BILL REQ. #:  H-3568.3 

Read first time 01/18/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to restructuring state government; amending RCW 42.30.110; adding a new section to chapter 44.04 RCW; adding a new section to chapter 42.56 RCW; making an appropriation; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 44.04 RCW to read as follows:
     (1)(a) The agency reallocation and realignment of Washington (ARROW) commission on restructuring state government is established, with members as provided in this subsection.
     The commission shall be comprised of eight members, four of the appointees shall be former statewide officials and four shall have executive management experience. Selection for the eight members shall be as follows:
     (i) Each caucus in both houses of the legislature shall appoint one former statewide official and nominate three individuals with executive management experience.
     (ii) The governor shall appoint one of the nominees from each caucus to fill the remaining four positions on the commission.
     (iii) Any member that resigns from or declines initial appointment to the commission shall be replaced using the same selection criteria and procedures under (a)(i) and (ii) of this subsection.
     (iv) The governor shall fill any open position on the commission if a member has not been appointed to or nominated for the position by a caucus within forty-five days from: (A) The effective date of this section; or (B) the position becoming vacant.
     (b) The commission shall choose its chair from among its membership. The president of the senate shall convene the initial meeting of the commission and shall preside until a chair is chosen.
     (2) The commission shall:
     (a) Review budget, revenue, and caseload forecasts and estimates over the ensuing six-year period;
     (b) Examine current subsidies and tax breaks for effectiveness and fulfillment of original intent. Additionally, the commission shall evaluate whether or not current subsidies, tax breaks, and economic policies create economic development and employment opportunities, achieve the state's goals, and whether there is a less costly way to achieve the same, or better, outcome;
     (c) Examine current operations and organization of state government assuming no expansion of current funding sources;
     (d) Evaluate operational and organizational restructuring possibilities to find cost savings and efficiencies in order to maintain or enhance governmental functions with fewer resources;
     (e) Submit an initial report to the legislature that includes recommendations for alignment of revenue and expenditures over the next six-year period.
     (3) The commission may make proposals to:
     (a) Adopt methods and procedures for reducing expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions;
     (b) Eliminate duplication and overlapping of services, activities, and functions, and time-consuming or wasteful practices;
     (c) Consolidate services, activities, and functions of a similar nature;
     (d) Abolish services, activities, and functions not necessary to the efficient operation of government;
     (e) Eliminate unnecessary state departments and agencies, create necessary new state departments and agencies, reorganize existing state departments and agencies, and transfer functions and responsibilities among state departments and agencies;
     (f) Define or redefine the duties and responsibilities of state officers;
     (g) Revise present provisions for continuing or permanent appropriations of state funds of whatever kind for whatever purpose, eliminate any such existing provisions, and adopt new provisions.
     (4)(a) The commission shall employ an executive director. The executive director shall serve as chief executive officer of the commission and shall employ such personnel as may be necessary to implement the purposes of this section, utilize staff of existing agencies to the fullest extent possible, and employ outside consulting and service agencies when appropriate, under the direction of the commission.
     (b) The executive director shall appoint necessary staff who shall be exempt from the provisions of chapter 41.06 RCW. The executive director's appointees shall serve at the executive director's pleasure on such terms and conditions as the executive director determines, but subject to chapter 42.52 RCW.
     (c) The executive director shall exercise such additional powers as may be delegated by the commission.
     (5) Commissioners are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (6) The expenses of the commission must be paid out of funds appropriated to the commission.
     (7) The commission shall submit an annual report to the legislature beginning in 2013 and until 2016, and then by the first year of each biennium thereafter. The report shall include the commission's findings, recommendations, and proposed legislation. The commission may not issue majority and minority reports.
     (8)(a) After submission of the proposed legislation by the commission, the legislation must be introduced as a bill in each house and immediately placed on third reading. Each bill must be either:
     (i) Approved on final passage as submitted;
     (ii) Amended by an affirmative vote in each house of two-thirds of the members elected or appointed thereto; or
     (iii) Rejected and returned to the commission detailing in specificity the reason or reasons for such rejection.
     (b) The proposed legislation approved by the commission, with any amendment approved by the legislature, shall be final upon final passage.

Sec. 2   RCW 42.30.110 and 2011 1st sp.s. c 14 s 14 are each amended to read as follows:
     (1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:
     (a) To consider matters affecting national security;
     (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
     (c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
     (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
     (e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
     (f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;
     (g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
     (h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;
     (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
     This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
     (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;
     (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or
     (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;
     (j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;
     (k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;
     (l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;
     (m) To consider in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information;
     (n) To consider in the case of a health sciences and services authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information;
     (o) To consider in the case of innovate Washington, the substance of grant or loan applications and grant or loan awards if public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information;
     (p) To consider, in the case of the agency reallocation and realignment of Washington commission, the recommendations of the commission.
     (2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.

NEW SECTION.  Sec. 3   A new section is added to chapter 42.56 RCW to read as follows:
     Documents, materials, and information that show an opinion of a member of the agency reallocation and realignment of Washington commission are subject to the provisions of RCW 42.56.280.

NEW SECTION.  Sec. 4   The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2013, from the general fund to the agency reallocation and realignment of Washington commission for the purposes of section 1 of this act.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.