3SHB 2585 -
By Committee on Ways & Means
ADOPTED AND ENGROSSED 2/29/12
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.88.160 and 2006 c 1 s 6 are each amended to read
as follows:
This section sets forth the major fiscal duties and
responsibilities of officers and agencies of the executive branch. The
regulations issued by the governor pursuant to this chapter shall
provide for a comprehensive, orderly basis for fiscal management and
control, including efficient accounting and reporting therefor, for the
executive branch of the state government and may include, in addition,
such requirements as will generally promote more efficient public
management in the state.
(1) Governor; director of financial management. The governor,
through the director of financial management, shall devise and
supervise a modern and complete accounting system for each agency to
the end that all revenues, expenditures, receipts, disbursements,
resources, and obligations of the state shall be properly and
systematically accounted for. The accounting system shall include the
development of accurate, timely records and reports of all financial
affairs of the state. The system shall also provide for central
accounts in the office of financial management at the level of detail
deemed necessary by the director to perform central financial
management. The director of financial management shall adopt and
periodically update an accounting procedures manual. Any agency
maintaining its own accounting and reporting system shall comply with
the updated accounting procedures manual and the rules of the director
adopted under this chapter. An agency may receive a waiver from
complying with this requirement if the waiver is approved by the
director. Waivers expire at the end of the fiscal biennium for which
they are granted. The director shall forward notice of waivers granted
to the appropriate legislative fiscal committees. The director of
financial management may require such financial, statistical, and other
reports as the director deems necessary from all agencies covering any
period.
(2) Except as provided in chapter 43.88C RCW, the director of
financial management is responsible for quarterly reporting of primary
operating budget drivers such as applicable workloads, caseload
estimates, and appropriate unit cost data. These reports shall be
transmitted to the legislative fiscal committees or by electronic means
to the legislative evaluation and accountability program committee.
Quarterly reports shall include actual monthly data and the variance
between actual and estimated data to date. The reports shall also
include estimates of these items for the remainder of the budget
period.
(3) The director of financial management shall report at least
annually to the appropriate legislative committees regarding the status
of all appropriated capital projects, including transportation
projects, showing significant cost overruns or underruns. If funds are
shifted from one project to another, the office of financial management
shall also reflect this in the annual variance report. Once a project
is complete, the report shall provide a final summary showing estimated
start and completion dates of each project phase compared to actual
dates, estimated costs of each project phase compared to actual costs,
and whether or not there are any outstanding liabilities or unsettled
claims at the time of completion.
(4) In addition, the director of financial management, as agent of
the governor, shall:
(a) Develop and maintain a system of internal controls and internal
audits comprising methods and procedures to be adopted by each agency
that will safeguard its assets, check the accuracy and reliability of
its accounting data, promote operational efficiency, and encourage
adherence to prescribed managerial policies for accounting and
financial controls. The system developed by the director shall include
criteria for determining the scope and comprehensiveness of internal
controls required by classes of agencies, depending on the level of
resources at risk.
Each agency head or authorized designee shall be assigned the
responsibility and authority for establishing and maintaining internal
audits following the standards of internal auditing of the institute of
internal auditors;
(b) Make surveys and analyses of agencies with the object of
determining better methods and increased effectiveness in the use of
manpower and materials; and the director shall authorize expenditures
for employee training to the end that the state may benefit from
training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care
services;
(d) Report to the governor with regard to duplication of effort or
lack of coordination among agencies;
(e) Review any pay and classification plans, and changes
thereunder, developed by any agency for their fiscal impact: PROVIDED,
That none of the provisions of this subsection shall affect merit
systems of personnel management now existing or hereafter established
by statute relating to the fixing of qualifications requirements for
recruitment, appointment, or promotion of employees of any agency. The
director shall advise and confer with agencies including appropriate
standing committees of the legislature as may be designated by the
speaker of the house and the president of the senate regarding the
fiscal impact of such plans and may amend or alter the plans, except
that for the following agencies no amendment or alteration of the plans
may be made without the approval of the agency concerned: Agencies
headed by elective officials;
(f) Fix the number and classes of positions or authorized employee
years of employment for each agency and during the fiscal period amend
the determinations previously fixed by the director except that the
director shall not be empowered to fix the number or the classes for
the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a) through
(f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not
expressly required by law to be received, kept, and disbursed by some
other persons: PROVIDED, That this subsection shall not apply to those
public funds of the institutions of higher learning which are not
subject to appropriation;
(b) Receive, disburse, or transfer public funds under the
treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and
disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and
other payment methods, if the agencies have received authorization
under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by
regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in
the treasury except upon forms or by alternative means duly prescribed
by the director of financial management. These forms or alternative
means shall provide for authentication and certification by the agency
head or the agency head's designee that the services have been rendered
or the materials have been furnished; or, in the case of loans or
grants, that the loans or grants are authorized by law; or, in the case
of payments for periodic maintenance services to be performed on state
owned equipment, that a written contract for such periodic maintenance
services is currently in effect; and the treasurer shall not be liable
under the treasurer's surety bond for erroneous or improper payments so
made. When services are lawfully paid for in advance of full
performance by any private individual or business entity other than
equipment maintenance providers or as provided for by RCW 42.24.035,
such individual or entity other than central stores rendering such
services shall make a cash deposit or furnish surety bond coverage to
the state as shall be fixed in an amount 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)) enterprise services but in no
case shall such required cash deposit or surety bond be less than an
amount which will fully indemnify the state against any and all losses
on account of breach of promise to fully perform such services. No
payments shall be made in advance for any equipment maintenance
services to be performed more than twelve months after such payment
except that institutions of higher education as defined in RCW
28B.10.016 may make payments in advance for equipment maintenance
services to be performed up to sixty months after such payment. 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. The responsibility for recovery of
erroneous or improper payments made under this section shall lie with
the agency head or the agency head's designee in accordance with
((regulations)) rules issued pursuant to this chapter. Nothing in this
section shall be construed to permit a public body to advance funds to
a private service provider pursuant to a grant or loan before services
have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits
that have been made of the financial transactions of each agency; to
this end the auditor may, in the auditor's discretion, examine the
books and accounts of any agency, official, or employee charged with
the receipt, custody, or safekeeping of public funds. Where feasible
in conducting examinations, the auditor shall utilize data and findings
from the internal control system prescribed by the office of financial
management. The current post audit of each agency may include a
section on recommendations to the legislature as provided in (c) of
this subsection.
(b) Give information to the legislature, whenever required, upon
any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The
report shall be for the last complete fiscal period and shall include
determinations as to whether agencies, in making expenditures, complied
with the laws of this state. The state auditor is authorized to
perform or participate in performance verifications and performance
audits as expressly authorized by the legislature in the omnibus
biennial appropriations acts or in the performance audit work plan
approved by the joint legislative audit and review committee. The
state auditor, upon completing an audit for legal and financial
compliance under chapter 43.09 RCW or a performance verification, may
report to the joint legislative audit and review committee or other
appropriate committees of the legislature, in a manner prescribed by
the joint legislative audit and review committee, on facts relating to
the management or performance of governmental programs where such facts
are discovered incidental to the legal and financial audit or
performance verification. The auditor may make such a report to a
legislative committee only if the auditor has determined that the
agency has been given an opportunity and has failed to resolve the
management or performance issues raised by the auditor. If the auditor
makes a report to a legislative committee, the agency may submit to the
committee a response to the report. This subsection (6) shall not be
construed to authorize the auditor to allocate other than de minimis
resources to performance audits except as expressly authorized in the
appropriations acts or in the performance audit work plan. The results
of a performance audit conducted by the state auditor that has been
requested by the joint legislative audit and review committee must only
be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that
have been incurred by any agency or to take exception to other
practices related in any way to the agency's financial transactions and
to cause such exceptions to be made a matter of public record,
including disclosure to the agency concerned and to the director of
financial management. It shall be the duty of the director of
financial management to cause corrective action to be taken within six
months, such action to include, as appropriate, the withholding of
funds as provided in RCW 43.88.110. The director of financial
management shall annually report by December 31st the status of audit
resolution to the appropriate committees of the legislature, the state
auditor, and the attorney general. The director of financial
management shall include in the audit resolution report actions taken
as a result of an audit including, but not limited to, types of
personnel actions, costs and types of litigation, and value of recouped
goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40
RCW.
(((g))) In addition to the authority given to the state auditor in
this subsection (6), the state auditor is authorized to conduct
performance audits identified in RCW 43.09.470. Nothing in this
subsection (6) shall limit, impede, or restrict the state auditor from
conducting performance audits identified in RCW 43.09.470.
(7) The joint legislative audit and review committee may:
(a) Make post audits of the financial transactions of any agency
and management surveys and program reviews as provided for in chapter
44.28 RCW as well as performance audits and program evaluations. To
this end the joint committee may in its discretion examine the books,
accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative
committee whenever required upon any subject relating to the
performance and management of state agencies.
(c) Make a report to the legislature which shall include at least
the following:
(i) Determinations as to the extent to which agencies in making
expenditures have complied with the will of the legislature and in this
connection, may take exception to specific expenditures or financial
practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the
state's credit, for lessening expenditures, for promoting frugality and
economy in agency affairs, and generally for an improved level of
fiscal management.
Sec. 2 RCW 41.06.157 and 2011 1st sp.s. c 43 s 411 are each
amended 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) For health care classifications, institutions of higher
education may implement higher education health care special pay plans
to be competitive with positions of a similar nature in the locality in
which the institution of higher education is located. In administering
a special pay plan, institutions may authorize compensation changes
including but not limited to increases in salary ranges, new top steps
in salary ranges, premium pay, and adjustments for community practice.
Such special pay plans are not subject to director approval or
adoption; however, institutions of higher education shall report
annually to the director actions they have taken under the provisions
of this section.
(5) 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.
Sec. 3 RCW 41.04.240 and 1977 ex.s. c 269 s 1 are each amended to
read as follows:
(1) Except with regard to institutions of higher education as
defined in RCW 28B.10.016, any official of the state or of any
political subdivision, municipal corporation, or quasi-municipal
corporation authorized to disburse funds in payment of salaries and
wages of employees is authorized upon written request of at least
twenty-five employees to pay all or part of such salaries or wages to
any financial institution for either: (((1))) (a) Credit to the
employees' accounts in such financial institution; or (((2))) (b)
immediate transfer therefrom to the employees' accounts in any other
financial institutions((: PROVIDED, That)).
(2) In disbursing funds for payment of salaries and wages of
employees, institutions of higher education as defined in RCW
28B.10.016 are authorized to require the following payment methods:
(a) For employees who have an account in a financial institution,
payment to any financial institution for either: (i) Credit to the
employees' accounts in such financial institution; or (ii) immediate
transfer therefrom to the employees' accounts in any other financial
institutions; and
(b) For employees who do not have an account in a financial
institution, payment by alternate methods such as payroll cards.
(3) Nothing in this section shall be construed as authorizing any
employer to require the employees to have an account in any particular
financial institution or type of financial institution. A single
warrant may be drawn in favor of such financial institution, for the
total amount due the employees involved, and written directions
provided to such financial institution of the amount to be credited to
the account of an employee or to be transferred to an account in
another financial institution for such employee. The issuance and
delivery by the disbursing officer of a warrant in accordance with the
procedure set forth herein and proper indorsement thereof by the
financial institution shall have the same legal effect as payment
directly to the employee.
For the purposes of this section "financial institution" means any
bank or trust company established in this state pursuant to chapter 2,
Title 12, United States Code, or Title 30 RCW, and any credit union
established in this state pursuant to chapter 14, Title 12, United
States Code, or chapter 31.12 RCW, and any mutual savings bank
established in this state pursuant to Title 32 RCW, and any savings and
loan association established in this state pursuant to chapter 12,
Title 12, United States Code, or Title 33 RCW.
Sec. 4 RCW 28B.10.029 and 2011 1st sp.s. c 43 s 303 and 2011 c
198 s 1 are each reenacted and amended to read as follows:
(1)(a) An institution of higher education may exercise
independently those powers otherwise granted to the director of
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 enterprise services.
(c)(i) Except as provided in (c)(ii) and (iii) of this subsection,
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, 43.19.685, 43.19.700 through 43.19.704, and 43.19.560
through 43.19.637.
(ii) Institutions of higher education may use all appropriate means
for making and paying for travel arrangements including, but not
limited to, electronic booking and reservations, advance payment and
deposits for tours, lodging, and other necessary expenses, and other
travel transactions based on standard industry practices and federal
accountable plan requirements. Such arrangements shall support
student, faculty, staff, and other participants' travel, by groups and
individuals, both domestic and international, in the most cost-effective and efficient manner possible, regardless of the source of
funds.
(iii) Formal sealed, electronic, or web-based competitive bidding
is not necessary for purchases or personal services contracts by
institutions of higher education for less than one hundred thousand
dollars. However, for purchases and personal services contracts of ten
thousand dollars or more and less than one hundred thousand dollars,
quotations must be secured from at least three vendors to assure
establishment of a competitive price and may be obtained by telephone,
electronic, or written quotations, or any combination thereof. As part
of securing the three vendor quotations, institutions of higher
education must invite at least one quotation each from a certified
minority and a certified woman-owned vendor that otherwise qualifies to
perform the work. A record of competition for all such purchases and
personal services contracts of ten thousand dollars or more and less
than one hundred thousand dollars must be documented for audit
purposes.
(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 43.19.769, 43.19.763, and 43.19.781.
(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 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 enterprise services.
Thereafter the director of enterprise services shall not be required to
provide those services for that institution for the duration of the
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)(a) 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.
(b) Institutions of higher education shall endeavor to assure the
department of corrections has notifications of bid opportunities with
the goal of meeting or exceeding the purchasing target in (a) of this
subsection.
NEW SECTION. Sec. 5 By January 1, 2017, institutions of higher
education as defined in RCW 28B.10.016 must report to the legislature
and the governor on: (1) The amount of savings resulting from use of
the higher education provisions of this act; and (2) the manner in
which such savings were used to promote student academic success.
Sec. 6 RCW 28B.15.031 and 2011 1st sp.s. c 10 s 2 and 2011 c 274
s 2 are each reenacted and amended to read as follows:
(1) The term "operating fees" as used in this chapter shall include
the fees, other than building fees, charged all students registering at
the state's colleges and universities but shall not include fees for
short courses, self-supporting degree credit programs and courses,
marine station work, experimental station work, correspondence or
extension courses, and individual instruction and student deposits or
rentals, disciplinary and library fines, which colleges and
universities shall have the right to impose, laboratory, gymnasium,
health, technology and student activity fees, or fees, charges,
rentals, and other income derived from any or all revenue producing
lands, buildings and facilities of the colleges or universities
heretofore or hereafter acquired, constructed or installed, including
but not limited to income from rooms, dormitories, dining rooms,
hospitals, infirmaries, housing or student activity buildings,
vehicular parking facilities, land, or the appurtenances thereon, or
such other special fees as may be established by any college or
university board of trustees or regents from time to time. All moneys
received as operating fees at any institution of higher education shall
be deposited in a local account containing only operating fees revenue
and related interest: PROVIDED, That a minimum of five percent of
operating fees shall be retained by the four-year institutions of
higher education that increase tuition for resident undergraduate
students above assumed tuition increases in the omnibus appropriations
act, a minimum of four percent of operating fees shall be retained by
four-year institutions of higher education that do not increase tuition
for resident undergraduates above assumed increases in the omnibus
appropriations act, and a minimum of three and one-half percent of
operating fees shall be retained by the community and technical
colleges for the purposes of RCW 28B.15.820. At least thirty percent
of operating fees required to be retained by the four-year institutions
for purposes of RCW 28B.15.820 shall be used only for the purposes of
RCW 28B.15.820(10).
(2) In addition to the three and one-half percent of operating fees
retained by the institutions under subsection (1) of this section, up
to three percent of operating fees charged to students at community and
technical colleges shall be transferred to the community and technical
college innovation account for the implementation of the college
board's strategic technology plan in RCW 28B.50.515. The percentage to
be transferred to the community and technical college innovation
account shall be determined by the college board each year but shall
not exceed three percent of the operating fees collected each year.
(3) Local operating fee accounts shall not be subject to
appropriation by the legislature ((or)) but shall be subject to
allotment procedures by budget program and fiscal year under chapter
43.88 RCW.
Sec. 7 RCW 43.88.150 and 2011 1st sp.s. c 50 s 948 are each
amended to read as follows:
(1) For those agencies that make expenditures from both
appropriated and nonappropriated funds for the same purpose, the
governor shall direct such agencies to charge their expenditures in
such ratio, as between appropriated and nonappropriated funds, as will
conserve appropriated funds. ((This subsection does not apply to)) For
institutions of higher education, as defined in RCW 28B.10.016,
((except during the 2011-2013 fiscal biennium)) this subsection applies
only to operating fee accounts.
(2) Unless otherwise provided by law, if state moneys are
appropriated for a capital project and matching funds or other
contributions are required as a condition of the receipt of the state
moneys, the state moneys shall be disbursed in proportion to and only
to the extent that the matching funds or other contributions have been
received and are available for expenditure.
(3) The office of financial management shall adopt guidelines for
the implementation of this section. The guidelines may account for
federal matching requirements or other requirements to spend other
moneys in a particular manner."
3SHB 2585 -
By Committee on Ways & Means
ADOPTED 2/29/12
On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "amending RCW 43.88.160, 41.06.157, 41.04.240, and 43.88.150; reenacting and amending RCW 28B.10.029 and 28B.15.031; and creating a new section."