(r.c.c) CHAPTER 40. PUBLIC PRINTING. 1647-1677. SECTION. 1649. Secretary of state advertises 1651. Maximum rate for printing 1652. Proposals opened and accepted 1653. Contract made in pursuance 1655. Contract declared forfeited blanks. 1659. Department reports; when to 1661. Laws to be published and dis- SECTION. 1662. Contract to be approved by the governor, state auditor, and state treasurer; bond. 1663. Preparation of acts and joint resolutions for printing. 1664. Acts and joint resolutions in two volumes; contents of. 1665. Acts certified; marginal notes. 1666. Journals; how prepared. 1667. Acts and journals delivered to printer. 1668. Penalty for not delivering copies of the acts to printer. 1669. Style of printing and quality of paper. 1670. Revenue laws to be printed separately. 1671. Laws and journals, when to be completed by printer. 1672. Ten copies of bills, etc., to be printed and delivered to seeretary of state. 1673. Pay for printing; how made, 1674. Payment for printing laws and journals. 1675. Payment for printing revenue laws. 1676. Payments for printing done for the commissioner of agriculture and industries and the railroad commissioners. 1677. Matters ordered to be printed by both houses. 1647. (3385) Public printing and binding to be done under contract. The acts and journals of the legislature, the revenue laws of each session of the legislature in separate pamphlets, the report of the decisions of the supreme court, the annual or biennial reports of the state auditor, state treasurer, attorney-general, superintendent of education, commissioner of agriculture and industries, railroad commissioners, inspectors of convicts, adjutant-general, state geologist, state board of health, the board of trustees of the University of Alabama, of the Alabama Polytechnic Institute, of the Alabama Schools for the Deaf and Blind, of the Alabama Insane Hospital, all handbooks and pamphlets which the commissioner of agriculture and industries is authorized by law to publish, all blanks, bulletins, circulars, notices, messages, and forms used in the office of and ordered by the governor, secretary of state, state auditor, state treasurer, attorney-general, adjutant-general, superintendent of education, clerk of the supreme court, examiner of public accounts, commissioner of agriculture and industries, railroad commissioners, and inspectors of convicts, and all bills, papers, documents, and reports ordered by and for the use of the legislature, or either house thereof, while in session, shall be printed, or printed and bound, as the case may be, and the records of the supreme court shall be bound as ordered by the clerk of the court, under the contract as provided in this chapter; and no printing or binding for the state shall be done under contracts made in pursuance of the provisions of this chapter other than such as is covered and provided for by this chapter. (Aikin's Digest, pp. 302-304, § 3; Clay's Digest, pp. 368-371. This chapter is based upon act of Feb. 28, 1889, p. 121, § 1.) Feb. 23, 1899, p 40. 1648. (3386) Classification of public printing and binding. Amended -The printing and binding authorized in the preceding section, for the purposes of the contracts provided in this chapter, shall be divided into four classes, as follows: Class 1. The reports of the decisions of the supreme court. Class 2. The acts and journals of the legislature and the revenue laws of each session of the legislature in separate pamphlets. Class 3. Annual or biennial reports of the state auditor, state treasurer, attorney-general, superintendent of education, commissioner of agriculture and industries, railroad commissioners, inspector of convicts, adjutant-general, state geologist, state board of health, the board of trustees of the University of Alabama, the Alabama Polytechnic Institute, the Insane Hospitals, the Alabama Schools for the Deaf and Blind, all handbooks, pamphlets, or bulletins which the commissioner of agriculture and industries is or may be authorized by law to publish, and all other pamphlets or documents of a public nature, the publication of which is ordered by the governor in pursuance of law. Class 4. All messages of the governor to the legislature, all bills, documents, and reports ordered by and for the use of the legislature or either house thereof while in session, all blanks, circulars, notices, and forms used in the office of or ordered by the governor, secretary of state, state auditor, state treasurer, attorney-general, superintendent of education, clerk of the supreme court, examiner of public accounts, commissioner of agriculture and industries, railroad commissioner, and inspector of convicts, and all blanks and forms ordered by and for the use of the secretary of the senate and clerk of the house of representatives, and binding the records of the supreme court. Amended 1899, p. 40. 1649. (3387) Secretary of state advertises for proposals Feb. 23, biennially. It shall be the duty of the secretary of state, biennially, from and after the first day of August, 1908, to advertise for ten days in not less than two nor more than four daily papers published in the state for proposals to do the printing and binding for the state for the term of two years, commencing on the first day of October next thereafter. Amended 1901, p. 155. 1650. (3388) Proposals must be in writing; bonds.-All proposals for the printing and binding for the state must be in writing, signed by the person, firm, or corporation making the proposal, and must be accompanied by the bond of such person, firm, or corporation, with two or more sufficient sureties, who shall be resident citizens of this state, in the penalty of twenty-five hundred dollars, if the proposal is to do the printing and binding specified in class 1, twenty-five hundred dollars if to do that specified in class 2, five thousand dollars if to do that specified in class 3, and twenty-five hundred dollars if to do that specified in class 4, payable in every instance to the State of Alabama, and conditioned for the faithful performance of the contract made on the acceptance of the proposal. The proposals with the bonds must be sealed, indorsed, "Proposals for Class - (specifying the class the proposal is for) of public printing," and delivered to the secretary of state by mail or otherwise on or before the twentieth day of the month in which the advertisement is made. 1651. (3389) Maximum rate for printing and binding.Feb. 28, The following shall be the maximum rates allowed for printing and binding: For every page of the acts and joint resolutions, two dollars; for binding every copy of the acts, twenty cents a copy; for every page of the journals and revenue laws, one dollar; for binding the journals, twenty cents a copy; for every copy of any volume of the supreme court reports, printed and bound as required by this chapter in editions not exceeding one thousand five hundred copies, one dollar and sixty cents; for blanks printed on paper, thirty cents a quire of twenty-four full sheets; for blanks printed on parchment, thirty cents for each twenty-four sheets; for printing done for the officers, commissioners, and boards, and for the legislature, or either house thereof, forty cents a thousand ems for composition of plain matter; for rule and figure work, seventyfive cents a thousand ems; for press work, including paper per token, common octavo forms, seventy-five cents if on machine finished paper, weighing forty pounds to the ream; provided, the secretary of state may, when he deems it advisable, have used on any job a paper of heavier weight and superior quality, in which event he must certify to the state auditor, in addition to the contract price for forty-pound machine-fin ished paper, an amount not to exceed six cents per pound for each additional pound used on such job; and if super-calendered paper is ordered and used in any job, he must certify to the state auditor an additional amount not to exceed two and one-half cents per pound in excess of what machine-finished paper of the same weight per ream would have cost the state under the contract; folding reports, pamphlets, bills, and other documents, eight cents a hundred copies on each signature, distinct tables to be considered signatures; stitching reports, pamphlets, bills, and other documents, ten cents a hundred copies; binding the records of the supreme court and manuscript opinions of the supreme court, one dollar and fifty cents a volume; no proposals for doing printing and binding at greater rates than those fixed in this section shall be considered, but all bids must be at the rates herein fixed, or at a certain per cent below them; and in counting blanks as many as can be printed on a sheet shall be considered as one sheet only and no more. 1652. (3390) Proposals opened and accepted or rejected. The secretary of state must, after the twentieth and before the thirtieth day of the month in which bids are received, open the same in the presence of the governor, state auditor, state treasurer, and commissioner of agriculture and industries, or any two of them, if the others are unable to attend; and the secretary of state and other officers named, any three concurring, shall select the lowest responsible bidder, either for the classes separately or for the classes combined, as may be to the interest of the state; but no bid unaccompanied by a bond as required in this chapter shall be considered. If in the judgment of a majority of the officers present the public interest can be subserved best thereby, all the proposals, or all · for either class, may be rejected, whereupon the secretary of state shall advertise again, in all respects as in the first instance, for proposals to do the public printing and binding, or that class of it the bids for which were rejected; and upon the coming in of the new bids, they shall be considered, passed on, and accepted or rejected, and in the last event, advertisement made again, as provided in this section with respect to the proposals first made. 1653. (3391) Contract made in pursuance of accepted proposal.-When any proposal has been accepted the secretary of state must indorse the fact and the date of its acceptance thereon and give notice thereof to the person, firm, or corporation whose proposal has been accepted; and thereupon the secretary of state, in the name of the state, and such person, firm, or corporation, shall enter into contract in writing for the printing and binding covered by the accepted proposal As amend for the time and in the manner prescribed by law on the terms expressed in the proposal. If such person, firm, or corporation fails for ten days to enter into the contract, the officers named in the preceding section may select the next lowest bidder for the printing and binding as to which the failure has occurred, and the person, firm, or corporation failing and the sureties on his bond shall be jointly and severally liable to the state for all damages that may result from such failure, including the increased cost of the printing and binding, or either, for the term under any contract afterwards made and the expenses incident to the making of any subsequent contract. 1654. (3392) Contract must be approved by the governor, state auditor, and state treasurer. All contracts for public printing and binding, and all bonds to secure the faithful performance of the same, shall be approved by the governor, state auditor, and state treasurer, and a new or additional bond may be required whenever they deem it necessary; but the giving of such new or additional bond shall in nowise affect the liability of the sureties on the original or any existing bond; and all such bonds must be filed and recorded in the office of the secretary of state. 1655. (3393) Contract declared forfeited for cause; new contract.-Any contract made under the provisions of this chapter may be declared forfeited by a majority of the officers therein named for the failure or neglect of the contractor to execute the same faithfully, promptly, and skillfully, and upon such forfeiture the printing and binding embraced in said contract shall be relet after advertisement in all respects as in the original contract; and any contractor who fails or neglects to execute his contract faithfully, promptly, and skillfully, and the sureties on his bond, shall be jointly and severally liable to the state for all damages which result from such failure, and in case the contract is declared forfeited as herein provided, such damages shall include the increased cost of the printing and binding, or either, under any subsequent contract for the term covered by the original contract, and all expenses incident to reletting. 1656. (3394) Venue of actions on contract.—Actions against contractors for public printing and binding, and the sureties on their bonds, either or both, may be prosecuted in the courts of Montgomery county without regard to the residence of the defendants. 1657. (3395) Where printing must be done.-The printing ed, Dec. and binding embraced in class four must be done at the seat of government, and all other printing and binding enumerated in classes one, two, and three must be done within the State 13, 1900, p. 102, § 1. |