BP BHEAD INT S [atlas:bill]

AN ACT Relating to consolidating fish and wildlife officers into the Washington state patrol; adding new sections to chapter 43.43 RCW; adding a new section to Title 75 RCW; and adding a new section to Title 77 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that a consolidation of fish and wildlife officers into the Washington state patrol would be beneficial to fish and wildlife resources, to the public, and to individual enforcement officers. Many opportunities to increase efficiency and to improve enforcement of fish and wildlife laws will result from consolidation. The public will benefit from improved resource protection and from a more effective and responsive ability to reduce the increasing public safety hazards associated with conflicts between humans and wildlife. The officers will benefit from improved morale, increased compensation, greater advancement opportunity, improved equipment, and increased training.

The goal of this act is a consolidated fish and wildlife enforcement bureau that will function as a well-equipped and highly professional unit, will produce increased public support through greater protection and reduced response time, and will be an important part of the Washington state patrol.

NEW SECTION. Sec. 2. The Washington state patrol has the authority and duty to enforce Titles 75 and 77 RCW, and the rules adopted under those titles, relating to the time, place, and manner of taking food fish, shellfish, game fish, game animals, fur-bearing animals, protected wildlife, predatory animals, predatory birds, and game birds. All fish and wildlife enforcement program personnel directly engaged in the enforcement of Titles 75 and 77 RCW shall be transferred to and become employees of the Washington state patrol. The chief of the Washington state patrol shall provide any additional training needs to fully commission transferred fish and wildlife enforcement officers, detectives, and sergeants as Washington state patrol troopers, detectives, or sergeants. Enforcement authority of transferred fish and wildlife enforcement personnel shall continue until those personnel become commissioned officers of the Washington state patrol.

NEW SECTION. Sec. 3. The chief of the Washington state patrol may purchase, construct, lease, and operate equipment, vehicles, aircraft, boats, and supplies as necessary to carry out the duties of the Washington state patrol under section 2 of this act.

NEW SECTION. Sec. 4. A new section is added to Title 75 RCW to read as follows:

All personnel engaged in the enforcement of this title and the rules adopted under this title shall be employed, supervised, and controlled by the chief of the Washington state patrol, who shall be the chief official charged with enforcement of this title.

NEW SECTION. Sec. 5. A new section is added to Title 77 RCW to read as follows:

NEW SECTION. Sec. 6. Employees of the department of fish and wildlife enforcement program transferred to the Washington state patrol shall have the option to retain membership in the retirement and disability system in which they were members prior to the transfer, or to become members of the Washington state patrol retirement and disability system upon being commissioned.

NEW SECTION. Sec. 7. All powers, duties, and functions of the department of fish and wildlife pertaining to enforcement of Titles 75 and 77 RCW are transferred to the Washington state patrol. All references to the director or the department of fish and wildlife in the Revised Code of Washington mean the chief of the Washington state patrol or the Washington state patrol when referring to the law enforcement functions transferred in this section.

NEW SECTION. Sec. 8. There is established a fish and wildlife bureau within the Washington state patrol. The chief of the Washington state patrol shall select a bureau chief to oversee the operation of the fish and wildlife bureau. The bureau chief shall report to and serve at the pleasure of the chief of the Washington state patrol and shall maintain a close working liaison with the fish and wildlife commission to carry out the commission's goals, policies, and objectives. All officers, sergeants, and detectives transferred to the Washington state patrol under this act shall assume a rank and class which is equivalent to their counterparts in the Washington state patrol. Second-line supervisors shall be assigned a rank and classification which is the functional equivalent of their existing rank and which best fits within the operational model of the Washington state patrol. The chief of the Washington state patrol, in consultation with the department of personnel, shall make the final determination regarding second-line supervisors.

NEW SECTION. Sec. 9. All reports, documents, surveys, books, records, files, papers, and written material in the possession of the department of fish and wildlife pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of fish and wildlife in carrying out the powers, functions, and duties transferred shall be made available to the Washington state patrol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.

All full-time equivalent staff positions presently authorized and any appropriations made to the department of fish and wildlife for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington state patrol.

If 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 that determination to the state agencies concerned.

NEW SECTION. Sec. 10. All employees of the department of fish and wildlife enforcement program engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol 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. However, if up to twelve law enforcement personnel wish to remain in the department of fish and wildlife, the existing full-time equivalents and appropriations supporting them may be retained by the department of fish and wildlife, as though exempt from the operation of this chapter, for the purpose of managing problem wildlife and animal damage control. Incumbents in those retained positions shall not be authorized to carry law enforcement commissions. Transferred fish and wildlife enforcement personnel shall continue to respond to fish and wildlife issues involving human health and safety.

NEW SECTION. Sec. 11. All rules and all pending business before the department of fish and wildlife pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.

NEW SECTION. Sec. 12. The transfer of powers, duties, functions, and personnel of the department of fish and wildlife shall not affect the validity of any act performed before the effective date of this section.

NEW SECTION. Sec. 13. If apportionments of budgeted funds are required because of the transfers directed by sections 9 though 11 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. 14. Nothing contained in sections 7 through 13 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. 15. There is established a fish and wildlife bureau transition committee, which shall be chaired by the chief of the Washington state patrol and shall include one member from each of the following entities: The department of fish and wildlife; the department of personnel; the Washington state troopers' association; the Washington federation of state employees‑-fish and wildlife officers; the fish and wildlife sergeants' association; the fish and wildlife captains' association; and the office of financial management. For the efficient implementation of this act, the committee shall make recommendations to the chief, who shall report to the legislature one year following the effective date of this section, at which time the committee shall be abolished.

NEW SECTION. Sec. 16. Sections 1 through 3 and 6 through 15 of this act are each added to chapter 43.43 RCW.