AN
ACT Relating to consolidating the operating funding structure of the department
of general administration; amending RCW 4.92.220, 39.32.035, 39.32.040,
43.01.090, 43.19.1923, 43.19.1925, 43.19.1935, 43.19.500, 43.19.558, 43.19.605,
43.19.610, 43.19.615, 43.82.120, 43.82.125, and 43.88.350; adding a new section
to chapter 43.19 RCW; repealing RCW 39.32.030, 39.32.050, and 43.19.1927; and
providing an effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 43.19 RCW to read as follows:
The
general services administration 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 management fund, the general administration
facilities and services revolving fund, the central stores revolving fund, the
surplus property purchase revolving fund, and the risk management account.
Only the director or the director's designee may authorize expenditures from
the account.
Sec.
2. RCW
4.92.220 and 1995 c 137 s 1 are each amended to read as follows:
(1)
((A risk management account is hereby created in the treasury)) The
general administration services account is to be used ((exclusively))
for the payment of costs related to:
(a)
The appropriated administration of liability, property, and vehicle claims,
including investigation, claim processing, negotiation, and settlement, and
other expenses relating to settlements and judgments against the state not
otherwise budgeted; and
(b)
The nonappropriated pass-through cost associated with the purchase of liability
and property insurance, including catastrophic insurance, subject to policy
conditions and limitations determined by the risk manager.
(2)
The ((risk management)) general administration services account's
appropriation for risk management shall be financed through a
combination of direct appropriations and assessments to state agencies.
Sec.
3. RCW
39.32.035 and 1995 c 137 s 4 are each amended to read as follows:
The
((surplus property purchase revolving fund)) general administration
services account shall be administered by the director of general
administration 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.
4. RCW
39.32.040 and 1995 c 137 s 5 are each amended to read as follows:
In
purchasing federal surplus property on requisition for any eligible donee the
director may advance the purchase price thereof from the ((surplus property
purchase revolving fund)) general administration services account,
and he or she shall then in due course bill the proper eligible donee
for the amount paid by him or her for the property plus a reasonable
amount to cover the expense incurred by him or her in connection with
the transaction. In purchasing surplus property without requisition, the
director shall be deemed to take title outright and he or she shall then
be authorized to resell from time to time any or all of such property to such
eligible donees as desire to avail themselves of the privilege of purchasing.
All moneys received in payment for surplus property from eligible donees shall
be deposited by the director in the ((surplus property purchase revolving
fund)) general administration services account. The director shall
sell federal surplus property to eligible donees at a price sufficient only to
reimburse the ((surplus property purchase revolving fund)) general
administration services account for the cost of the property to the ((fund))
account, plus a reasonable amount to cover expenses incurred in
connection with the transaction. Where surplus property is transferred to an
eligible donee without cost to the transferee, the director may impose a
reasonable charge to cover expenses incurred in connection with the
transaction. The governor, through the director of general administration,
shall administer the surplus property program in the state and shall perform or
supervise all those functions with respect to the program, its agencies and
instrumentalities.
Sec.
5. RCW
43.01.090 and 1994 c 219 s 16 are each amended to read as follows:
The
director of general administration may assess a charge or rent against each
state board, commission, agency, office, department, activity, or other
occupant or user for payment of a proportionate share of costs for occupancy of
buildings, structures, or facilities including but not limited to all costs of
acquiring, constructing, operating, and maintaining such buildings, structures,
or facilities and the repair, remodeling, or furnishing thereof and for the
rendering of any service or the furnishing or providing of any supplies,
equipment, or materials.
The
director of general administration may recover the full costs including
appropriate overhead charges of the foregoing by periodic billings as
determined by the director including but not limited to transfers upon accounts
and advancements into the general administration ((facilities and))
services ((revolving fund)) account. Charges related to the
rendering of real estate services under RCW 43.82.010 and to the operation of
nonassigned public spaces in Thurston county shall be allocated separately from
other charges assessed under this section. Rates shall be established by the
director of general administration after consultation with the director of
financial management. The director of general administration may allot,
provide, or furnish any of such facilities, structures, services, equipment,
supplies, or materials to any other public service type occupant or user at
such rates or charges as are equitable and reasonably reflect the actual costs
of the services provided: PROVIDED, HOWEVER, That the legislature, its duly
constituted committees, interim committees and other committees shall be
exempted from the provisions of this section.
Upon
receipt of such bill, each entity, occupant, or user shall cause a warrant or
check in the amount thereof to be drawn in favor of the department of general
administration which shall be deposited in the state treasury to the credit of
the general administration ((facilities and)) services ((revolving
fund established in RCW 43.19.500)) account unless the director of
financial management has authorized another method for payment of costs.
Beginning
July 1, 1995, the director of general administration shall assess a capital
projects surcharge upon each agency or other user occupying a facility owned
and managed by the department of general administration in Thurston county.
The capital projects surcharge does not apply to agencies or users that agree
to pay all future repairs, improvements, and renovations to the buildings they
occupy and a proportional share, as determined by the office of financial
management, of all other campus repairs, installations, improvements, and
renovations that provide a benefit to the buildings they occupy or that have an
agreement with the department of general administration that contains a charge
for a similar purpose, including but not limited to RCW 43.01.091, in an amount
greater than the capital projects surcharge. The director, after consultation
with the director of financial management, shall adopt differential capital
project surcharge rates to reflect the differences in facility type and
quality. The initial payment structure for this surcharge shall be one dollar
per square foot per year. The surcharge shall increase over time to an amount
that when combined with the facilities and service charge equals the market
rate for similar types of lease space in the area or equals five dollars per
square foot per year, whichever is less. The capital projects surcharge shall
be in addition to other charges assessed under this section. Proceeds from the
capital projects surcharge shall be deposited into the Thurston county capital
facilities account created in RCW 43.19.501.
Sec.
6. RCW
43.19.1923 and 1991 sp.s. c 16 s 921 are each amended to read as follows:
((There
is created within the department of general administration a revolving fund to
be known as the central stores revolving fund, which)) The general
administration services account shall be used for the purchase of supplies
and equipment handled or rented through central stores, and the payment of
salaries, wages, and other costs incidental to the acquisition, operation, and
maintenance of the central stores, and other activities connected therewith,
which shall include utilities services. Disbursements from the ((fund))
account for the purchasing and contract administration activities of the
division of purchasing within the department are subject to appropriation and
allotment procedures under chapter 43.88 RCW. Disbursements for all other state
purchasing activities within the ((central stores)) general
administration services account are not subject to appropriation. The ((fund))
account shall be credited with all receipts from the rental, sale or
distribution of supplies, equipment, and services rendered to the various state
agencies. Central stores, utilities services, and other activities within the
((central stores revolving fund)) general administration services
account shall be treated as separate operating entities for financial and
accounting control. Financial records involving the ((central stores
revolving fund)) general administration services account shall be
designed to provide data for achieving maximum effectiveness and economy of
each individual activity within the ((fund)) account.
Sec.
7. RCW
43.19.1925 and 1975 c 40 s 8 are each amended to read as follows:
To
supply such funds as may be necessary for making combined purchases of items or
services of common use by central stores, state agencies shall, upon request of
the division of purchasing, from time to time, make advance payments into the
((central stores revolving fund)) general administration services
account from funds regularly appropriated to them for the procurement of
supplies, equipment, and services: PROVIDED, That advance payment for services
shall be on a quarterly basis: PROVIDED FURTHER, That any person, firm or
corporation other than central stores rendering services for which advance
payments are made shall deposit cash or furnish surety bond coverage to the
state in an amount as shall be fixed by law, or if not fixed by law, then in
such amounts as shall be fixed by the director of the department of general
administration. Any such bond so furnished shall be conditioned that the
person, firm or corporation receiving the advance payment will apply it toward
performance of the contract. Funds so advanced to central stores shall be used
only for the combined procurement, storage, and delivery of such stocks of
supplies, equipment, and services as are requisitioned by the agency and shall
be offset and repaid to the respective state agencies by an equivalent value in
merchandise supplied and charged out from time to time from central stores.
Costs of operation of central stores may be recovered by charging as part of
the value of materials, supplies, or services an amount sufficient to cover the
costs of operating central stores.
Sec.
8. RCW
43.19.1935 and 1985 c 188 s 1 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 of general administration through the risk management
office 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 risk management office 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 of the department of
general administration.
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 risk management office 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 ((central stores
revolving fund)) general administration services account which ((fund))
shall be reimbursed by the agency or agencies for which procurement is made.
Sec.
9. RCW
43.19.500 and 1994 c 219 s 17 are each amended to read as follows:
((There
is hereby created a fund within the state treasury designated as the
"department of general administration facilities and services revolving
fund". Such revolving fund)) The general administration 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 nonassigned public spaces in
Thurston county. The department shall treat the rendering of services in
acquiring real estate and the operation and maintenance of nonassigned public
spaces as separate operating entities within the ((fund)) 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.
10. RCW
43.19.558 and 1994 sp.s. c 9 s 802 are each amended to read as follows:
The
((motor transport)) general administration services account shall
be used to pay the costs of carrying out the programs provided for in RCW
43.19.550 through 43.19.558, unless otherwise specified by law. The director
of general administration may recover the costs of the programs by billing
agencies that own and operate passenger motor vehicles on the basis of a per
vehicle charge. The director of general administration, after consultation with
affected state agencies, shall establish the rates. All rates shall be
approved by the director of financial management. The proceeds generated by
these charges shall be used solely to carry out RCW 43.19.550 through
43.19.558.
Sec.
11. RCW
43.19.605 and 1989 c 57 s 6 are each amended to read as follows:
No
cash reimbursement shall be made to agencies for property transferred under RCW
43.19.600 to the extent that such property was originally acquired without cost
or was purchased from general fund appropriations. The value of such property
shall be entered upon the accounts of the ((motor transport)) general
administration services account as an amount due the agency from which the
vehicle was transferred. For such property purchased from dedicated,
revolving, or trust funds, the value at the time of transfer shall also be
entered upon the accounts of the ((motor transport)) general
administration services account as an amount due the agency and fund from
which the vehicle transferred was purchased and maintained. If surplus funds associated
with motor vehicle transportation services are available in the ((motor
transport)) general administration services account, the agency may
be paid all or part of the amount due to the dedicated, revolving, or trust
fund concerned. Otherwise, the credit for the amount due shall be applied
proportionately over the remaining undepreciated life of such property. The
prorated credits shall be applied monthly by the director of general
administration against any monthly or other charges for motor vehicle
transportation services rendered the agency.
To
the extent surplus funds associated with motor vehicle transportation
services are available in the ((motor transport)) general
administration services account, the director of general administration may
direct a cash reimbursement to a dedicated, revolving, or trust fund where an
amount due such a fund will not be charged off to services rendered by the
department of general administration within a reasonable time.
Any
disagreement between the supervisor of motor transport and an agency as to the
amount of reimbursement to which it may be entitled shall be resolved by the
director of general administration.
Sec.
12. RCW
43.19.610 and 1991 sp.s. c 13 s 35 are each amended to read as follows:
((There
is hereby established in the state treasury an account to be known as the motor
transport account into which shall be paid)) 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 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.
13. RCW
43.19.615 and 1975 1st ex.s. c 167 s 13 are each amended to read as follows:
The
director of general administration shall deposit in the ((motor transport))
general administration services account all receipts, including the
initial transfer of automobile pool capital from the highway equipment fund and
any other funds transferred, rentals or other fees and charges for
transportation services furnished, proceeds from the sale of surplus or
replaced property under the control of the supervisor of motor transport and
other income, and from which shall be paid operating costs, including salaries
and wages, administrative expense, overhead, the cost of replacement vehicles,
additional passenger vehicles authorized pursuant to RCW 43.19.565, and any
other expenses. If it is necessary at any time for the department to request
any appropriation from the general fund or various dedicated, revolving, or
trust funds to purchase additional vehicles, any appropriation therefor may
provide that such advance shall be repaid together with reasonable interest
from surpluses of the ((motor transport)) general administration
services account.
Sec.
14. RCW
43.82.120 and 1994 c 219 s 14 are each amended to read as follows:
All rental income collected by the department of general
administration from rental of state buildings shall be deposited in the general
administration ((management fund, the creation of which is hereby authorized))
services account.
Sec.
15. RCW
43.82.125 and 1965 c 8 s 43.82.125 are each amended to read as follows:
The
general administration ((management fund)) 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 ((management fund)) 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 ((fund))
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 shall be immediately transmitted to the general fund((:
PROVIDED FURTHER, That the director may expend not to exceed fifty thousand
dollars per biennium from the general administration management fund to cover
unusual or unexpected expenses connected with space occupancy or management
that cannot be charged directly to any specific state agency. In the event the
director determines that there is a surplus in this fund, he shall transfer
such surplus to the general fund)).
Sec.
16. RCW
43.88.350 and 1981 c 270 s 14 are each amended to read as follows:
Any
rate increases proposed for or any change in the method of calculating
charges from the legal services revolving fund or services provided in
accordance with RCW 43.01.090 or 43.19.500 in the general administration ((facilities
and)) services ((revolving fund, or any change in the method of
calculating charges from those funds,)) account is subject to
approval by the director of financial management prior to implementation.
NEW
SECTION. Sec. 17. The
following acts or parts of acts are each repealed:
(1) RCW
39.32.030 and 1967 ex.s. c 70 s 3 & 1945 c 205 s 3;
(2) RCW
39.32.050 and 1945 c 205 s 6; and
(3) RCW
43.19.1927 and 1965 c 8 s 43.19.1927.
NEW SECTION. Sec. 18. This
act takes effect July 1, 1999.
