H-1519.2          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1187

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By House Committee on Government Operations (originally sponsored by Representatives Reams, Fuhrman, Van Luven, Stevens, Carrell, Campbell, Thompson, Blanton, Boldt, Koster, Sheahan and Huff)

 

Read first time 02/09/95.

 

Dividing the department of social and health services into five agencies.



     AN ACT Relating to state government organization; reenacting and amending RCW 43.17.010 and 43.17.020; adding new sections to chapter 41.06 RCW; adding new chapters to Title 43 RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.  The legislature finds that the department of social and health services is required to fulfill an immense number of responsibilities.  Due to this, the department of social and health services has grown to an unmanageable and unwieldy bureaucracy that cannot function effectively.  It is the intent of the legislature to abolish the department of social and health services and to divide the divisions of the department into four separate state agencies.  It is also the intent of the legislature to eliminate the executive division of the department of social and health services, including but not limited to the office of the secretary.

 

                                      PART 1

                    DEPARTMENT OF INCOME AND MEDICAL ASSISTANCE

 

     NEW SECTION.  Sec. 101.  As used in this chapter, unless the context indicates otherwise:

     (1) "Department" means the department of income and medical assistance.

     (2) "Director" means the director of income and medical assistance.

 

     NEW SECTION.  Sec. 102.  There is hereby created a department of state government to be known as the department of income and medical assistance.  The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.

 

     NEW SECTION.  Sec. 103.  The executive head and appointing authority of the department shall be the director.  The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor.  The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.  If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.

 

     NEW SECTION.  Sec. 104.  It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.  Therefore, whenever the director's authority is not specifically limited by law, the director shall have complete charge and supervisory powers over the department.  The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law.  The director may employ such assistants and personnel as may be necessary for the general administration of the department.  This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

 

     NEW SECTION.  Sec. 105.  The department shall be subdivided into divisions as necessary.  Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the director and approved by the governor.  In preparing such plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions and agencies under this chapter.

 

     NEW SECTION.  Sec. 106.  The director shall appoint a deputy director, a department personnel director, and such assistant directors as may be needed to administer the department.  The deputy director shall have charge and general supervision of the department in the absence or disability of the director and, in case of a vacancy in the office of director, shall continue in charge of the department until a successor is appointed and qualified, or until the governor appoints an acting director.

 

     NEW SECTION.  Sec. 107.  Any power or duty vested in or transferred to the director by law, or executive order, may be delegated by the director to the deputy director or to any other assistant or subordinate; but the director shall be responsible for the official acts of the officers and employees of the department.

 

     NEW SECTION.  Sec. 108.  The director may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department.  The director may also appoint state-wide committees or councils on such subject matters as are or come within the department's responsibilities.  The state-wide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.  The committees or councils shall be constituted as required by federal law or as the director may determine.  The members of the committees or councils shall hold office as follows:  One-third to serve one year; one-third to serve two years; and one-third to serve three years.  Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member may serve more than two consecutive terms.

     Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

     NEW SECTION.  Sec. 109.  In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law.  Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

 

     NEW SECTION.  Sec. 110.  A new section is added to chapter 41.06 RCW to read as follows:

     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of income and medical assistance to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers.

 

     NEW SECTION.  Sec. 111.  (1) All powers, duties, and functions of the department of social and health services pertaining to income and medical assistance are transferred to the department of income and medical assistance.  All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the director or the department of income and medical assistance when referring to the functions transferred in this section.

     (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 department of income and medical assistance.  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 income and medical assistance.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of income and medical assistance.

     (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 department of income and medical assistance.

     (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 department of income and medical assistance.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of income and medical assistance 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.

     (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 income and medical assistance. All existing contracts and obligations shall remain in full force and shall be performed by the department of income and medical assistance.

     (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.

     (7) Nothing contained in this section 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.

 

                                      PART 2

                           DEPARTMENT OF LONG-TERM CARE

 

     NEW SECTION.  Sec. 201.  As used in this chapter, unless the context indicates otherwise:

     (1) "Department" means the department of long-term care.

     (2) "Director" means the director of long-term care.

 

     NEW SECTION.  Sec. 202.  There is hereby created a department of state government to be known as the department of long-term care.  The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.

 

     NEW SECTION.  Sec. 203.  The executive head and appointing authority of the department shall be the director.  The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor.  The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.  If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.

 

     NEW SECTION.  Sec. 204.  It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.  Therefore, whenever the director's authority is not specifically limited by law, the director shall have complete charge and supervisory powers over the department.  The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law.  The director may employ such assistants and personnel as may be necessary for the general administration of the department.  This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

 

     NEW SECTION.  Sec. 205.  The department shall be subdivided into divisions as necessary.  Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the director and approved by the governor.  In preparing such plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions and agencies under this chapter.

 

     NEW SECTION.  Sec. 206.  The director shall appoint a deputy director, a department personnel director, and such assistant directors as may be needed to administer the department.  The deputy director shall have charge and general supervision of the department in the absence or disability of the director and, in case of a vacancy in the office of director, shall continue in charge of the department until a successor is appointed and qualified, or until the governor appoints an acting director.

 

     NEW SECTION.  Sec. 207.  Any power or duty vested in or transferred to the director by law, or executive order, may be delegated by the director to the deputy director or to any other assistant or subordinate; but the director shall be responsible for the official acts of the officers and employees of the department.

 

     NEW SECTION.  Sec. 208.  The director may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department.  The director may also appoint state-wide committees or councils on such subject matters as are or come within the department's responsibilities.  The state-wide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.  The committees or councils shall be constituted as required by federal law or as the director may determine.  The members of the committees or councils shall hold office as follows:  One-third to serve one year; one-third to serve two years; and one-third to serve three years.  Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member may serve more than two consecutive terms.

     Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

     NEW SECTION.  Sec. 209.  In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law.  Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

 

     NEW SECTION.  Sec. 210.  A new section is added to chapter 41.06 RCW to read as follows:

     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of long-term care to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers.

 

     NEW SECTION.  Sec. 211.  (1) All powers, duties, and functions of the department of social and health services pertaining to long-term care are transferred to the department of long-term care.  All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the director or the department of long-term care when referring to the functions transferred in this section.

     (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 department of long-term care.  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 long-term care.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of long-term care.

     (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 department of long-term care.

     (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 department of long-term care.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of long-term care 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.

     (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 long-term care. All existing contracts and obligations shall remain in full force and shall be performed by the department of long-term care.

     (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.

     (7) Nothing contained in this section 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.

 

                                      PART 3

                DEPARTMENT OF CHILDREN, YOUTH, AND FAMILY SERVICES

 

     NEW SECTION.  Sec. 301.  As used in this chapter, unless the context indicates otherwise:

     (1) "Department" means the department of children, youth, and family services.

     (2) "Director" means the director of children, youth, and family services.

 

     NEW SECTION.  Sec. 302.  There is hereby created a department of state government to be known as the department of children, youth, and family services.  The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.

 

     NEW SECTION.  Sec. 303.  The executive head and appointing authority of the department shall be the director.  The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor.  The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.  If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.

 

     NEW SECTION.  Sec. 304.  It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.  Therefore, whenever the director's authority is not specifically limited by law, the director shall have complete charge and supervisory powers over the department.  The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law.  The director may employ such assistants and personnel as may be necessary for the general administration of the department.  This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

 

     NEW SECTION.  Sec. 305.  The department shall be subdivided into divisions as necessary.  Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the director and approved by the governor.  In preparing such plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions and agencies under this chapter.

 

     NEW SECTION.  Sec. 306.  The director shall appoint a deputy director, a department personnel director, and such assistant directors as may be needed to administer the department.  The deputy director shall have charge and general supervision of the department in the absence or disability of the director and, in case of a vacancy in the office of director, shall continue in charge of the department until a successor is appointed and qualified, or until the governor appoints an acting director.

 

     NEW SECTION.  Sec. 307.  Any power or duty vested in or transferred to the director by law, or executive order, may be delegated by the director to the deputy director or to any other assistant or subordinate; but the director shall be responsible for the official acts of the officers and employees of the department.

 

     NEW SECTION.  Sec. 308.  The director may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department.  The director may also appoint state-wide committees or councils on such subject matters as are or come within the department's responsibilities.  The state-wide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.  The committees or councils shall be constituted as required by federal law or as the director may determine.  The members of the committees or councils shall hold office as follows:  One-third to serve one year; one-third to serve two years; and one-third to serve three years.  Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member may serve more than two consecutive terms.

     Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

     NEW SECTION.  Sec. 309.  In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law.  Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

 

     NEW SECTION.  Sec. 310.  A new section is added to chapter 41.06 RCW to read as follows:

     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of children, youth, and family services to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers.

 

     NEW SECTION.  Sec. 311.  (1) All powers, duties, and functions of the department of social and health services pertaining to children, youth, and family services are transferred to the department of children, youth, and family services.  All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the director or the department of children, youth, and family services when referring to the functions transferred in this section.

     (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 department of children, youth, and family services.  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 children, youth, and family services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of children, youth, and family services.

     (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 department of children, youth, and family services.

     (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 department of children, youth, and family services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children, youth, and family services 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.

     (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 children, youth, and family services. All existing contracts and obligations shall remain in full force and shall be performed by the department of children, youth, and family services.

     (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.

     (7) Nothing contained in this section 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.

 

                                      PART 4

                 DEPARTMENT OF REHABILITATIVE AND HEALTH SERVICES

 

     NEW SECTION.  Sec. 401.  As used in this chapter, unless the context indicates otherwise:

     (1) "Department" means the department of rehabilitative and health services.

     (2) "Director" means the director of rehabilitative and health services.

 

     NEW SECTION.  Sec. 402.  There is hereby created a department of state government to be known as the department of rehabilitative and health services.  The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.

 

     NEW SECTION.  Sec. 403.  The executive head and appointing authority of the department shall be the director.  The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor.  The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.  If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.

 

     NEW SECTION.  Sec. 404.  It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.  Therefore, whenever the director's authority is not specifically limited by law, the director shall have complete charge and supervisory powers over the department.  The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law.  The director may employ such assistants and personnel as may be necessary for the general administration of the department.  This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

 

     NEW SECTION.  Sec. 405.  The department shall be subdivided into divisions as necessary.  Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the director and approved by the governor.  In preparing such plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions and agencies under this chapter.

 

     NEW SECTION.  Sec. 406.  The director shall appoint a deputy director, a department personnel director, and such assistant directors as may be needed to administer the department.  The deputy director shall have charge and general supervision of the department in the absence or disability of the director and, in case of a vacancy in the office of director, shall continue in charge of the department until a successor is appointed and qualified, or until the governor appoints an acting director.

 

     NEW SECTION.  Sec. 407.  Any power or duty vested in or transferred to the director by law, or executive order, may be delegated by the director to the deputy director or to any other assistant or subordinate; but the director shall be responsible for the official acts of the officers and employees of the department.

 

     NEW SECTION.  Sec. 408.  The director may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department.  The director may also appoint state-wide committees or councils on such subject matters as are or come within the department's responsibilities.  The state-wide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.  The committees or councils shall be constituted as required by federal law or as the director may determine.  The members of the committees or councils shall hold office as follows:  One-third to serve one year; one-third to serve two years; and one-third to serve three years.  Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member may serve more than two consecutive terms.

     Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

     NEW SECTION.  Sec. 409.  In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law.  Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

 

     NEW SECTION.  Sec. 410.  A new section is added to chapter 41.06 RCW to read as follows:

     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of rehabilitative and health services to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers.

 

     NEW SECTION.  Sec. 411.  (1) All powers, duties, and functions of the department of social and health services pertaining to rehabilitative and health services are transferred to the department of rehabilitative and health services.  All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the director or the department of rehabilitative and health services when referring to the functions transferred in this section.

     (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 department of rehabilitative and health services.  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 rehabilitative and health services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of rehabilitative and health services.

     (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 department of rehabilitative and health services.

     (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 department of rehabilitative and health services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of rehabilitative and health services 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.

     (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 rehabilitative and health services. All existing contracts and obligations shall remain in full force and shall be performed by the department of rehabilitative and health services.

     (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.

     (7) Nothing contained in this section 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.

 

                                      PART 5

                          GENERAL DEPARTMENTAL PROVISIONS

 

     Sec. 501.  RCW 43.17.010 and 1993 sp.s. c 2 s 16, 1993 c 472 s 17, and 1993 c 280 s 18 are each reenacted and amended to read as follows:

     There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of community, trade, and economic development, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, ((and)) (14) the department of health, ((and)) (15) the department of financial institutions, (16) the department of income and medical assistance, (17) the department of long-term care, (18) the department of children, youth, and family services, and (19) the department of rehabilitative and health services, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

 

     Sec. 502.  RCW 43.17.020 and 1993 sp.s. c 2 s 17, 1993 c 472 s 18, and 1993 c 280 s 19 are each reenacted and amended to read as follows:

     There shall be a chief executive officer of each department to be known as:  (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, ((and)) (15) the director of financial institutions, (16) the director of income and medical assistance, (17) the director of long-term care, (18) the director of children, youth, and family services, and (19) the director of rehabilitative and health services.

     Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor.  The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.

 

     NEW SECTION.  Sec. 503.  (1) By July 1, 1995, the speaker of the house of representatives and the governor shall appoint a committee on the restructuring of the department of social and health services.  The committee shall consist of the speaker of the house of representatives, or the speaker's designee, and four other members of the house of representatives, two from each political party to be appointed by the speaker.  The governor shall appoint two ex officio nonvoting members of the committee, one representing the office of financial management and one representing the department of social and health services.

     (2) The house of representatives shall provide staff services to the committee.  The  office of financial management and the department of social and health services shall provide staff expertise as requested.

     (3) The committee shall divide the existing functions and responsibilities of the department of social and health services into the new departments established under this act, or propose another method of restructuring the department of social and health services into separate agencies.  The committee may address:

     (a) Strategies for ensuring collaboration among programs and between the new departments;

     (b) Recommendations for changes in existing programs and functions of the department of social and health services; and

     (c) Recommendations for providing consolidated support services to the new departments.    

     (4) By January 1, 1996, the committee shall submit to the legislature proposed legislation implementing the recommendations of the committee for the restructuring of the department of social and health services.

 

     NEW SECTION.  Sec. 504.  (1) By July 1, 1995, the president of the senate and the governor shall appoint a committee on the restructuring of the department of social and health services.  The committee shall consist of the majority leader of the senate, or the majority leader's designee, and four other members of the senate, two from each political party in the senate, appointed by the president of the senate.  The governor shall appoint two ex officio nonvoting members of the committee, one representing the office of financial management and one representing the department of social and health services.

     (2) The senate shall provide staff services to the committee.  The  office of financial management and the department of social and health services shall provide staff expertise as requested.

     (3) The committee shall divide the existing functions and responsibilities of the department of social and health services into the new departments established under this act, or propose another method of restructuring the department of social and health services into separate agencies.  The committee may address:

     (a) Strategies for ensuring collaboration among programs and between departments;

     (b) Recommendations for changes in existing programs and functions of the department of social and health services; and

     (c)  Recommendations for providing consolidated support services to the new departments.

     (4) By January 1, 1996, the committee shall submit to the legislature proposed legislation implementing the recommendations of the committee for the restructuring of the department of social and health services.

 

                                      PART 6

                                   MISCELLANEOUS

 

     NEW SECTION.  Sec. 601.  Sections 101 through 109 of this act shall constitute a new chapter in Title 43 RCW.

 

     NEW SECTION.  Sec. 602.  Sections 201 through 209 of this act shall constitute a new chapter in Title 43 RCW.

 

     NEW SECTION.  Sec. 603.  Sections 301 through 309 of this act shall constitute a new chapter in Title 43 RCW.

 

     NEW SECTION.  Sec. 604.  Sections 401 through 409 of this act shall constitute a new chapter in Title 43 RCW.

 

     NEW SECTION.  Sec. 605.  Sections 503 and 504 of this act shall expire January 1, 1996.

 

     NEW SECTION.  Sec. 606.  (1) Sections 503 and 504 of this act are 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.

     (2) Sections 1, 101 though 111, 201 through 211, 301 through 311, 401 through 411, 501, 502, and 601 through 605 of this act shall take effect September 15, 1996.

 


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