BP BHEAD INT H

AN ACT Relating to the pollution liability insurance program; amending RCW 70.148.900; and adding a new section to chapter 70.148 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.148 RCW to read as follows:

(1) The pollution liability insurance program is hereby abolished as an independent agency of the state and its powers, duties, and functions are hereby transferred to the department of general administration. There is hereby created a pollution liability insurance program within the department of general administration. The director of general administration shall conduct the pollution liability insurance program as established in this chapter. The director of general administration shall appoint and deputize an administrator to supervise the pollution liability insurance program. All references to the director or the pollution liability insurance program in the Revised Code of Washington shall be construed to mean the director or the department of general administration.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the pollution liability insurance program shall be delivered to the custody of the department of general administration. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the pollution liability insurance program shall be made available to the department of general administration.

(b) 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 the same to the state agencies concerned.

(3)(a) The pollution liability insurance program trust account is assigned to the department of general administration. Expenditures from the account shall be used exclusively for the purposes of this chapter. No funds may be borrowed or transferred from the account to fund a purpose other than those of this chapter.

(b) All funds, credits, or other assets held by the pollution liability insurance program shall be assigned to the department of general administration.

(c) Any appropriations made to the pollution liability insurance program shall, on the effective date of this section, be transferred and credited to the department of general administration.

(4) Annually the director of the department of general administration shall report to the legislature the status of the pollution liability insurance program making a particular report of the status of and expenditures from the pollution liability insurance program trust account.

(5) All employees of the pollution liability insurance program are transferred to the jurisdiction of the department of general administration. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration 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.

(6) All rules and all pending business before the pollution liability insurance program shall be continued and acted upon by the department of general administration. All existing contracts and obligations shall remain in full force and shall be performed by the department of general administration.

(7) The transfer of the powers, duties, functions, and personnel of the pollution liability insurance program shall not affect the validity of any act performed before the effective date of this section.

(8) 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.

(9) 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.

Sec. 2. RCW 70.148.900 and 1989 c 383 s 13 are each amended to read as follows:

This chapter shall expire June 1, ((~~1995~~)) 2001.