S-3213               _______________________________________________

                                                   SENATE BILL NO. 4495

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Talmadge and Bender

Prefiled with Secretary of the Senate 1/10/86.  Read first time 1/13/86 and referred to Committee on Governmental Operations.

AN ACT Relating to state government; adding a new section to chapter 43.07 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.07 RCW to read as follows:

          The office of the secretary of state is hereby abolished and its powers, duties, and functions are hereby transferred to the department of licensing.  All references to the secretary of state in the Revised Code of Washington shall be construed to mean the department of licensing.

NEW SECTION. Sec. 2.     All reports, documents, surveys, books, records, files, papers, or written material in the possession of the secretary of state shall be delivered to the custody of the department of licensing.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the secretary of state shall be made available to the department of licensing.  All funds, credits, or other assets held by the secretary of state shall be assigned to the department of licensing.

          Any appropriations made to the secretary of state shall, on the effective date of this act, be transferred and credited to the department of licensing.

          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 secretary of state are transferred to the jurisdiction of the department of licensing.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of licensing 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 secretary of state shall be continued and acted upon by the department of licensing.  All existing contracts and obligations shall remain in full force  and shall be performed by the department of licensing.

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

NEW SECTION. Sec. 6.     If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 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. 7.     Nothing contained in sections 1 through 6 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. 8.     This act shall take effect January 1, 1987, if the proposed amendment to Article III of the state Constitution abolishing the office of secretary of state is validly submitted to and is approved and ratified by the voters at a general election held in November 1986.  If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.