriate findings, comments, and
recommendations in his or her examination reports concerning those
agencies;
(10) After hearing, by order approved and ratified by a majority of
the membership of the commission, suspend or modify any of the
reporting requirements of this chapter in a particular case if it finds
that literal application of this chapter works a manifestly
unreasonable hardship and if it also finds that the suspension or
modification will not frustrate the purposes of the chapter. The
commission shall find that a manifestly unreasonable hardship exists if
reporting the name of an entity required to be reported under RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the competitive
position of any entity in which the person filing the report or any
member of his or her immediate family holds any office, directorship,
general partnership interest, or an ownership interest of ten percent
or more. Any suspension or modification shall be only to the extent
necessary to substantially relieve the hardship. The commission shall
act to suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof of the
findings required under this section. Requests for renewals of
reporting modifications may be heard in a brief adjudicative proceeding
as set forth in RCW 34.05.482 through 34.05.494 and in accordance with
the standards established in this section. No initial request may be
heard in a brief adjudicative proceeding and no request for renewal may
be heard in a brief adjudicative proceeding if the initial request was
granted more than three years previously or if the applicant is holding
an office or position of employment different from the office or
position held when the initial request was granted. The commission
shall adopt administrative rules governing the proceedings. Any
citizen has standing to bring an action in Thurston county superior
court to contest the propriety of any order entered under this section
within one year from the date of the entry of the order; ((and))
(11) Revise, at least once every five years but no more often than
every two years, the monetary reporting thresholds and reporting code
values of this chapter. The revisions shall be only for the purpose of
recognizing economic changes as reflected by an inflationary index
recommended by the office of financial management. The revisions shall
be guided by the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the
month of December preceding the month the revision is adopted. As to
each of the three general categories of this chapter (reports of
campaign finance, reports of lobbyist activity, and reports of the
financial affairs of elected and appointed officials), the revisions
shall equally affect all thresholds within each category. Revisions
shall be adopted as rules under chapter 34.05 RCW. The first revision
authorized by this subsection shall reflect economic changes from the
time of the last legislative enactment affecting the respective code or
threshold through December 1985; and
(12) Develop and provide to filers a system for certification of
reports required under this chapter which are transmitted by facsimile
or electronically to the commission. Implementation of the program is
contingent on the availability of funds.
Sec. 448 RCW
42.17A.110 and 2010 1st sp.s. c 7 s 4 and 2010 c 204
s 303 are each reenacted and amended to read as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative
rules to carry out the policies and purposes of this chapter, which
rules shall be adopted under chapter 34.05 RCW. Any rule relating to
campaign finance, political advertising, or related forms that would
otherwise take effect after June 30th of a general election year shall
take effect no earlier than the day following the general election in
that year;
(2) Appoint and set, within the limits established by the
((committee on agency officials' salaries)) office of financial
management under RCW 43.03.028, the compensation of an executive
director who shall perform such duties and have such powers as the
commission may prescribe and delegate to implement and enforce this
chapter efficiently and effectively. The commission shall not delegate
its authority to adopt, amend, or rescind rules nor shall it delegate
authority to determine whether an actual violation of this chapter has
occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in
its judgment will tend to promote the purposes of this chapter,
including reports and statistics concerning campaign financing,
lobbying, financial interests of elected officials, and enforcement of
this chapter;
(4) Make from time to time, on its own motion, audits and field
investigations;
(5) Make public the time and date of any formal hearing set to
determine whether a violation has occurred, the question or questions
to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel
attendance, take evidence and require the production of any books,
papers, correspondence, memorandums, or other records relevant or
material for the purpose of any investigation authorized under this
chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of
obligations to comply with the provisions of this chapter relating to
election campaigns, if they have not received contributions nor made
expenditures in connection with any election campaign of more than one
thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping
accounts of and reporting on a quarterly basis costs incurred by state
agencies, counties, cities, and other municipalities and political
subdivisions in preparing, publishing, and distributing legislative
information. The term "legislative information," for the purposes of
this subsection, means books, pamphlets, reports, and other materials
prepared, published, or distributed at substantial cost, a substantial
purpose of which is to influence the passage or defeat of any
legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules, accounts,
and reports and make appropriate findings, comments, and
recommendations in his or her examination reports concerning those
agencies;
(10) After hearing, by order approved and ratified by a majority of
the membership of the commission, suspend or modify any of the
reporting requirements of this chapter in a particular case if it finds
that literal application of this chapter works a manifestly
unreasonable hardship and if it also finds that the suspension or
modification will not frustrate the purposes of the chapter. The
commission shall find that a manifestly unreasonable hardship exists if
reporting the name of an entity required to be reported under RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the competitive
position of any entity in which the person filing the report or any
member of his or her immediate family holds any office, directorship,
general partnership interest, or an ownership interest of ten percent
or more. Any suspension or modification shall be only to the extent
necessary to substantially relieve the hardship. The commission shall
act to suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof of the
findings required under this section. Requests for renewals of
reporting modifications may be heard in a brief adjudicative proceeding
as set forth in RCW 34.05.482 through 34.05.494 and in accordance with
the standards established in this section. No initial request may be
heard in a brief adjudicative proceeding and no request for renewal may
be heard in a brief adjudicative proceeding if the initial request was
granted more than three years previously or if the applicant is holding
an office or position of employment different from the office or
position held when the initial request was granted. The commission
shall adopt administrative rules governing the proceedings. Any
citizen has standing to bring an action in Thurston county superior
court to contest the propriety of any order entered under this section
within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than
every two years, the monetary reporting thresholds and reporting code
values of this chapter. The revisions shall be only for the purpose of
recognizing economic changes as reflected by an inflationary index
recommended by the office of financial management. The revisions shall
be guided by the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the
month of December preceding the month the revision is adopted. As to
each of the three general categories of this chapter (reports of
campaign finance, reports of lobbyist activity, and reports of the
financial affairs of elected and appointed officials), the revisions
shall equally affect all thresholds within each category. Revisions
shall be adopted as rules under chapter 34.05 RCW. The first revision
authorized by this subsection shall reflect economic changes from the
time of the last legislative enactment affecting the respective code or
threshold through December 1985;
(12) Develop and provide to filers a system for certification of
reports required under this chapter which are transmitted by facsimile
or electronically to the commission. Implementation of the program is
contingent on the availability of funds.
Sec. 449 RCW 43.01.040 and 2009 c 549 s 5001 are each amended to
read as follows:
Each subordinate officer and employee of the several offices,
departments, and institutions of the state government shall be entitled
under their contract of employment with the state government to not
less than one working day of vacation leave with full pay for each
month of employment if said employment is continuous for six months.
Each such subordinate officer and employee shall be entitled under
such contract of employment to not less than one additional working day
of vacation with full pay each year for satisfactorily completing the
first two, three and five continuous years of employment respectively.
Such part time officers or employees of the state government who
are employed on a regular schedule of duration of not less than one
year shall be entitled under their contract of employment to that
fractional part of the vacation leave that the total number of hours of
such employment bears to the total number of hours of full time
employment.
Each subordinate officer and employee of the several offices,
departments and institutions of the state government shall be entitled
under his or her contract of employment with the state government to
accrue unused vacation leave not to exceed thirty working days.
Officers and employees transferring within the several offices,
departments and institutions of the state government shall be entitled
to transfer such accrued vacation leave to each succeeding state
office, department or institution. All vacation leave shall be taken
at the time convenient to the employing office, department or
institution: PROVIDED, That if a subordinate officer's or employee's
request for vacation leave is deferred by reason of the convenience of
the employing office, department or institution, and a statement of the
necessity therefor is ((filed by such employing office, department or
institution with the appropriate personnel board or other state agency
or officer)) retained by the agency, then the aforesaid maximum thirty
working days of accrued unused vacation leave shall be extended for
each month said leave is so deferred.
Sec. 450 RCW 43.01.135 and 2007 c 76 s 2 are each amended to read
as follows:
Agencies as defined in RCW 41.06.020, except for institutions of
higher education, shall:
(1) Update or develop and disseminate among all agency employees
and contractors a policy that:
(a) Defines and prohibits sexual harassment in the workplace;
(b) Includes procedures that describe how the agency will address
concerns of employees who are affected by sexual harassment in the
workplace;
(c) Identifies appropriate sanctions and disciplinary actions; and
(d) Complies with guidelines adopted by the director of personnel
under RCW 41.06.395;
(2) Respond promptly and effectively to sexual harassment concerns;
(3) Conduct training and education for all employees in order to
prevent and eliminate sexual harassment in the organization;
(4) Inform employees of their right to file a complaint with the
Washington state human rights commission under chapter 49.60 RCW, or
with the federal equal employment opportunity commission under Title
VII of the civil rights act of 1964; and
(5) Report to the department of ((personnel)) enterprise services
on compliance with this section.
The cost of the training programs shall be borne by state agencies
within existing resources.
Sec. 451 RCW 43.03.028 and 2010 1st sp.s. c 7 s 2 are each
amended to read as follows:
(1) The ((department of personnel)) office of financial management
shall study the duties and salaries of the directors of the several
departments and the members of the several boards and commissions of
state government, who are subject to appointment by the governor or
whose salaries are fixed by the governor, and of the chief executive
officers of the following agencies of state government:
The arts commission; the human rights commission; the board of
accountancy; ((the board of pharmacy;)) the eastern Washington
historical society; the Washington state historical society; the
recreation and conservation office; the criminal justice training
commission; ((the department of personnel; the state library;)) the
traffic safety commission; the horse racing commission; ((the advisory
council on vocational education;)) the public disclosure commission;
the state conservation commission; the commission on Hispanic affairs;
the commission on Asian Pacific American affairs; the state board for
volunteer firefighters and reserve officers; the transportation
improvement board; the public employment relations commission; ((the
forest practices appeals board;)) and the energy facilities site
evaluation council.
(2) The ((department of personnel)) office of financial management
shall report to the governor or the chairperson of the appropriate
salary fixing authority at least once in each fiscal biennium on such
date as the governor may designate, but not later than seventy-five
days prior to the convening of each regular session of the legislature
during an odd-numbered year, its recommendations for the salaries to be
fixed for each position.
Sec. 452 RCW 43.03.120 and 2009 c 549 s 5009 are each amended to
read as follows:
Any state office, commission, department or institution may also
pay the moving expenses of a new employee, necessitated by his or her
acceptance of state employment, pursuant to mutual agreement with such
employee in advance of his or her employment((: PROVIDED, That if such
employee is in the classified service as defined in chapter 41.06 RCW,
that said employee has been duly certified from an eligible register.
No such offer or agreement for such payment shall be made to a
prospective member of the classified service, prior to such
certification, except through appropriate public announcement by the
department of personnel, or other corresponding personnel agency as
provided by chapter 41.06 RCW)). Payment for all expenses authorized
by RCW 43.03.060, 43.03.110 through 43.03.210 including moving expenses
of new employees, exempt or classified, and others, shall be subject to
reasonable ((regulations promulgated)) rules adopted by the director of
financial management, including regulations defining allowable moving
costs: PROVIDED, That, if the new employee terminates or causes
termination of his or her employment with the state within one year of
the date of employment, the state shall be entitled to reimbursement
for the moving costs which have been paid and may withhold such sum as
necessary therefor from any amounts due the employee.
Sec. 453 RCW 43.03.130 and 2000 c 153 s 1 are each amended to
read as follows:
Any state office, commission, department or institution may agree
to pay the travel expenses of a prospective employee as an inducement
for such applicant to travel to a designated place to be interviewed by
and for the convenience of such agency((: PROVIDED, That if such
employment is to be in the classified service, such offer may be made
only on the express authorization of the state department of personnel,
or other corresponding personnel agency as provided by chapter 41.06
RCW, to applicants reporting for a merit system examination or to
applicants from an eligible register reporting for a pre-employment
interview)). Travel expenses authorized for prospective employees
called for interviews shall be payable at rates in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter amended. When an
applicant is called to be interviewed by or on behalf of more than one
agency, the authorized travel expenses may be paid directly by the
authorizing personnel department or agency, subject to reimbursement
from the interviewing agencies on a pro rata basis.
In the case of both classified and exempt positions, such travel
expenses will be paid only for applicants being considered for the
positions of director, deputy director, assistant director, or
supervisor of state departments, boards or commissions; or equivalent
or higher positions; or engineers, or other personnel having both
executive and professional status. In the case of the state investment
board, such travel expenses may also be paid for applicants being
considered for investment officer positions. In the case of four-year
institutions of higher education, such travel expenses will be paid
only for applicants being considered for academic positions above the
rank of instructor or professional or administrative employees in
supervisory positions. In the case of community and technical
colleges, such travel expenses may be paid for applicants being
considered for full-time faculty positions or administrative employees
in supervisory positions.
Sec. 454 RCW 43.06.013 and 2006 c 45 s 1 are each amended to read
as follows:
When requested by the governor or the director of the department of
((personnel)) enterprise services, nonconviction criminal history
fingerprint record checks shall be conducted through the Washington
state patrol identification and criminal history section and the
federal bureau of investigation on applicants for agency head positions
appointed by the governor. Information received pursuant to this
section shall be confidential and made available only to the governor
or director of the department of personnel or their employees directly
involved in the selection, hiring, or background investigation of the
subject of the record check. When necessary, applicants may be
employed on a conditional basis pending completion of the criminal
history record check. "Agency head" as used in this section has the
same definition as provided in RCW 34.05.010.
Sec. 455 RCW 43.06.410 and 1993 c 281 s 47 are each amended to
read as follows:
There is established within the office of the governor the
Washington state internship program to assist students and state
employees in gaining valuable experience and knowledge in various areas
of state government. In administering the program, the governor shall:
(1) Consult with the secretary of state, the director of
((personnel)) enterprise services, the commissioner of the employment
security department, and representatives of labor;
(2) Encourage and assist agencies in developing intern positions;
(3) Develop and coordinate a selection process for placing
individuals in intern positions. This selection process shall give due
regard to the responsibilities of the state to provide equal employment
opportunities;
(4) Develop and coordinate a training component of the internship
program which balances the need for training and exposure to new ideas
with the intern's and agency's need for on-the-job work experience;
(5) Work with institutions of higher education in developing the
program, soliciting qualified applicants, and selecting participants;
and
(6) Develop guidelines for compensation of the participants.
Sec. 456 RCW 43.06.425 and 2002 c 354 s 229 are each amended to
read as follows:
The director of ((personnel)) financial management or the
director's designee shall adopt rules to provide that:
(1) Successful completion of an internship under RCW 43.06.420
shall be considered as employment experience at the level at which the
intern was placed;
(2) Persons leaving classified or exempt positions in state
government in order to take an internship under RCW 43.06.420: (a)
Have the right of reversion to the previous position at any time during
the internship or upon completion of the internship; and (b) shall
continue to receive all fringe benefits as if they had never left their
classified or exempt positions;
(3) Participants in the undergraduate internship program who were
not public employees prior to accepting a position in the program
receive sick leave allowances commensurate with other state employees;
(4) Participants in the executive fellows program who were not
public employees prior to accepting a position in the program receive
sick and vacation leave allowances commensurate with other state
employees.
Sec. 457 RCW 43.33A.100 and 2008 c 236 s 1 are each amended to
read as follows:
The state investment board shall maintain appropriate offices and
employ such personnel as may be necessary to perform its duties.
Employment by the investment board shall include but not be limited to
an executive director, investment officers, and a confidential
secretary, which positions are exempt from classified service under
chapter 41.06 RCW. Employment of the executive director by the board
shall be for a term of three years, and such employment shall be
subject to confirmation of the state finance committee: PROVIDED, That
nothing shall prevent the board from dismissing the director for cause
before the expiration of the term nor shall anything prohibit the
board, with the confirmation of the state finance committee, from
employing the same individual as director in succeeding terms.
Compensation levels for the executive director, a confidential
secretary, and all investment officers, including the deputy director
for investment management, employed by the investment board shall be
established by the state investment board. The investment board is
authorized to maintain a retention pool within the state investment
board expense account under RCW 43.33A.160, from the earnings of the
funds managed by the board, pursuant to a performance management and
compensation program developed by the investment board, in order to
address recruitment and retention problems and to reward performance.
The compensation levels and incentive compensation for investment
officers shall be limited to the average of total compensation provided
by state or other public funds of similar size, based upon a biennial
survey conducted by the investment board, with review and comment by
the joint legislative audit and review committee. However, in any
fiscal year the incentive compensation granted by the investment board
from the retention pool to investment officers pursuant to this section
may not exceed thirty percent. Disbursements from the retention pool
shall be from legislative appropriations and shall be on authorization
of the board's executive director or the director's designee.
The investment board shall provide notice to ((the director of the
department of personnel,)) the director of financial management((,))
and the chairs of the house of representatives and senate fiscal
committees of proposed changes to the compensation levels for the
positions. The notice shall be provided not less than sixty days prior
to the effective date of the proposed changes.
As of July 1, 1981, all employees classified under chapter 41.06
RCW and engaged in duties assumed by the state investment board on July
1, 1981, are assigned to the state investment board. The transfer
shall not diminish any rights granted these employees under chapter
41.06 RCW nor exempt the employees from any action which may occur
thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the functions
transferred to the state investment board in chapter 3, Laws of 1981
shall remain in full force and effect, and shall be performed by the
board. None of the transfers directed by chapter 3, Laws of 1981 shall
affect the validity of any act performed by a state entity or by any
official or employee thereof prior to July 1, 1981.
Sec. 458 RCW 43.130.060 and 1973 2nd ex.s. c 37 s 6 are each
amended to read as follows:
In order to reimburse the public employees' retirement system for
any increased costs occasioned by the provisions of this chapter which
affect the retirement system, the ((public employees' retirement
board)) director of retirement systems shall, within thirty days of the
date upon which any affected employee elects to take advantage of the
retirement provisions of this chapter, determine the increased present
and future cost to the retirement system of such employee's election.
Upon the determination of the amount necessary to offset ((said)) the
increased cost, the ((retirement board)) director of retirement systems
shall bill the department of ((personnel)) enterprise services for the
amount of the increased cost: PROVIDED, That such billing shall not
exceed eight hundred sixty-one thousand dollars. Such billing shall be
paid by the department as, and the same shall be, a proper charge
against any moneys available or appropriated to the department for this
purpose.
Sec. 459 RCW 43.131.090 and 2002 c 354 s 230 are each amended to
read as follows:
Unless the legislature specifies a shorter period of time, a
terminated entity shall continue in existence until June 30th of the
next succeeding year for the purpose of concluding its affairs:
PROVIDED, That the powers and authority of the entity shall not be
reduced or otherwise limited during this period. Unless otherwise
provided:
(1) All employees of terminated entities classified under chapter
41.06 RCW, the state civil service law, shall be transferred as
appropriate or as otherwise provided in the procedures adopted by the
human resources director ((of personnel)) pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property
in the possession of the terminated entity shall be delivered to the
custody of the entity assuming the responsibilities of the terminated
entity or if such responsibilities have been eliminated, documents and
papers shall be delivered to the state archivist and equipment or other
tangible property to the department of ((general administration))
enterprise services;
(3) All funds held by, or other moneys due to, the terminated
entity shall revert to the fund from which they were appropriated, or
if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made
by a terminated entity shall be repealed, without further action by the
entity, at the end of the period provided in this section, unless
assumed and reaffirmed by the entity assuming the related legal
responsibilities of the terminated entity;
(5) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of
the terminated entity, or if there is none to such entity as the
governor shall direct.
Sec. 460 RCW 48.37.060 and 2008 c 100 s 2 are each amended to
read as follows:
(1) When the commissioner determines that other market conduct
actions identified in RCW 48.37.040(4)(a) have not sufficiently
addressed issues raised concerning company activities in Washington
state, the commissioner has the discretion to conduct market conduct
examinations in accordance with the NAIC market conduct uniform
examination procedures and the NAIC market regulation handbook.
(2)(a) In lieu of an examination of an insurer licensed in this
state, the commissioner shall accept an examination report of another
state, unless the commissioner determines that the other state does not
have laws substantially similar to those of this state, or does not
have a market oversight system that is comparable to the market conduct
oversight system set forth in this law.
(b) The commissioner's determination under (a) of this subsection
is discretionary with the commissioner and is not subject to appeal.
(c) If the insurer to be examined is part of an insurance holding
company system, the commissioner may also seek to simultaneously
examine any affiliates of the insurer under common control and
management which are licensed to write the same lines of business in
this state.
(3) Before commencement of a market conduct examination, market
conduct oversight personnel shall prepare a work plan consisting of the
following:
(a) The name and address of the insurer being examined;
(b) The name and contact information of the examiner-in-charge;
(c) The name of all market conduct oversight personnel initially
assigned to the market conduct examination;
(d) The justification for the examination;
(e) The scope of the examination;
(f) The date the examination is scheduled to begin;
(g) Notice of any noninsurance department personnel who will assist
in the examination;
(h) A time estimate for the examination;
(i) A budget for the examination if the cost of the examination is
billed to the insurer; and
(j) An identification of factors that will be included in the
billing if the cost of the examination is billed to the insurer.
(4)(a) Within ten days of the receipt of the information contained
in subsection (3) of this section, insurers may request the
commissioner's discretionary review of any alleged conflict of
interest,
pursuant to RCW 48.37.090(2), of market conduct oversight
personnel and noninsurance department personnel assigned to a market
conduct examination. The request for review shall specifically
describe the alleged conflict of interest in the proposed assignment of
any person to the examination.
(b) Within five business days of receiving a request for
discretionary review of any alleged conflict of interest in the
proposed assignment of any person to a market conduct examination, the
commissioner or designee shall notify the insurer of any action
regarding the assignment of personnel to a market conduct examination
based on the insurer's allegation of conflict of interest.
(5) Market conduct examinations shall, to the extent feasible, use
desk examinations and data requests before an on-site examination.
(6) Market conduct examinations shall be conducted in accordance
with the provisions set forth in the NAIC market regulation handbook
and the NAIC market conduct uniform examinations procedures, subject to
the precedence of the provisions of chapter 82, Laws of 2007.
(7) The commissioner shall use the NAIC standard data request.
(8) Announcement of the examination shall be sent to the insurer
and posted on the NAIC's examination tracking system as soon as
possible but in no case later than sixty days before the estimated
commencement of the examination, except where the examination is
conducted in response to extraordinary circumstances as described in
RCW 48.37.050(2)(a). The announcement sent to the insurer shall
contain the examination work plan and a request for the insurer to name
its examination coordinator.
(9) If an examination is expanded significantly beyond the original
reasons provided to the insurer in the notice of the examination
required by subsection (3) of this section, the commissioner shall
provide written notice to the insurer, explaining the expansion and
reasons for the expansion. The commissioner shall provide a revised
work plan if the expansion results in significant changes to the items
presented in the original work plan required by subsection (3) of this
section.
(10) The commissioner shall conduct a preexamination conference
with the insurer examination coordinator and key personnel to clarify
expectations at least thirty days before commencement of the
examination, unless otherwise agreed by the insurer and the
commissioner.
(11) Before the conclusion of the field work for market conduct
examination, the examiner-in-charge shall review examination findings
to date with insurer personnel and schedule an exit conference with the
insurer, in accordance with procedures in the NAIC market regulation
handbook.
(12)(a) No later than sixty days after completion of each market
conduct examination, the commissioner shall make a full written report
of each market conduct examination containing only facts ascertained
from the accounts, records, and documents examined and from the sworn
testimony of individuals, and such conclusions and recommendations as
may reasonably be warranted from such facts.
(b) The report shall be certified by the commissioner or by the
examiner-in-charge of the examination, and shall be filed in the
commissioner's office subject to (c) of this subsection.
(c) The commissioner shall furnish a copy of the market conduct
examination report to the person examined not less than ten days and,
unless the time is extended by the commissioner, not more than thirty
days prior to the filing of the report for public inspection in the
commissioner's office. If the person so requests in writing within
such period, the commissioner shall hold a hearing to consider
objections of such person to the report as proposed, and shall not so
file the report until after such hearing and until after any
modifications in the report deemed necessary by the commissioner have
been made.
(d) Within thirty days of the end of the period described in (c) of
this subsection, unless extended by order of the commissioner, the
commissioner shall consider the report, together with any written
submissions or rebuttals and any relevant portions of the examiner's
work papers and enter an order:
(i) Adopting the market conduct examination report as filed or with
modification or corrections. If the market conduct examination report
reveals that the company is operating in violation of any law, rule, or
order of the commissioner, the commissioner may order the company to
take any action the commissioner considers necessary and appropriate to
cure that violation;
(ii) Rejecting the market conduct examination report with
directions to the examiners to reopen the examination for purposes of
obtaining additional data, documentation, or information, and refiling
under this subsection; or
(iii) Calling for an investigatory hearing with no less than twenty
days' notice to the company for purposes of obtaining additional
documentation, data, information, and testimony.
(e) All orders entered under (d) of this subsection must be
accompanied by findings and conclusions resulting from the
commissioner's consideration and review of the market conduct
examination report, relevant examiner work papers, and any written
submissions or rebuttals. The order is considered a final
administrative decision and may be appealed under the administrative
procedure act, chapter 34.05 RCW, and must be served upon the company
by certified mail or certifiable electronic means, together with a copy
of the adopted examination report. A copy of the adopted examination
report must be sent by certified mail or certifiable electronic means
to each director at the director's residential address or to a personal
e-mail account.
(f)(i) Upon the adoption of the market conduct examination report
under (d) of this subsection, the commissioner shall continue to hold
the content of the examination report as private and confidential
information for a period of five days except that the order may be
disclosed to the person examined. Thereafter, the commissioner may
open the report for public inspection so long as no court of competent
jurisdiction has stayed its publication.
(ii) If the commissioner determines that regulatory action is
appropriate as a result of any market conduct examination, he or she
may initiate any proceedings or actions as provided by law.
(iii) Nothing contained in this subsection requires the
commissioner to disclose any information or records that would indicate
or show the existence or content of any investigation or activity of a
criminal justice agency.
(g) The insurer's response shall be included in the commissioner's
order adopting the final report as an exhibit to the order. The
insurer is not obligated to submit a response.
(13) The commissioner may withhold from public inspection any
examination or investigation report for so long as he or she deems it
advisable.
(14)(a) Market conduct examinations within this state of any
insurer domiciled or having its home offices in this state, other than
a title insurer, made by the commissioner or the commissioner's
examiners and employees shall, except as to fees, mileage, and expense
incurred as to witnesses, be at the expense of the state.
(b) Every other examination, whatsoever, or any part of the market
conduct examination of any person domiciled or having its home offices
in this state requiring travel and services outside this state, shall
be made by the commissioner or by examiners designated by the
commissioner and shall be at the expense of the person examined; but a
domestic insurer shall not be liable for the compensation of examiners
employed by the commissioner for such services outside this state.
(c) When making a market conduct examination under this chapter,
the commissioner may contract, in accordance with applicable state
contracting procedures, for qualified attorneys, appraisers,
independent certified public accountants, contract actuaries, and other
similar individuals who are independently practicing their professions,
even though those persons may from time to time be similarly employed
or retained by persons subject to examination under this chapter, as
examiners as the commissioner deems necessary for the efficient conduct
of a particular examination. The compensation and per diem allowances
paid to such contract persons shall be reasonable in the market and
time incurred, shall not exceed one hundred twenty-five percent of the
compensation and per diem allowances for examiners set forth in the
guidelines adopted by the national association of insurance
commissioners, unless the commissioner demonstrates that one hundred
twenty-five percent is inadequate under the circumstances of the
examination, and subject to the provisions of (a) of this subsection.
(d)(i) The person examined and liable shall reimburse the state
upon presentation of an itemized statement thereof, for the actual
travel expenses of the commissioner's examiners, their reasonable
living expenses allowance, and their per diem compensation, including
salary and the employer's cost of employee benefits, at a reasonable
rate approved by the commissioner, incurred on account of the
examination. Per diem, salary, and expenses for employees examining
insurers domiciled outside the state of Washington shall be established
by the commissioner on the basis of the national association of
insurance commissioner's recommended salary and expense schedule for
zone examiners, or the salary schedule established by the human
resources director ((of the Washington department of personnel)) and
the expense schedule established by the office of financial management,
whichever is higher. A domestic title insurer shall pay the
examination expense and costs to the commissioner as itemized and
billed by the commissioner.
(ii) The commissioner or the commissioner's examiners shall not
receive or accept any additional emolument on account of any
examination.
(iii) Market conduct examination fees subject to being reimbursed
by an insurer shall be itemized and bills shall be provided to the
insurer on a monthly basis for review prior to submission for payment,
or as otherwise provided by state law.
(e) Nothing contained in this chapter limits the commissioner's
authority to terminate or suspend any examination in order to pursue
other legal or regulatory action under the insurance laws of this
state. Findings of fact and conclusions made pursuant to any
examination are prima facie evidence in any legal or regulatory action.
(f) The commissioner shall maintain active management and oversight
of market conduct examination costs, including costs associated with
the commissioner's own examiners, and with retaining qualified contract
examiners necessary to perform an examination. Any agreement with a
contract examiner shall:
(i) Clearly identify the types of functions to be subject to
outsourcing;
(ii) Provide specific timelines for completion of the outsourced
review;
(iii) Require disclosure to the insurer of contract examiners'
recommendations;
(iv) Establish and use a dispute resolution or arbitration
mechanism to resolve conflicts with insurers regarding examination
fees; and
(v) Require disclosure of the terms of the contracts with the
outside consultants that will be used, specifically the fees and/or
hourly rates that can be charged.
(g) The commissioner, or the commissioner's designee, shall review
and affirmatively endorse detailed billings from the qualified contract
examiner before the detailed billings are sent to the insurer.
Sec. 461 RCW 49.46.010 and 2010 c 160 s 2 and 2010 c 8 s 12040
are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by reason of
employment, payable in legal tender of the United States or checks on
banks convertible into cash on demand at full face value, subject to
such deductions, charges, or allowances as may be permitted by rules of
the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership, association,
corporation, business trust, or any person or group of persons acting
directly or indirectly in the interest of an employer in relation to an
employee;
(5) "Employee" includes any individual employed by an employer but
shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid
on a piece rate basis in an operation which has been, and is generally
and customarily recognized as having been, paid on a piece rate basis
in the region of employment; (ii) who commutes daily from his or her
permanent residence to the farm on which he or she is employed; and
(iii) who has been employed in agriculture less than thirteen weeks
during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private
home, unless performed in the course of the employer's trade, business,
or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of outside
salesperson as those terms are defined and delimited by rules of the
director. However, those terms shall be defined and delimited by the
human resources director ((of personnel)) pursuant to chapter 41.06 RCW
for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational,
charitable, religious, state or local governmental body or agency, or
nonprofit organization where the employer-employee relationship does
not in fact exist or where the services are rendered to such
organizations gratuitously. If the individual receives reimbursement
in lieu of compensation for normally incurred out-of-pocket expenses or
receives a nominal amount of compensation per unit of voluntary service
rendered, an employer-employee relationship is deemed not to exist for
the purpose of this section or for purposes of membership or
qualification in any state, local government, or publicly supported
retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local
governmental body or agency who provides voluntary services but only
with regard to the provision of the voluntary services. The voluntary
services and any compensation therefor shall not affect or add to
qualification, entitlement, or benefit rights under any state, local
government, or publicly supported retirement system other than that
provided under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the Interstate
Commerce Act;
(h) Any individual engaged in forest protection and fire prevention
activities;
(i) Any individual employed by any charitable institution charged
with child care responsibilities engaged primarily in the development
of character or citizenship or promoting health or physical fitness or
providing or sponsoring recreational opportunities or facilities for
young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or
sleep at the place of his or her employment or who otherwise spends a
substantial portion of his or her work time subject to call, and not
engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or
municipal correctional, detention, treatment or rehabilitative
institution;
(l) Any individual who holds a public elective or appointive office
of the state, any county, city, town, municipal corporation or quasi
municipal corporation, political subdivision, or any instrumentality
thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries
operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an
American vessel;
(o) Any farm intern providing his or her services to a small farm
which has a special certificate issued under RCW 49.12.465;
(6) "Occupation" means any occupation, service, trade, business,
industry, or branch or group of industries or employment or class of
employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment
seventy-five percent of whose annual dollar volume of sales of goods or
services, or both, is not for resale and is recognized as retail sales
or services in the particular industry.
Sec. 462 RCW 49.46.010 and 2010 c 8 s 12040 are each amended to
read as follows:
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by reason of
employment, payable in legal tender of the United States or checks on
banks convertible into cash on demand at full face value, subject to
such deductions, charges, or allowances as may be permitted by rules of
the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership, association,
corporation, business trust, or any person or group of persons acting
directly or indirectly in the interest of an employer in relation to an
employee;
(5) "Employee" includes any individual employed by an employer but
shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid
on a piece rate basis in an operation which has been, and is generally
and customarily recognized as having been, paid on a piece rate basis
in the region of employment; (ii) who commutes daily from his or her
permanent residence to the farm on which he or she is employed; and
(iii) who has been employed in agriculture less than thirteen weeks
during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private
home, unless performed in the course of the employer's trade, business,
or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of outside
salesperson as those terms are defined and delimited by rules of the
director. However, those terms shall be defined and delimited by the
human resources director ((of personnel)) pursuant to chapter 41.06 RCW
for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational,
charitable, religious, state or local governmental body or agency, or
nonprofit organization where the employer-employee relationship does
not in fact exist or where the services are rendered to such
organizations gratuitously. If the individual receives reimbursement
in lieu of compensation for normally incurred out-of-pocket expenses or
receives a nominal amount of compensation per unit of voluntary service
rendered, an employer-employee relationship is deemed not to exist for
the purpose of this section or for purposes of membership or
qualification in any state, local government, or publicly supported
retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local
governmental body or agency who provides voluntary services but only
with regard to the provision of the voluntary services. The voluntary
services and any compensation therefor shall not affect or add to
qualification, entitlement, or benefit rights under any state, local
government, or publicly supported retirement system other than that
provided under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the Interstate
Commerce Act;
(h) Any individual engaged in forest protection and fire prevention
activities;
(i) Any individual employed by any charitable institution charged
with child care responsibilities engaged primarily in the development
of character or citizenship or promoting health or physical fitness or
providing or sponsoring recreational opportunities or facilities for
young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or
sleep at the place of his or her employment or who otherwise spends a
substantial portion of his or her work time subject to call, and not
engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or
municipal correctional, detention, treatment or rehabilitative
institution;
(l) Any individual who holds a public elective or appointive office
of the state, any county, city, town, municipal corporation or quasi
municipal corporation, political subdivision, or any instrumentality
thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries
operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an
American vessel;
(6) "Occupation" means any occupation, service, trade, business,
industry, or branch or group of industries or employment or class of
employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment
seventy-five percent of whose annual dollar volume of sales of goods or
services, or both, is not for resale and is recognized as retail sales
or services in the particular industry.
Sec. 463 RCW 49.74.020 and 1993 c 281 s 57 are each amended to
read as follows:
If the commission reasonably believes that a state agency, an
institution of higher education, or the state patrol has failed to
comply with an affirmative action rule adopted under RCW 41.06.150 or
43.43.340, the commission shall notify the director of the state
agency, president of the institution of higher education, or chief of
the Washington state patrol of the noncompliance, as well as the human
resources director ((of personnel)). The commission shall give the
director of the state agency, president of the institution of higher
education, or chief of the Washington state patrol an opportunity to be
heard on the failure to comply.
Sec. 464 RCW 49.74.030 and 2002 c 354 s 246 are each amended to
read as follows:
The commission in conjunction with the department of ((personnel))
enterprise services, the office of financial management, or the state
patrol, whichever is appropriate, shall attempt to resolve the
noncompliance through conciliation. If an agreement is reached for the
elimination of noncompliance, the agreement shall be reduced to writing
and an order shall be issued by the commission setting forth the terms
of the agreement. The noncomplying state agency, institution of higher
education, or state patrol shall make a good faith effort to conciliate
and make a full commitment to correct the noncompliance with any action
that may be necessary to achieve compliance, provided such action is
not inconsistent with the rules adopted under RCW 41.06.150(((6)))(5)
and 43.43.340(5), whichever is appropriate.
Sec. 465 RCW 49.90.010 and 2009 c 294 s 5 are each amended to
read as follows:
(1) Within this section, "sensory disability" means a sensory
condition that materially limits, contributes to limiting, or, if not
corrected or accommodated, will probably result in limiting an
individual's activities or functioning.
(2) The ((department of personnel)) office of financial management
shall adopt rules that authorize state agencies to provide allowances
to employees with sensory disabilities who must attend training
necessary to attain a new service animal. The employee's absence must
be treated in the same manner as that granted to employees who are
absent to attend training that supports or improves their job
performance, except that the employee shall not be eligible for
reimbursement under RCW 43.03.050 or 43.03.060. The ((department of
personnel)) office of financial management shall adopt rules as
necessary to implement this chapter.
(3) If the necessity to attend training for a new service animal is
foreseeable and the training will cause the employee to miss work, the
employee shall provide the employer with not less than thirty days'
notice, before the date the absence is to begin, of the employee's
impending absence. If the date of the training requires the absence to
begin in less than thirty days, the employee shall provide notice as is
practicable.
(4) An agency may require that a request to attend service animal
training be supported by a certification issued by the relevant
training
organization. The employee must provide, in a timely manner,
a copy of the certification to the agency. Certification provided
under this section is sufficient if it states: (a) The date on which
the service animal training session is scheduled to commence; and (b)
the session's duration.
Sec. 466 RCW 50.13.060 and 2008 c 120 s 6 are each amended to
read as follows:
(1) Governmental agencies, including law enforcement agencies,
prosecuting agencies, and the executive branch, whether state, local,
or federal shall have access to information or records deemed private
and confidential under this chapter if the information or records are
needed by the agency for official purposes and:
(a) The agency submits an application in writing to the employment
security department for the records or information containing a
statement of the official purposes for which the information or records
are needed and specific identification of the records or information
sought from the department; and
(b) The director, commissioner, chief executive, or other official
of the agency has verified the need for the specific information in
writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of the
application for records or information on the individual or employing
unit whose records or information are sought and has provided the
department with proof of service. Service shall be made in a manner
which conforms to the civil rules for superior court. The requesting
agency shall include with the copy of the application a statement to
the effect that the individual or employing unit may contact the public
records officer of the employment security department to state any
objections to the release of the records or information. The
employment security department shall not act upon the application of
the requesting agency until at least five days after service on the
concerned individual or employing unit. The employment security
department shall consider any objections raised by the concerned
individual or employing unit in deciding whether the requesting agency
needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this section
shall not apply to the state legislative branch. The state legislature
shall have access to information or records deemed private and
confidential under this chapter, if the legislature or a legislative
committee finds that the information or records are necessary and for
official purposes. If the employment security department does not make
information or records available as provided in this subsection, the
legislature may exercise its authority granted by chapter 44.16 RCW.
(3) In cases of emergency the governmental agency requesting access
shall not be required to formally comply with the provisions of
subsection (1) of this section at the time of the request if the
procedures required by subsection (1) of this section are complied with
by the requesting agency following the receipt of any records or
information deemed private and confidential under this chapter. An
emergency is defined as a situation in which irreparable harm or damage
could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section shall not
apply to governmental agencies where the procedures would frustrate the
investigation of possible violations of criminal laws or to the release
of employing unit names, addresses, number of employees, and aggregate
employer wage data for the purpose of state governmental agencies
preparing small business economic impact statements under chapter 19.85
RCW or preparing cost-benefit analyses under RCW 34.05.328(1) (c) and
(d). Information provided by the department and held to be private and
confidential under state or federal laws must not be misused or
released to unauthorized parties. A person who misuses such
information or releases such information to unauthorized parties is
subject to the sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain records or
information, limited to such items as names, addresses, social security
numbers, and general information about benefit entitlement or employer
information possessed by the department, for comparison purposes with
records or information possessed by the requesting agency to detect
improper or fraudulent claims, or to determine potential tax liability
or employer compliance with registration and licensing requirements.
In those cases the governmental agency shall not be required to comply
with subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) of this section must be satisfied.
(6) Governmental agencies may have access to certain records and
information, limited to employer information possessed by the
department for purposes authorized in chapter 50.38 RCW. Access to
these records and information is limited to only those individuals
conducting authorized statistical analysis, research, and evaluation
studies. Only in cases consistent with the purposes of chapter 50.38
RCW are government agencies not required to comply with subsection
(1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied. Information provided
by the department and held to be private and confidential under state
or federal laws shall not be misused or released to unauthorized
parties subject to the sanctions in RCW 50.13.080.
(7) Disclosure to governmental agencies of information or records
obtained by the employment security department from the federal
government shall be governed by any applicable federal law or any
agreement between the federal government and the employment security
department where so required by federal law. When federal law does not
apply to the records or information state law shall control.
(8) The department may provide information for purposes of
statistical analysis and evaluation of the WorkFirst program or any
successor state welfare program to the department of social and health
services, the office of financial management, and other governmental
entities with oversight or evaluation responsibilities for the program
in accordance with RCW 43.20A.080. The confidential information
provided by the department shall remain the property of the department
and may be used by the authorized requesting agencies only for
statistical analysis, research, and evaluation purposes as provided in
RCW 74.08A.410 and 74.08A.420. The department of social and health
services, the office of financial management, or other governmental
entities with oversight or evaluation responsibilities for the program
are not required to comply with subsection (1)(c) of this section, but
the requirements of the remainder of subsection (1) of this section and
applicable federal laws and regulations must be satisfied. The
confidential information used for evaluation and analysis of welfare
reform supplied to the authorized requesting entities with regard to
the WorkFirst program or any successor state welfare program are exempt
from public inspection and copying under chapter 42.56 RCW.
(9) The disclosure of any records or information by a governmental
agency which has obtained the records or information under this section
is prohibited unless the disclosure is (a) directly connected to the
official purpose for which the records or information were obtained or
(b) to another governmental agency which would be permitted to obtain
the records or information under subsection (4) or (5) of this section.
(10) In conducting periodic salary or fringe benefit studies
pursuant to law, the ((department of personnel)) office of financial
management shall have access to records of the employment security
department as may be required for such studies. For such purposes, the
requirements of subsection (1)(c) of this section need not apply.
(11)(a) To promote the reemployment of job seekers, the
commissioner may enter into data-sharing contracts with partners of the
one-stop career development system. The contracts shall provide for
the transfer of data only to the extent that the transfer is necessary
for the efficient provisions of workforce programs, including but not
limited to public labor exchange, unemployment insurance, worker
training and retraining, vocational rehabilitation, vocational
education, adult education, transition from public assistance, and
support services. The transfer of information under contracts with
one-stop partners is exempt from subsection (1)(c) of this section.
(b) An individual who applies for services from the department and
whose information will be shared under (a) of this subsection (11) must
be notified that his or her private and confidential information in the
department's records will be shared among the one-stop partners to
facilitate the delivery of one-stop services to the individual. The
notice must advise the individual that he or she may request that
private and confidential information not be shared among the one-stop
partners and the department must honor the request. In addition, the
notice must:
(i) Advise the individual that if he or she requests that private
and confidential information not be shared among one-stop partners, the
request will in no way affect eligibility for services;
(ii) Describe the nature of the information to be shared, the
general use of the information by one-stop partner representatives, and
among whom the information will be shared;
(iii) Inform the individual that shared information will be used
only for the purpose of delivering one-stop services and that further
disclosure of the information is prohibited under contract and is not
subject to disclosure under chapter 42.56 RCW; and
(iv) Be provided in English and an alternative language selected by
the one-stop center or job service center as appropriate for the
community where the center is located.
If the notice is provided in-person, the individual who does not
want private and confidential information shared among the one-stop
partners must immediately advise the one-stop partner representative of
that decision. The notice must be provided to an individual who
applies for services telephonically, electronically, or by mail, in a
suitable format and within a reasonable time after applying for
services, which shall be no later than ten working days from the
department's receipt of the application for services. A one-stop
representative must be available to answer specific questions regarding
the nature, extent, and purpose for which the information may be
shared.
(12) To facilitate improved operation and evaluation of state
programs, the commissioner may enter into data-sharing contracts with
other state agencies only to the extent that such transfer is necessary
for the efficient operation or evaluation of outcomes for those
programs. The transfer of information by contract under this
subsection is exempt from subsection (1)(c) of this section.
(13) The misuse or unauthorized release of records or information
by any person or organization to which access is permitted by this
chapter subjects the person or organization to a civil penalty of five
thousand dollars and other applicable sanctions under state and federal
law. Suit to enforce this section shall be brought by the attorney
general and the amount of any penalties collected shall be paid into
the employment security department administrative contingency fund.
The attorney general may recover reasonable attorneys' fees for any
action brought to enforce this section.
Sec. 467 RCW 28A.345.060 and 1986 c 158 s 3 are each amended to
read as follows:
The association shall contract with the ((department of personnel
for the department of personnel)) human resources director in the
office of financial management to audit in odd-numbered years the
association's staff classifications and employees' salaries. The
association shall give copies of the audit reports to the office of
financial management and the committees of each house of the
legislature dealing with common schools.
Sec. 468 RCW 28A.400.201 and 2010 c 236 s 7 are each amended to
read as follows:
(1) The legislature recognizes that providing students with the
opportunity to access a world-class educational system depends on our
continuing ability to provide students with access to world-class
educators. The legislature also understands that continuing to attract
and retain the highest quality educators will require increased
investments. The legislature intends to enhance the current salary
allocation model and recognizes that changes to the current model
cannot be imposed without great deliberation and input from teachers,
administrators, and classified employees. Therefore, it is the intent
of the legislature to begin the process of developing an enhanced
salary allocation model that is collaboratively designed to ensure the
rationality of any conclusions regarding what constitutes adequate
compensation.
(2) Beginning July 1, 2011, the office of the superintendent of
public instruction, in collaboration with the human resources director
in the office of financial management, shall convene a technical
working group to recommend the details of an enhanced salary allocation
model that aligns state expectations for educator development and
certification with the compensation system and establishes
recommendations for a concurrent implementation schedule. In addition
to any other details the technical working group deems necessary, the
technical working group shall make recommendations on the following:
(a) How to reduce the number of tiers within the existing salary
allocation model;
(b) How to account for labor market adjustments;
(c) How to account for different geographic regions of the state
where districts may encounter difficulty recruiting and retaining
teachers;
(d) The role of and types of bonuses available;
(e) Ways to accomplish salary equalization over a set number of
years; and
(f) Initial fiscal estimates for implementing the recommendations
including a recognition that staff on the existing salary allocation
model would have the option to grandfather in permanently to the
existing schedule.
(3) As part of its work, the technical working group shall conduct
or contract for a preliminary comparative labor market analysis of
salaries and other compensation for school district employees to be
conducted and shall include the results in any reports to the
legislature. For the purposes of this subsection, "salaries and other
compensation" includes average base salaries, average total salaries,
average employee basic benefits, and retirement benefits.
(4) The analysis required under subsection (1) of this section
must:
(a) Examine salaries and other compensation for teachers, other
certificated instructional staff, principals, and other building-level
certificated administrators, and the types of classified employees for
whom salaries are allocated;
(b) Be calculated at a statewide level that identifies labor
markets in Washington through the use of data from the United States
bureau of the census and the bureau of labor statistics; and
(c) Include a comparison of salaries and other compensation to the
appropriate labor market for at least the following subgroups of
educators: Beginning teachers and types of educational staff
associates.
(5) The working group shall include representatives of the
((department of personnel)) office of financial management, the
professional educator standards board, the office of the superintendent
of public instruction, the Washington education association, the
Washington association of school administrators, the association of
Washington school principals, the Washington state school directors'
association, the public school employees of Washington, and other
interested stakeholders with appropriate expertise in compensation
related matters. The working group may convene advisory subgroups on
specific topics as necessary to assure participation and input from a
broad array of diverse stakeholders.
(6) The working group shall be monitored and overseen by the
legislature and the quality education council created in RCW
28A.290.010. The working group shall make an initial report to the
legislature by June 30, 2012, and shall include in its report
recommendations for whether additional further work of the group is
necessary.
Sec. 469 RCW 34.12.100 and 2010 1st sp.s. c 7 s 3 are each
amended to read as follows:
The chief administrative law judge shall be paid a salary fixed by
the governor after recommendation of the ((department of personnel))
human resources director in the office of financial management. The
salaries of administrative law judges appointed under the terms of this
chapter shall be determined by the chief administrative law judge after
recommendation of the department of personnel.
Sec. 470 RCW 36.21.011 and 1995 c 134 s 12 are each amended to
read as follows:
Any assessor who deems it necessary in order to complete the
listing and the valuation of the property of the county within the time
prescribed by law, (1) may appoint one or more well qualified persons
to act as assistants or deputies who shall not engage in the private
practice of appraising within the county in which he or she is employed
without the written permission of the assessor filed with the auditor;
and each such assistant or deputy so appointed shall, under the
direction of the assessor, after taking the required oath, perform all
the duties enjoined upon, vested in or imposed upon assessors, and (2)
may contract with any persons, firms or corporations, who are expert
appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well qualified
assistants or deputies, the ((state department of personnel)) office of
financial management, after consultation with the Washington state
association of county assessors, the Washington state association of
counties, and the department of revenue, shall establish by July 1,
1967, and shall thereafter maintain, a classification and salary plan
for those employees of an assessor who act as appraisers. The plan
shall recommend the salary range and employment qualifications for each
position encompassed by it, and shall, to the fullest extent
practicable, conform to the classification plan, salary schedules and
employment qualifications for state employees performing similar
appraisal functions.
An assessor who intends to put such plan into effect shall inform
the department of revenue and the county legislative authority of this
intent in writing. The department of revenue and the county
legislative authority may thereupon each designate a representative,
and such representative or representatives as may be designated by the
department of revenue or the county legislative authority, or both,
shall form with the assessor a committee. The committee so formed may,
by unanimous vote only, determine the required number of certified
appraiser positions and their salaries necessary to enable the assessor
to carry out the requirements relating to revaluation of property in
chapter 84.41 RCW. The determination of the committee shall be
certified to the county legislative authority. The committee may be
formed only once in a period of four calendar years.
After such determination, the assessor may provide, in each of the
four next succeeding annual budget estimates, for as many positions as
are established in such determination. Each county legislative
authority to which such a budget estimate is submitted shall allow
sufficient funds for such positions. An employee may be appointed to
a position covered by the plan only if the employee meets the
employment qualifications established by the plan.
Sec. 471 RCW 41.04.020 and 1998 c 116 s 1 are each amended to
read as follows:
Any employee or group of employees of the state of Washington or
any of its political subdivisions, or of any institution supported, in
whole or in part, by the state or any of its political subdivisions,
may authorize the deduction from his or her salaries or wages and
payment to another, the amount or amounts of his or her subscription
payments or contributions to any person, firm, or corporation
administering, furnishing, or providing (1) medical, surgical, and
hospital care or either of them, or (2) life insurance or accident and
health disability insurance, or (3) any individual retirement account
selected by the employee or the employee's spouse established under
applicable state or federal law: PROVIDED, That such authorization by
said employee or group of employees, shall be first approved by the
head of the department, division office or institution of the state or
any political subdivision thereof, employing such person or group of
persons, and filed with the department of ((personnel)) enterprise
services; or in the case of political subdivisions of the state of
Washington, with the auditor of such political subdivision or the
person authorized by law to draw warrants against the funds of said
political subdivision.
Sec. 472 RCW 41.04.460 and 1992 c 234 s 10 are each amended to
read as follows:
The department of ((personnel)) enterprise services, through the
combined benefits communication project, shall prepare information
encouraging individual financial planning for retirement and describing
the potential consequences of early retirement, including members'
assumption of health insurance costs, members' receipt of reduced
retirement benefits, and the increased period of time before members
will become eligible for cost-of-living adjustments. The department of
retirement systems shall distribute the information to members who are
eligible to retire under the provisions of chapter 234, Laws of 1992.
Prior to retiring, such members who elect to retire shall sign a
statement acknowledging their receipt and understanding of the
information.
Sec. 473 RCW 41.60.050 and 1991 sp.s. c 16 s 918 are each amended
to read as follows:
The legislature shall appropriate from the ((department of))
personnel service fund for the payment of administrative costs of the
productivity board. However, during the 1991-93 fiscal biennium, the
administrative costs of the productivity board shall be appropriated
from the savings recovery account.
Sec. 474 RCW 41.68.030 and 1983 1st ex.s. c 15 s 3 are each
amended to read as follows:
A claim under this chapter may be submitted to the department of
((personnel)) enterprise services for the reparation of salary losses
suffered during the years 1942 through 1947. The claim shall be
supported by appropriate verification, such as the person's name at the
time of the dismissal, the name of the employing department, and a
social security number, or by evidence of official action of
termination. The claimant shall also provide an address to which the
department shall mail notification of its determination regarding the
claimant's eligibility.
Sec. 475 RCW 41.68.040 and 1983 1st ex.s. c 15 s 4 are each
amended to read as follows:
(1) The department of ((personnel)) enterprise services shall
determine the eligibility of a claimant to receive reparations
authorized by this chapter. The department shall then notify the
claimant by mail of its determination regarding the claimant's
eligibility.
(2) The department may adopt rules that will assist in the fair
determination of eligibility and the processing of claims. The
department, however, has no obligation to directly notify any person of
possible eligibility for reparation of salary losses under this
chapter.
Sec. 476 RCW 41.68.050 and 1983 1st ex.s. c 15 s 5 are each
amended to read as follows:
A claimant under this chapter who is determined eligible by the
department of ((personnel)) enterprise services shall receive two
thousand five hundred dollars each year for two years. All claims
which the department determines are eligible for reparation shall be
immediately forwarded to the state treasurer, who shall issue warrants
in the appropriate amounts upon demand and verification of identity.
If a claimant dies after filing a claim but before receiving full
payment, payments shall be made to the claimant's estate upon demand
and verification of identity.
Sec. 477 RCW 47.28.251 and 2003 c 363 s 103 are each amended to
read as follows:
(1) The department of transportation shall work with
representatives of transportation labor groups to develop a financial
incentive program to aid in retention and recruitment of employee
classifications where problems exist and program delivery is negatively
affected. The department's financial incentive program must be
reviewed and approved by the legislature before it can be implemented.
This program must support the goal of enhancing project delivery
timelines as outlined in section 101, chapter 363, Laws of 2003. Upon
receiving approval from the legislature, the ((department of
personnel)) office of financial management shall implement, as
required, specific aspects of the financial incentive package, as
developed by the department of transportation.
(2) Notwithstanding chapter 41.06 RCW, the department of
transportation may acquire services from qualified private firms in
order to deliver the transportation construction program to the public.
Services may be acquired solely for augmenting the department's
workforce capacity and only when the department's transportation
construction program cannot be delivered through its existing or
readily available workforce. The department of transportation shall
work with representatives of transportation labor groups to develop and
implement a program identifying those projects requiring contracted
services while establishing a program as defined in subsection (1) of
this section to provide the classified personnel necessary to deliver
future construction programs. The procedures for acquiring
construction engineering services from private firms may not be used to
displace existing state employees nor diminish the number of existing
classified positions in the present construction program. The
acquisition procedures must be in accordance with chapter 39.80 RCW.
(3) Starting in December 2004, and biennially thereafter, the
secretary shall report to the transportation committees of the
legislature on the use of construction engineering services from
private firms authorized under this section. The information provided
to the committees must include an assessment of the benefits and costs
associated with using construction engineering services, or other
services, from private firms, and a comparison of public versus private
sector costs. The secretary may act on these findings to ensure the
most cost-effective means of service delivery.
NEW SECTION. Sec. 478 The following acts or parts of acts are
each repealed:
(1) RCW 41.06.030 (Department of personnel established) and 2002 c
354 s 201, 1993 c 281 s 20, & 1961 c 1 s 3;
(2) RCW 41.06.111 (Personnel appeals board abolished -- Powers,
duties, and functions transferred to the Washington personnel resources
board) and 2002 c 354 s 233;
(3) RCW 41.06.130 (Director of personnel -- Appointment -- Rules -- Powers and duties -- Delegation of authority) and 1993 c 281 s 26, 1982
1st ex.s. c 53 s 3, & 1961 c 1 s 13;
(4) RCW 41.06.139 (Classification system for classified service -- Director implements -- Rules of the board -- Appeals) and 2002 c 354 s 206;
(5) RCW 41.06.480 (Background check disqualification--Policy
recommendations) and 2001 c 296 s 7; and
(6) RCW 41.07.900 (Transfer of personnel, records, equipment, etc)
and 1975 1st ex.s. c 239 s 4.
NEW SECTION. Sec. 479 RCW 41.06.136, 43.31.086, 41.80.900,
41.80.901, 41.80.902, 41.80.903, and 41.80.904 are each decodified.
NEW SECTION. Sec. 480 Section 447 of this act expires January 1,
2012.
NEW SECTION. Sec. 481 Section 448 of this act takes effect
January 1, 2012.
NEW SECTION. Sec. 482 Section 459 of this act expires June 30,
2015.
NEW SECTION. Sec. 483 Section 461 of this act expires December
31, 2011.
NEW SECTION. Sec. 484 Section 462 of this act takes effect
December 31, 2011.
Sec. 501 RCW 43.41.290 and 1977 ex.s. c 270 s 3 are each amended
to read as follows:
As used in ((RCW 43.19.19361 and 43.19.19362)) this act:
(1) "State agency" includes any state office, agency, commission,
department, or institution, including colleges, universities, and
community colleges, financed in whole or part from funds appropriated
by the legislature; ((and))
(2) "Risk management" means the total effort and continuous step by
step process of risk identification, measurement, minimization,
assumption, transfer, and loss adjustment which is aimed at protecting
assets and revenues against accidental loss;
(3) "Department" means the department of enterprise services; and
(4) "Director" means the director of enterprise services.
Sec. 502 RCW 43.41.300 and 2002 c 332 s 7 are each amended to
read as follows:
There is hereby created ((a)) an office of risk management
((division)) within the ((office of financial management)) department
of enterprise services. The director shall implement the risk
management policy in RCW 43.41.280 (as recodified by this act) through
the office of risk management ((division)). The director shall appoint
a risk manager to supervise the office of risk management ((division)).
The office of risk management ((division)) shall make recommendations
when appropriate to state agencies on the application of prudent
safety, security, loss prevention, and loss minimization methods so as
to reduce or avoid risk or loss.
Sec. 503 RCW 43.41.310 and 2002 c 332 s 5 are each amended to
read as follows:
As a means of providing for the procurement of insurance and bonds
on a volume rate basis, the director shall purchase or contract for the
needs of state agencies in relation to all such insurance and bonds:
PROVIDED, That authority to purchase insurance may be delegated to
state agencies. Insurance in force shall be reported to the office of
risk management ((division)) periodically under rules established by
the director. Nothing contained in this section shall prohibit the use
of licensed agents or brokers for the procurement and service of
insurance.
The amounts of insurance or bond coverage shall be as fixed by law,
or if not fixed by law, such amounts shall be as fixed by the director.
The premium cost for insurance acquired and bonds furnished shall
be paid from appropriations or other appropriate resources available to
the state agency or agencies for which procurement is made, and all
vouchers drawn in payment therefor shall bear the written approval of
the office of risk management ((division)) prior to the issuance of the
warrant in payment therefor. Where deemed advisable the premium cost
for insurance and bonds may be paid by the risk management
administration account which shall be reimbursed by the agency or
agencies for which procurement is made.
Sec. 504 RCW 43.41.320 and 2002 c 332 s 6 are each amended to
read as follows:
The director, through the office of risk management ((division)),
may purchase, or contract for the purchase of, property and liability
insurance for any municipality upon request of the municipality.
As used in this section, "municipality" means any city, town,
county, special purpose district, municipal corporation, or political
subdivision of the state of Washington.
Sec. 505 RCW 43.41.330 and 2002 c 332 s 8 are each amended to
read as follows:
The director, through the office of risk management ((division)),
shall receive and enforce bonds posted pursuant to RCW 39.59.010 (3)
and (4).
Sec. 506 RCW 43.41.340 and 2002 c 332 s 9 are each amended to
read as follows:
The ((office)) department shall conduct periodic actuarial studies
to determine the amount of money needed to adequately fund the
liability account.
Sec. 507 RCW 43.41.360 and 2009 c 549 s 5121 are each amended to
read as follows:
((In addition to other powers and duties prescribed by this
chapter,)) The director shall:
(1) Fix the amount of bond to be given by each appointive state
officer and each employee of the state in all cases where it is not
fixed by law;
(2) Require the giving of an additional bond, or a bond in a
greater amount than provided by law, in all cases where in his or her
judgment the statutory bond is not sufficient in amount to cover the
liabilities of the officer or employee;
(3) Exempt subordinate employees from giving bond when in his or
her judgment their powers and duties are such as not to require a bond.
Sec. 508 RCW 43.41.370 and 2002 c 333 s 2 are each amended to
read as follows:
(1) The director ((of financial management)) shall appoint a loss
prevention review team when the death of a person, serious injury to a
person, or other substantial loss is alleged or suspected to be caused
at least in part by the actions of a state agency, unless the director
in his or her discretion determines that the incident does not merit
review. A loss prevention review team may also be appointed when any
other substantial loss occurs as a result of agency policies,
litigation or defense practices, or other management practices. When
the director decides not to appoint a loss prevention review team he or
she shall issue a statement of the reasons for the director's decision.
The statement shall be made available on the department's web site ((of
the office of financial management)). The director's decision pursuant
to this section to appoint or not appoint a loss prevention review team
shall not be admitted into evidence in a civil or administrative
proceeding.
(2) A loss prevention review team shall consist of at least three
but no more than five persons, and may include independent consultants,
contractors, or state employees, but it shall not include any person
employed by the agency involved in the loss or risk of loss giving rise
to the review, nor any person with testimonial knowledge of the
incident to be reviewed. At least one member of the review team shall
have expertise relevant to the matter under review.
(3) The loss prevention review team shall review the death, serious
injury, or other incident and the circumstances surrounding it,
evaluate its causes, and recommend steps to reduce the risk of such
incidents occurring in the future. The loss prevention review team
shall accomplish these tasks by reviewing relevant documents,
interviewing persons with relevant knowledge, and reporting its
recommendations in writing to the director ((of financial management))
and the director of the agency involved in the loss or risk of loss
within the time requested by the director ((of financial management)).
The final report shall not disclose the contents of any documents
required by law to be kept confidential.
(4) Pursuant to guidelines established by the director, state
agencies must notify the ((office of financial management)) department
immediately upon becoming aware of a death, serious injury, or other
substantial loss that is alleged or suspected to be caused at least in
part by the actions of the state agency. State agencies shall provide
the loss prevention review team ready access to relevant documents in
their possession and ready access to their employees.
Sec. 509 RCW 43.41.380 and 2002 c 333 s 3 are each amended to
read as follows:
(1) The final report from a loss prevention review team to the
director ((of financial management)) shall be made public by the
director promptly upon receipt, and shall be subject to public
disclosure. The final report shall be subject to discovery in a civil
or administrative proceeding. However, the final report shall not be
admitted into evidence or otherwise used in a civil or administrative
proceeding except pursuant to subsection (2) of this section.
(2) The relevant excerpt or excerpts from the final report of a
loss prevention review team may be used to impeach a fact witness in a
civil or administrative proceeding only if the party wishing to use the
excerpt or excerpts from the report first shows the court by clear and
convincing evidence that the witness, in testimony provided in
deposition or at trial in the present proceeding, has contradicted his
or her previous statements to the loss prevention review team on an
issue of fact material to the present proceeding. In that case, the
party may use only the excerpt or excerpts necessary to demonstrate the
contradiction. This section shall not be interpreted as expanding the
scope of material that may be used to impeach a witness.
(3) No member of a loss prevention review team may be examined in
a civil or administrative proceeding as to (a) the work of the loss
prevention review team, (b) the incident under review, (c) his or her
statements, deliberations, thoughts, analyses, or impressions relating
to the work of the loss prevention review team or the incident under
review, or (d) the statements, deliberations, thoughts, analyses, or
impressions of any other member of the loss prevention review team, or
any person who provided information to it, relating to the work of the
loss prevention review team or the incident under review.
(4) Any document that exists prior to the appointment of a loss
prevention review team, or that is created independently of such a
team, does not become inadmissible merely because it is reviewed or
used by the loss prevention review team. A person does not become
unavailable as a witness merely because the person has been interviewed
by or has provided a statement to a loss prevention review team.
However, if called as a witness, the person may not be examined
regarding the person's interactions with the loss prevention review
team, including without limitation whether the loss prevention review
team interviewed the person, what questions the loss prevention review
team asked, and what answers the person provided to the loss prevention
review team. This section shall not be construed as restricting the
person from testifying fully in any proceeding regarding his or her
knowledge of the incident under review.
(5) Documents prepared by or for the loss prevention review team
are inadmissible and may not be used in a civil or administrative
proceeding, except that excerpts may be used to impeach the credibility
of a witness under the same circumstances that excerpts of the final
report may be used pursuant to subsection (2) of this section.
(6) The restrictions set forth in this section shall not apply in
a licensing or disciplinary proceeding arising from an agency's effort
to revoke or suspend the license of any licensed professional based in
whole or in part upon allegations of wrongdoing in connection with the
death, injury, or other incident reviewed by the loss prevention review
team.
(7) Within one hundred twenty days after completion of the final
report of a loss prevention review team, the agency under review shall
issue to the ((office of financial management)) department a response
to the report. The response will indicate (a) which of the report's
recommendations the agency hopes to implement, (b) whether
implementation of those recommendations will require additional funding
or legislation, and (c) whatever other information the director may
require. This response shall be considered part of the final report
and shall be subject to all provisions of this section that apply to
the
final report, including without limitation the restrictions on
admissibility and use in civil or administrative proceedings and the
obligation of the director to make the final report public.
(8) Nothing in RCW 43.41.370 or this section is intended to limit
the scope of a legislative inquiry into or review of an incident that
is the subject of a loss prevention review.
(9) Nothing in RCW 43.41.370 or in this section affects chapter
70.41 RCW and application of that chapter to state-owned or managed
hospitals licensed under chapter 70.41 RCW.
Sec. 510 RCW 43.41.110 and 2002 c 332 s 23 are each amended to
read as follows:
The office of financial management shall:
(1) Provide technical assistance to the governor and the
legislature in identifying needs and in planning to meet those needs
through state programs and a plan for expenditures.
(2) Perform the comprehensive planning functions and processes
necessary or advisable for state program planning and development,
preparation of the budget, inter-departmental and inter-governmental
coordination and cooperation, and determination of state capital
improvement requirements.
(3) Provide assistance and coordination to state agencies and
departments in their preparation of plans and programs.
(4) Provide general coordination and review of plans in functional
areas of state government as may be necessary for receipt of federal or
state funds.
(5) Participate with other states or subdivisions thereof in
interstate planning.
(6) Encourage educational and research programs that further
planning and provide administrative and technical services therefor.
(7) Carry out the provisions of RCW 43.62.010 through 43.62.050
relating to the state census.
(8) ((Carry out the provisions of this chapter and chapter 4.92 RCW
relating to risk management.)) Be the official state participant in the federal-state
cooperative program for local population estimates and as such certify
all city and county special censuses to be considered in the allocation
of state and federal revenues.
(9)
(((10))) (9) Be the official state center for processing and
dissemination of federal decennial or quinquennial census data in
cooperation with other state agencies.
(((11))) (10) Be the official state agency certifying annexations,
incorporations, or disincorporations to the United States bureau of the
census.
(((12))) (11) Review all United States bureau of the census
population estimates used for federal revenue sharing purposes and
provide a liaison for local governments with the United States bureau
of the census in adjusting or correcting revenue sharing population
estimates.
(((13))) (12) Provide fiscal notes depicting the expected fiscal
impact of proposed legislation in accordance with chapter 43.88A RCW.
(((14))) (13) Be the official state agency to estimate and manage
the cash flow of all public funds as provided in chapter 43.88 RCW. To
this end, the office shall adopt such rules as are necessary to manage
the cash flow of public funds.
Sec. 511 RCW 4.92.006 and 2002 c 332 s 10 are each amended to
read as follows:
As used in this chapter:
(1) (("Office" means the office of financial management.))
"Department" means the department of enterprise services.
(2) "Director" means the director of ((financial management))
enterprise services.
(3) (("Risk management division")) "Office of risk management"
means the ((division of the office of financial management)) office
within the department of enterprise services that carries out the
powers and duties under this chapter relating to claim filing, claims
administration, and claims payment.
(4) "Risk manager" means the person supervising the office of risk
management ((division)).
Sec. 512 RCW 4.92.040 and 2002 c 332 s 11 are each amended to
read as follows:
(1) No execution shall issue against the state on any judgment.
(2) Whenever a final judgment against the state is obtained in an
action on a claim arising out of tortious conduct, the claim shall be
paid from the liability account.
(3) Whenever a final judgment against the state shall have been
obtained in any other action, the clerk of the court shall make and
furnish to the office of risk management ((division)) a duly certified
copy of such judgment; the office of risk management ((division)) shall
thereupon audit the amount of damages and costs therein awarded, and
the same shall be paid from appropriations specifically provided for
such purposes by law.
(4) Final judgments for which there are no provisions in state law
for payment shall be transmitted by the office of risk management
((division)) to the senate and house of representatives committees on
ways and means as follows:
(a) On the first day of each session of the legislature, the office
of risk management ((division)) shall transmit judgments received and
audited since the adjournment of the previous session of the
legislature.
(b) During each session of legislature, the office of risk
management ((division)) shall transmit judgments immediately upon
completion of audit.
(5) All claims, other than judgments, made to the legislature
against the state of Washington for money or property, shall be
accompanied by a statement of the facts on which such claim is based
and such evidence as the claimant intends to offer in support of the
claim and shall be filed with the office of risk management
((division)), which shall retain the same as a record. All claims of
two thousand dollars or less shall be approved or rejected by the
office of risk management ((division)), and if approved shall be paid
from appropriations specifically provided for such purpose by law.
Such decision, if adverse to the claimant in whole or part, shall not
preclude the claimant from seeking relief from the legislature. If the
claimant accepts any part of his or her claim which is approved for
payment by the office of risk management ((division)), such acceptance
shall constitute a waiver and release of the state from any further
claims relating to the damage or injury asserted in the claim so
accepted. The office of risk management ((division)) shall submit to
the house and senate committees on ways and means, at the beginning of
each regular session, a comprehensive list of all claims paid pursuant
to this subsection during the preceding year. For all claims not
approved by the office of risk management ((division)), the office of
risk management ((division)) shall recommend to the legislature whether
such claims should be approved or rejected. Recommendations shall be
submitted to the senate and house of representatives committees on ways
and means not later than the thirtieth day of each regular session of
the legislature. Claims which cannot be processed for timely
submission of recommendations shall be held for submission during the
following regular session of the legislature. The recommendations
shall include, but not be limited to:
(a) A summary of the facts alleged in the claim, and a statement as
to whether these facts can be verified by the office of risk management
((division));
(b) An estimate by the office of risk management ((division)) of
the value of the loss or damage which was alleged to have occurred;
(c) An analysis of the legal liability, if any, of the state for
the alleged loss or damage; and
(d) A summary of equitable or public policy arguments which might
be helpful in resolving the claim.
(6) The legislative committees to whom such claims are referred
shall make a transcript, recording, or statement of the substance of
the evidence given in support of such a claim. If the legislature
approves a claim the same shall be paid from appropriations
specifically provided for such purpose by law.
(7) Subsections (3) through (6) of this section do not apply to
judgments or claims against the state housing finance commission
created under chapter 43.180 RCW.
Sec. 513 RCW 4.92.130 and 2009 c 560 s 15 are each amended to
read as follows:
A liability account in the custody of the treasurer is hereby
created as a nonappropriated account to be used solely and exclusively
for the payment of liability settlements and judgments against the
state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of
its officers, employees, and volunteers and all related legal defense
costs.
(1) The purpose of the liability account is to: (a) Expeditiously
pay legal liabilities and defense costs of the state resulting from
tortious conduct; (b) promote risk control through a cost allocation
system which recognizes agency loss experience, levels of self-retention, and levels of risk exposure; and (c) establish an
actuarially sound system to pay incurred losses, within defined limits.
(2) The liability account shall be used to pay claims for injury
and property damages and legal defense costs exclusive of agency-retained expenses otherwise budgeted.
(3) No money shall be paid from the liability account, except for
defense costs, unless all proceeds available to the claimant from any
valid and collectible liability insurance shall have been exhausted and
unless:
(a) The claim shall have been reduced to final judgment in a court
of competent jurisdiction; or
(b) The claim has been approved for payment.
(4) The liability account shall be financed through annual premiums
assessed to state agencies, based on sound actuarial principles, and
shall be for liability coverage in excess of agency-budgeted self-retention levels.
(5) Annual premium levels shall be determined by the risk manager.
An actuarial study shall be conducted to assist in determining the
appropriate level of funding.
(6) Disbursements for claims from the liability account shall be
made to the claimant, or to the clerk of the court for judgments, upon
written request to the state treasurer from the risk manager.
(7) The director may direct agencies to transfer moneys from other
funds and accounts to the liability account if premiums are delinquent.
(8) The liability account shall not exceed fifty percent of the
actuarial value of the outstanding liability as determined annually by
the office of risk management ((division)). If the account exceeds the
maximum amount specified in this section, premiums may be adjusted by
the office of risk management ((division)) in order to maintain the
account balance at the maximum limits. If, after adjustment of
premiums, the account balance remains above the limits specified, the
excess amount shall be prorated back to the appropriate funds.
Sec. 514 RCW 4.92.150 and 2002 c 332 s 15 are each amended to
read as follows:
After commencement of an action in a court of competent
jurisdiction upon a claim against the state, or any of its officers,
employees, or volunteers arising out of tortious conduct or pursuant to
42 U.S.C. Sec. 1981 et seq., or against a foster parent that the
attorney general is defending pursuant to RCW 4.92.070, or upon
petition by the state, the attorney general, with the prior approval of
the office of risk management ((division)) and with the approval of the
court, following such testimony as the court may require, may
compromise and settle the same and stipulate for judgment against the
state, the affected officer, employee, volunteer, or foster parent.
Sec. 515 RCW 4.92.160 and 2002 c 332 s 16 are each amended to
read as follows:
Payment of claims and judgments arising out of tortious conduct or
pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency
or department of state government with the exception of the office of
risk management ((division)), and that ((division)) office shall
authorize and direct the payment of moneys only from the liability
account whenever:
(1) The head or governing body of any agency or department of state
or the designee of any such agency certifies to the office of risk
management ((division)) that a claim has been settled; or
(2) The clerk of court has made and forwarded a certified copy of
a final judgment in a court of competent jurisdiction and the attorney
general certifies that the judgment is final and was entered in an
action on a claim arising out of tortious conduct or under and pursuant
to 42 U.S.C. Sec. 1981 et seq. Payment of a judgment shall be made to
the clerk of the court for the benefit of the judgment creditors. Upon
receipt of payment, the clerk shall satisfy the judgment against the
state.
Sec. 516 RCW 4.92.210 and 2002 c 332 s 17 are each amended to
read as follows:
(1) All liability claims arising out of tortious conduct or under
42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its
officers, employees, or volunteers would be liable for shall be filed
with the office of risk management ((division)).
(2) A centralized claim tracking system shall be maintained to
provide agencies with accurate and timely data on the status of
liability claims. Information in this claim file, other than the claim
itself, shall be privileged and confidential.
(3) Standardized procedures shall be established for filing,
reporting, processing, and adjusting claims, which includes the use of
qualified claims management personnel.
(4) All claims shall be reviewed by the office of risk management
((division)) to determine an initial valuation, to delegate to the
appropriate office to investigate, negotiate, compromise, and settle
the claim, or to retain that responsibility on behalf of and with the
assistance of the affected state agency.
(5) All claims that result in a lawsuit shall be forwarded to the
attorney general's office. Thereafter the attorney general and the
office of risk management ((division)) shall collaborate in the
investigation, denial, or settlement of the claim.
(6) Reserves shall be established for recognizing financial
liability and monitoring effectiveness. The valuation of specific
claims against the state shall be privileged and confidential.
(7) All settlements shall be approved by the responsible agencies,
or their designees, prior to settlement.
Sec. 517 RCW 4.92.270 and 2002 c 332 s 21 are each amended to
read as follows:
The risk manager shall develop procedures for standard
indemnification agreements for state agencies to use whenever the
agency agrees to indemnify, or be indemnified by, any person or party.
The risk manager shall also develop guidelines for the use of
indemnification agreements by state agencies. On request of the risk
manager, an agency shall forward to the office of risk management
((division)) for review and approval any contract or agreement
containing an indemnification agreement.
Sec. 518 RCW 4.92.280 and 1998 c 217 s 4 are each amended to read
as follows:
If chapter 217, Laws of 1998 mandates an increased level of service
by local governments, the local government may, under RCW 43.135.060
and chapter 4.92 RCW, submit claims for reimbursement by the
legislature. The claims shall be subject to verification by the
((office of financial management)) department of enterprise services.
Sec. 519 RCW 10.92.020 and 2008 c 224 s 2 are each amended to
read as follows:
(1) Tribal police officers under subsection (2) of this section
shall be recognized and authorized to act as general authority
Washington peace officers. A tribal police officer recognized and
authorized to act as a general authority Washington peace officer under
this section has the same powers as any other general authority
Washington peace officer to enforce state laws in Washington, including
the power to make arrests for violations of state laws.
(2) A tribal police officer may exercise the powers of law
enforcement of a general authority Washington peace officer under this
section, subject to the following:
(a) The appropriate sovereign tribal nation shall submit to the
((office of financial management)) department of enterprise services
proof of public liability and property damage insurance for vehicles
operated by the peace officers and police professional liability
insurance from a company licensed to sell insurance in the state. For
purposes of determining adequacy of insurance liability, the sovereign
tribal government must submit with the proof of liability insurance a
copy of the interlocal agreement between the sovereign tribal
government and the local governments that have shared jurisdiction
under this chapter where such an agreement has been reached pursuant to
subsection (10) of this section.
(i) Within the thirty days of receipt of the information from the
sovereign tribal nation, the ((office of financial management))
department of enterprise services shall either approve or reject the
adequacy of insurance, giving consideration to the scope of the
interlocal agreement. The adequacy of insurance under this chapter
shall be subject to annual review by the ((state office of financial
management)) department of enterprise services.
(ii) Each policy of insurance issued under this chapter must
include a provision that the insurance shall be available to satisfy
settlements or judgments arising from the tortious conduct of tribal
police officers when acting in the capacity of a general authority
Washington peace officer, and that to the extent of policy coverage
neither the sovereign tribal nation nor the insurance carrier will
raise a defense of sovereign immunity to preclude an action for damages
under state or federal law, the determination of fault in a civil
action, or the payment of a settlement or judgment arising from the
tortious conduct.
(b) The appropriate sovereign tribal nation shall submit to the
((office of financial management)) department of enterprise services
proof of training requirements for each tribal police officer. To be
authorized as a general authority Washington peace officer, a tribal
police officer must successfully complete the requirements set forth
under RCW 43.101.157. Any applicant not meeting the requirements for
certification as a tribal police officer may not act as a general
authority Washington peace officer under this chapter. The criminal
justice training commission shall notify the ((office of financial
management)) department of enterprise services if:
(i) A tribal police officer authorized under this chapter as a
general authority Washington state peace officer has been decertified
pursuant to RCW 43.101.157; or
(ii) An appropriate sovereign tribal government is otherwise in
noncompliance with RCW 43.101.157.
(3) A copy of any citation or notice of infraction issued, or any
incident report taken, by a tribal police officer acting in the
capacity of a general authority Washington peace officer as authorized
by this chapter must be submitted within three days to the police chief
or sheriff within whose jurisdiction the action was taken. Any
citation issued under this chapter shall be to a Washington court,
except that any citation issued to Indians within the exterior
boundaries of an Indian reservation may be cited to a tribal court.
Any arrest made or citation issued not in compliance with this chapter
is not enforceable.
(4) Any authorization granted under this chapter shall not in any
way expand the jurisdiction of any tribal court or other tribal
authority.
(5) The authority granted under this chapter shall be coextensive
with the exterior boundaries of the reservation, except that an officer
commissioned under this section may act as authorized under RCW
10.93.070 beyond the exterior boundaries of the reservation.
(6) For purposes of civil liability under this chapter, a tribal
police officer shall not be considered an employee of the state of
Washington or any local government except where a state or local
government has deputized a tribal police officer as a specially
commissioned officer. Neither the state of Washington and its
individual employees nor any local government and its individual
employees shall be liable for the authorization of tribal police
officers under this chapter, nor for the negligence or other misconduct
of tribal officers. The authorization of tribal police officers under
this chapter shall not be deemed to have been a nondelegable duty of
the state of Washington or any local government.
(7) Nothing in this chapter impairs or affects the existing status
and sovereignty of those sovereign tribal governments whose traditional
lands and territories lie within the borders of the state of Washington
as established under the laws of the United States.
(8) Nothing in this chapter limits, impairs, or nullifies the
authority of a county sheriff to appoint duly commissioned state or
federally certified tribal police officers as deputy sheriffs
authorized to enforce the criminal and traffic laws of the state of
Washington.
(9) Nothing in this chapter limits, impairs, or otherwise affects
the existing authority under state or federal law of state or local law
enforcement officers to enforce state law within the exterior
boundaries of an Indian reservation or to enter Indian country in fresh
pursuit, as defined in RCW 10.93.120, of a person suspected of
violating state law, where the officer would otherwise not have
jurisdiction.
(10) An interlocal agreement pursuant to chapter 39.34 RCW is
required between the sovereign tribal government and all local
government law enforcement agencies that will have shared jurisdiction
under this chapter prior to authorization taking effect under this
chapter. Nothing in this chapter shall limit, impair, or otherwise
affect the implementation of an interlocal agreement completed pursuant
to chapter 39.34 RCW by July 1, 2008, between a sovereign tribal
government and a local government law enforcement agency for
cooperative law enforcement.
(a) Sovereign tribal governments that meet all of the requirements
of subsection (2) of this section, but do not have an interlocal
agreement pursuant to chapter 39.34 RCW and seek authorization under
this chapter, may submit proof of liability insurance and training
certification to the ((office of financial management)) department of
enterprise services. Upon confirmation of receipt of the information
from the ((office of financial management)) department of enterprise
services, the sovereign tribal government and the local government law
enforcement agencies that will have shared jurisdiction under this
chapter have one year to enter into an interlocal agreement pursuant to
chapter 39.34 RCW. If the sovereign tribal government and the local
government law enforcement agencies that will have shared jurisdiction
under this chapter are not able to reach agreement after one year, the
sovereign tribal governments and the local government law enforcement
agencies shall submit to binding arbitration pursuant to chapter 7.04A
RCW with the American arbitration association or successor agency for
purposes of completing an agreement prior to authorization going into
effect.
(b) For the purposes of (a) of this subsection, those sovereign
tribal government and local government law enforcement agencies that
must enter into binding arbitration shall submit to last best offer
arbitration. For purposes of accepting a last best offer, the
arbitrator must consider other interlocal agreements between sovereign
tribal governments and local law enforcement agencies in Washington
state, any model policy developed by the Washington association of
sheriffs and police chiefs or successor agency, and national best
practices.
Sec. 520 RCW 48.62.021 and 2004 c 255 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Local government entity" or "entity" means every unit of local
government, both general purpose and special purpose, and includes, but
is not limited to, counties, cities, towns, port districts, public
utility districts, water-sewer districts, school districts, fire
protection districts, irrigation districts, metropolitan municipal
corporations, conservation districts, and other political subdivisions,
governmental subdivisions, municipal corporations, and quasi-municipal
corporations.
(2) "Risk assumption" means a decision to absorb the entity's
financial exposure to a risk of loss without the creation of a formal
program of advance funding of anticipated losses.
(3) "Self-insurance" means a formal program of advance funding and
management of entity financial exposure to a risk of loss that is not
transferred through the purchase of an insurance policy or contract.
(4) "Health and welfare benefits" means a plan or program
established by a local government entity or entities for the purpose of
providing its employees and their dependents, and in the case of school
districts, its district employees, students, directors, or any of their
dependents, with health care, accident, disability, death, and salary
protection benefits.
(5) "Property and liability risks" includes the risk of property
damage or loss sustained by a local government entity and the risk of
claims arising from the tortious or negligent conduct or any error or
omission of the local government entity, its officers, employees,
agents, or volunteers as a result of which a claim may be made against
the local government entity.
(6) "State risk manager" means the risk manager of the office of
risk management ((division)) within the ((office of financial
management)) department of enterprise services.
(7) "Nonprofit corporation" or "corporation" has the same meaning
as defined in RCW 24.03.005(3).
Sec. 521 RCW 48.64.010 and 2009 c 314 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Affordable housing" means housing projects in which some of
the dwelling units may be purchased or rented on a basis that is
affordable to households with an income of eighty percent or less of
the county median family income, adjusted for family size.
(2) "Affordable housing entity" means any of the following:
(a) A housing authority created under the laws of this state or
another state and any agency or instrumentality of a housing authority
including, but not limited to, a legal entity created to conduct a
joint self-insurance program for housing authorities that is operating
in accordance with chapter 48.62 RCW;
(b) A nonprofit corporation, whether organized under the laws of
this state or another state, that is engaged in providing affordable
housing and is necessary for the completion, management, or operation
of a project because of its access to funding sources that are not
available to a housing authority, as described in this section; or
(c) A general or limited partnership or limited liability company,
whether organized under the laws of this state or another state, that
is engaged in providing affordable housing as defined in this section.
A partnership or limited liability company may only be considered an
affordable housing entity if a housing authority or nonprofit
corporation, as described in this subsection, satisfies any of the
following conditions: (i) It has, or has the right to acquire, a
financial or ownership interest in the partnership or limited liability
company; (ii) it possesses the power to direct management or policies
of the partnership or limited liability company; or (iii) it has
entered into a contract to lease, manage, or operate the affordable
housing owned by the partnership or limited liability company.
(3) "Property and liability risks" includes the risk of property
damage or loss sustained by an affordable housing entity and the risk
of claims arising from the tortious or negligent conduct or any error
or omission of the entity, its officers, employees, agents, or
volunteers as a result of which a claim may be made against the entity.
(4) "Self-insurance" means a formal program of advance funding and
management of entity financial exposure to a risk of loss that is not
transferred through the purchase of an insurance policy or contract.
(5) "State risk manager" means the risk manager of the office of
risk management ((division)) within the ((office of financial
management)) department of enterprise services.
Sec. 522 RCW 39.29.011 and 2009 c 486 s 7 are each amended to
read as follows:
All personal service contracts shall be entered into pursuant to
competitive solicitation, except for:
(1) Emergency contracts;
(2) Sole source contracts;
(3) Contract amendments;
(4) Contracts between a consultant and an agency of less than
twenty thousand dollars. However, contracts of five thousand dollars
or greater but less than twenty thousand dollars shall have documented
evidence of competition, which must include agency posting of the
contract opportunity on the state's common vendor registration and bid
notification system. Agencies shall not structure contracts to evade
these requirements; and
(5) Other specific contracts or classes or groups of contracts
exempted from the competitive solicitation process by the director of
the ((office of financial management)) department of enterprise
services when it has been determined that a competitive solicitation
process is not appropriate or cost-effective.
Sec. 523 RCW 39.29.016 and 1998 c 101 s 4 are each amended to
read as follows:
Emergency contracts shall be filed with the ((office of financial
management)) department of enterprise services and made available for
public inspection within three working days following the commencement
of work or execution of the contract, whichever occurs first.
Documented justification for emergency contracts shall be provided to
the ((office of financial management)) department of enterprise
services when the contract is filed.
Sec. 524 RCW 39.29.018 and 2009 c 486 s 8 are each amended to
read as follows:
(1) Sole source contracts shall be filed with the ((office of
financial management)) department of enterprise services and made
available for public inspection at least ten working days prior to the
proposed starting date of the contract. Documented justification for
sole source contracts shall be provided to the ((office of financial
management)) department of enterprise services when the contract is
filed, and must include evidence that the agency posted the contract
opportunity on the state's common vendor registration and bid
notification system. For sole source contracts of twenty thousand
dollars or more, documented justification shall also include evidence
that the agency attempted to identify potential consultants by
advertising through statewide or regional newspapers.
(2) The ((office of financial management)) department of enterprise
services shall approve sole source contracts of twenty thousand dollars
or more before any such contract becomes binding and before any
services
may be performed under the contract. These requirements shall
also apply to sole source contracts of less than twenty thousand
dollars if the total amount of such contracts between an agency and the
same consultant is twenty thousand dollars or more within a fiscal
year. Agencies shall ensure that the costs, fees, or rates negotiated
in filed sole source contracts of twenty thousand dollars or more are
reasonable.
Sec. 525 RCW 39.29.025 and 1998 c 101 s 6 are each amended to
read as follows:
(1) Substantial changes in either the scope of work specified in
the contract or in the scope of work specified in the formal
solicitation document must generally be awarded as new contracts.
Substantial changes executed by contract amendments must be submitted
to the ((office of financial management)) department of enterprise
services, and are subject to approval by the ((office of financial
management)) department of enterprise services.
(2) An amendment or amendments to personal service contracts, if
the value of the amendment or amendments, whether singly or
cumulatively, exceeds fifty percent of the value of the original
contract must be provided to the ((office of financial management))
department of enterprise services.
(3) The ((office of financial management)) department of enterprise
services shall approve amendments provided to it under this section
before the amendments become binding and before services may be
performed under the amendments.
(4) The amendments must be filed with the ((office of financial
management)) department of enterprise services and made available for
public inspection at least ten working days prior to the proposed
starting date of services under the amendments.
(5) The ((office of financial management)) department of enterprise
services shall approve amendments provided to it under this section
only if they meet the criteria for approval of the amendments
established by the director of the ((office of financial management))
department of enterprise services.
Sec. 526 RCW 39.29.055 and 1998 c 101 s 8 are each amended to
read as follows:
(1) Personal service contracts subject to competitive solicitation
shall be (a) filed with the ((office of financial management))
department of enterprise services and made available for public
inspection; and (b) reviewed and approved by the ((office of financial
management)) department of enterprise services when those contracts
provide services relating to management consulting, organizational
development, marketing, communications, employee training, or employee
recruiting.
(2) Personal service contracts subject to competitive solicitation
that provide services relating to management consulting, organizational
development, marketing, communications, employee training, or employee
recruiting shall be made available for public inspection at least ten
working days before the proposed starting date of the contract. All
other contracts shall be effective no earlier than the date they are
filed with the ((office of financial management)) department of
enterprise services.
Sec. 527 RCW 39.29.065 and 2009 c 486 s 9 are each amended to
read as follows:
To implement this chapter, the director of the ((office of
financial management)) department of enterprise services shall
establish procedures for the competitive solicitation and award of
personal service contracts, recordkeeping requirements, and procedures
for the reporting and filing of contracts. The director shall 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. For reporting purposes, the
director may establish categories for grouping of contracts. The
procedures required under this section shall also include the criteria
for amending personal service contracts. At the beginning of each
biennium, the director may, by administrative policy, adjust the dollar
thresholds prescribed in RCW 39.29.011, 39.29.018, and 39.29.040 to
levels not to exceed the percentage increase in the implicit price
deflator. Adjusted dollar thresholds shall be rounded to the nearest
five hundred dollar increment.
Sec. 528 RCW 39.29.068 and 1998
c 245 s 33 and 1998 c 101 s 10
are each reenacted and amended to read as follows:
The ((office of financial management)) department of enterprise
services shall maintain a publicly available list of all personal
service contracts entered into by state agencies during each fiscal
year. The list shall identify the contracting agency, the contractor,
the purpose of the contract, effective dates and periods of
performance, the cost of the contract and funding source, any
modifications to the contract, and whether the contract was
competitively procured or awarded on a sole source basis. The ((office
of financial management)) department of enterprise services shall also
ensure that state accounting definitions and procedures are consistent
with RCW 39.29.006 and permit the reporting of personal services
expenditures by agency and by type of service. Designations of type of
services shall include, but not be limited to, management and
organizational services, legal and expert witness services, financial
services, computer and information services, social or technical
research, marketing, communications, and employee training or
recruiting services. The ((office of financial management)) department
of enterprise services shall report annually to the fiscal committees
of the senate and house of representatives on sole source contracts
filed under this chapter. The report shall describe: (1) The number
and aggregate value of contracts for each category established in this
section; (2) the number and aggregate value of contracts of five
thousand dollars or greater but less than twenty thousand dollars; (3)
the number and aggregate value of contracts of twenty thousand dollars
or greater; (4) the justification provided by agencies for the use of
sole source contracts; and (5) any trends in the use of sole source
contracts.
Sec. 529 RCW 39.29.075 and 1987 c 414 s 9 are each amended to
read as follows:
As requested by the legislative auditor, the ((office of financial
management)) department of enterprise services shall provide
information on contracts filed under this chapter for use in
preparation of summary reports on personal services contracts.
Sec.530 RCW 39.29.090 and 1998 c 101 s 11 are each amended to
read as follows:
Personal service contracts awarded by institutions of higher
education from nonstate funds do not have to be filed in advance and
approved by the ((office of financial management)) department of
enterprise services. Any such contract is subject to all other
requirements of this chapter, including the requirements under RCW
39.29.068 for annual reporting of personal service contracts to the
((office of financial management)) department of enterprise services.
Sec. 531 RCW 39.29.100 and 2002 c 260 s 7 are each amended to
read as follows:
(1) The ((office of financial management)) department of enterprise
services shall adopt uniform guidelines for the effective and efficient
management of personal service contracts and client service contracts
by all state agencies. The guidelines must, at a minimum, include:
(a) Accounting methods, systems, measures, and principles to be
used by agencies and contractors;
(b) Precontract procedures for selecting potential contractors
based on their qualifications and ability to perform;
(c) Incorporation of performance measures and measurable benchmarks
in contracts, and the use of performance audits;
(d) Uniform contract terms to ensure contract performance and
compliance with state and federal standards;
(e) Proper payment and reimbursement methods to ensure that the
state receives full value for taxpayer moneys, including cost
settlements and cost allowance;
(f) Postcontract procedures, including methods for recovering
improperly spent or overspent moneys for disallowance and adjustment;
(g) Adequate contract remedies and sanctions to ensure compliance;
(h) Monitoring, fund tracking, risk assessment, and auditing
procedures and requirements;
(i) Financial reporting, record retention, and record access
procedures and requirements;
(j) Procedures and criteria for terminating contracts for cause or
otherwise; and
(k) Any other subject related to effective and efficient contract
management.
(2) The ((office of financial management)) department of enterprise
services shall submit the guidelines required by subsection (1) of this
section to the governor and the appropriate standing committees of the
legislature no later than December 1, 2002.
(3) The ((office of financial management)) department of enterprise
services shall publish a guidebook for use by state agencies containing
the guidelines required by subsection (1) of this section.
Sec. 532 RCW 39.29.110 and 2002 c 260 s 8 are each amended to
read as follows:
(1) A state agency entering into or renewing personal service
contracts or client service contracts shall follow the guidelines
required by RCW 39.29.100.
(2) A state agency that has entered into or renewed personal
service contracts or client service contracts during a calendar year
shall, on or before January 1st of the following calendar year, provide
the ((office of financial management)) department of enterprise
services with a report detailing the procedures the agency employed in
entering into, renewing, and managing the contracts.
(3) The provisions of this section apply to state agencies entering
into or renewing contracts after January 1, 2003.
Sec. 533 RCW 39.29.120 and 2002 c 260 s 9 are each amended to
read as follows:
(1) The ((office of financial management)) department of enterprise
services shall provide a training course for agency personnel
responsible for executing and managing personal service contracts and
client service contracts. The course must contain training on
effective and efficient contract management under the guidelines
established under RCW 39.29.100. State agencies shall require agency
employees responsible for executing or managing personal service
contracts and client service contracts to complete the training course
to the satisfaction of the ((office of financial management))
department of enterprise services. Beginning January 1, 2004, no
agency employee may execute or manage personal service contracts or
client service contracts unless the employee has completed the training
course. Any request for exception to this requirement shall be
submitted to the ((office of financial management)) department of
enterprise services in writing and shall be approved by the ((office of
financial management)) department of enterprise services prior to the
employee executing or managing the contract.
(2)(a) The ((office of financial management)) department of
enterprise services shall conduct risk-based audits of the contracting
practices associated with individual personal service and client
service contracts from multiple state agencies to ensure compliance
with the guidelines established in RCW 39.29.110. The ((office of
financial management)) department of enterprise services shall conduct
the number of audits deemed appropriate by the director of the ((office
of financial management)) department of enterprise services based on
funding provided.
(b) The ((office of financial management)) department of enterprise
services shall forward the results of the audits conducted under this
section to the governor, the appropriate standing committees of the
legislature, and the joint legislative audit and review committee.
Sec. 534 RCW 43.88.580 and 2008 c 326 s 3 are each amended to
read as follows:
(1) The ((office of financial management)) department of enterprise
services shall make electronically available to the public a database
of state agency contracts for personal services required to be filed
with the ((office of financial management)) department of enterprise
services under chapter 39.29 RCW.
(2) The state expenditure information web site described in RCW
44.48.150 shall include a link to the ((office of financial
management)) department of enterprise services database described in
subsection (1) of this section.
NEW SECTION. Sec. 535 RCW 43.41.280, 43.41.290, 43.41.300,
43.41.310, 43.41.320, 43.41.330, 43.41.340, 43.41.350, and 43.41.360
are each recodified as sections in chapter 43.19 RCW.
Sec. 601 RCW
43.105.080 and 2010 1st sp.s. c 37 s 931 are each
amended to read as follows:
There is created a revolving fund to be known as the data
processing revolving fund in the custody of the state treasurer. The
revolving fund shall be used for the acquisition of equipment,
software, supplies, and services and the payment of salaries, wages,
and other costs incidental to the acquisition, development, operation,
and administration of information services, telecommunications,
systems, software, supplies and equipment, including the payment of
principal and interest on bonds issued for capital projects, by the
department, Washington State University's computer services center, the
department of ((personnel's)) enterprise services' personnel
information systems ((division, the office of financial management's))
group and financial systems management group, and other users as
((jointly)) determined by the ((department and the)) office of
financial management. The revolving fund is subject to the allotment
procedure provided under chapter 43.88 RCW. The chief information
officer or the chief information officer's designee, with the approval
of the technology services board, is authorized to expend up to one
million dollars per fiscal biennium for the technology services board
to conduct independent technical and financial analysis of proposed
information technology projects, and such an expenditure does not
require an appropriation. Disbursements from the revolving fund for
the services component of the department are not subject to
appropriation. Disbursements for the strategic planning and policy
component of the department are subject to appropriation. All
disbursements from the fund are subject to the allotment procedures
provided under chapter 43.88 RCW. The department shall establish and
implement a billing structure to assure all agencies pay an equitable
share of the costs.
During the 2009-2011 fiscal biennium, the legislature may transfer
from the data processing revolving account to the state general fund
such amounts as reflect the excess fund balance associated with the
information technology pool.
As used in this section, the word "supplies" shall not be
interpreted to delegate or abrogate the division of purchasing's
responsibilities and authority to purchase supplies as described in RCW
43.19.190 and 43.19.200.
Sec. 602 RCW 43.105.320 and 1999 c
287 s 18 are each amended to
read as follows:
The department of ((information)) enterprise services may become a
licensed certification authority, under chapter 19.34 RCW, for the
purpose of providing services to agencies, local governments, and other
entities and persons for purposes of official state business. The
department is not subject to RCW 19.34.100(1)(a). The department shall
only issue certificates, as defined in RCW 19.34.020, in which the
subscriber is:
(1) The state of Washington or a department, office, or agency of
the state;
(2) A city, county, district, or other municipal corporation, or a
department, office, or agency of the city, county, district, or
municipal corporation;
(3) An agent or employee of an entity described by subsection (1)
or (2) of this section, for purposes of official public business;
(4) Any other person or entity engaged in matters of official
public business, however, such certificates shall be limited only to
matters of official public business. The department may issue
certificates to such persons or entities only if after issuing a
request for proposals from certification authorities licensed under
chapter 19.34 RCW and review of the submitted proposals, makes a
determination that such private services are not sufficient to meet the
department's published requirements. The department must set forth in
writing the basis of any such determination and provide procedures for
challenge of the determination as provided by the state procurement
requirements; or
(5) An applicant for a license as a certification authority for the
purpose of compliance with RCW 19.34.100(1)(a).
Sec. 603 RCW 43.105.370 and 2009 c 509 s 2 are each amended to
read as follows:
(1) The broadband mapping account is established in the custody of
the state treasurer. The department shall deposit into the account
such funds received from legislative appropriation, federal ((grants
authorized under the federal broadband data improvement act, P.L. 110-385, Title I)) funding, and donated funds from private and public
sources. Expenditures from the account may be used only for the
purposes of RCW 43.105.372 through 43.105.376 (as recodified by this
act). Only the director of the department or the director's designee
may authorize expenditures from the account. The account is subject to
the allotment procedures under chapter 43.88 RCW, but an appropriation
is not required for expenditures.
(2) The department ((of information services)) is the single
eligible entity in the state for purposes of the federal broadband
((data improvement act, P.L. 110-385, Title I)) mapping activities.
(3) Federal funding received by the department ((under the federal
broadband data improvement act, P.L. 110-385, Title I,)) for broadband
mapping activities must be used in accordance with ((the)) any federal
requirements ((of that act)) and, subject to those requirements, may be
distributed by the department on a competitive basis to other entities
in the state ((to achieve the purposes of that act)).
(4) The department ((of information services)) shall consult with
((the department of community, trade, and economic development or its
successor agency,)) the office of financial management((,)) and the
utilities and transportation commission in coordinating broadband
mapping activities. In carrying out any broadband mapping activities,
the provisions of P.L. 110-385, Title I, regarding trade secrets,
commercial or financial information, and privileged or confidential
information submitted by the federal communications commission or a
broadband provider are deemed to encompass the consulted agencies.
Sec. 604 RCW 43.105.372 and 2009 c 509 s 3 are each amended to
read as follows:
(1) Subject to the availability of federal or state funding, the
department may:
(a) Develop an interactive web site to allow residents to self-report whether high-speed internet is available at their home or
residence and at what speed; and
(b) Conduct a detailed survey of all high-speed internet
infrastructure owned or leased by state agencies and ((creating
[create])) create a geographic information system map of all high-speed
internet infrastructure owned or leased by the state.
(2) State agencies responding to a survey request from the
department under subsection (1)(b) of this section shall respond in a
reasonable and timely manner, not to exceed one hundred twenty days.
The department shall request of state agencies, at a minimum:
(a) The total bandwidth of high-speed internet infrastructure owned
or leased;
(b) The cost of maintaining that high-speed internet
infrastructure, if owned, or the price paid for the high-speed internet
infrastructure, if leased; and
(c) The leasing entity, if applicable.
(3) The department may adopt rules as necessary to carry out the
provisions of this section.
(4) For purposes of this section, "state agency" includes every
state office, department, division, bureau, board, commission, or other
state agency.
Sec. 605 RCW 43.105.374 and 2009 c 509 s 4 are each amended to
read as follows:
(1) The department is authorized, through a competitive bidding
process, to procure on behalf of the state a geographic information
system map detailing high-speed internet infrastructure, service
availability, and adoption. This geographic information system map may
include adoption information, availability information, type of high-speed internet deployment technology, and available speed tiers for
high-speed internet based on any publicly available data.
(2) The department may procure this map either by:
(a) Contracting for and purchasing a completed map or updates to a
map from a third party; or
(b) Working directly with the federal communications commission to
accept publicly available data.
(3) The department shall establish an accountability and oversight
structure to ensure that there is transparency in the bidding and
contracting process and full financial and technical accountability for
any information or actions taken by a third-party contractor creating
this map.
(4) In contracting for purchase of the map or updates to a map in
subsection (2)(a) of this section, the department may take no action,
nor impose any condition on the third party, that causes any record
submitted by a public or private broadband service provider to the
third party to meet the standard of a public record as defined in RCW
42.56.010. This prohibition does not apply to any records delivered to
the department by the third party as a component of the ((completed))
map. For the purpose of RCW 42.56.010(((2))) (3), the purchase by the
department of a completed map or updates to a map may not be deemed use
or ownership by the department of the underlying information used by
the third party to complete the map.
(5) Data or information that is publicly available as of July 1,
2009, will not cease to be publicly available due to any provision of
chapter 509, Laws of 2009.
Sec. 606 RCW 43.105.376 and 2009 c 509 s 5 are each amended to
read as follows:
(1) The department, in coordination with ((the department of
community, trade, and economic development and)) the utilities and
transportation commission, and such advisors as the department chooses,
may prepare regular reports that identify the following:
(a) The geographic areas of greatest priority for the deployment of
advanced telecommunications infrastructure in the state;
(b) A detailed explanation of how any amount of funding received
from the federal government for the purposes of broadband mapping,
deployment, and adoption will be or have been used; and
(c) A determination of how nonfederal sources may be utilized to
achieve the purposes of broadband mapping, deployment, and adoption
activities in the state.
(2) To the greatest extent possible, the initial report should be
based upon the information identified in the geographic system maps
developed under the requirements of this chapter.
(3) The initial report should be delivered to the appropriate
committees of the legislature as soon as feasible, but no later than
January 18, 2010.
(4) Any future reports prepared by the department based upon the
requirements of subsection (1) of this section should be delivered to
the appropriate committees of the legislature by January 15th of each
year.
Sec. 607 RCW 43.105.380 and 2009 c 509 s 6 are each amended to
read as follows:
The community technology opportunity program is created to support
the efforts of community technology programs throughout the state. The
community technology opportunity program must be administered by the
department ((of information services)). The department may contract
for services in order to carry out the department's obligations under
this section.
(1) In implementing the community technology opportunity program
the ((administrator)) director must, to the extent funds are
appropriated for this purpose:
(a) Provide organizational and capacity building support to
community technology programs throughout the state, and identify and
facilitate the availability of other public and private sources of
funds to enhance the purposes of the program and the work of community
technology programs. No more than fifteen percent of funds received by
the ((administrator)) director for the program may be expended on these
functions;
(b) Establish a competitive grant program and provide grants to
community technology programs to provide training and skill-building
opportunities; access to hardware and software; internet connectivity;
digital media literacy; assistance in the adoption of information and
communication technologies in low-income and underserved areas of the
state; and development of locally relevant content and delivery of
vital services through technology.
(2) Grant applicants must:
(a) Provide evidence that the applicant is a nonprofit entity or a
public entity that is working in partnership with a nonprofit entity;
(b) Define the geographic area or population to be served;
(c) Include in the application the results of a needs assessment
addressing, in the geographic area or among the population to be
served: The impact of inadequacies in technology access or knowledge,
barriers faced, and services needed;
(d) Explain in detail the strategy for addressing the needs
identified and an implementation plan including objectives, tasks, and
benchmarks for the applicant and the role that other organizations will
play in assisting the applicant's efforts;
(e) Provide evidence of matching funds and resources, which are
equivalent to at least one-quarter of the grant amount committed to the
applicant's strategy;
(f) Provide evidence that funds applied for, if received, will be
used to provide effective delivery of community technology services in
alignment with the goals of this program and to increase the
applicant's level of effort beyond the current level; and
(g) Comply with such other requirements as the ((administrator))
director establishes.
(3) The ((administrator)) director may use no more than ten percent
of funds received for the community technology opportunity program to
cover administrative expenses.
(4) The ((administrator)) director must establish expected program
outcomes for each grant recipient and must require grant recipients to
provide an annual accounting of program outcomes.
Sec. 608 RCW 43.105.382 and 2009 c 509 s 8 are each amended to
read as follows:
The Washington community technology opportunity account is
established in the state treasury. The governor or the governor's
designee and the director or the director's designee shall deposit into
the account federal grants to the state ((authorized under Division B,
Title VI of the American recovery and reinvestment act of 2009)),
legislative appropriations, and donated funds from private and public
sources for purposes related to broadband deployment and adoption,
including matching funds required by the act. Donated funds from
private and public sources may be deposited into the account.
Expenditures from the account may be used only as matching funds for
federal and other grants to fund the operation of the community
technology opportunity program under this chapter, and to fund other
broadband-related activities authorized in chapter 509, Laws of 2009.
Only the director or the director's designee may authorize expenditures
from the account.
Sec. 609 RCW 43.105.390 and 2009 c 509 s 9 are each amended to
read as follows:
(1) The governor may take all appropriate steps to ((carry out the
purposes of Division B, Title VI of the American recovery and
reinvestment act of 2009, P.L. 111-5, and)) seek federal funding in
order to maximize investment in broadband deployment and adoption in
the state of Washington ((consistent with chapter 509, Laws of 2009)).
Such steps may include the designation of a broadband deployment and
adoption coordinator; review and prioritization of grant applications
by public and private entities as directed by the national
telecommunications and information administration, the rural utility
services, and the federal communications commission; disbursement of
block grant funding; and direction to state agencies to provide
staffing as necessary to carry out this section. The authority for
overseeing broadband adoption and deployment efforts on behalf of the
state is vested in the department.
(2) The department may apply for federal funds and other grants or
donations, may deposit such funds in the Washington community
technology opportunity account created in RCW 43.105.382 (as recodified
by this act), may oversee implementation of federally funded or
mandated broadband programs for the state and may adopt rules to
administer the programs. These programs may include but are not
limited to the following:
(a) Engaging in periodic statewide surveys of residents,
businesses, and nonprofit organizations concerning their use and
adoption of high-speed internet, computer, and related information
technology for the purpose of identifying barriers to adoption;
(b) Working with communities to identify barriers to the adoption
of broadband service and related information technology services by
individuals, nonprofit organizations, and businesses;
(c) Identifying broadband demand opportunities in communities by
working cooperatively with local organizations, government agencies,
and businesses;
(d) Creating, implementing, and administering programs to improve
computer ownership, technology literacy, digital media literacy, and
high-speed internet access for populations not currently served or
underserved in the state. This may include programs to provide low-income families, community-based nonprofit organizations, nonprofit
entities, and public entities that work in partnership with nonprofit
entities to provide increased access to computers and broadband, with
reduced cost internet access;
(e) Administering the community technology opportunity program
under RCW 43.105.380 and 43.105.382 (as recodified by this act);
(f) Creating additional programs to spur the development of high-speed internet resources in the state;
(g) Establishing technology literacy and digital inclusion programs
and establishing low-cost hardware, software, and internet purchasing
programs that may include allowing participation by community
technology programs in state purchasing programs; and
(h) Developing technology loan programs targeting small businesses
or businesses located in unserved and underserved areas.
Sec. 610 RCW 43.105.400 and 2009 c 509 s 10 are each amended to
read as follows:
(((1))) Subject to the availability of federal or state funding,
the department may ((reconvene the high-speed internet work group
previously established by chapter 262, Laws of 2008. The work group is
renamed the advisory council on digital inclusion, and is)) convene an
advisory group ((to the department)) on digital inclusion and
technology planning. The ((council must)) advisory group may include,
but is not limited to, volunteer representatives from community
technology organizations, telecommunications providers, higher
education institutions, K-12 education institutions, public health
institutions, public housing entities, and local government and other
governmental entities that are engaged in community technology
activities.
(((2) The council shall prepare a report by January 15th of each
year and submit it to the department, the governor, and the appropriate
committees of the legislature. The report must contain: ))
(a) An analysis of how support from public and private sector
partnerships, the philanthropic community, and other not-for-profit
organizations in the community, along with strong relationships with
the state board for community and technical colleges, the higher
education coordinating board, and higher education institutions, could
establish a variety of high-speed internet access alternatives for
citizens;
(b) Proposed strategies for continued broadband deployment and
adoption efforts, as well as further development of advanced
telecommunications applications;
(c) Recommendations on methods for maximizing the state's research
and development capacity at universities and in the private sector for
developing advanced telecommunications applications and services, and
recommendations on incentives to stimulate the demand for and
development of these applications and services;
(d) An identification of barriers that hinder the advancement of
technology entrepreneurship in the state; and
(e) An evaluation of programs designed to advance digital literacy
and computer access that are made available by the federal government,
local agencies, telecommunications providers, and business and
charitable entities.
Sec. 611 RCW 41.07.030 and 1975 1st ex.s. c 239 s 3 are each
amended to read as follows:
The costs of administering, maintaining, and operating the central
personnel-payroll system shall be distributed to the using state
agencies. In order to insure proper and equitable distribution of
costs the department of personnel shall utilize cost accounting
procedures to identify all costs incurred in the administration,
maintenance, and operation of the central personnel-payroll system. In
order to facilitate proper and equitable distribution of costs to the
using state agencies the department of personnel is authorized to
utilize the data processing revolving fund created by RCW 43.105.080
(as recodified by this act) and the ((department of)) personnel service
fund created by RCW 41.06.280.
Sec. 612 RCW 43.99I.040 and 1997 c 456 s 39 are each amended to
read as follows:
(1) On each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of RCW 43.99I.020(4),
the state treasurer shall transfer from property taxes in the state
general fund levied for this support of the common schools under RCW
84.52.065 to the general fund of the state treasury for unrestricted
use the amount computed in RCW 43.99I.030 for the bonds issued for the
purposes of RCW 43.99I.020(4).
(2) On each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of RCW 43.99I.020(5),
the state treasurer shall transfer from higher education operating fees
deposited in the general fund to the general fund of the state treasury
for unrestricted use, or if chapter 231, Laws of 1992 (Senate Bill No.
6285) becomes law and changes the disposition of higher education
operating fees from the general fund to another account, the state
treasurer shall transfer the proportional share from the University of
Washington operating fees account, the Washington State University
operating fees account, and the Central Washington University operating
fees account the amount computed in RCW 43.99I.030 for the bonds issued
for the purposes of RCW 43.99I.020(6).
(3) On each date on which any interest or principal and interest
payment is due on bonds issued for the purposes of RCW 43.99I.020(6),
the state treasurer shall transfer from the data processing revolving
fund created in RCW 43.105.080 (as recodified by this act) to the
general fund of the state treasury the amount computed in RCW
43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020(6).
(4) On each date on which any interest or principal and interest
payment is due on bonds issued for the purpose of RCW 43.99I.020(7),
the Washington state dairy products commission shall cause the amount
computed in RCW 43.99I.030 for the bonds issued for the purposes of RCW
43.99I.020(7) to be paid out of the commission's general operating fund
to the state treasurer for deposit into the general fund of the state
treasury.
(5) The higher education operating fee accounts for the University
of Washington, Washington State University, and Central Washington
University established by chapter 231, Laws of 1992 and repealed by
chapter 18, Laws of 1993 1st sp. sess. are reestablished in the state
treasury for purposes of fulfilling debt service reimbursement
transfers to the general fund required by bond resolutions and
covenants for bonds issued for purposes of RCW 43.99I.020(5).
(6) For bonds issued for purposes of RCW 43.99I.020(5), on each
date on which any interest or principal and interest payment is due,
the board of regents or board of trustees of the University of
Washington, Washington State University, or Central Washington
University shall cause the amount as determined by the state treasurer
to be paid out of the local operating fee account for deposit by the
universities into the state treasury higher education operating fee
accounts. The state treasurer shall transfer the proportional share
from the University of Washington operating fees account, the
Washington State University operating fees account, and the Central
Washington University operating fees account the amount computed in RCW
43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020(6)
to reimburse the general fund.
NEW SECTION. Sec. 613 The following acts or parts of acts are
each repealed:
(1) RCW 43.105.300 (Education in use of technology encouraged) and
1996 c 171 s 14; and
(2) RCW 43.105.360 (Web directory -- Public community technology
programs) and 2008 c 262 s 5.
NEW SECTION. Sec. 614 RCW 43.105.080, 43.105.320, and 43.105.410
are each recodified as sections in chapter 43.19 RCW.
NEW SECTION. Sec. 615 RCW 43.105.370, 43.105.372, 43.105.374,
43.105.376, 43.105.380, 43.105.382, 43.105.390, and 43.105.400 are each
recodified as sections in chapter 43.330 RCW.
NEW SECTION. Sec. 701 Information technology is a tool used by
state agencies to improve their ability to deliver public services
efficiently and effectively. Advances in information technology -including advances in hardware, software, and business processes for
implementing and managing these resources - offer new opportunities to
improve the level of support provided to citizens and state agencies
and to reduce the per-transaction cost of these services. These
advances are one component in the process of reengineering how
government delivers services to citizens.
To fully realize the service improvements and cost efficiency from
the effective application of information technology to its business
processes, state government must establish decision-making structures
that connect business processes and information technology in an
operating model. Many of these business practices transcend individual
agency processes and should be worked at the enterprise level. To do
this requires an effective partnership of executive management,
business processes owners, and providers of support functions necessary
to efficiently and effectively deliver services to citizens.
To maximize the potential for information technology to contribute
to government business process reengineering the state must establish
clear central authority to plan, set enterprise standards, and provide
project oversight and management analysis of the various aspects of a
business process.
Establishing the office of chief information officer and partnering
it with the director of financial management will provide state
government with the cohesive structure necessary to develop improved
operating models with agency directors and reengineer business process
to enhance service delivery while capturing savings.
NEW SECTION. Sec. 702 (1) The office of the chief information
officer is created within the office of financial management.
(2) Powers, duties, and functions assigned to the department of
information services as specified in this chapter shall be transferred
to the office of chief information officer as provided in this chapter.
(3) The primary duties of the office are:
(a) To prepare and lead the implementation of a strategic direction
and enterprise architecture for information technology for state
government;
(b) To enable the standardization and consolidation of information
technology infrastructure across all state agencies to support
enterprise-based system development and improve and maintain service
delivery;
(c) To establish standards and policies for the consistent and
efficient operation of information technology services throughout state
government;
(d) To establish statewide enterprise architecture that will serve
as the organizing standard for information technology for state
agencies;
(e) Educate and inform state managers and policymakers on
technological developments, industry trends and best practices,
industry benchmarks that strengthen decision making and professional
development, and industry understanding for public managers and
decision makers.
(4) In the case of institutions of higher education, the powers of
the office and the provisions of this chapter apply to business and
administrative applications but do not apply to (a) academic and
research applications; and (b) medical, clinical, and health care
applications, including the business and administrative applications
for such operations. However, institutions of higher education must
disclose to the office any proposed academic applications that are
enterprise-wide in nature relative to the needs and interests of other
institutions of higher education.
(5) The legislature and the judiciary, which are constitutionally
recognized as separate branches of government, are strongly encouraged
to coordinate with the office and participate in shared services
initiatives and the development of enterprise-based strategies, where
appropriate.
NEW SECTION. Sec. 703 (1) The executive head and appointing
authority of the office is the chief information officer. The chief
information officer shall be appointed by the governor, subject to
confirmation by the senate. The chief information officer shall serve
at the pleasure of the governor. The chief information officer shall
be paid a salary fixed by the governor. If a vacancy occurs in the
position of chief information officer while the senate is not in
session, the governor shall make a temporary appointment until the next
meeting of the senate at which time he or she shall present to that
body his or her nomination for the position.
(2) The chief information officer may employ staff members, some of
whom may be exempt from chapter 41.06 RCW, and any additional staff
members as are necessary to administer this chapter, and such other
duties as may be authorized by law. The chief information officer may
delegate any power or duty vested in him or her by this chapter or
other law.
(3) The internal affairs of the office shall be under the control
of the chief information officer in order that the chief information
officer may manage the office in a flexible and intelligent manner as
dictated by changing contemporary circumstances. Unless specifically
limited by law, the chief information officer shall have complete
charge and supervisory powers over the office. The chief information
officer may create such administrative structures as the chief
information officer deems appropriate, except as otherwise specified by
law, and the chief information officer may employ staff members as may
be necessary in accordance with chapter 41.06 RCW, except as otherwise
provided by law.
NEW SECTION. Sec. 704 The chief information officer shall:
(1) Supervise and administer the activities of the office of chief
information officer;
(2) Exercise all the powers and perform all the duties prescribed
by law with respect to the administration of this chapter including:
(a) Appoint such professional, technical, and clerical assistants
and employees as may be necessary to perform the duties imposed by this
chapter; and
(b) Report to the governor any matters relating to abuses and
evasions of this chapter.
(3) In addition to other powers and duties granted, the chief
information officer has the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Accept and expend gifts and grants that are related to the
purposes of this chapter, whether such grants be of federal or other
funds;
(c) Apply for grants from public and private entities, and receive
and administer any grant funding received for the purpose and intent of
this chapter;
(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;
(e) Delegate powers, duties, and functions as the chief information
officer deems necessary for efficient administration, but the chief
information officer shall be responsible for the official acts of the
officers and employees of the office; and
(f) Perform other duties as are necessary and consistent with law.
NEW SECTION. Sec. 705 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "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.
(2) "Board" means the technology services board.
(3) "Committee" means the state interoperability executive
committee.
(4) "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 board.
(5) "Enterprise architecture" means an ongoing program for
translating business vision and strategy into effective enterprise
change. It is a continuous activity. Enterprise architecture creates,
communicates, and improves the key principles and models that describe
the enterprise's future state and enable its evolution.
(6) "Equipment" means the machines, devices, and transmission
facilities used in information processing, including but not limited to
computers, terminals, telephones, wireless communications system
facilities, cables, and any physical facility necessary for the
operation of such equipment.
(7) "Information" includes, but is not limited to, data, text,
voice, and video.
(8) "Information technology" includes, but is not limited to, all
electronic technology systems and services, automated information
handling, system design and analysis, conversion of data, computer
programming, information storage and retrieval, telecommunications,
requisite system controls, simulation, electronic commerce, and all
related interactions between people and machines.
(9) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments.
(10) "K-20 network" means the network established in section 718 of
this act.
(11) "Local governments" includes all municipal and quasi-municipal
corporations and political subdivisions, and all agencies of such
corporations and subdivisions authorized to contract separately.
(12) "Office" means the office of the chief information officer.
(13) "Oversight" means a process of comprehensive risk analysis and
management designed to ensure optimum use of information technology
resources and telecommunications.
(14) "Proprietary software" means that software offered for sale or
license.
(15) "State agency" or "agency" means every state office,
department, division, bureau, board, commission, or other state agency,
including offices headed by a statewide elected official.
(16) "Telecommunications" includes, but is not limited to, wireless
or wired systems for transport of voice, video, and data
communications, network systems, requisite facilities, equipment,
system controls, simulation, electronic commerce, and all related
interactions between people and machines. "Telecommunications" does
not include public safety communications.
NEW SECTION. Sec. 706 (1) The chief information officer shall
establish standards and policies to govern information technology in
the state of Washington.
(2) The office shall have the following powers and duties related
to information services:
(a) To develop statewide standards and policies governing the
acquisition and disposition of equipment, software, and personal and
purchased services, licensing of the radio spectrum by or on behalf of
state agencies, and confidentiality of computerized data;
(b) To develop statewide or interagency technical policies,
standards, and procedures;
(c) 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;
(d) To develop a detailed business plan for any service or activity
to be contracted under RCW 41.06.142(7)(b) by the consolidated
technology services agency;
(e) To provide direction concerning strategic planning goals and
objectives for the state. The office shall seek input from the
legislature and the judiciary; and
(f) To establish policies for the periodic review by the office 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.
(3) 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 office shall:
(a) Establish technical standards to facilitate electronic access
to government information and interoperability of information systems,
including wireless communications systems; and
(b) Require agencies to include an evaluation of electronic public
access needs when planning new information systems or major upgrades of
systems.
In developing these standards, the office is encouraged to include
the state library, state archives, and appropriate representatives of
state and local government.
(4) The office shall perform other matters and things necessary to
carry out the purposes and provisions of this chapter.
NEW SECTION. Sec. 707 (1) The office shall prepare a state
strategic information technology plan which shall establish a statewide
mission, goals, and objectives for the use of information technology,
including goals for electronic access to government records,
information, and services. The plan shall be developed in accordance
with the standards and policies established by the office. The office
shall seek the advice of the board in the development of this plan.
The plan shall be updated as necessary and submitted to the
governor and the legislature.
(2) The office shall prepare a biennial state performance report on
information technology based on agency performance reports required
under section 710 of this act and other information deemed appropriate
by the office. The report shall include, but not be limited to:
(a) An analysis, based upon agency portfolios, of the state's
information technology infrastructure, including its value, condition,
and capacity;
(b) An evaluation of performance relating to information
technology;
(c) An assessment of progress made toward implementing the state
strategic information technology plan, including progress toward
electronic access to public information and enabling citizens to have
two-way access to public records, information, and services; and
(d) An analysis of the success or failure, feasibility, progress,
costs, and timeliness of implementation of major information technology
projects under section 712 of this act. At a minimum, the portion of
the report regarding major technology projects must include:
(i) The total cost data for the entire life-cycle of the project,
including capital and operational costs, broken down by staffing costs,
contracted service, hardware purchase or lease, software purchase or
lease, travel, and training. The original budget must also be shown
for comparison;
(ii) The original proposed project schedule and the final actual
project schedule;
(iii) Data regarding progress towards meeting the original goals
and performance measures of the project;
(iv) Discussion of lessons learned on the project, performance of
any contractors used, and reasons for project delays or cost increases;
and
(v) Identification of benefits generated by major information
technology projects developed under section 712 of this act.
Copies of the report shall be distributed biennially to the
governor and the legislature. The major technology section of the
report must examine major information technology projects completed in
the previous biennium.
NEW SECTION. Sec. 708 Management of information technology
across state government requires managing resources and business
processes across multiple agencies. It is no longer sufficient to
pursue efficiencies within agency or individual business process
boundaries. The state must manage the business process changes and
information technology in support of business processes as a statewide
portfolio. The chief information officer will use agency information
technology portfolio planning as input to develop a statewide portfolio
to guide resource allocation and prioritization decisions.
NEW SECTION. Sec. 709 An agency information technology portfolio
shall serve as the basis for making information technology decisions
and plans which may include, but are not limited to:
(1) System refurbishment, acquisitions, and development efforts;
(2) Setting goals and objectives for using information technology;
(3) Assessments of information processing performance, resources,
and capabilities;
(4) Ensuring the appropriate transfer of technological expertise
for the operation of new systems developed using external resources;
(5) Guiding new investment demand, prioritization, selection,
performance, and asset value of technology and telecommunications; and
(6) Progress toward providing electronic access to public
information.
NEW SECTION. Sec. 710 (1) Each agency shall develop an
information technology portfolio consistent with RCW 43.105.172 (as
recodified by this act). The superintendent of public instruction
shall develop its portfolio in conjunction with educational service
districts and statewide or regional providers of K-12 education
information technology services.
(2) Agency portfolios shall include, but not be limited to, the
following:
(a) A baseline assessment of the agency's information technology
resources and capabilities that will serve as the benchmark for
subsequent planning and performance measures;
(b) A statement of the agency's mission, goals, and objectives for
information technology, including goals and objectives for achieving
electronic access to agency records, information, and services;
(c) An explanation of how the agency's mission, goals, and
objectives for information technology support and conform to the state
strategic information technology plan developed under section 707 of
this act;
(d) An implementation strategy to provide electronic access to
public records and information. This implementation strategy must be
assembled to include:
(i) Compliance with Title 40 RCW;
(ii) Adequate public notice and opportunity for comment;
(iii) Consideration of a variety of electronic technologies,
including those that help transcend geographic locations, standard
business hours, economic conditions of users, and disabilities;
(iv) Methods to educate both state employees and the public in the
effective use of access technologies;
(e) Projects and resources required to meet the objectives of the
portfolio; and
(f) Where feasible, estimated schedules and funding required to
implement identified projects.
(3) Portfolios developed under subsection (1) of this section shall
be submitted to the office for review and approval. The chief
information officer may reject, require modification to, or approve
portfolios as deemed appropriate. Portfolios submitted under this
subsection shall be updated and submitted for review and approval as
necessary.
(4) Each agency shall prepare and submit to the office a biennial
performance report that evaluates progress toward the objectives
articulated in its information technology portfolio and the strategic
priorities of the state. The superintendent of public instruction
shall develop its portfolio in conjunction with educational service
districts and statewide or regional providers of K-12 education
information technology services. The report shall include:
(a) An evaluation of the agency's performance relating to
information technology;
(b) An assessment of progress made toward implementing the agency
information technology portfolio;
(c) Progress toward electronic access to public information and
enabling citizens to have two-way interaction for obtaining information
and services from agencies; and
(d) An inventory of agency information services, equipment, and
proprietary software.
(5) The office shall establish standards, elements, form, and
format for plans and reports developed under this section.
(6) Agency activities to increase electronic access to public
records and information, as required by this section, must be
implemented within available resources and existing agency planning
processes.
(7) The office may exempt any agency from any or all of the
requirements of this section.
NEW SECTION. Sec. 711 (1) At the request of the director of
financial management, the office shall evaluate both state agency
information technology current spending and technology budget requests,
including those proposed by the superintendent of public instruction,
in conjunction with educational service districts, or statewide or
regional providers of K-12 education information technology services.
The office shall submit recommendations for funding all or part of such
requests to the director of financial management. The office shall
also submit recommendations regarding consolidation and coordination of
similar proposals or other efficiencies it finds in reviewing
proposals.
(2) The office shall establish criteria, consistent with portfolio-based information technology management, for the evaluation of agency
budget requests under this section. Technology budget requests shall
be evaluated in the context of the state's information technology
portfolio; technology initiatives underlying budget requests are
subject to review by the office. Criteria shall include, but not be
limited to: Feasibility of the proposed projects, consistency with the
state strategic information technology plan and the state enterprise
architecture, consistency with information technology portfolios,
appropriate provision for public electronic access to information,
evidence of business process streamlining and gathering of business and
technical requirements, services, duration of investment, costs, and
benefits.
NEW SECTION. Sec. 712 (1) The office shall establish standards
and policies governing the planning, implementation, and evaluation of
major information technology projects, including those proposed by the
superintendent of public instruction, in conjunction with educational
service districts, or statewide or regional providers of K-12 education
information technology services. The standards and policies shall:
(a) Establish criteria to identify projects which are subject to
this section. Such criteria shall include, but not be limited to,
significant anticipated cost, complexity, or statewide significance of
the project; and
(b) Establish a model process and procedures which state agencies
shall follow in developing and implementing projects within their
information technology portfolios. This process may include project
oversight experts or panels, as appropriate. Agencies may propose, for
approval by the office, a process and procedures unique to the agency.
The office may accept or require modification of such agency proposals
or the office may reject such agency proposals and require use of the
model process and procedures established under this subsection. Any
process and procedures developed under this subsection shall require
(i) distinct and identifiable phases upon which funding may be based,
(ii) user validation of products through system demonstrations and
testing of prototypes and deliverables, and (iii) other elements
identified by the office.
The chief information officer may suspend or terminate a major
project, and direct that the project funds be placed into unallotted
reserve status, if the chief information officer determines that the
project is not meeting or is not expected to meet anticipated
performance standards.
(2) The office of financial management shall establish policies and
standards consistent with portfolio-based information technology
management to govern the funding of projects developed under this
section. The policies and standards shall provide for:
(a) Funding of a project under terms and conditions mutually agreed
to by the chief information officer, the director of financial
management, and the head of the agency proposing the project. However,
the office of financial management may require incremental funding of
a project on a phase-by-phase basis whereby funds for a given phase of
a project may be released only when the office of financial management
determines, with the advice of the office, that the previous phase is
satisfactorily completed; and
(b) Other elements deemed necessary by the office of financial
management.
NEW SECTION. Sec. 713 (1) Prior to making a commitment to
purchase, acquire, or develop a major information technology project or
service, state agencies must provide a proposal to the office outlining
the business case of the proposed product or service, including the
upfront and ongoing cost of the proposal.
(2) Within sixty days of receipt of a proposal, the office shall
approve the proposal, reject it, or propose modifications.
(3) In reviewing a proposal, the office must determine whether the
product or service is consistent with:
(a) The standards and policies developed by the office pursuant to
section 706 of this act; and
(b) The state's enterprise-based strategy.
(4) If a substantially similar product or service is offered by the
consolidated technology services agency established in RCW 43.105.047,
the office may require the agency to procure the product or service
through the consolidated technology services agency, if doing so would
benefit the state as an enterprise.
(5) The office shall provide guidance to agencies as to what
threshold of information technology spending constitutes a major
information technology product or service under this section.
NEW SECTION. Sec. 714 (1) The office shall develop an
enterprise-based strategy for information technology in state
government informed by portfolio management planning and information
technology expenditure information collected from state agencies
pursuant to RCW 43.88.092.
(2)(a) The office shall develop an ongoing enterprise architecture
program for translating business vision and strategy into effective
enterprise change. This program will create, communicate, and improve
the key principles and models that describe the enterprise's future
state and enable its evolution, in keeping with the priorities of
government and the information technology strategic plan.
(b) The enterprise architecture program will facilitate business
process collaboration among agencies statewide; improving the
reliability, interoperability, and sustainability of the business
processes that state agencies use.
In developing an enterprise-based strategy for the state, the
office is encouraged to consider the following strategies as possible
opportunities for achieving greater efficiency:
(i) Developing evaluation criteria for deciding which common
enterprise-wide business processes should become managed as enterprise
services;
(ii) Developing a roadmap of priorities for creating enterprise
services;
(iii) Developing decision criteria for determining implementation
criteria for centralized or decentralized enterprise services;
(iv) Developing evaluation criteria for deciding which technology
investments to continue, hold, or drop; and
(v) Performing such other duties as may be assigned by the office
to promote effective enterprise change.
(c) The program will establish performance measurement criteria for
each of its initiatives; will measure the success of those initiatives;
and will assess its quarterly results with the chief information
officer to determine whether to continue, revise, or disband the
initiative.
NEW SECTION. Sec. 715 The technology services board is created
within the office of the chief information officer.
(1) The board shall be composed of thirteen members. Six members
shall be appointed by the governor, three of whom shall be
representatives of state agencies or institutions, and three of whom
shall be representatives of the private sector. Of the state agency
representatives, at least one of the representatives must have direct
experience using the software projects overseen by the board or
reasonably expect to use the new software developed under the oversight
of the board. Two members shall represent the house of representatives
and shall be selected by the speaker of the house of representatives
with one representative chosen from each major caucus of the house of
representatives; two members shall represent the senate and shall be
appointed by the president of the senate with one representative chosen
from each major caucus of the senate. One member shall be the chief
information officer who shall be a voting member of the board and serve
as chair. Two nonvoting members with information technology expertise
must be appointed by the governor as follows:
(a) One member representing state agency bargaining units shall be
selected from a list of three names submitted by each of the general
government exclusive bargaining representatives; and
(b) One member representing local governments shall be selected
from a list of three names submitted by commonly recognized local
government organizations.
The governor may reject all recommendations and request new
recommendations.
(2) Of the initial members, three must be appointed for a one-year
term, three must be appointed for a two-year term, and four must be
appointed for a three-year term. Thereafter, members must be appointed
for three-year terms.
(3) Vacancies shall be filled in the same manner that the original
appointments were made for the remainder of the member's term.
(4) Members of the board shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(5) The office shall provide staff support to the board.
NEW SECTION. Sec. 716 The board shall have the following powers
and duties related to information services:
(1) To review and approve standards and procedures, developed by
the office of the chief information officer, 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;
(2) To review and approve statewide or interagency technical
policies, standards, and procedures developed by the office of the
chief information officer;
(3) To review, approve, and provide oversight of major information
technology projects to ensure that no major information technology
project proposed by a state agency is approved or authorized funding by
the board without consideration of the technical and financial business
case for the project, including a review of:
(a) The total cost of ownership across the life of the project;
(b) All major technical options and alternatives analyzed, and
reviewed, if necessary, by independent technical sources; and
(c) Whether the project is technically and financially justifiable
when compared against the state's enterprise-based strategy, long-term
technology trends, and existing or potential partnerships with private
providers or vendors;
(4) 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;
(5) To develop a policy to determine whether a proposed project,
product, or service should undergo an independent technical and
financial analysis prior to submitting a request to the office of
financial management for the inclusion in any proposed operating,
capital, or transportation budget;
(6) To approve contracting for services and activities under RCW
41.06.142(7) for the consolidated technology service agency. To
approve any service or activity to be contracted under RCW
41.06.142(7)(b), the board must also review the proposed business plan
and recommendation submitted by the office;
(7) To consider, on an ongoing basis, ways to promote strategic
investments in enterprise-level information technology projects that
will result in service improvements and cost efficiency;
(8) To provide a forum to solicit external expertise and
perspective on developments in information technology, enterprise
architecture, standards, and policy development; and
(9) To provide a forum where ideas and issues related to
information technology plans, policies, and standards can be reviewed.
NEW SECTION. Sec. 717 (1) The chief information officer shall
appoint a state interoperability executive committee, the membership of
which must include, but not be limited to, representatives of the
military department, the Washington state patrol, the department of
transportation, the office of the chief information officer, the
department of natural resources, city and county governments, state and
local fire chiefs, police chiefs, and sheriffs, and state and local
emergency management directors. The chair and legislative members of
the board will serve as nonvoting ex officio members of the committee.
Voting membership may not exceed fifteen members.
(2) The chief information officer shall appoint the chair of the
committee from among the voting members of the committee.
(3) The state interoperability executive committee has the
following responsibilities:
(a) Develop policies and make recommendations to the office for
technical standards for state wireless radio communications systems,
including emergency communications systems. The standards must
address, among other things, the interoperability of systems, taking
into account both existing and future systems and technologies;
(b) Coordinate and manage on behalf of the office the licensing and
use of state-designated and state-licensed radio frequencies, including
the spectrum used for public safety and emergency communications, and
serve as the point of contact with the federal communications
commission on matters relating to allocation, use, and licensing of
radio spectrum;
(c) Coordinate the purchasing of all state wireless radio
communications system equipment to ensure that:
(i) After the transition from a radio over internet protocol
network, any new trunked system shall be, at a minimum, project-25;
(ii) Any new system that requires advanced digital features shall
be, at a minimum, project-25; and
(iii) Any new system or equipment purchases shall be, at a minimum,
upgradable to project-25;
(d) Seek support, including possible federal or other funding, for
state-sponsored wireless communications systems;
(e) Develop recommendations for legislation that may be required to
promote interoperability of state wireless communications systems;
(f) Foster cooperation and coordination among public safety and
emergency response organizations;
(g) Work with wireless communications groups and associations to
ensure interoperability among all public safety and emergency response
wireless communications systems; and
(h) Perform such other duties as may be assigned by the office to
promote interoperability of wireless communications systems.
(4) The office shall provide administrative support to the
committee.
NEW SECTION. Sec. 718 (1) The office has the duty to govern 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; and resolving user/provider disputes.
(2) The office has the following powers and duties:
(a) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for
the network;
(b) To ensure that the goals and measurable objectives of the
network are the basis for any decisions or recommendations regarding
the technical development and operation of the network;
(c) To adopt, modify, and implement policies to facilitate network
development, operation, and expansion. Such policies may include but
need not be limited to the following issues: Quality of educational
services; access to the network by recognized organizations and
accredited institutions that deliver educational programming, including
public libraries; prioritization of programming within limited
resources; prioritization of access to the system and the sharing of
technological advances; network security; identification and evaluation
of emerging technologies for delivery of educational programs; future
expansion or redirection of the system; network fee structures; and
costs for the development and operation of the network;
(d) To prepare and submit to the governor and the legislature a
coordinated budget for network development, operation, and expansion.
The budget shall include the chief information officer's
recommendations on (i) any state funding requested for network
transport and equipment, distance education facilities and hardware or
software specific to the use of the network, and proposed new network
end sites, (ii) annual copayments to be charged to public educational
sector institutions and other public entities connected to the network,
and (iii) charges to nongovernmental entities connected to the network;
(e) To adopt and monitor the implementation of a methodology to
evaluate the effectiveness of the network in achieving the educational
goals and measurable objectives;
(f) To establish by rule acceptable use policies governing user
eligibility for participation in the K-20 network, acceptable uses of
network resources, and procedures for enforcement of such policies.
The office shall set forth appropriate procedures for enforcement of
acceptable use policies, that may include suspension of network
connections and removal of shared equipment for violations of network
conditions or policies. The office shall have sole responsibility for
the implementation of enforcement procedures relating to technical
conditions of use.
NEW SECTION. Sec. 719 The office shall maintain, in consultation
with the K-20 network users, the K-20 operations cooperative, which
shall be responsible for day-to-day network management, technical
network status monitoring, technical problem response coordination, and
other duties as agreed to by the office and the educational sectors.
Funding for the K-20 operations cooperative shall be provided from the
education technology revolving fund under RCW 43.105.835 (as recodified
by this act).
NEW SECTION. Sec. 720 The chief information officer, in
conjunction with the K-20 network users, shall maintain a technical
plan
of the K-20 telecommunications system and ongoing system
enhancements. The office shall ensure that the technical plan adheres
to the goals and objectives established under section 706 of this act.
The technical plan shall provide for:
(1) A telecommunications backbone connecting educational service
districts, the main campuses of public baccalaureate institutions, the
branch campuses of public research institutions, and the main campuses
of community colleges and technical colleges.
(2)(a) Connection to the K-20 network by entities that include, but
need not be limited to: School districts, public higher education off-campus and extension centers, and branch campuses of community colleges
and technical colleges, as prioritized by the chief information
officer; (b) distance education facilities and components for entities
listed in this subsection and subsection (1) of this section; and (c)
connection for independent nonprofit institutions of higher education,
provided that:
(i) The chief information officer and each independent nonprofit
institution of higher education to be connected agree in writing to
terms and conditions of connectivity. The terms and conditions shall
ensure, among other things, that the provision of K-20 services does
not violate Article VIII, section 5 of the state Constitution and that
the institution shall adhere to K-20 network policies; and
(ii) The chief information officer determines that inclusion of the
independent nonprofit institutions of higher education will not
significantly affect the network's eligibility for federal universal
service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be limited to,
connections to public libraries, state and local governments, community
resource centers, and the private sector.
NEW SECTION. Sec. 721 (1) In overseeing the technical aspects of
the K-20 network, the office is not intended to duplicate the statutory
responsibilities of the higher education coordinating board, the
superintendent of public instruction, the state librarian, or the
governing boards of the institutions of higher education.
(2) The office may not interfere in any curriculum or legally
offered programming offered over the K-20 network.
(3) The responsibility to review and approve standards and common
specifications for the K-20 network remains the responsibility of the
office under section 706 of this act.
(4) The coordination of telecommunications planning for the common
schools remains the responsibility of the superintendent of public
instruction. Except as set forth in section 706(2)(f) of this act, the
office may recommend, but not require, revisions to the
superintendent's telecommunications plans.
Sec. 722 RCW 43.105.835 and 2004 c 276 s 910 are each amended to
read as follows:
(1) The education technology revolving fund is created in the
custody of the state treasurer. All receipts from billings under
subsection (2) of this section must be deposited in the revolving fund.
Only the ((director of the department of information services or the
director's designee)) chief information officer or the chief
information officer's designee may authorize expenditures from the
fund. The revolving fund shall be used to pay for K-20 network
operations, transport, equipment, software, supplies, and services,
maintenance and depreciation of on-site data, and shared
infrastructure, and other costs incidental to the development,
operation, and administration of shared educational information
technology services, telecommunications, and systems. The revolving
fund shall not be used for the acquisition, maintenance, or operations
of local telecommunications infrastructure or the maintenance or
depreciation of on-premises video equipment specific to a particular
institution or group of institutions.
(2) The revolving fund and all disbursements from the revolving
fund are subject to the allotment procedure under chapter 43.88 RCW,
but an appropriation is not required for expenditures. The
((department of information services)) office shall, ((in consultation
with entities connected to the network under RCW 43.105.820 and))
subject to the review and approval of the office of financial
management, establish and implement a billing structure for network
services identified in subsection (1) of this section.
(3) The ((department)) office shall charge those public entities
connected to the K-20 ((telecommunications [telecommunication system]
under RCW 43.105.820)) telecommunications system under section 720 of
this act an annual copayment per unit of transport connection as
determined by the legislature after consideration of the ((K-20))
board's recommendations. This copayment shall be deposited into the
revolving fund to be used for the purposes in subsection (1) of this
section. It is the intent of the legislature to appropriate to the
revolving fund such moneys as necessary to cover the costs for
transport, maintenance, and depreciation of data equipment located at
the individual public institutions, maintenance and depreciation of the
K-20 network backbone, and services provided to the network under ((RCW
43.105.815.)) section 718 of this
act.
(4) During the 2003-05 biennium, the legislature may transfer
moneys from the education technology revolving fund to the state
general fund and the data processing revolving fund such amounts as
reflect the excess fund balance of the account
NEW SECTION. Sec. 723 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter do not apply in the office of the chief information
officer to the chief information officer, the chief information
officer's confidential secretary, assistant directors, and any other
exempt staff members provided for in section 703 of this act.
Sec. 724 RCW 43.105.290 and 1996 c 171 s 13 are each amended to
read as follows:
The state library, with the assistance of the ((department of
information services)) office and the state archives, shall establish
a pilot project to design and test an electronic information locator
system, allowing members of the public to locate and access electronic
public records. In designing the system, the following factors shall
be considered: (1) Ease of operation by citizens; (2) access through
multiple technologies, such as direct dial and toll-free numbers,
kiosks, and the internet; (3) compatibility with private online
services; and (4) capability of expanding the electronic public records
included in the system. The pilot project may restrict the type and
quality of electronic public records that are included in the system to
test the feasibility of making electronic public records and
information widely available to the public.
Sec. 725 RCW 28A.650.015 and 2009 c 556 s 17 are each amended to
read as follows:
(1) The superintendent of public instruction, to the extent funds
are appropriated, shall develop and implement a Washington state K-12
education technology plan. The technology plan shall be updated on at
least a biennial basis, shall be developed to coordinate and expand the
use of education technology in the common schools of the state. The
plan shall be consistent with applicable provisions of chapter 43.105
RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and school
districts for the planning, implementation, and training of staff in
the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect school
districts, institutions of higher learning, and other sources of online
information; and
(c) Methods to equitably increase the use of education technology
by students and school personnel throughout the state.
(2) The superintendent of public instruction shall appoint an
educational technology advisory committee to assist in the development
and implementation of the technology plan in subsection (1) of this
section. The committee shall include, but is not limited to, persons
representing: The ((department of information services)) office of the
chief information officer, educational service districts, school
directors, school administrators, school principals, teachers,
classified staff, higher education faculty, parents, students,
business, labor, scientists and mathematicians, the higher education
coordinating board, the workforce training and education coordinating
board, and the state library.
(3) The plan adopted and implemented under this section may not
impose on school districts any requirements that are not specifically
required by federal law or regulation, including requirements to
maintain eligibility for the federal schools and libraries program of
the universal service fund.
Sec. 726 RCW 39.94.040 and 2010 1st
sp.s. c 36 s 6015 and 2010
1st sp.s. c 35 s 406 are each reenacted and amended to read as follows:
(1) Except as provided in RCW 28B.10.022, the state may not enter
into any financing contract for itself if the aggregate principal
amount payable thereunder is greater than an amount to be established
from time to time by the state finance committee or participate in a
program providing for the issuance of certificates of participation,
including any contract for credit enhancement, without the prior
approval of the state finance committee. Except as provided in RCW
28B.10.022, the state finance committee shall approve the form of all
financing contracts or a standard format for all financing contracts.
The state finance committee also may:
(a) Consolidate existing or potential financing contracts into
master financing contracts with respect to property acquired by one or
more agencies, departments, instrumentalities of the state, the state
board for community and technical colleges, or a state institution of
higher learning; or to be acquired by another agency;
(b) Approve programs providing for the issuance of certificates of
participation in master financing contracts for the state or for other
agencies;
(c) Enter into agreements with trustees relating to master
financing contracts; and
(d) Make appropriate rules for the performance of its duties under
this chapter.
(2) In the performance of its duties under this chapter, the state
finance committee may consult with representatives from the department
of general administration, the office of financial management, and the
((department of information services)) office of the chief information
officer.
(3) With the approval of the state finance committee, the state
also may enter into agreements with trustees relating to financing
contracts and the issuance of certificates of participation.
(4) Except for financing contracts for real property used for the
purposes described under chapter 28B.140 RCW, the state may not enter
into any financing contract for real property of the state without
prior approval of the legislature. For the purposes of this
requirement, a financing contract must be treated as used for real
property if it is being entered into by the state for the acquisition
of land; the acquisition of an existing building; the construction of
a new building; or a major remodeling, renovation, rehabilitation, or
rebuilding of an existing building. Prior approval of the legislature
is not required under this chapter for a financing contract entered
into by the state under this chapter for energy conservation
improvements to existing buildings where such improvements include:
(a) Fixtures and equipment that are not part of a major remodeling,
renovation, rehabilitation, or rebuilding of the building, or (b) other
improvements to the building that are being performed for the primary
purpose of energy conservation. Such energy conservation improvements
must be determined eligible for financing under this chapter by the
office of financial management in accordance with financing guidelines
established by the state treasurer, and are to be treated as personal
property for the purposes of this chapter.
(5) The state may not enter into any financing contract on behalf
of another agency without the approval of such a financing contract by
the governing body of the other agency.
Sec. 727 RCW 40.14.020 and 2002 c 358 s 4 are each amended to
read as follows:
All public records shall be and remain the property of the state of
Washington. They shall be delivered by outgoing officials and
employees to their successors and shall be preserved, stored,
transferred, destroyed or disposed of, and otherwise managed, only in
accordance with the provisions of this chapter. In order to insure the
proper management and safeguarding of public records, the division of
archives and records management is established in the office of the
secretary of state. The state archivist, who shall administer the
division and have reasonable access to all public records, wherever
kept, for purposes of information, surveying, or cataloguing, shall
undertake the following functions, duties, and responsibilities:
(1) To manage the archives of the state of Washington;
(2) To centralize the archives of the state of Washington, to make
them available for reference and scholarship, and to insure their
proper preservation;
(3) To inspect, inventory, catalog, and arrange retention and
transfer schedules on all record files of all state departments and
other agencies of state government;
(4) To insure the maintenance and security of all state public
records and to establish safeguards against unauthorized removal or
destruction;
(5) To establish and operate such state record centers as may from
time to time be authorized by appropriation, for the purpose of
preserving, servicing, screening and protecting all state public
records which must be preserved temporarily or permanently, but which
need not be retained in office space and equipment;
(6) To adopt rules under chapter 34.05 RCW:
(a) Setting standards for the durability and permanence of public
records maintained by state and local agencies;
(b) Governing procedures for the creation, maintenance,
transmission, cataloging, indexing, storage, or reproduction of
photographic, optical, electronic, or other images of public documents
or records in a manner consistent with current standards, policies, and
procedures of the ((department of information services)) office of the
chief information officer for the acquisition of information
technology;
(c) Governing the accuracy and durability of, and facilitating
access to, photographic, optical, electronic, or other images used as
public records; or
(d) To carry out any other provision of this chapter;
(7) To gather and disseminate to interested agencies information on
all phases of records management and current practices, methods,
procedures, techniques, and devices for efficient and economical
management and preservation of records;
(8) To operate a central microfilming bureau which will microfilm,
at cost, records approved for filming by the head of the office of
origin and the archivist; to approve microfilming projects undertaken
by state departments and all other agencies of state government; and to
maintain proper standards for this work;
(9) To maintain necessary facilities for the review of records
approved for destruction and for their economical disposition by sale
or burning; directly to supervise such destruction of public records as
shall be authorized by the terms of this chapter;
(10) To assist and train state and local agencies in the proper
methods of creating, maintaining, cataloging, indexing, transmitting,
storing, and reproducing photographic, optical, electronic, or other
images used as public records;
(11) To solicit, accept, and expend donations as provided in RCW
43.07.037 for the purpose of the archive program. These purposes
include, but are not limited to, acquisition, accession,
interpretation, and display of archival materials. Donations that do
not meet the criteria of the archive program may not be accepted.
Sec. 728 RCW 42.17.460 and 1999 c 401 s 1 are each amended to
read as follows:
It is the intent of the legislature to ensure that the commission
provide the general public timely access to all contribution and
expenditure reports submitted by candidates, continuing political
committees, bona fide political parties, lobbyists, and lobbyists'
employers. The legislature finds that failure to meet goals for full
and timely disclosure threatens to undermine our electoral process.
Furthermore, the legislature intends for the commission to consult
with the ((department of information services)) office of the chief
information officer as it seeks to implement chapter 401, Laws of 1999,
and that the commission follow the standards and procedures established
by the ((department of information services)) office of the chief
information officer in chapter 43.105 RCW as they relate to information
technology.
Sec. 729 RCW 42.17.467 and 1999 c 401 s 5 are each amended to
read as follows:
In preparing the information technology plan, the commission shall
consult with affected state agencies, the ((department of information
services)) office of the chief information officer, and stakeholders in
the commission's work, including representatives of political
committees, bona fide political parties, news media, and the general
public.
Sec. 730 RCW 42.17.469 and 1999 c 401 s 6 are each amended to
read as follows:
The commission shall submit the information technology plan to the
senate and house of representatives fiscal committees, the governor,
the senate state and local government committee, the house of
representatives state government committee, and the ((department of
information services)) office of the chief information officer by
February 1, 2000. It is the intent of the legislature that the
commission thereafter comply with the requirements of chapter 43.105
RCW with respect to preparation and submission of biennial performance
reports on the commission's information technology.
Sec. 731 RCW 42.17.471 and 1999 c 401 s 7 are each amended to
read as follows:
The commission shall prepare and submit to the ((department of
information services)) office of the chief information officer a
biennial performance report ((in accordance with chapter 43.105 RCW)).
The report must include:
(1) An evaluation of the agency's performance relating to
information technology;
(2) An assessment of progress made toward implementing the agency
information technology plan;
(3) An analysis of the commission's performance measures, set forth
in RCW 42.17.463, that relate to the electronic filing of reports and
timely public access to those reports via the commission's web site;
(4) A comprehensive description of the methods by which citizens
may interact with the agency in order to obtain information and
services from the commission; and
(5) An inventory of agency information services, equipment, and
proprietary software.
Sec. 732 RCW 42.17A.060 and 1999 c 401 s 1 are each amended to
read as follows:
It is the intent of the legislature to ensure that the commission
provide the general public timely access to all contribution and
expenditure reports submitted by candidates, continuing political
committees, bona fide political parties, lobbyists, and lobbyists'
employers. The legislature finds that failure to meet goals for full
and timely disclosure threatens to undermine our electoral process.
Furthermore, the legislature intends for the commission to consult
with the ((department of information services)) office of the chief
information officer as it seeks to implement chapter 401, Laws of 1999,
and that the commission follow the standards and procedures established
by the ((department of information services)) office of the chief
information officer in chapter 43.105 RCW as they relate to information
technology.
Sec. 733 RCW 43.88.092 and 2010 c 282 s 3 are each amended to
read as follows:
(1) As part of the biennial budget process, the office of financial
management shall collect from agencies, and agencies shall provide,
information to produce reports, summaries, and budget detail sufficient
to allow review, analysis, and documentation of all current and
proposed expenditures for information technology by state agencies.
Information technology budget detail must be included as part of the
budget submittal documentation required pursuant to RCW 43.88.030.
(2) The office of financial management must collect, and present as
part of the biennial budget documentation, information for all existing
information technology projects as defined by information services
board policy. The office of financial management must work with the
((department of information services)) office of the chief information
officer to maximize the ability to draw this information from the
information technology portfolio management data collected by the
department of information services pursuant to RCW 43.105.170.
Connecting project information collected through the portfolio
management process with financial data developed under subsection (1)
of this section provides transparency regarding expenditure data for
existing technology projects.
(3) The biennial budget documentation submitted by the office of
financial management pursuant to RCW 43.88.030 must include an
information technology plan and a technology budget for the state
identifying current baseline funding for information technology,
proposed ((large)) and ongoing major information technology projects,
and their associated costs. This plan and technology budget must be
presented using a method similar to the capital budget, identifying
project costs through stages of the project and across fiscal periods
and biennia from project initiation to implementation. This
information must be submitted electronically, in a format to be
determined by the office of financial management and the legislative
evaluation and accountability program committee.
(4) The office of financial management shall also institute a
method of accounting for information technology-related expenditures,
including creating common definitions for what constitutes an
information technology investment.
(5) For the purposes of this section, "major information technology
projects" includes projects that have a significant anticipated cost,
complexity, or are of statewide significance, such as enterprise-level
solutions, enterprise resource planning, and shared services
initiatives.
Sec. 734 RCW 43.105.410 and 2010 c 282 s 2 are each amended to
read as follows:
(1) State agencies that are purchasing wireless devices or services
must make such purchases through the state master contract, unless the
state agency provides to the office of ((financial management)) the
chief information officer evidence that the state agency is securing
its wireless devices or services from another source for a lower cost
than through participation in the state master contract.
(2) For the purposes of this section, "state agency" means any
office, department, board, commission, or other unit of state
government, but does not include a unit of state government headed by
a statewide elected official, an institution of higher education as
defined in RCW 28B.10.016, the higher education coordinating board, the
state board for community and technical colleges, or agencies of the
legislative or judicial branches of state government.
NEW SECTION. Sec. 735 (1) Except as provided by subsection (2)
of this section, state agencies shall locate all existing and new
servers in the state data center.
(2) Agencies with a service requirement that requires servers to be
located outside the state data center must receive a waiver from the
office. Waivers must be based upon written justification from the
requesting agency citing specific service or performance requirements
for locating servers outside the state's common platform.
(3) The office, in consultation with the office of financial
management, shall continue to develop the business plan and migration
schedule for moving all state agencies into the state data center.
(4) The legislature and the judiciary, which are constitutionally
recognized as separate branches of government, may enter into an
interagency agreement with the office to migrate its servers into the
state data center.
(5) This section does not apply to institutions of higher
education.
NEW SECTION. Sec. 736 (1) The office shall conduct a needs
assessment and develop a migration strategy to ensure that, over time,
all state agencies are moving towards using the consolidated technology
services agency established in RCW 43.105.047 as their central service
provider for all utility-based infrastructure services, including
centralized PC and infrastructure support. Agency specific application
services shall remain managed within individual agencies.
(2) The office shall develop short-term and long-term objectives as
part of the migration strategy.
(3) For the purposes of this section, "utility-based infrastructure
services" includes personal computer and portable device support,
servers and server administration, security administration, network
administration, telephony, e-mail, and other information technology
services commonly utilized by state agencies.
(4) This section does not apply to institutions of higher
education.
NEW SECTION. Sec. 801 A new section is added to chapter 43.105
RCW to read as follows:
To achieve maximum benefit from advances in information technology
the state establishes a centralized provider and procurer of certain
information technology services as an agency to support the needs of
state agencies. This agency shall be known as the consolidated
technology services agency. To ensure maximum benefit to the state,
state agencies shall rely on the consolidated technology services
agency for those services with a business case of broad use,
uniformity, scalability, and price sensitivity to aggregation and
volume.
To successfully meet agency needs and meet its obligation as the
primary service provider for these services, the consolidated
technology services agency must offer high quality services at the
lowest possible price. It must be able to attract an adaptable and
competitive workforce, be authorized to procure services where the
business case justifies it, and be accountable to its customers for the
efficient and effective delivery of critical business services.
The consolidated technology services agency is established as an
agency in state government. The agency is established with clear
accountability to the agencies it serves and to the public. This
accountability will come through enhanced transparency in the agency's
operation and performance. The agency is also established with broad
flexibility to adapt its operations and service catalog to address the
needs of customer agencies, and to do so in the most cost-effective
ways.
Sec. 802 RCW 43.105.020 and 2010 1st sp.s. c 7 s 64 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Administrator" means the community technology opportunity
program administrator designated by the department.)) "Agency" means the consolidated technology services agency.
(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) "Council" means the advisory council on digital inclusion
created in RCW 43.105.400.
(9) "Department" means the department of information services.
(10)
(2) "Customer agencies" means all entities that purchase or use
information technology resources, telecommunications, or services from
the consolidated technology services agency.
(3) "Director" means the director of the ((department))
consolidated technology services agency.
(((11) "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.)) (4) "Equipment" means the machines, devices, and
transmission facilities used in information processing, ((
(12)such as))
including but not limited to computers, ((word processors,)) terminals,
telephones, wireless communications system facilities, cables, and any
physical facility necessary for the operation of such equipment.
(((13) "High-speed internet" means broadband.)) (5) "Enterprise architecture" means an ongoing program for
translating business vision and strategy into effective enterprise
change. It is a continuous activity. Enterprise architecture creates,
communicates, and improves the key principles and models that describe
the enterprise's future state and enable its evolution.
(14) "Information" includes, but is not limited to, data, text,
voice, and video.
(15) "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) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems.
(17)
(6) "Information technology" includes, but is not limited to, all
electronic technology systems and services, automated information
handling, system design and analysis, conversion of data, computer
programming, information storage and retrieval, telecommunications,
requisite system controls, simulation, electronic commerce, and all
related interactions between people and machines.
(7) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments.
(((18) "K-20 network" means the network established in RCW
43.105.820.)) (8) "Local governments" includes all municipal and quasi
municipal corporations and political subdivisions, and all agencies of
such corporations and subdivisions authorized to contract separately.
(19)
(((20))) (9) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of information
technology resources and telecommunications.
(((21))) (10) "Proprietary software" means that software offered
for sale or license.
(((22) "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.)) (11) "Telecommunications"
includes, but is not limited to, wireless or wired systems for
transport of voice, video, and data communications, network systems,
requisite facilities, equipment, system controls, simulation,
electronic commerce, and all related interactions between people and
machines. "Telecommunications" does not include public safety
communications.
(23) "Small business" has the definition in RCW 39.29.006.
(24) "Telecommunications" means the transmission of information by
wire, radio, optical cable, electromagnetic, or other means.
(25) "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. 803 RCW 43.105.047 and 1999 c 80 s 5 are each amended to
read as follows:
There is created the ((department of information services))
consolidated technology services agency, an agency of state government.
The ((department)) agency shall be headed by a director appointed by
the governor with the consent of the senate. The director shall serve
at the governor's pleasure and shall receive such salary as determined
by the governor. The director shall:
(1) Appoint a confidential secretary and such deputy and assistant
directors as needed to administer the ((department)) agency; and
(2) ((Maintain and fund a strategic planning and policy component
separate from the services component of the department;)) Appoint such professional, technical, and clerical assistants
and employees as may be necessary to perform the duties imposed by this
chapter((
(3) Appoint, after consulting with the board, the assistant or
deputy director for the planning component;
(4);)).
(5) Report to the governor and the board any matters relating to
abuses and evasions of this chapter; and
(6) Recommend statutory changes to the governor and the board
Sec. 804 RCW 43.105.052 and 2010 1st sp.s. c 7 s 16 are each
amended to read as follows:
The ((department)) agency shall:
(1) ((Perform all duties and responsibilities the board delegates
to the department, including but not limited to:)) Make available information services to ((
(a) The review of agency information technology portfolios and
related requests; and
(b) Implementation of statewide and interagency policies,
standards, and guidelines;
(2)state)) public
agencies ((and local governments)) and public benefit nonprofit
corporations ((on a full cost-recovery basis)). For the purposes of
this section "public agency" means any agency of this state or another
state; any political subdivision, or unit of local government of this
state or another state including, but not limited to, municipal
corporations, quasi-municipal corporations, special purpose districts,
and local service districts; any agency of the United States; and any
Indian tribe recognized as such by the federal government and "public
benefit nonprofit corporation" means a public benefit nonprofit
corporation as defined in RCW 24.03.005 that is receiving local, state,
or federal funds either directly or through a public agency other than
an Indian tribe or political subdivision of another state((. These
services may include, but are not limited to:));
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation,
installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering,
and establishing master contracts;
(e) Facilities management services for information technology
equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local governments to
provide for connection to local cable services to allow for access to
these public and educational channels in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers and customers
may elect other alternatives for service if those alternatives are more
cost-effective or provide better service. Agencies may be required to
use the backbone network portions of the telecommunications services
during an initial start-up period not to exceed three years
(((3))) (2) Establish rates and fees for services provided by the
((department to assure that the services component of the department is
self-supporting)) agency. A billing rate plan shall be developed for
a two-year period to coincide with the budgeting process. The rate
plan shall be subject to review at least annually by the office of
financial management. The rate plan shall show the proposed rates by
each cost center and will show the components of the rate structure as
mutually determined by the ((department)) agency and the office of
financial management. ((The same rate structure will apply to all user
agencies of each cost center.)) The rate plan and any adjustments to
rates shall be approved by the office of financial management((. The
services component shall not subsidize the operations of the strategic
planning and policy component));
(((4))) (3) With the advice of the ((information services)) board
and customer agencies, develop a state strategic information technology
plan and performance reports as required under ((RCW 43.105.160))
section 707 of this act;
(((5))) (4) Develop plans for the ((department's)) agency's
achievement of statewide goals and objectives set forth in the state
strategic information technology plan required under ((RCW 43.105.160.
These plans shall address such services as telecommunications, central
and distributed computing, local area networks, office automation, and
end user computing. The department shall seek the advice of the board
in the development of these plans;)) section 707 of this act;
(6) Under direction of the information services board and in
collaboration with the department of personnel, and other agencies as
may be appropriate, develop training plans and coordinate training
programs that are responsive to the needs of agencies;
(7) Identify opportunities for the effective use of information
services and coordinate appropriate responses to those opportunities;
(8) Assess agencies' projects, acquisitions, plans, information
technology portfolios, or overall information processing performance as
requested by the board, agencies, the director of financial management,
or the legislature. Agencies may be required to reimburse the
department for agency-requested reviews
(((9) Develop planning, budgeting, and expenditure reporting
requirements, in conjunction with the office of financial management,
for agencies to follow;)) and
(10) Assist the office of financial management with budgetary and
policy review of agency plans for information services;
(11) Provide staff support from the strategic planning and policy
component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by
the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12) Be the lead agency in coordinating video telecommunications
services for all state agencies and develop, pursuant to board
policies, standards and common specifications for leased and purchased
telecommunications equipment. The department shall not evaluate the
merits of school curriculum, higher education course offerings, or
other education and training programs proposed for transmission and/or
reception using video telecommunications resources. Nothing in this
section shall abrogate or abridge the legal responsibilities of
licensees of telecommunications facilities as licensed by the federal
communication commission on March 27, 1990;
(((13))) (5) Perform all other matters and things necessary to
carry out the purposes and provisions of this chapter.
Sec. 805 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 the provisions of this section and RCW 43.19.1901 through
43.19.1925 do not apply to the acquisition and disposition of
equipment, proprietary software, and information technology purchased
services by the consolidated technology services agency created in RCW
43.105.047: 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.
NEW SECTION. Sec. 806 A new section is added to chapter 43.105
RCW to read as follows:
The director shall set performance targets and approve plans for
achieving measurable and specific goals for the agency. By January
2012, the appropriate organizational performance and accountability
measures and performance targets shall be submitted to the governor.
These measures and targets shall include measures of performance
demonstrating specific and measurable improvements related to service
delivery and costs, operational efficiencies, and overall customer
satisfaction. The agency shall develop a dashboard of key performance
measures that will be updated quarterly and made available on the
agency public web site.
The director shall report to the governor on agency performance at
least quarterly. The reports shall be included on the agency's web
site and accessible to the public.
Sec. 807 RCW 43.105.057 and 1992 c 20 s 11 are each amended to
read as follows:
The ((department of information services and the information
services board, respectively,)) agency shall adopt rules as necessary
under chapter 34.05 RCW to implement the provisions of this chapter.
Sec. 808 RCW 43.105.060 and 1987 c 504 s 10 are each amended to
read as follows:
State and local government agencies are authorized to enter into
any contracts with the ((department or its successor)) agency which may
be necessary or desirable to effectuate the purposes and policies of
this chapter or for maximum utilization of facilities and services
which are the subject of this chapter.
Sec. 809 RCW 19.34.231 and 1999 c 287 s 12 are each amended to
read as follows:
(1) If a signature of a unit of state or local government,
including its appropriate officers or employees, is required by
statute,
administrative rule, court rule, or requirement of the office
of financial management, that unit of state or local government shall
become a subscriber to a certificate issued by a licensed certification
authority for purposes of conducting official public business with
electronic records.
(2) A city or county may become a licensed certification authority
under RCW 19.34.100 for purposes of providing services to local
government, if authorized by ordinance adopted by the city or county
legislative authority.
(3) A unit of state government, except the secretary ((and the
department of information services)), may not act as a certification
authority.
Sec. 810 RCW 19.34.420 and 1998 c 33 s 2 are each amended to read
as follows:
(1) The following information, when in the possession of the
secretary((, the department of information services,)) or the state
auditor for purposes of this chapter, shall not be made available for
public disclosure, inspection, or copying, unless the request is made
under an order of a court of competent jurisdiction based upon an
express written finding that the need for the information outweighs any
reason for maintaining the privacy and confidentiality of the
information or records:
(a) A trade secret, as defined by RCW 19.108.010; and
(b) Information regarding design, security, or programming of a
computer system used for purposes of licensing or operating a
certification authority or repository under this chapter.
(2) The state auditor, or an authorized agent, must be given access
to all information referred to in subsection (1) of this section for
the purpose of conducting audits under this chapter or under other law,
but shall not make that information available for public inspection or
copying except as provided in subsection (1) of this section.
Sec. 811 RCW 46.20.157 and 1999 c 6 s 21 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, the
department shall annually provide to the ((department of information
services)) consolidated technology services agency an electronic data
file. The data file must:
(a) Contain information on all licensed drivers and identicard
holders who are eighteen years of age or older and whose records have
not expired for more than two years;
(b) Be provided at no charge; and
(c) Contain the following information on each such person: Full
name, date of birth, residence address including county, sex, and most
recent date of application, renewal, replacement, or change of driver's
license or identicard.
(2) Before complying with subsection (1) of this section, the
department shall remove from the file the names of any certified
participants in the Washington state address confidentiality program
under chapter 40.24 RCW that have been identified to the department by
the secretary of state.
Sec. 812 RCW 2.36.054 and 1993 c 408 s 3 are each amended to read
as follows:
Unless otherwise specified by rule of the supreme court, the jury
source list and master jury list for each county shall be created as
provided by this section.
(1) The superior court of each county, after consultation with the
county clerk and county auditor of that jurisdiction, shall annually
notify the ((department of information services)) consolidated
technology services agency not later than March 1 of each year of its
election to use either a jury source list that is merged by the county
or a jury source list that is merged by the ((department of information
services)) consolidated technology services agency. The ((department
of information services)) consolidated technology services agency shall
annually furnish at no charge to the superior court of each county a
separate list of the registered voters residing in that county as
supplied annually by the secretary of state and a separate list of
driver's license and identicard holders residing in that county as
supplied annually by the department of licensing, or a merged list of
all such persons residing in that county, in accordance with the annual
notification required by this subsection. The lists provided by the
((department of information services)) consolidated technology services
agency shall be in an electronic format mutually agreed upon by the
superior court requesting it and the department of information
services. The annual merger of the list of registered voters residing
in each county with the list of licensed drivers and identicard holders
residing in each county to form a jury source list for each county
shall be in accordance with the standards and methodology established
in this chapter or by superseding court rule whether the merger is
accomplished by the ((department of information services)) consolidated
technology services agency or by a county.
(2) Persons on the lists of registered voters and driver's license
and identicard holders shall be identified by a minimum of last name,
first name, middle initial where available, date of birth, gender, and
county of residence. Identifying information shall be used when
merging the lists to ensure to the extent reasonably possible that
persons are only listed once on the merged list. Conflicts in
addresses are to be resolved by using the most recent record by date of
last vote in a general election, date of driver's license or identicard
address change or date of voter registration.
(3) The ((department of information services)) consolidated
technology services agency shall provide counties that elect to receive
a jury source list merged by ((department of information services)) the
consolidated technology services agency with a list of names which are
possible duplicates that cannot be resolved based on the identifying
information required under subsection (2) of this section. If a
possible duplication cannot subsequently be resolved satisfactorily
through reasonable efforts by the county receiving the merged list, the
possible duplicate name shall be stricken from the jury source list
until the next annual jury source list is prepared.
Sec. 813 RCW 29A.08.760 and 2009 c 369 s 35 are each amended to
read as follows:
The secretary of state shall provide a duplicate copy of the master
statewide computer file or electronic data file of registered voters to
the ((department of information services)) consolidated technology
services agency for purposes of creating the jury source list without
cost. Restrictions as to the commercial use of the information on the
statewide computer tape or data file of registered voters, and
penalties for its misuse, shall be the same as provided in RCW
29A.08.720 and 29A.08.740.
Sec. 814 RCW 43.63A.550 and 1998 c
245 s 71 are each amended to
read as follows:
(1) The department shall assist in the process of inventorying and
collecting data on public and private land for the acquisition of data
describing land uses, demographics, infrastructure, critical areas,
transportation corridors physical features, housing, and other
information useful in managing growth throughout the state. For this
purpose the department ((shall)) may contract with the ((department of
information services)) consolidated technology services agency and
shall form an advisory group consisting of representatives from state,
local, and federal agencies, colleges and universities, and private
firms with expertise in land planning, and geographic information
systems.
(2) The department shall establish a sequence for acquiring data,
giving priority to rapidly growing areas. The data shall be retained
in a manner to facilitate its use in preparing maps, aggregating with
data from multiple jurisdictions, and comparing changes over time.
Data shall further be retained in a manner which permits its access via
computer.
(3) The department shall work with other state agencies, local
governments, and private organizations that are inventorying public and
private lands to ensure close coordination and to ensure that
duplication of efforts does not occur.
*NEW SECTION. Sec. 815 (1) The state auditor shall complete a
two-part performance audit of the consolidated state data center. The
first part of the performance audit may include, but is not limited to:
(a) A review of the business case developed prior to the state
entering into financial agreements for the consolidated state data
center, including an assessment of:
(i) The methodology used to determine the requisite size and scale
of the project;
(ii) The cost assumptions developed as part of the business case
for building a data center in Thurston county as compared to building
a data center in other locations in the state;
(iii) To what extent private sector alternatives were considered;
and
(iv) An assessment of the decision-making process leading up to the
decision to enter into financial agreements for the consolidated state
data center, including who made the decision to pursue the consolidated
state data center over other alternatives; and
(b) A review of the timeline under which milestone decisions were
made regarding the consolidated state data center.
(2) The first part of the performance audit conducted under this
section will be used to inform the second part of the performance audit
conducted under section 816 of this act. The full two-part performance
audit must be completed and submitted to the governor and the
legislature by December 1, 2012.
*Sec. 815 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 816 (1) Upon completion of the first part of
a two-part performance audit of the consolidated state data center as
outlined under section 815 of this act, the state auditor shall
complete the second part of the performance audit. The second part of
the performance audit may include, but is not limited to, a technical
and financial assessment of the current business plan developed for the
consolidated state data center, which may include:
(a) A detailed comparison of the consolidated state data center
business plan with business plans developed for state data centers in
other states;
(b) The costs associated with transitioning to, and operating, the
consolidated state data center, including analysis of the fixed lease
costs, the up-front transition costs, and the ongoing maintenance and
operation costs;
(c) The potential budgetary impacts on the general fund in the
short and long term;
(d) The predictability of the cost of occupying the consolidated
state data center for state agencies;
(e) The risks associated with transitioning to the consolidated
state data center, including the possibility of service interruptions,
cost overruns, and other unforeseen costs;
(f) The potential return on investment for state taxpayers,
including the future value of the consolidated state data center once
the state has paid the lease costs in full; and
(g) A review of the business and financial viability of the state
receiving revenue from leasing equipment or excess capacity, or both,
in data halls 3 and 4 of the consolidated state data center.
(2) The full performance audit must be completed and submitted to
the governor and the legislature by December 1, 2012.
*Sec. 816 was vetoed. See message at end of chapter.
*Sec. 901 RCW 43.41.400 and 2009 c 548 s 201 are each amended to
read as follows:
(((1) An education data center shall be established in the office
of financial management. The education data center shall jointly, with
the legislative evaluation and accountability program committee,
conduct collaborative analyses of early learning, K-12, and higher
education programs and education issues across the P-20 system, which
includes the department of early learning, the superintendent of public
instruction, the professional educator standards board, the state board
of education, the state board for community and technical colleges, the
workforce training and education coordinating board, the higher
education coordinating board, public and private nonprofit four-year
institutions of higher education, and the employment security
department. The education data center shall conduct collaborative
analyses under this section with the legislative evaluation and
accountability program committee and provide data electronically to the
legislative evaluation and accountability program committee, to the
extent permitted by state and federal confidentiality requirements.
The education data center shall be considered an authorized
representative of the state educational agencies in this section under
applicable federal and state statutes for purposes of accessing and
compiling student record data for research purposes.)) The office of financial management shall:
(2) The education data center shall:
(a) In consultation with the legislative evaluation and
accountability program committee and the agencies and organizations
participating in the education data center, identify the critical
research and policy questions that are intended to be addressed by the
education data center and the data needed to address the questions;
(b) Coordinate with other state education agencies to compile and
analyze education data, including data on student demographics that is
disaggregated by distinct ethnic categories within racial subgroups,
and complete P-20 research projects;
(c) Collaborate with the legislative evaluation and accountability
program committee and the education and fiscal committees of the
legislature in identifying the data to be compiled and analyzed to
ensure that legislative interests are served;
(d) Annually provide to the K-12 data governance group a list of
data elements and data quality improvements that are necessary to
answer the research and policy questions identified by the education
data center and have been identified by the legislative committees in
(c) of this subsection. Within three months of receiving the list, the
K-12 data governance group shall develop and transmit to the education
data center a feasibility analysis of obtaining or improving the data,
including the steps required, estimated time frame, and the financial
and other resources that would be required. Based on the analysis, the
education data center shall submit, if necessary, a recommendation to
the legislature regarding any statutory changes or resources that would
be needed to collect or improve the data;
(e) Monitor and evaluate the education data collection systems of
the organizations and agencies represented in the education data center
ensuring that data systems are flexible, able to adapt to evolving
needs for information, and to the extent feasible and necessary,
include data that are needed to conduct the analyses and provide
answers to the research and policy questions identified in (a) of this
subsection;
(f)
(1) Track enrollment and outcomes through the public centralized
higher education enrollment system;
(((g))) (2) Assist other state educational agencies' collaborative
efforts to develop a long-range enrollment plan for higher education
including estimates to meet demographic and workforce needs;
(((h) Provide research that focuses on student transitions within
and among the early learning, K-12, and higher education sectors in the
P-20 system; and))
(i) Make recommendations to the legislature as necessary to help
ensure the goals and objectives of this section and RCW 28A.655.210 and
28A.300.507 are met.
(3) The department of early learning, superintendent of public
instruction, professional educator standards board, state board of
education, state board for community and technical colleges, workforce
training and education coordinating board, higher education
coordinating board, public four-year institutions of higher education,
and employment security department shall work with the education data
center to develop data-sharing and research agreements, consistent with
applicable security and confidentiality requirements, to facilitate the
work of the center. Private, nonprofit institutions of higher
education that provide programs of education beyond the high school
level leading at least to the baccalaureate degree and are accredited
by the Northwest association of schools and colleges or their peer
accreditation bodies may also develop data-sharing and research
agreements with the education data center, consistent with applicable
security and confidentiality requirements. The education data center
shall make data from collaborative analyses available to the education
agencies and institutions that contribute data to the education data
center to the extent allowed by federal and state security and
confidentiality requirements applicable to the data of each
contributing agency or institution
(3) Develop data-sharing and research agreements with the
legislative evaluation and accountability program and public
institutions of higher education, consistent with applicable security
and confidentiality requirements, to facilitate the work of the
education research and data center under section 902 of this act; and
(4) Cooperate with the education research and data center to
compile and analyze education data.
*Sec. 901 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 902 A new section is added to chapter 44.48
RCW to read as follows:
(1) An education research and data center is established under the
legislative evaluation and accountability program committee. The
purpose of the center is to:
(a) Serve as a data warehouse for education data across the P-20
education system, which includes the department of early learning, the
office of the superintendent of public instruction, the professional
educator standards board, the state board of education, the state board
for community and technical colleges, the workforce training and
education coordinating board, the office of financial management, the
higher education coordinating board, public and private nonprofit four-year institutions of higher education, and the employment security
department;
(b) Coordinate with other state education agencies to compile and
analyze education data, including data on student demographics that is
disaggregated by distinct ethnic categories within racial subgroups,
and conduct collaborative analyses of early learning, K-12, and higher
education programs and education issues across the P-20 system;
(c) Disseminate education data and information, consistent with
applicable security and confidentiality requirements, to the education
agencies and institutions that contribute data to the center and to
school districts, policymakers, educators, researchers, and the public;
and
(d) Develop and maintain a searchable web site with education data
and information, including downloadable files and customizable reports.
(2) The education research and data center shall be considered an
authorized representative of the state educational agencies in this
section under applicable federal and state statutes for purposes of
accessing and compiling student record data for research purposes.
(3) The education research and data center shall:
(a) In consultation with the agencies and organizations
participating in the center, identify the critical research and policy
questions that are intended to be addressed by the center, the data
needed to address the questions, key clients for the data and their
needs, and the role these clients can play in addressing the questions;
(b) Collaborate with the office of financial management and the
education and fiscal committees of the legislature in identifying the
data to be compiled and analyzed;
(c) Annually provide to the K-12 data governance group under RCW
28A.300.507 a list of data elements and data quality improvements that
are necessary to answer critical research and policy questions. Within
three months of receiving the list, the K-12 data governance group
shall develop and transmit to the center a feasibility analysis of
obtaining or improving the data, including the steps required,
estimated time frame, and the financial and other resources that would
be required. Based on the analysis, the education research and data
center shall submit, if necessary, a recommendation to the legislature
regarding any statutory changes or resources that would be needed to
collect or improve the data;
(d) Monitor and evaluate the education data collection systems of
the state educational agencies to ensure that data systems are flexible
and able to adapt to evolving needs for information, and to the extent
feasible and necessary, include data needed to conduct the analyses and
provide answers to the research and policy questions identified in (a)
of this subsection;
(e) Facilitate use of the data to support academic research and
studies by the state educational agencies, independent academic
researchers, legislative research agencies, and others; and
(f) Make recommendations to the legislature as necessary so that
the goals and objectives of this section and RCW 28A.655.210 and
28A.300.507 are met.
(4) The department of early learning, office of the superintendent
of public instruction, professional educator standards board, state
board of education, state board for community and technical colleges,
workforce training and education coordinating board, higher education
coordinating board, office of financial management, public four-year
institutions of higher education, and employment security department
shall work with the education research and data center to develop data-sharing and research agreements, consistent with applicable security
and confidentiality requirements, to facilitate the work of the center.
Private, nonprofit institutions of higher education that provide
programs of education beyond the high school level leading at least to
the baccalaureate degree and are accredited by the Northwest
association of schools and colleges or their peer accreditation bodies
may also develop data-sharing and research agreements with the
education research and data center, consistent with applicable security
and confidentiality requirements.
(5) The education research and data center and the superintendent
of public instruction shall take all actions necessary to secure
federal funds to implement this section, RCW 28A.655.210, and
28A.300.507.
*Sec. 902 was vetoed. See message at end of chapter.
*Sec. 903 RCW 44.48.090 and 2001 c 259 s 14 are each amended to
read as follows:
The committee shall have the following powers:
(1) To have timely access, upon written request of the
administrator, to all machine readable, printed, and other data of
state agencies relative to expenditures, budgets, and related fiscal
matters;
(2) To suggest changes relative to state accounting and reporting
systems to the office of financial management or its successor and to
require timely written responses to such suggestions; ((and))
(3) Subject to RCW 44.04.260, to enter into contracts; and when
entering into any contract for computer access, make necessary
provisions relative to the scheduling of computer time and usage in
recognition of the unique requirements and priorities of the
legislative process; and
(4) To manage and oversee the education research and data center as
provided in section 902 of this act.
*Sec. 903 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 904 (1) The education data center in the
office of financial management is abolished.
(2)(a) All reports, documents, surveys, books, records, files,
papers, databases, or other written or electronic material in the
possession of the education data center shall be delivered to the
custody of the legislative evaluation and accountability program
committee for purposes of the education research and data center
established under section 902 of this act. Written or electronic
materials and data sets pertaining solely to the public centralized
higher education enrollment system shall be retained by the office of
financial management, but written or electronic materials and data sets
that are the result of the work of the education data center to link
data in the public centralized higher education enrollment system to
other educational databases shall be delivered to the legislative
evaluation and accountability program committee. All funds, credits,
or other monetary assets held by the education data center shall be
assigned to the legislative evaluation and accountability program
committee.
(b) Any appropriations made to the office of financial management
for purposes of the education data center shall, on the effective date
of this section, be transferred and credited to the legislative
evaluation and accountability program committee.
(c) If any questions arise as to the transfer of any funds, books,
documents, records, papers, files, databases, or other written or
electronic material previously used or held in the exercise of the
powers and performance of the education data center, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(d) The elimination of the education data center shall not affect
the validity of any act performed before the effective date of this
section.
(e) 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 property records in accordance with the certification.
(3) All data-sharing and research agreements developed between the
state educational agencies under section 902 of this act and the
education data center before the effective date of this section shall
be transferred to the education research and data center under the
legislative evaluation and accountability program committee and shall
be continued and acted upon by the education research and data center
as the successor agency and authorized representative of the state
educational agencies. All existing contracts and obligations shall
remain in full force and shall be performed by the education research
and data center.
(4) The education research and data center under the legislative
evaluation and accountability program committee shall assume the role
of program director for purposes of the federal evergreen state P-20
longitudinal education data system grant.
*Sec. 904 was vetoed. See message at end of chapter.
*Sec. 905 RCW 28A.300.500 and 2007 c 401 s 2 are each amended to
read as follows:
(1) The office of the superintendent of public instruction is
authorized to establish a longitudinal student data system for and on
behalf of school districts in the state. The primary purpose of the
data system is to better aid research into programs and interventions
that are most effective in improving student performance, better
understand the state's public educator workforce, and provide
information on areas within the educational system that need
improvement.
(2) The confidentiality of personally identifiable student data
shall be safeguarded consistent with the requirements of the federal
family educational rights privacy act and applicable state laws.
Consistent with the provisions of these federal and state laws, data
may be disclosed for educational purposes and studies, including but
not limited to:
(a) Educational studies authorized or mandated by the state
legislature;
(b) Studies initiated by other state educational authorities and
authorized by the office of the superintendent of public instruction,
including analysis conducted by the education research and data center
established under ((RCW 43.41.400)) section 902 of this act; and
(c) Studies initiated by other public or private agencies and
organizations and authorized by the office of the superintendent of
public instruction.
(3) Any agency or organization that is authorized by the office of
the superintendent of public instruction to access student-level data
shall adhere to all federal and state laws protecting student data and
safeguarding the confidentiality and privacy of student records.
(4) Nothing in this section precludes the office of the
superintendent of public instruction from collecting and distributing
aggregate data about students or student-level data without personally
identifiable information.
*Sec. 905 was vetoed. See message at end of chapter.
*Sec. 906 RCW 28A.300.507 and 2009 c 548 s 203 are each amended to
read as follows:
(1) A K-12 data governance group shall be established within the
office of the superintendent of public instruction to assist in the
design and implementation of a K-12 education data improvement system
for financial, student, and educator data. It is the intent that the
data system reporting specifically serve requirements for teachers,
parents, superintendents, school boards, the office of the
superintendent of public instruction, the legislature, and the public.
(2) The K-12 data governance group shall include representatives of
the education research and data center, the office of the
superintendent
of public instruction, ((the legislative evaluation and
accountability program committee,)) the professional educator standards
board, the state board of education, and school district staff,
including information technology staff. Additional entities with
expertise in education data may be included in the K-12 data governance
group.
(3) The K-12 data governance group shall:
(a) Identify the critical research and policy questions that need
to be addressed by the K-12 education data improvement system;
(b) Identify reports and other information that should be made
available on the internet in addition to the reports identified in
subsection (5) of this section;
(c) Create a comprehensive needs requirement document detailing the
specific information and technical capacity needed by school districts
and the state to meet the legislature's expectations for a
comprehensive K-12 education data improvement system as described under
RCW 28A.655.210;
(d) Conduct a gap analysis of current and planned information
compared to the needs requirement document, including an analysis of
the strengths and limitations of an education data system and programs
currently used by school districts and the state, and specifically the
gap analysis must look at the extent to which the existing data can be
transformed into canonical form and where existing software can be used
to meet the needs requirement document;
(e) Focus on financial and cost data necessary to support the new
K-12 financial models and funding formulas, including any necessary
changes to school district budgeting and accounting, and on assuring
the capacity to link data across financial, student, and educator
systems; and
(f) Define the operating rules and governance structure for K-12
data collections, ensuring that data systems are flexible and able to
adapt to evolving needs for information, within an objective and
orderly data governance process for determining when changes are needed
and how to implement them. Strong consideration must be made to the
current practice and cost of migration to new requirements. The
operating rules should delineate the coordination, delegation, and
escalation authority for data collection issues, business rules, and
performance goals for each K-12 data collection system, including:
(i) Defining and maintaining standards for privacy and
confidentiality;
(ii) Setting data collection priorities;
(iii) Defining and updating a standard data dictionary;
(iv) Ensuring data compliance with the data dictionary;
(v) Ensuring data accuracy; and
(vi) Establishing minimum standards for school, student, financial,
and teacher data systems. Data elements may be specified "to the
extent feasible" or "to the extent available" to collect more and
better data sets from districts with more flexible software. Nothing
in ((RCW 43.41.400)) section 902 of this act, this section, or RCW
28A.655.210 should be construed to require that a data dictionary or
reporting should be hobbled to the lowest common set. The work of the
K-12 data governance group must specify which data are desirable.
Districts that can meet these requirements shall report the desirable
data. Funding from the legislature must establish which subset data
are absolutely required.
(4)(a) The K-12 data governance group shall provide updates on its
work as requested by the education research and data center ((and the
legislative evaluation and accountability program committee)).
(b) The work of the K-12 data governance group shall be
periodically reviewed and monitored by the ((educational)) education
research and data center ((and the legislative evaluation and
accountability program committee)).
(5) To the extent data is available, the office of the
superintendent of public instruction shall make the following minimum
reports available on the internet. The reports must either be run on
demand against current data, or, if a static report, must have been run
against the most recent data:
(a) The percentage of data compliance and data accuracy by school
district;
(b) The magnitude of spending per student, by student estimated by
the following algorithm and reported as the detailed summation of the
following components:
(i) An approximate, prorated fraction of each teacher or human
resource element that directly serves the student. Each human resource
element must be listed or accessible through online tunneling in the
report;
(ii) An approximate, prorated fraction of classroom or building
costs used by the student;
(iii) An approximate, prorated fraction of transportation costs
used by the student; and
(iv) An approximate, prorated fraction of all other resources
within the district. District-wide components should be disaggregated
to the extent that it is sensible and economical;
(c) The cost of K-12 basic education, per student, by student, by
school district, estimated by the algorithm in (b) of this subsection,
and reported in the same manner as required in (b) of this subsection;
(d) The cost of K-12 special education services per student, by
student receiving those services, by school district, estimated by the
algorithm in (b) of this subsection, and reported in the same manner as
required in (b) of this subsection;
(e) Improvement on the statewide assessments computed as both a
percentage change and absolute change on a scale score metric by
district, by school, and by teacher that can also be filtered by a
student's length of full-time enrollment within the school district;
(f) Number of K-12 students per classroom teacher on a per teacher
basis;
(g) Number of K-12 classroom teachers per student on a per student
basis;
(h) Percentage of a classroom teacher per student on a per student
basis; and
(i) The cost of K-12 education per student by school district
sorted by federal, state, and local dollars.
(6) The superintendent of public instruction shall submit a
preliminary report to the legislature by November 15, 2009, including
the analyses by the K-12 data governance group under subsection (3) of
this section and preliminary options for addressing identified gaps.
A final report, including a proposed phase-in plan and preliminary cost
estimates for implementation of a comprehensive data improvement system
for financial, student, and educator data shall be submitted to the
legislature by September 1, 2010.
(7) All reports and data referenced in this section ((and RCW
43.41.400)), section 902 of this act, and RCW 28A.655.210 shall be made
available in a manner consistent with the technical requirements of the
((legislative evaluation and accountability program committee and the))
education research and data center so that selected data can be
provided to the legislature, governor, school districts, and the
public.
(8) Reports shall contain data to the extent it is available. All
reports must include documentation of which data are not available or
are estimated. Reports must not be suppressed because of poor data
accuracy or completeness. Reports may be accompanied with
documentation to inform the reader of why some data are missing or
inaccurate or estimated.
*Sec. 906 was vetoed. See message at end of chapter.
*Sec. 907 RCW 28A.655.210 and 2009 c 548 s 202 are each amended to
read as follows:
(1) It is the legislature's intent to establish a comprehensive K-12 education data improvement system for financial, student, and
educator data. The objective of the system is to monitor student
progress, have information on the quality of the educator workforce,
monitor and analyze the costs of programs, provide for financial
integrity and accountability, and have the capability to link across
these various data components by student, by class, by teacher, by
school, by district, and statewide. Education data systems must be
flexible and able to adapt to evolving needs for information, but there
must be an objective and orderly data governance process for
determining when changes are needed and how to implement them. It is
the further intent of the legislature to provide independent review and
evaluation of a comprehensive K-12 education data improvement system by
assigning the review and monitoring responsibilities to the education
research and data center ((and the legislative evaluation and
accountability program committee)).
(2) It is the intent that the data system specifically service
reporting requirements for teachers, parents, superintendents, school
boards, the legislature, the office of the superintendent of public
instruction, and the public.
(3) It is the legislature's intent that the K-12 education data
improvement system used by school districts and the state include but
not be limited to the following information and functionality:
(a) Comprehensive educator information, including grade level and
courses taught, building or location, program, job assignment, years of
experience, the institution of higher education from which the educator
obtained his or her degree, compensation, class size, mobility of class
population, socioeconomic data of class, number of languages and which
languages are spoken by students, general resources available for
curriculum and other classroom needs, and number and type of
instructional support staff in the building;
(b) The capacity to link educator assignment information with
educator certification information such as certification number, type
of certification, route to certification, certification program, and
certification assessment or evaluation scores;
(c) Common coding of secondary courses and major areas of study at
the elementary level or standard coding of course content;
(d) Robust student information, including but not limited to
student characteristics, course and program enrollment, performance on
statewide and district summative and formative assessments to the
extent district assessments are used, and performance on college
readiness tests;
(e) A subset of student information elements to serve as a dropout
early warning system;
(f) The capacity to link educator information with student
information;
(g) A common, standardized structure for reporting the costs of
programs at the school and district level with a focus on the cost of
services delivered to students;
(h) Separate accounting of state, federal, and local revenues and
costs;
(i) Information linking state funding formulas to school district
budgeting and accounting, including procedures:
(i) To support the accuracy and auditing of financial data; and
(ii) Using the prototypical school model for school district
financial accounting reporting;
(j) The capacity to link program cost information with student
performance information to gauge the cost-effectiveness of programs;
(k) Information that is centrally accessible and updated regularly;
and
(l) An anonymous, nonidentifiable replicated copy of data that is
updated at least quarterly, and made available to the public by the
state.
(4) It is the legislature's goal that all school districts have the
capability to collect state-identified common data and export it in a
standard format to support a statewide K-12 education data improvement
system under this section.
(5) It is the legislature's intent that the K-12 education data
improvement system be developed to provide the capability to make
reports as required under RCW 28A.300.507 available.
(6) It is the legislature's intent that school districts collect
and report new data elements to satisfy the requirements of ((RCW
43.41.400)) section 902 of this act, this section, and RCW 28A.300.507,
only to the extent funds are available for this purpose.
*Sec. 907 was vetoed. See message at end of chapter.
*Sec. 908 RCW 28A.657.110 and 2010 c 235 s 111 are each amended to
read as follows:
(1) The state board of education shall continue to refine the
development of an accountability framework that creates a unified
system of support for challenged schools, that aligns with basic
education, increases the level of support based upon the magnitude of
need, and uses data for decisions.
(2) The state board of education shall develop an accountability
index to identify schools and districts for recognition, for continuous
improvement, and for additional state support. The index shall be
based on criteria that are fair, consistent, and transparent.
Performance shall be measured using multiple outcomes and indicators
including, but not limited to, graduation rates and results from
statewide assessments. The index shall be developed in such a way as
to be easily understood by both employees within the schools and
districts, as well as parents and community members. It is the
legislature's intent that the index provide feedback to schools and
districts to self-assess their progress, and enable the identification
of schools with exemplary student performance and those that need
assistance to overcome challenges in order to achieve exemplary student
performance.
(3) The state board of education, in cooperation with the office of
the superintendent of public instruction, shall annually recognize
schools for exemplary performance as measured on the state board of
education accountability index. The state board of education shall
have ongoing collaboration with the achievement gap oversight and
accountability committee regarding the measures used to measure the
closing of the achievement gaps and the recognition provided to the
school districts for closing the achievement gaps.
(4) In coordination with the superintendent of public instruction,
the state board of education shall seek approval from the United States
department of education for use of the accountability index and the
state system of support, assistance, and intervention, to replace the
federal accountability system under P.L. 107-110, the no child left
behind act of 2001.
(5) The state board of education shall work with the education
research and data center ((established within the office of financial
management)) and the technical working group established in ((section
112, chapter 548, Laws of 2009)) RCW 28A.290.020 to determine the
feasibility of using the prototypical funding allocation model as not
only a tool for allocating resources to schools and districts but also
as a tool for schools and districts to report to the state legislature
and the state board of education on how the state resources received
are being used.
*Sec. 908 was vetoed. See message at end of chapter.
*NEW SECTION. Sec. 909 RCW 43.41.405 (K-12 data -- Securing federal
funds) and 2009 c 548 s 204 are each repealed.
*Sec. 909 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 1001 A new section is added to chapter 41.80
RCW to read as follows:
(1) By January 1, 2012, the public employment relations commission
may review the appropriateness of the collective bargaining units
transferred under sections 1002, 1003, 1004, 1008, and 1009 of this
act. The employer or the exclusive bargaining representative may
petition the public employment relations commission to review the
bargaining units in accordance with this section.
(2) If the commission determines that an existing collective
bargaining unit is appropriate pursuant to RCW 41.80.070, the exclusive
bargaining representative certified to represent the bargaining unit
prior to January 1, 2012, shall continue as the exclusive bargaining
representative without the necessity of an election.
(3) If the commission determines that existing collective
bargaining units are not appropriate, the commission may modify the
units and order an election pursuant to RCW 41.80.080. Certified
bargaining representatives will not be required to demonstrate a
showing of interest to be included on the ballot.
(4) The commission may require an election pursuant to RCW
41.80.080 if similarly situated employees are represented by more than
one employee organization. Certified bargaining representatives will
not be required to demonstrate a showing of interest to be included on
the ballot.
NEW SECTION. Sec. 1002 A new section is added to chapter 43.19
RCW to read as follows:
(1) The department of general administration is hereby abolished
and its powers, duties, and functions are transferred to the department
of enterprise services. All references to the director or department
of general administration in the Revised Code of Washington shall be
construed to mean the director or the department of enterprise
services.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
general administration shall be delivered to the custody of the
department of enterprise services. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
department of general administration shall be made available to the
department of enterprise services. All funds, credits, or other assets
held by the department of general administration shall be assigned to
the department of enterprise services.
(b) Any appropriations made to the department of general
administration shall, on the effective date of this section, be
transferred and credited to the department of enterprise 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 department of
general administration shall be continued and acted upon by the
department of enterprise services. All existing contracts and
obligations shall remain in full force and shall be performed by the
department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of
the department of general administration 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 department of general administration
engaged in performing the powers, functions, and duties transferred to
the department of enterprise services, are transferred to the
department of enterprise services. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the
department of enterprise services 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 law.
(7) Unless or until modified by the public employment relations
commission pursuant to section 1001 of this act:
(a) The bargaining units of employees at the department of general
administration existing on the effective date of this section shall be
considered appropriate units at the department of enterprise services
and will be so certified by the public employment relations commission.
(b) The exclusive bargaining representatives recognized as
representing the bargaining units of employees at the department of
general administration existing on the effective date of this section
shall continue as the exclusive bargaining representatives of the
transferred bargaining units without the necessity of an election.
NEW SECTION. Sec. 1003 A new section is added to chapter 43.19
RCW to read as follows:
(1) The public printer is hereby abolished and its powers, duties,
and functions, to the extent provided in this act, are transferred to
the department of enterprise services. All references to the public
printer in the Revised Code of Washington shall be construed to mean
the director or the department of enterprise 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 enterprise
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 enterprise services. All funds,
credits, or other assets held by the public printer shall be assigned
to the department of enterprise 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 enterprise 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 enterprise
services. All existing contracts and obligations shall remain in full
force and shall be performed by the department of enterprise 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
enterprise services are transferred to the department of enterprise
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, the
parties may extend the terms of the agreement; however, the agreement
may not be extended beyond September 30, 2011. Beginning October 1,
2011, chapter 41.80 RCW shall apply to the department of enterprise
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, the
parties may extend the terms of the agreement; however, the agreement
may not be extended beyond September 30, 2011. Beginning October 1,
2011, chapter 41.80 RCW shall apply to the department of enterprise
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, the parties may extend
the terms of the agreement; however, the agreement may not be extended
beyond September 30, 2011. Beginning October 1, 2011, chapter 41.80
RCW shall apply to the department of enterprise services with respect
to the employees in positions formerly covered under the expired
typographical contract.
(d) All other employees of the public printer not covered by the
contracts and agreements specified in (a) through (c) of this
subsection shall be exempt from chapter 41.06 RCW until October 1,
2011, at which time these employees shall be subject to chapter 41.06
RCW, unless otherwise deemed exempt in accordance with that chapter.
(7) Unless or until modified by the public employment relations
commission pursuant to section 1001 of this act:
(a) The bargaining units of printing craft employees existing on
the effective date of this section shall be considered an appropriate
unit at the department of enterprise services and will be so certified
by the public employment relations commission; and
(b) The exclusive bargaining representatives recognized as
representing the bargaining units of printing craft employees existing
on the effective date of this section shall continue as the exclusive
bargaining representatives of the transferred bargaining units without
the necessity of an election.
NEW SECTION. Sec. 1004 A new section is added to chapter 43.19
RCW to read as follows:
(1) The powers, duties, and functions of the department of
information services as set forth in sections 601, 602, and 614 of this
act are hereby transferred to the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
information services pertaining to the powers, duties, and functions
transferred shall be delivered to the custody of the department of
enterprise services. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of
information services in carrying out the powers, duties, and functions
transferred shall be made available to the department of enterprise
services. All funds, credits, or other assets held by the department
of information services in connection with the powers, duties, and
functions transferred shall be assigned to the department of enterprise
services.
(b) Any appropriations made to the department of information
services for carrying out the powers, functions, and duties transferred
shall, on the effective date of this section, be transferred and
credited to the department of enterprise 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 department of
information services pertaining to the powers, duties, and functions
transferred shall be continued and acted upon by the department of
enterprise services. All existing contracts and obligations shall
remain in full force and shall be performed by the department of
enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of
the department of information services 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 department of information services engaged
in performing the powers, functions, and duties transferred to the
department of enterprise services, are transferred to the department of
enterprise services. All employees classified under chapter 41.06 RCW,
the state civil service law, are assigned to the department of
enterprise services 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 law.
(7) Unless or until modified by the public employment relations
commission pursuant to section 1001 of this act:
(a) The portions of the bargaining units of employees at the
department of information services existing on the effective date of
this section shall be considered appropriate units at the department of
enterprise services and will be so certified by the public employment
relations commission.
(b) The exclusive bargaining representatives recognized as
representing the portions of the bargaining units of employees at the
department of information services existing on the effective date of
this section shall continue as the exclusive bargaining representative
of the transferred bargaining units without the necessity of an
election.
NEW SECTION. Sec. 1005 A new section is added to chapter 43.19
RCW to read as follows:
(1) Those powers, duties, and functions of the department of
personnel being transferred to the department of enterprise services as
set forth in Part IV of this act are hereby transferred to the
department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
personnel pertaining to the powers, duties, and functions transferred
shall be delivered to the custody of the department of enterprise
services. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of personnel in
carrying out the powers, duties, and functions transferred shall be
made available to the department of enterprise services. All funds,
credits, or other assets held by the department of personnel in
connection with the powers, duties, and functions transferred shall be
assigned to the department of enterprise services.
(b) Any appropriations made to the department of personnel for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
department of enterprise 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 department of
personnel pertaining to the powers, duties, and functions transferred
shall be continued and acted upon by the department of enterprise
services. All existing contracts and obligations shall remain in full
force and shall be performed by the department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of
the department of personnel 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 department of personnel engaged in
performing the powers, functions, and duties transferred to the
department of enterprise services, are transferred to the department of
enterprise services. All employees classified under chapter 41.06 RCW,
the state civil service law, are assigned to the department of
enterprise services 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 law.
NEW SECTION. Sec. 1006 A new section is added to chapter 43.41
RCW to read as follows:
(1) Those powers, duties, and functions of the department of
personnel being transferred to the office of financial management as
set forth in Part IV of this act are hereby transferred to the office
of financial management.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
personnel pertaining to the powers, duties, and functions transferred
shall be delivered to the custody of the office of financial
management. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of personnel in
carrying out the powers, duties, and functions transferred shall be
made available to the office of financial management. All funds,
credits, or other assets held by the department of personnel in
connection with the powers, duties, and functions transferred shall be
assigned to the office of financial management.
(b) Any appropriations made to the department of personnel for
carrying out the powers, functions, and duties transferred shall, on
the effective date of this section, be transferred and credited to the
office of financial management.
(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 department of
personnel pertaining to the powers, duties, and functions transferred
shall be continued and acted upon by the office of financial
management. All existing contracts and obligations shall remain in
full force and shall be performed by the office of financial
management.
(4) The transfer of the powers, duties, functions, and personnel of
the department of personnel 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 department of personnel engaged in
performing the powers, functions, and duties transferred to the office
of financial management, are transferred to the office of financial
management. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the office of financial
management 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 law.
NEW SECTION. Sec. 1007 A new section is added to chapter 43.19
RCW to read as follows:
(1) The powers, duties, and functions of the office of financial
management as set forth in Part V of this act are hereby transferred to
the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the office of
financial management pertaining to the powers, duties, and functions
transferred shall be delivered to the custody of the department of
enterprise services. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the office of
financial management in carrying out the powers, duties, and functions
transferred shall be made available to the department of enterprise
services. All funds, credits, or other assets held by the office of
financial management in connection with the powers, duties, and
functions transferred shall be assigned to the department of enterprise
services.
(b) Any appropriations made to the office of financial management
for carrying out the powers, functions, and duties transferred shall,
on the effective date of this section, be transferred and credited to
the department of enterprise 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 office of
financial management pertaining to the powers, duties, and functions
transferred shall be continued and acted upon by the department of
enterprise services. All existing contracts and obligations shall
remain in full force and shall be performed by the department of
enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of
the office of financial management 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 office of financial management engaged in
performing the powers, functions, and duties transferred to the
department of enterprise services, are transferred to the department of
enterprise services. All employees classified under chapter 41.06 RCW,
the state civil service law, are assigned to department of enterprise
services 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 law.
NEW SECTION. Sec. 1008 A new section
is added to chapter 43.330
RCW to read as follows:
(1) All powers, duties, and functions of the department of
information services pertaining to high-speed internet activities are
transferred to the department of commerce. All references to the
director or the department of information services in the Revised Code
of Washington shall be construed to mean the director or the department
of commerce when referring to the functions transferred in this
section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
information services pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the department of
commerce. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of information
services in carrying out the powers, functions, and duties transferred
shall be made available to the department of commerce. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the department of commerce.
(b) Any appropriations made to the department of information
services for carrying out the powers, functions, and duties transferred
shall, on the effective date of this section, be transferred and
credited to the department of commerce.
(c) Whenever 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 department of information services engaged
in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of commerce. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of commerce 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 department of
information services pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of
commerce. All existing contracts and obligations shall remain in full
force and shall be performed by the department of commerce.
(5) The transfer of the powers, duties, functions, and personnel of
the department of information services 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) All classified employees of the department of information
services assigned to the department of commerce under this section
whose positions are within an existing bargaining unit description at
the department of commerce shall become a part of the existing
bargaining unit at the department of commerce and shall be considered
an appropriate inclusion or modification of the existing bargaining
unit under the provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 1009 A new section is added to chapter 43.330
RCW to read as follows:
(1) Those powers, duties, and functions of the department of
information services being transferred to the consolidated technology
services agency as set forth in sections 801 through 816 of this act
are hereby transferred to the consolidated technology services agency.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
information services shall be delivered to the custody of the
consolidated technology services agency. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed
by the department of information services shall be made available to
the consolidated technology services agency. All funds, credits, or
other assets held by the department of information services shall be
assigned to the consolidated technology services agency.
(b) Any appropriations made to the department of information
services shall, on the effective date of this section, be transferred
and credited to the consolidated technology services agency.
(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 department of
information services pertaining to the powers, duties, and functions
transferred shall be continued and acted upon by the consolidated
technology services agency. All existing contracts and obligations
shall remain in full force and shall be performed by the consolidated
technology services agency.
(4) The transfer of the powers, duties, functions, and personnel of
the department of information services 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 department of information services engaged
in performing the powers, functions, and duties transferred to the
consolidated technology services agency are transferred to the
consolidated technology services agency. All employees classified
under chapter 41.06 RCW, the state civil service law, are assigned to
the consolidated technology services agency 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 law.
(7) Unless or until modified by the public employment relations
commission pursuant to section 1001 of this act:
(a) The portions of the bargaining units of employees at the
department of information services existing on the effective date of
this
section shall be considered appropriate units at the consolidated
technology services agency and will be so certified by the public
employment relations commission.
(b) The exclusive bargaining representatives recognized as
representing the portions of the bargaining units of employees at the
department of information services existing on the effective date of
this section shall continue as the exclusive bargaining representatives
of the transferred bargaining units without the necessity of an
election.
Sec. 1010 RCW 41.06.070 and 2010 c 271 s 801, 2010 c 2 s 2, and
2010 c 1 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;)) Officers and employees of the Washington state fruit
commission;
(n)
(((o))) (n) Officers and employees of the Washington apple
commission;
(((p))) (o) Officers and employees of the Washington state dairy
products commission;
(((q))) (p) Officers and employees of the Washington tree fruit
research commission;
(((r))) (q) Officers and employees of the Washington state beef
commission;
(((s))) (r) Officers and employees of the Washington grain
commission;
(((t))) (s) Officers and employees of any commission formed under
chapter 15.66 RCW;
(((u))) (t) Officers and employees of agricultural commissions
formed under chapter 15.65 RCW;
(((v))) (u) Officers and employees of the nonprofit corporation
formed under chapter 67.40 RCW;
(((w))) (v) 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))) (w) 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))) (x) All employees of the marine employees' commission;
(((z))) (y) Staff employed by the department of commerce to
administer energy policy functions;
(((aa))) (z) The manager of the energy facility site evaluation
council;
(((bb))) (aa) A maximum of ten staff employed by the department of
commerce to administer innovation and policy functions, including the
three principal policy assistants exempted under (x) of this
subsection;
(((cc))) (bb) 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);
(cc) Officers and employees of the consolidated technology services
agency created in section 801 of this act that perform the following
functions or duties: Systems integration; data center engineering and
management; network systems engineering and management; information
technology contracting; information technology customer relations
management; and network and systems security.
(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)) office of financial management 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, or is a senior
expert in enterprise information technology infrastructure,
engineering, or systems, 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))) (u) and (((y))) (x) 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.
From February 18, 2009, through June 30, 2011, a salary or wage
increase shall not be granted to any position exempt from
classification under this chapter, except that a salary or wage
increase may be granted to employees pursuant to collective bargaining
agreements negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW,
or negotiated by the nonprofit corporation formed under chapter 67.40
RCW, and except that increases may be granted for positions for which
the employer has demonstrated difficulty retaining qualified employees
if the following conditions are met:
(a) The salary increase can be paid within existing resources; and
(b) The salary increase will not adversely impact the provision of
client services.
Any agency granting a salary increase from February 15, 2010,
through June 30, 2011, to a position exempt from classification under
this chapter shall submit a report to the fiscal committees of the
legislature no later than July 31, 2011, detailing the positions for
which salary increases were granted, the size of the increases, and the
reasons for giving the increases.
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.
From February 15, 2010, until June 30, 2011, no monetary
performance-based awards or incentives may be granted by the director
or employers to employees covered by rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in
chapter 41.60 RCW.
NEW SECTION. Sec. 1011 Sections 701 through 721 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 1012 RCW 43.105.052, 43.105.172, 43.105.250,
43.105.260, 43.105.270, 43.105.280, 43.105.290, 43.105.310, and
43.105.835 are each recodified as sections in chapter 43.--- RCW (the
new chapter created in section 1011 of this act).
NEW SECTION. Sec. 1013 The following acts or parts of acts are
each repealed:
(1) RCW 43.105.005 (Purpose) and 1990 c 208 s 1 & 1987 c 504 s 1;
(2) RCW 43.105.013 (Finding -- Intent) and 2010 c 282 s 1;
(3) RCW 43.105.019 (Enterprise-based strategy -- Coordination with
legislative and judicial branches) and 2010 c 282 s 10;
(4) RCW 43.105.032 (Information services board -- Members -- Chairperson -- Vacancies -- Quorum -- Compensation and travel expenses) and
2007 c 158 s 1, 1999 c 241 s 2, 1996 c 137 s 10, 1992 c 20 s 8, 1987 c
504 s 4, 1984 c 287 s 86, 1975-'76 2nd ex.s. c 34 s 128, & 1973 1st
ex.s. c 219 s 5;
(5) RCW 43.105.041 (Powers and duties of board) and 2010 1st sp.s.
c 7 s 65, 2009 c 486 s 13, 2003 c 18 s 3, & 1999 c 285 s 5;
(6) RCW 43.105.095 (Management and oversight structure) and 1999 c
80 s 3;
(7) RCW 43.105.105 (Information technology decisions and plans) and
1999 c 80 s 4;
(8) RCW 43.105.160 (Strategic information technology plan -- Biennial
state performance report on information technology) and 2010 c 282 s 9,
2005 c 319 s 110, 1999 c 80 s 9, 1998 c 177 s 3, 1996 c 171 s 9, & 1992
c 20 s 1;
(9) RCW 43.105.170 (Information technology portfolios -- Contents -- Performance reports) and 1999 c 80 s 10;
(10) RCW 43.105.180 (Evaluation of budget requests for information
technology projects) and 2010 c 282 s 6 & 1999 c 80 s 11;
(11) RCW 43.105.190 (Major information technology projects
standards and policies -- Project evaluation and reporting) and 2005 c
319 s 111, 1999 c 80 s 12, 1998 c 177 s 4, 1996 c 137 s 15, & 1992 c 20
s 4;
(12) RCW 43.105.200 (Application to institutions of higher
education) and 1992 c 20 s 5;
(13) RCW 43.105.210 (Data processing expenditures -- Authorization -- Penalties) and 1993 sp.s. c 1 s 903;
(14) RCW 43.105.330 (State interoperability executive committee)
and 2006 c 76 s 2 & 2003 c 18 s 4;
(15) RCW 43.105.805 (Information services board -- Powers and duties)
and 2010 1st sp.s. c 9 s 1, 2010 1st sp.s. c 7 s 66, & 1999 c 285 s 3;
(16) RCW 43.105.815 (K-20 operations cooperative -- Ongoing
management) and 1999 c 285 s 8; and
(17) RCW 43.105.820 (K-20 telecommunication system -- Technical plan)
and 2010 1st sp.s. c 7 s 67, 1999 c 285 s 11, & 1996 c 137 s 8.
NEW SECTION. Sec. 1014 Sections 728 through 731 of this act
expire January 1, 2012.
NEW SECTION. Sec. 1015 Section 732 of
this act takes effect
January 1, 2012.
NEW SECTION. Sec. 1016 The code reviser shall note wherever the
director or department of any agency or agency's duties transferred or
consolidated under this act is used or referred to in statute that the
name of the director or department has changed. The code reviser shall
prepare legislation for the 2012 regular session that (1) changes all
statutory references to the director or department of any agency
transferred or consolidated under this act, and (2) changes statutory
references to sections recodified by this act but not amended in this
act.
NEW SECTION. Sec. 1017 Except for sections 109, 448, 462, and
732 of this act, this act takes effect October 1, 2011.