AN ACT Relating to the department of services for the blind and the deaf; amending RCW 74.18.010, 74.18.020, 74.18.030, 74.18.040, 74.18.060, 74.18.090, 74.18.110, 74.18.190, 74.18.900, and 74.09.720; creating new sections; repealing RCW 72.40.115; and providing an effective date.

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

Sec. 1. Section 1, chapter 194, Laws of 1983 and RCW 74.18.010 are each amended to read as follows:

The purposes of this chapter are to promote the economic and social welfare of blind persons and deaf persons in the state of Washington, to relieve blind ((or)), visually handicapped, or deaf persons from the distress of poverty through their complete integration into society on the basis of equality, to encourage public acceptance of the abilities of blind persons and deaf persons, and to promote public awareness of the causes of blindness and deafness.

Sec. 2. Section 2, chapter 194, Laws of 1983 and RCW 74.18.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means ((~~an agency of state government called~~)) the department of services for the blind and the deaf.

(2) "Director" means the director of ((~~the state agency appointed by the governor with the consent of the senate~~)) services for the blind and the deaf.

(3) "Advisory council" means the body of members appointed by the governor to advise the ((~~state agency~~)) department.

(4) "Blind" means a person who has no vision or whose vision with corrective lenses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has an eye condition of a progressive nature which may lead to blindness.

Sec. 3. Section 3, chapter 194, Laws of 1983 and RCW 74.18.030 are each amended to read as follows:

There is hereby created an agency of state government to be known as the department of services for the blind and the deaf. The department shall:

(1) Deliver services to blind persons as provided in this chapter to the extent that appropriations are made available, provided that applicants meet the eligibility criteria for services authorized by this chapter; and

(2) Provide administrative support to the state school for the blind and the state school for the deaf under chapter 72.40 RCW. In performing its duties under this subsection, the department shall:

(a) Ensure consistency and conformity with state and federal requirements in administrative areas including, but not limited to, budgeting, personnel, accounting, payroll, data processing, contracting, purchasing, inventory, training, and the adoption of administrative procedures; and

(b) Perform the necessary duties to implement the rules, policies, and decisions made by the superintendents of the state school for the blind and the state school for the deaf in the areas specified in (a) of this subsection.

Sec. 4. Section 4, chapter 194, Laws of 1983 and RCW 74.18.040 are each amended to read as follows:

The executive head of the department shall be the director of ((~~the department of~~)) services for the blind and the deaf. The director shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director's salary shall be fixed by the governor in accordance with the provisions of RCW 43.03.040.

Sec. 5. Section 6, chapter 194, Laws of 1983 and RCW 74.18.060 are each amended to read as follows:

The department shall:

(1) Serve as the sole agency of the state for contracting for and disbursing all federal and state funds appropriated for programs established by and within the jurisdiction of this chapter, and make reports and render accounting as may be required;

(2) Adopt rules, in accordance with chapter 34.04 RCW, necessary to carry out the purposes of this chapter;

(3) Negotiate agreements with other state agencies to provide services for individuals who are both blind and otherwise disabled so that multiply handicapped persons and the elderly blind receive the most beneficial services; and

(4) Allocate funds appropriated to the department for the state school for the blind and the state school for the deaf.

Sec. 6. Section 9, chapter 194, Laws of 1983 and RCW 74.18.090 are each amended to read as follows:

The advisory council for the blind may:

(1) Provide counsel to the director in developing, reviewing, and making recommendations on the department's state plan for vocational rehabilitation, budget requests, permanent rules concerning services to blind citizens, and other major policies which impact the quality or quantity of services for the blind;

(2) Undertake annual reviews with the director of the needs of blind citizens, the effectiveness of the services and priorities of the department to meet those needs, and the measures that could be taken to improve the department's services;

(3) Annually make recommendations to the governor and the legislature on issues related to the department ((~~of services for the blind~~)), other state agencies, or state laws which have a significant effect on the opportunities, services, or rights of blind citizens; and

(4) Advise and make recommendations to the governor on the criteria and qualifications pertinent to the selection of the director.

Sec. 7. Section 11, chapter 194, Laws of 1983 and RCW 74.18.110 are each amended to read as follows:

The department ((~~of services for the blind~~)) may receive, accept, and disburse gifts, grants, conveyances, devises, and bequests from public or private sources, in trust or otherwise, if the terms and conditions thereof will provide services for the blind, or benefit the state school for the blind or the state school for the deaf, in a manner consistent with the purposes of this chapter and with other provisions of law. Any money so received shall be deposited in the state treasury for investment or expenditure in accordance with the conditions of its receipt.

Sec. 8. Section 19, chapter 194, Laws of 1983 and RCW 74.18.190 are each amended to read as follows:

(1) The department may offer services to assist blind children and their families to learn skills and locate resources which increase the child's ability for personal development and participation in society.

(2) Services provided under this section may include:

(a) Direct consultation with blind children and their families to provide needs assessment, counseling, developmental training, adaptive skills, and information regarding other available resources;

(b) Consultation and technical assistance in all sectors of society, at the request of a blind child, his or her family, or a service provider working with the child or family, to assure the blind child's rights to participate fully in educational, vocational, and social opportunities. The department is encouraged to establish working agreements and arrangements with community organizations and other state agencies which provide services to blind children.

(3) To facilitate the coordination of services to blind children and their families, the office of superintendent of public instruction and the department ((~~of services for the blind~~)) shall negotiate an interagency agreement providing for coordinated service delivery and the sharing of information between the two agencies, including an annual register of blind students in the state of Washington.

Sec. 9. Section 29, chapter 194, Laws of 1983 and RCW 74.18.900 are each amended to read as follows:

The department of services for the blind and the deaf and its powers and duties shall terminate on June 30, ((~~1987~~)) 1990. This chapter expires on June 30, ((~~1988~~)) 1991. The department shall be reviewed before termination under chapter 43.131 RCW.

Sec. 10. Section 15, chapter 378, Laws of 1985 and RCW 72.40.022 are each amended to read as follows:

In addition to any other powers and duties prescribed by law and subject to RCW 74.18.030, the superintendent of the state school for the blind and the superintendent of the state school for the deaf:

(1) Shall have full control of their respective schools and the property of various kinds.

(2) Shall supervise the expenditure of moneys appropriated for their respective schools under RCW 74.18.020.

(3) May establish criteria, in addition to state certification, for teachers at ((~~their respective schools~~)) the state school for the blind and the state school for the deaf.

((~~(3)~~)) (4) Shall employ members of the faculty((~~, administrative officers,~~)) and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.

((~~(4)~~)) (5) Shall establish the course of study including vocational training, with the assistance of the faculty and the advice of the ((~~respective~~)) boards of trustees of the state school for the blind and the state school for the deaf.

((~~(5)~~)) (6) May establish new facilities as needs demand.

((~~(6)~~)) (7) May adopt rules, under chapter 34.04 RCW, as deemed necessary for the government, management, and operation of the housing facilities.

((~~(7)~~)) (8) Shall control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of ((~~their respective~~)) the schools.

((~~(8)~~)) (9) May adopt rules for pedestrian and vehicular traffic on property owned, operated, and maintained by the ((~~respective~~)) schools.

((~~(9)~~)) (10) Purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of ((~~their respective~~)) the schools.

((~~(10)~~)) (11) Except as otherwise provided by law, may enter into contracts ((~~as each superintendent deems~~)) essential to the ((~~respective~~)) purposes of ((~~their~~)) the schools.

(((11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the respective schools; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.))

(12) May contract ((~~with the department of social and health services~~)) for management consultant or other services ((~~which the department, if requested, shall provide~~)) pursuant to chapter 39.29 RCW.

(13) May, except as otherwise provided by law, enter into contracts ((~~as the superintendents deem~~)) essential for the operation of ((~~their respective~~)) the schools.

(14) Shall adopt rules providing for the transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.

(15) Shall prepare and administer ((~~their respective~~)) the budgets for the schools consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.

(16) May adopt rules under chapter 34.04 RCW and perform all other acts not forbidden by law ((~~as the superintendents deem necessary or appropriate to the administration of their respective schools~~)) with respect to the curriculum and programs of the schools.

Sec. 11. Section 26, chapter 194, Laws of 1983 and RCW 74.09.720 are each amended to read as follows:

(1) A prevention of blindness program is hereby established in the department of social and health services to provide prompt, specialized medical eye care, including assistance with costs when necessary, for conditions in which sight is endangered or sight can be restored or significantly improved. The department of social and health services shall adopt rules concerning program eligibility, levels of assistance, and the scope of services.

(2) The department of social and health services shall employ on a part-time basis an ophthalmological and/or an optometrical consultant to provide liaison with participating eye physicians and to review medical recommendations made by an applicant's eye physician to determine whether the proposed services meet program standards.

(3) The department of social and health services and the department of services for the blind and the deaf shall formulate a cooperative agreement concerning referral of clients between the two agencies and the coordination of policies and services.

NEW SECTION. Sec. 12. In addition to the transfers effected by chapter 378, Laws of 1985, all reports, documents, surveys, books, records, files, papers, or written material in the possession of the state school for the blind and the state school for the deaf and pertaining to the administrative powers, functions, and duties transferred by this act shall be delivered to the custody of the department of services for the blind and the deaf. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state school for the blind and the state school for the deaf in carrying out the administrative powers, functions, and duties transferred by this act shall be made available to the department of services for the blind and the deaf. All funds, credits, or other assets held by the state school for the blind and the state school for the deaf in connection with the administrative powers, functions, and duties transferred by this act shall be assigned to the department of services for the blind and the deaf.

Any appropriations made to the state school for the blind and the state school for the deaf for carrying out the administrative powers, functions, and duties transferred by this act shall, on the effective date of this act, be transferred and credited to the department of services for the blind and the deaf.

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. 13. In addition to the transfers effected by chapter 378, Laws of 1985, all classified employees of the state school for the blind and the state school for the deaf engaged in performing the administrative powers, functions, and duties transferred by this act are transferred to the jurisdiction of the department of services for the blind and the deaf. All employees classified under chapter 41.06 RCW, the state civil service law, engaged in performing the administrative powers, functions, and duties transferred by this act are assigned to the department of services for the blind and the deaf 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. 14. All rules and all pending business before the state school for the blind and the state school for the deaf pertaining to the administrative powers, functions, and duties transferred by this act shall be continued and acted upon by the department of services for the blind and the deaf. All existing contracts and obligations shall remain in full force and shall be performed by the department of services for the blind and the deaf.

NEW SECTION. Sec. 15. The transfer of the powers, duties, functions, and personnel of the state school for the blind and the state school for the deaf shall not affect the validity of any act performed prior to the effective date of this act.

NEW SECTION. Sec. 16. If apportionments of budgeted funds are required because of the transfers directed by sections 12 through 15 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. 17. Nothing contained in sections 12 through 15 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. 18. Section 26, chapter 378, Laws of 1985 and RCW 72.40.115 are each repealed.

NEW SECTION. Sec. 19. This act shall take effect on July 1, 1986.