CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1663

Chapter 198, Laws of 2011

(partial veto)

62nd Legislature
2011 Regular Session



HIGHER EDUCATION--PURCHASING AUTHORITY



EFFECTIVE DATE: 07/22/11

Passed by the House April 14, 2011
  Yeas 97   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 6, 2011
  Yeas 44   Nays 5


BRAD OWEN
________________________________________    
President of the Senate		 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1663 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved April 29, 2011, 3:39 p.m., with the exception of Section 2 which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington		 
FILED
April 29, 2011







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 1663
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By House Higher Education (originally sponsored by Representatives Parker, Ormsby, Probst, Billig, Schmick, Fagan, Angel, and Ahern)

READ FIRST TIME 02/17/11.   



     AN ACT Relating to the purchasing authority of institutions of higher education; amending RCW 28B.10.029; and declaring an emergency.

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

Sec. 1   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 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.
     (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.
     (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. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.
     (2) The council of presidents and the state board for community and technical colleges shall convene its correctional industries business development advisory committee, and work collaboratively with correctional industries, to:
     (a) Reaffirm purchasing criteria and ensure that quality, service, and timely delivery result in the best value for expenditure of state dollars;
     (b) Update the approved list of correctional industries products from which higher education shall purchase; and
     (c) Develop recommendations on ways to continue to build correctional industries' business with institutions of higher education.
     (3) Higher education and correctional industries shall develop a plan to build higher education business with correctional industries to increase higher education purchases of correctional industries products, based upon the criteria established in subsection (2) of this section. The plan shall include the correctional industries' production and sales goals for higher education and an approved list of products from which higher education institutions shall purchase, based on the criteria established in subsection (2) of this section. Higher education and correctional industries shall report to the legislature regarding the plan and its implementation no later than January 30, 2005.
     (4)(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.
     (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.

     *NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
     *Sec. 2 was vetoed. See message at end of chapter.


         Passed by the House April 14, 2011.
         Passed by the Senate April 6, 2011.
         Approved by the Governor April 29, 2011, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State April 29, 2011.

     Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to Section 2, Substitute House Bill 1663 entitled:

     "AN ACT Relating to the purchasing authority of institutions of higher education."

This bill removes higher education institutions from the requirement to seek approval from the Office of Financial Management to be exempted from certain purchasing from the Department of Corrections. Section 2 of this bill is an emergency clause that is not necessary. Higher education institutions have been exceeding the minimum 2% purchase target from Correctional Industries, and there is no need for the bill to go into effect immediately.

For this reason, I have vetoed Section 2 of Substitute House Bill 1663.

With the exception of Section 2, Substitute House Bill 1663 is approved."