1719-S.E AMS HSC S2966.1

1719-S.E AMS HSC S2966.1

ESHB 1719 - S COMM AMD

By Committee on Human Services & Corrections

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature intends to bolster the capacity of the state to do independent investigations of criminal conduct related to programs administered by the department of social and health services and to remove conflicts that may arise when an agency is required to investigate its own staff and clients.

NEW SECTION. Sec. 2. A new section is added to chapter 74.04 RCW to read as follows:

All criminal investigations under this title that in the normal course of business would have been conducted by a certified criminal justice agency under chapter 10.93 RCW and RCW 43.43.705 before the effective date of this section shall be conducted by the office of the attorney general.

NEW SECTION. Sec. 3. A new section is added to chapter 43.10 RCW to read as follows:

(1)(a) All powers, duties, and functions of the department of social and health services related to investigations of criminal conduct in agency programs conducted by a certified criminal justice agency under chapter 10.93 RCW and RCW 43.43.705 are transferred to the office of the attorney general. All references to the secretary or the department of social and health services in the Revised Code of Washington pertaining to the functions transferred in this section shall be construed to mean the attorney general or the office of the attorney general when referring to the functions transferred in this section.

(b) The department of social and health services through an office of inspector general within the department shall maintain the primary responsibility for fraud and abuse detection and shall maintain the ability to analyze such fraud and abuse cases and refer them to the unit of the attorney general's office authorized under this section.

(i) Conduct, supervise, and coordinate criminal investigations;

(ii) Review proposed legislation and rules relating to the detection and prevention of criminal conduct in programs administered by the department of social and health services, and make recommendations for improvement;

(iii) Recommend policies related to program integrity and coordinate activities carried out or financed by the department of social and health services for the purpose of preventing and detecting fraud, abuse or other criminal conduct;

(iv) Recommend policies related to program integrity, and conduct, supervise, and coordinate relationships between the department of social and health services and federal, state, and local governmental agencies, and nongovernmental entities, with respect to (A) matters relating to the prevention and detection of fraud, abuse, or other criminal conduct in programs and operations administered by the department; or (B) the identification and prosecution of participants in such fraud or abuse; and

(v) Keep the attorney general and the legislature informed by means of reports concerning the detection and prevention of fraud or abuse and make recommendations for improvement of the activities.

(d) In carrying out the duties and responsibilities established in this section and section 2 of this act, the attorney general: (i) Shall refer all investigations in which the attorney general has found substantial evidence supporting a finding of a violation of federal or state criminal law to the appropriate prosecuting authority for possible criminal prosecution, and may prosecute any such criminal offense only pursuant to authority granted under RCW 43.10.232; and (ii) shall have access to all department records and files the attorney general deems necessary to carry out these duties and responsibilities.

(2)(a) 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 office of the attorney general. 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 office of the attorney general. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the attorney general.

(b) 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 office of the attorney general.

(c) 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.

(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 office of the attorney general. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the attorney general.

(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 office of the attorney general. All existing contracts and obligations shall remain in full force and shall be performed by the office of the attorney general.

(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 before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, 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. 4. This act shall take effect January 1, 1996."

ESHB 1719 - S COMM AMD

By Committee on Human Services & Corrections

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding a new section to chapter 74.04 RCW; adding a new section to chapter 43.10 RCW; creating a new section; and providing an effective date."