S-3882               _______________________________________________

                                                   SENATE BILL NO. 6336

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator DeJarnatt

Read first time 1/19/88 and referred to Committee on Health Care & Corrections.

AN ACT Relating to juvenile rehabilitation; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1.     All powers, duties, and functions of the department of social and health services pertaining to the rehabilitation of juveniles fourteen years of age or older are transferred to the department of corrections.

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

          Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of corrections.

          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 employees of the department of social and health services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of corrections.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of corrections 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 department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of corrections.  All existing contracts and obligations shall remain in full force and shall be performed by the department of corrections.

NEW SECTION. Sec. 5.     The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed prior to the effective date of this section.

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.     The department of social and health services shall identify all statutory changes necessary for the orderly transition of the powers and duties transferred under section 1 of this act.  The proposal for statutory changes shall be submitted in the form of draft legislation to the appropriate committees of the senate and house of representatives by January 1, 1991.

NEW SECTION. Sec. 9.     Sections 1 through 7 of this act shall take effective July 1, 1991.