AN ACT Relating to motor vehicle size, weight, load, and safety enforcement; adding a new section to chapter 43.43 RCW; adding a new section to chapter 81.01 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

All powers, duties, and functions of the Washington state patrol pertaining to motor vehicle size, weight, load, and safety enforcement are transferred to the department of transportation. All references to the chief or the Washington state patrol in the Revised Code of Washington shall be construed to mean the secretary or the department of transportation when referring to the functions transferred in this section.

NEW SECTION. Sec. 2. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington state patrol and pertaining to the powers, functions, and duties transferred by section 1 of this act shall be delivered to the custody of the department of transportation. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington state patrol in carrying out the powers, functions, and duties transferred by section 1 of this act shall be made available to the department of transportation. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 1 of this act shall be assigned to the department of transportation.

Any appropriations made to the Washington state patrol for carrying out the powers, functions, and duties transferred by section 1 of this act shall, on the effective date of this act, be transferred and credited to the department of transportation.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 3. All classified employees of the Washington state patrol engaged in performing the powers, functions, and duties transferred by section 1 of this act are transferred to the jurisdiction of the department of transportation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of transportation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 4. All rules and all pending business before the Washington state patrol pertaining to the powers, functions, and duties transferred by section 1 of this act shall be continued and acted upon by the department of transportation. All existing contracts and obligations shall remain in full force and shall be performed by the department of transportation.

NEW SECTION. Sec. 5. The transfer of the powers, duties, functions, and personnel of the Washington state patrol shall not affect the validity of any act performed prior to the effective date of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 81.01 RCW to read as follows:

All powers, duties, and functions of the utilities and transportation commission pertaining to motor vehicle size, weight, load, and safety enforcement are transferred to the department of transportation. All references to the chairman, the executive secretary, or the utilities and transportation commission in the Revised Code of Washington shall be construed to mean the secretary or the department of transportation when referring to the functions transferred in this section.

NEW SECTION. Sec. 7. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission and pertaining to the powers, functions, and duties transferred by section 6 of this act shall be delivered to the custody of the department of transportation. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred by section 6 of this act shall be made available to the department of transportation. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 6 of this act shall be assigned to the department of transportation.

Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred by section 6 of this act shall, on the effective date of this act, be transferred and credited to the department of transportation.

NEW SECTION. Sec. 8. All classified employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred by section 6 of this act are transferred to the jurisdiction of the department of transportation. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of transportation to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 9. All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred by section 6 of this act shall be continued and acted upon by the department of transportation. All existing contracts and obligations shall remain in full force and shall be performed by the department of transportation.

NEW SECTION. Sec. 10. The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed prior to the effective date of this act.

NEW SECTION. Sec. 11. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 10 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 12. Nothing contained in sections 1 through 11 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.