HOUSE BILL REPORT

SHJR 4207

BYHouse Committee on State Government (originally sponsored by Representatives H. Sommers, McMullen and Belcher; by request of Governor Gardner)

Authorizing reorganization of the executive branch.

House Committe on State Government

Majority Report:  The substitute resolution be substituted therefor and the substitute resolution do pass.  (9)

      Signed by Representatives H. Sommers, Chair; Peery, Vice Chair; Baugher, Chandler, Hankins, O'Brien, Sayan, Taylor and Walk.

House Staff:Pam Madson (786-7135)

AS OF HOUSE SECOND READING MARCH 6, 1987

BACKGROUND:

ORGANIZATION OF STATE GOVERNMENT

Legislature.  The legislature possesses the constitutional power to determine the structure of state agencies.  It exercises this power most frequently when it enacts laws creating state agencies.  It may not eliminate the constitutionally established offices of the governor, secretary of state, treasurer, attorney general, or superintendent of public instruction.

Executive. Currently, the governor's power to reorganize state government is limited by the statutory framework that governs a particular agency.  Through agency heads appointed by the governor, the governor may change the internal organization of an agency.  For example, the statute governing the Department of Social and Health Services places wherever possible, "the internal affairs of the department under the control of the secretary...to have complete charge and supervisory powers over the department.  He is authorized to create such administrative structures as he may deem appropriate, except as otherwise specified by law..."

A similar freedom to determine internal organization is given to the Department of Ecology and the Department of Agriculture.

On the other hand some statutes creating agencies under the control of the governor specify in detail how the agencies shall be organized.  Some examples:  The Department of General Administration has 6 divisions, and the Department of Labor and Industries has 5 divisions created by statute.

The governor has little or no power to change the internal structure of agencies headed by other elected officials or by independent board or commissions (such as the Transportation Department, the Liquor Control Board, the Game Department, and the Parks and Recreation Commission).

Other discretionary powers that impact executive organization are granted to the governor through statute.  For example, some statutes authorize the governor or his or her appointees to create advisory councils. Also, the governor may designate which agency will be responsible for distribution of certain federal funds.

SUMMARY:

The governor is authorized to submit a state government reorganization proposal to the legislature.  If the legislature does not disapprove a proposal, then it will take effect.

The proposal may not diminish the powers or duties of statewide elected officials other than the governor.

The guidelines for submittal, consideration and disapproval or approval of reorganization proposals are as follows:

            oThe governor may submit a reorganization proposal to both houses of the legislature within the first fifteen days of the session.

            oThe legislature may not amend a proposal but may disapprove a proposal by passage of a concurrent resolution by a majority of the members in either house. If a proposal is not disapproved or withdrawn, then it takes effect 90 days after the end of the regular session.  Proposals are subject to initiative and referendum petition, but the legislature can not refer a proposal to the people.

Proposals which take effect are to be codified and considered law.  The legislature may prescribe additional procedures and requirements regarding the submittal, withdrawal or amendment of a reorganization proposal.  In addition, the legislature reserves its authority to reorganize the executive branch through the traditional legislative process.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Fred Hellberg, Office of the Governor;  Bill Baarsma, Governor's Task Force on State Government Reorganization; Chuck Sauvage, Washington State Common Cause; and Dick Davis, Washington Research Council (informational speaker).

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    A constitutional amendment would allow the Governor to submit a reorganization proposal to the legislature for their approval or disapproval.  This approach recognizes that structural reorganization is a management responsibility.  It can provide an orderly and stable means of comprehensive reorganization.  This approach, as opposed to a more detailed amendment, allows flexibility in a proposal.  It provides an additional approach to reorganization while maintaining the current method of legislating.

House Committee - Testimony Against:      None Presented.