H-0039

AN ACT Relating to sunset review responsibilities of the legislative budget committee; amending RCW 43.131.120 and 43.06.010; and repealing RCW 43.131.115 and 43.131.118.

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

Sec. 1. RCW 43.131.120 and 1983 1st ex.s. c 27 s 7 are each amended to read as follows:

(1) The legislative budget committee shall be responsible for monitoring the schedule of agencies to be reviewed under this chapter, modifying this schedule to insure the effective operation of this chapter, and performing other duties necessary for the implementation of this chapter. ((~~The committee shall continue to be responsible for the development of~~)) No later than January 15, 1993, and by January 15 of each odd-numbered year thereafter, the legislative budget committee shall submit for consideration by the legislature legislation which provides for the termination of state agencies as needed in a manner consistent with the terms of this chapter ((~~and of RCW 43.06.010 as now or hereafter amended~~)) or which modifies as needed the schedule of agencies to be reviewed under this chapter. If necessary to ensure the effective operation of this chapter, the legislative budget committee may also submit such legislation in an even-numbered year. In the development of such legislation, the ((~~select joint~~)) legislative budget committee shall:

(a) Identify state agencies which might appropriately be scheduled for termination under subsection (2) of this section. No more than one state agency shall be so identified or scheduled for automatic termination in any one section of such legislation;

(b) Seek to schedule state agencies with like goals, objectives, or functions for termination on the same date so as to better assure identification of duplicative activities and provide for appropriate modification or consolidation of state agencies to avoid future duplication; ((~~and~~))

(c) Seek to schedule state agencies for termination in a manner which assures that as many committees of reference as possible have sufficient opportunity to develop experience in conducting reviews as provided pursuant to the terms of this chapter, and which assures that no such committee is given responsibility for review of an unreasonable number of state agencies during any legislative session;

(d) Seek recommendations from and consult with committees of reference having governmental oversight responsibilities, including the house committees on state government and appropriations and the senate committees on governmental operations and ways and means, or their successors; and

(e) Consider any recommendations submitted by the governor under RCW 43.06.010.

(2) In identifying those state agencies to be scheduled for termination, the ((~~select joint~~)) legislative budget committee shall consider, but not be limited to, the following factors where applicable:

(a) The extent to which the burden of compliance on the executive and legislative branches with the terms of this chapter is reasonable;

(b) The extent to which a state agency may serve the interests of a particular profession, occupation, or industry as opposed to the interests of the public;

(d) The potential for fiscal savings.

(3) The ((~~select joint~~)) legislative budget committee may propose procedures which facilitate legislative review as required by this chapter for presentation to the legislature. The committee may recommend legislative rules which assure effective and appropriate consideration of all bills and reports regarding termination, modification, consolidation, or reauthorization of state agencies scheduled for termination.

Sec. 2. RCW 43.06.010 and 1982 c 153 s 1 are each amended to read as follows:

In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:

(1) The governor shall supervise the conduct of all executive and ministerial offices;

(2) The governor shall see that all offices are filled, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;

(3) The governor shall make the appointments and supply the vacancies mentioned in this title;

(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;

(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of his duties;

(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;

(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;

(10) The governor shall issue and transmit election proclamations as prescribed by law;

(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;

(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;

(13) The governor shall, when appropriate, submit to the ((~~select joint~~)) legislative budget committee ((~~created by RCW 43.131.120~~)), lists of state agencies, as defined by RCW 43.131.030, which agencies might appropriately be scheduled for termination by a bill proposed by the ((~~select joint~~)) legislative budget committee;

(14) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.005 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.

NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:

(1) RCW 43.131.115 and 1983 1st ex.s. c 27 s 5; and

(2) RCW 43.13.118 and 1983 1st ex.s. c 27 s 6.