AN ACT Relating to state government; amending RCW 43.22.010; adding a new section to chapter 43.22 RCW; creating new sections; and repealing RCW 50.08.010 and 50.08.020.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.22 RCW to read as follows:

The employment security department is hereby abolished and its powers, duties, and functions are hereby transferred to the department of labor and industries. All references to the employment security department or the commissioner of employment security in the Revised Code of Washington shall be construed to mean the director or department of labor and industries.

Sec. 2. Section 1, chapter 27, Laws of 1974 ex. sess. and RCW 43.22.010 are each amended to read as follows:

The department of labor and industries shall be organized into ((~~five~~)) seven divisions, to be known as, (1) the division of industrial insurance, (2) the division of industrial safety and health, (3) the division of industrial relations, (4) the division of apprenticeship, ((~~and~~)) (5) the division of building and construction safety inspection services, which division shall have responsibility for electrical inspection, mobile home inspection, elevator inspection, except as otherwise provided in RCW 70.87.030, boiler inspection, and registration and regulation of contractors, (6) the unemployment compensation division, and (7) the Washington state employment service division.

The unemployment compensation division and the Washington state employment service division shall each be administered by a full-time salaried supervisor who shall be an assistant to the director and shall be appointed by the director. Each division shall be responsible to the director for the dispatch of its distinctive functions. Each division shall be a separate administrative unit with respect to personnel, budget, and duties, except insofar as the director may find that such separation is impracticable.

It is hereby further provided that the governor in his discretion may delegate any or all of the organization, administration, and functions of the Washington state employment service division to any federal agency.

These divisions may be changed and the department may be reorganized in accordance with plans to be prepared by the director and approved by the governor. In preparing the plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions.

The director may appoint such clerical and other assistants as may be necessary for the general administration of the department.

NEW SECTION. Sec. 3. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the employment security department shall be delivered to the custody of the department of labor and industries. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the employment security department shall be made available to the department of labor and industries. All funds, credits, or other assets held by the employment security department shall be assigned to the department of labor and industries.

Any appropriations made to the employment security department shall, on the effective date of this act, be transferred and credited to the department of labor and industries.

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. 4. All classified employees of the employment security department are transferred to the jurisdiction of the department of labor and industries. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of labor and industries 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. 5. All rules and all pending business before the employment security department shall be continued and acted upon by the department of labor and industries. All existing contracts and obligations shall remain in full force and shall be performed by the department of labor and industries.

NEW SECTION. Sec. 6. The transfer of the powers, duties, functions, and personnel of the employment security department shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 7. If apportionments of budgeted funds are required because of the transfers directed by sections 3 through 6 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. 8. Nothing contained in sections 1 and 3 through 7 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.

NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

(1) Section 38, chapter 35, Laws of 1945, section 8, chapter 215, Laws of 1947, section 3, chapter 8, Laws of 1953 ex. sess. and RCW 50.08.010; and

(2) Section 39, chapter 35, Laws of 1945, section 9, chapter 215, Laws of 1947, section 1, chapter 158, Laws of 1973 1st ex. sess. and RCW 50.08.020.