5393-S

AN ACT Relating to community planning for children, youth, and family services; amending RCW 74.14A.020, 74.15.010, and 84.52.0531; adding a new section to Title 28A RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 43.41 RCW; adding new sections to chapter 74.14A RCW; creating new sections; making an appropriation; providing a contingent effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Expanded public effort to support, strengthen, and help refashion family and community associations to care for children is now required of government.

For these reasons, it is the purpose of this act to modify public policy and programs to empower communities to support and respond to the needs of individual families and children. The state shall focus public policy on community strategies that empower families to preserve and protect their children, and support alternative community environments for children who are out of the care of their family.

NEW SECTION. Sec. 2. The legislature finds that the purposes of this act will best be implemented through the partial decentralization and reconfiguration of the department of social and health services' administration and programs in a method harmonious with the goals of greater efficiency and increased local coordination.

Consistent with this finding the department of social and health services shall, by July 1, 1995, develop and implement a plan to: (1) Decentralize portions of its decision-making and operational planning; (2) develop new allotment and fiscal tracking systems compatible with the intent of this act; (3) streamline and enhance child care licensing procedures; (4) decentralize child care licensors; (5) increase monitoring of and enforcement of unlicensed child care providers; (6) increase incentives to encourage licensure of all child care providers; and (7) begin block granting nonentitlement child care.

Sec. 3. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

((~~The department of social and health services~~)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:

(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;

(2) Ensuring that appropriate social and health services are provided to the family unit both prior to the removal of a child from the home and after family reunification;

(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;

(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

((~~(4)~~)) (6) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;

(7)(a) Developing coordinated social and health services which:

((~~(a)~~)) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

((~~(b)~~)) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

((~~(c)~~)) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

((~~(d)~~)) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

((~~(e)~~)) (v) Reduce duplication of and gaps in service delivery;

((~~(f)~~)) (vi) Improve planning, budgeting, and communication among all units of the department serving children and families; and

((~~(g)~~)) (vii) Develop outcome standards for measuring the effectiveness of social and health services for children and families.

(b) In developing services under this subsection, local communities must be partners in planning and developing support networks that are tailored to their unique needs.

NEW SECTION. Sec. 4. As used in this chapter, unless the context indicates otherwise:

(1) "Political subdivisions" means regional offices of state agencies and counties.

(2) "Regional council for children, youth, and families" means the authority created according to section 6 of this act, and shall include representatives of local school districts, federally recognized Indian tribes, cities, towns, citizens, consumers of social services, political subdivisions, existing childrens' commissions, health departments, early childhood education and assistance programs, and ethnic minorities. The councils shall include, but are not limited to, the largest school district, the largest county authority administering a juvenile court, the largest health department, the largest early childhood education and assistance program, and the largest department regional child services office within their councils' boundaries.

NEW SECTION. Sec. 5. (1) A children's services commission is created to: (a) Review sections 4, 6 through 16, 19, and 21 of this act for adoption or rejection; (b) review the issues related to the creation of regional councils for children, youth, and families; (c) review the scope of the council's duties; (d) identify programs and funds that should be transferred to the council; (e) develop recommendations on the number of regional councils that should be created and the specific boundaries for the proposed regional councils; (f) develop a list of all state and federal funded prevention and early intervention programs for children, youth, and families, including a description and current budget for each program; and (g) review any other related matters as determined by the chair of the commission.

(2) The commission shall be composed of fourteen members, to be appointed by the governor. The membership of the commission shall include: The secretary of the department of social and health services, who shall chair the commission; a citizen; a youth; a consumer of social services; a representative of the department of health, the department of community development, and the office of the superintendent of public instruction; and one representative of a county, a city, a town, a federally recognized Indian tribe, a school district, an existing children's commission, and a private agency provider of children's services. The governor shall ensure the racial, ethnic, and geographic diversity in the commission's membership.

(3) The commission shall specifically adopt or reject the provisions contained in each of the following sections of this act: Sections 4, 6 through 16, 19, and 21. If the commission rejects any of these sections it shall identify the reasons for rejection and shall propose alternative recommendations.

(4) The commission shall submit a preliminary report to the legislature, by January 1, 1994, containing: (a) Recommendations on the number of regional councils that should be created and the specific boundaries for the proposed regional councils; (b) a list of all state and federal funded prevention and early intervention programs for children, youth, and families, including a description and current budget for each program. The commission shall submit a final report containing its recommendations to the senate health and human services committee, the house of representatives human services committee, and the code reviser, by January 1, 1995.

(5) Members of the commission shall be reimbursed for travel expenses in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 6. (1) The department of social and health services, the department of health, the department of community development, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to a system of not less than six or more than twelve regional councils for children, youth, and families. The councils shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to accomplish the purposes stated in sections 1 and 2, chapter . . . , Laws of 1993 (sections 1 and 2 of this act) and RCW 74.14A.020.

(2) To assure this regional system, the secretary shall assist in the development of a locally controlled system of regional councils for children, youth, and families. Political subdivisions shall submit requests for the creation of regional councils to the governor along with a list of names proposed for membership consideration. The governor shall appoint members of the regional councils for terms of three years, except in the case of a vacancy, in which event appointment shall be for the remainder of the unexpired term. As soon as possible, but in no case later than December 1, 1995, the agreement shall recognize regional councils for children, youth, and families requested by political subdivisions and whose members have been appointed by the governor.

(3) The councils shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by law, and shall participate in the planning process required by chapter 326, Laws of 1991.

(4) The secretary shall contract with the councils, on a block grant basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1997. The contract shall include state and federal funds currently appropriated for at least:

(a) The prevention and early intervention programs contracted with private agencies on January 1, 1993;

(b) Consolidated juvenile services;

(d) The first steps program; and

(e) Other programs as decided by law.

NEW SECTION. Sec. 7. A new section is added to Title 28A RCW to read as follows:

The superintendent of public instruction shall contract with the councils established in section 6 of this act, on a single, block grant basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1997. The contracts shall include state and federal funds currently appropriated for at least the following programs:

(1) Drug and alcohol prevention under chapter 28A.170 RCW;

(2) The Fair Start program;

(3) School psychological and social counseling services; and

(4) School health and nutrition services.

NEW SECTION. Sec. 8. A new section is added to chapter 43.63A RCW to read as follows:

The department of community development shall contract with the councils established in section 6 of this act, on a single, block grant basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1997. The contracts shall include state and federal funds currently appropriated for at least the early childhood education and assistance program.

NEW SECTION. Sec. 9. A new section is added to chapter 43.70 RCW to read as follows:

The department of health shall contract with the councils established in section 6 of this act, on a single, block grant, capitated basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1997. The contracts shall include state and federal funds currently appropriated for all health education and health promotion programs where the primary target population is children.

NEW SECTION. Sec. 10. (1) Any state or federal funds identified for contracts with councils established according to section 6 of this act shall be transferred with no reductions and shall from the date of transfer, receive the same cost of living adjustments that may be appropriated and allocated for state employees. No political subdivision or other council participant may reduce their funding for children or family services below that provided on the effective date of this section.

(2) If there exists any federal restrictions against the transfer of funds, for the programs enumerated in sections 6 through 9 of this act, to the regional councils for children, youth, and families, the department or agency currently responsible for the administration of those funds shall immediately apply to the federal government for waivers of the federal restrictions. Each department or agency shall obtain approval of the waiver request from the office of financial management prior to its submittal to the federal government.

NEW SECTION. Sec. 11. A new section is added to chapter 43.41 RCW to read as follows:

The office of financial management shall review the administration of funds as modified by sections 6 through 10 of this act and shall by January 1, 1997, propose legislation to complete interdepartmental transfers of funds or programs needed to place all programs and funds affected by sections 6 through 10 of this act into a single existing state agency. The proposal shall place these programs in a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of sections 1 and 2, chapter . . ., Laws of 1993 (sections 1 and 2 of this act) and RCW 74.14A.020. The office of financial management may not suggest the creation of a new state agency for the function unless, after thorough review and documentation, the office of financial management determines that no suitable state agency exists. The office of financial management shall review statutes that authorize the programs transferred by sections 6 through 10 of this act and suggest legislation to eliminate statutory requirements that interfere with the administration of sections 6 through 10 and 12 through 16 of this act. However statutes establishing state authority to set program quality standards and services minimums, including priority areas for minorities, may not be suggested for elimination.

NEW SECTION. Sec. 12. Regional councils for children, youth, and families shall develop two‑year children, youth, and family plans that clearly responds to regional biennial needs assessments and interagency service plans, goals of local school districts, public health departments, juvenile courts and children's protective services consistent with the intent and requirements of this chapter. Plans shall be updated biennially and shall serve as a basis for contracting according to the provisions of sections 6 through 9 and 15 of this act.

In these regional interagency service plans, the regional councils for children, youth, and families shall address the needs of children, youth, and families by planning for access to assistance that will strengthen the healthy family unit or community organizations and reduce or prevent conditions that undermine families or communities. Such plans shall be consistent with the requirements of RCW 74.14A.020 and shall address, at a minimum, strategies to increase parental involvement in child care and in developmental and educational services. Such plans shall also seek to reduce the abuse of alcohol and illegal substances by children and their parents, and interpersonal violence and intentional injury to children. The plans shall also include strategies to improve access to high quality, culturally relevant services for all racial and ethnic minorities within the region.

NEW SECTION. Sec. 13. (1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula that reflects local needs assessments that considers:

(a) The number of at‑risk children;

(b) The number of children in out‑of‑home placements;

(c) The number of recipients of aid to families with dependent children and participants in the family independence program;

(d) The number of child protective services cases ranked according to risk;

(e) The rate of detention for juveniles;

(f) Social and economic indicators including poverty and hunger;

(g) The number of convictions for crimes against children;

(h) The number of convictions for crimes related to illegal drug and alcohol use;

(i) The number of child and teenage suicides;

(j) The school dropout rate;

(k) Children's mental health needs assessments; and

(l) The number of ethnic minority persons.

(2) The office of financial management shall submit a proposed distribution formula in accordance with this section to the legislature by January 1, 1996. The formula shall also include a projection of the funding allocations that will result for each local council.

NEW SECTION. Sec. 14. The implementation of regional councils for children, youth, and families, shall be included in all federal and state plans affecting the state's children, youth, and families, including at least those required by this chapter and applicable federal law. These plans shall be consistent with the intent and requirements of this chapter.

NEW SECTION. Sec. 15. The secretary of social and health services, the director of community development, the secretary of health, and the office of the superintendent of public instruction, shall:

(1) Disburse funds for the regional councils for children, youth, and families that are ready to implement programs as soon as possible, but in no case later than April 1, 1996;

(2) Enter into biennial contracts with regional councils for children, youth, and families to begin implementation as soon as possible, and complete implementation by June 30, 1997. The contracts shall be consistent with available resources;

(3) By July 1, 1997, allocate one hundred percent of available resources for programs regulated by this chapter to regional councils for children, youth, and families in single block grants to each council. The grants shall be distributed in accordance with a formula submitted to the legislature by January 1, 1996, based on the distribution formula in section 13 of this act; and

(4) Notify regional councils for children, youth, and families of their allocation of available resources at least ninety days before the start of a new biennial contract period.

NEW SECTION. Sec. 16. If no group of political subdivisions is willing to assume powers and duties under this chapter by June 30, 1997, the office of financial management shall designate a single state agency to do so and shall immediately transfer all funds and programs specified in this chapter to that agency.

NEW SECTION. Sec. 17. The secretary shall:

(1) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges.

(2) The guidelines shall, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

(a) Placement within the foster care system for two years or more;

(b) Multiple foster care placements;

(d) Chronic behavioral or educational problems;

(e) Repetitive criminal acts or offenses;

(f) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

(g) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance.

(3) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs shall: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs shall be ready for implementation by January 1, 1994.

(4) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, shall be evaluated for identification of long-term needs within thirty days of placement.

(5) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired.

(6) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth.

(7) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition.

(8) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994.

Sec. 18. RCW 74.15.010 and 1983 c 3 s 192 are each amended to read as follows:

The purpose of chapter 74.15 RCW and RCW 74.13.031 is:

(1) To safeguard the well-being of children, expectant mothers and developmentally disabled persons receiving care away from their own homes;

(2) To strengthen and encourage family unity and to sustain parental rights and responsibilities to the end that foster care is provided only when a child's family, through the use of all available resources, is unable to provide necessary care;

(3) To ensure the availability and development of an array of residential and family support options that sustain family involvement, preserve family integrity, and appropriately meet the health and developmental needs of children in need of long-term care or assistance;

(4) To promote the development of a sufficient number and variety of adequate child-care and maternity-care facilities, both public and private, through the cooperative efforts of public and voluntary agencies and related groups((.));

((~~(4)~~)) (5) To provide consultation to agencies caring for children, expectant mothers or developmentally disabled persons in order to help them to improve their methods of and facilities for care;

((~~(5)~~)) (6) To license agencies as defined in RCW 74.15.020 and to assure the users of such agencies, their parents, the community at large and the agencies themselves that adequate minimum standards are maintained by all agencies caring for children, expectant mothers and developmentally disabled persons.

NEW SECTION. Sec. 19. The legislature recognizes the inherent difficulties in ensuring efficient delivery of services and public access to services in rural counties of the state. The large distances that exist between cities and towns, combined with a lack of convenient public transportation, can make it difficult for many families to reach state or county agencies during working hours. Therefore, regional councils shall agree to the shared use of local and county facilities, including school district facilities, where agency service delivery and access would be improved for residents of rural counties or remote population centers. Such agreements shall be made in accordance with section 6 of this act.

NEW SECTION. Sec. 20. The department is authorized to establish a pilot project in a rural county in southwest Washington for the purpose of establishing an intensive community-based and family-centered program designed to create improved situations of permanency for children and families.

Sec. 21. RCW 84.52.0531 and 1992 c 49 s 1 are each amended to read as follows:

The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

(1) For excess levies for collection in calendar year 1992, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1991.

(2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

(3) For excess levies for collection in calendar year 1993 and thereafter, the maximum dollar amount shall be the sum of (a) and (b) of this subsection minus (c) of this subsection:

(a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (5) of this section;

(b) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation;

(c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.

(4) For excess levies for collection in calendar year 1993 and thereafter, a district's levy base shall be the sum of allocations in (a) through ((~~(c)~~)) (d) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through ((~~(c)~~)) (d) of this subsection.

(a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;

(b) State and federal categorical allocations for the following programs:

(i) Pupil transportation;

(ii) Handicapped education;

(iii) Education of highly capable students;

(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;

(v) Food services; and

(vi) State-wide block grant programs; ((~~and~~))

(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes; and

(d) Any moneys transferred to regional councils under section 7 of this act that are not included in (a) through (c) of this subsection.

(5) For excess levies for collection in calendar year 1993 and thereafter, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's maximum levy percentage for the prior year by the district's levy base as determined in subsection (4) of this section;

(b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (6) of this section which are to be allocated to the district for the current school year;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

(6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.

(7) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

(8) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

(9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

NEW SECTION. Sec. 22. (1) The state center for children, youth, and families is hereby created. The center shall serve as the clearinghouse for information concerning innovations in children, youth, and family issues aimed at reducing events that weaken a family's ability to provide for its children and at providing care for children who have no parents able or willing to provide care. Information from the clearinghouse shall be available on request to the children, youth, and family networks. The center shall also provide technical assistance to the children's services commission created under section 5 of this act on prevention and early intervention issues, including community protection and prevention of violence toward children, youth, and families, and sexual exploitation of children and youth.

(2) The center shall review any data collected pursuant to this chapter to:

(a) Identify high priority children, youth, and family issues that require study or evaluation. Such issues may include, but are not limited to:

(i) Evaluation of outcomes of children, youth, and family interventions to assess their benefit to the people of the state;

(ii) Evaluation of specific population groups to identify needed changes in children, youth, and family support services;

(iii) Evaluation of the risks and benefits of various incentives aimed at individuals for both preventing family dysfunction and improving community and state support for children, youth, and families;

(iv) Evaluation of the incidence of ethnic and racial disproportionality among programs, examination of the implications of disproportionality as it relates to the availability and accessibility of services, and identification of needed changes in the service delivery system.

(b) Create a list of issues to study, specifying the objectives of each study, the study timeline, the specific improvements in the ability of communities to support children, youth, and families expected as a result of the study, and the estimated cost of the study. The list shall be submitted to the governor and the legislature as part of the biennial budget process. However, no study activity may be undertaken by the center without specific statutory authority and budget from the legislature.

(3) Any data, research, or findings obtained at the center may be made available to the general public, including health professionals; the children's services commission created under section 5 of this act; any existing children's commissions; health and children, youth, and family associations; the governor; professional boards; regulatory agencies; and any person or group who has provided data for the center.

NEW SECTION. Sec. 23. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of social and health services for the purposes of section 20 of this act.

NEW SECTION. Sec. 24. Sections 5, 17, 20, and 22 of this act are each added to chapter 74.14A RCW.

NEW SECTION. Sec. 25. Sections 4, 6 through 16, 19, and 21 of this act shall not take effect unless adopted by the children's services commission, created under section 5 of this act, in the commission's report due January 1, 1995. Every section adopted in the commission's report shall take effect on July 1, 1995. If the commission fails to adopt or reject any of the enumerated sections of this act those sections shall take effect on July 1, 1995.

NEW SECTION. Sec. 26. Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.