H-4520.1 _______________________________________________
HOUSE BILL 2928
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representative K. Schmidt
Read first time 01/29/96. Referred to Committee on Transportation.
AN ACT Relating to the department of licensing; amending RCW 43.17.020; reenacting and amending RCW 43.17.010; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The department of licensing is divided into two independent departments, the department of motor licensing and the department of business and professional licensing. All powers, duties, and functions enumerated in RCW 46.01.040, relating to vehicle laws, remain with the department of licensing, redesignated the department of motor licensing. All powers, duties, and functions of the business and professions administration under RCW 46.01.050 are transferred to the department of business and professional licensing. All references to the director or the department of licensing in the Revised Code of Washington shall be construed to mean the director or the department of business and professional licensing 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 licensing pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of business and professional licensing. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of licensing in carrying out the powers, functions, and duties transferred shall be made available to the department of business and professional licensing. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of business and professional licensing.
(b) Any appropriations made to the department of licensing for carrying out the powers, functions, and duties transferred shall, on the effective date of this act, be transferred and credited to the department of business and professional licensing.
(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 licensing engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of business and professional licensing. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of business and professional licensing 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 licensing pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of business and professional licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of business and professional licensing.
(5) The transfer of the powers, duties, functions, and personnel of the department of licensing shall not affect the validity of any act performed before the effective date of this act.
(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.
Sec. 2. 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 motor licensing, (8) the department of business and
professional licensing, (9) the department of general administration, (((9)))
(10) the department of community, trade, and economic development, (((10)))
(11) the department of veterans affairs, (((11))) (12) the
department of revenue, (((12))) (13) the department of retirement
systems, (((13))) (14) the department of corrections, ((and
(14))) (15) the department of health, and (((15))) (16)
the department of financial institutions, 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. 3. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 (Referendum Bill No. 45) are each 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 motor
licensing, (8) the director of business and professional licensing, (9)
the director of general administration, (((9))) (10) the director
of community, trade, and economic development, (((10))) (11) the
director of veterans affairs, (((11))) (12) the director of
revenue, (((12))) (13) the director of retirement systems, (((13)))
(14) the secretary of corrections, ((and (14))) (15) the
secretary of health, and (((15))) (16) the director of financial
institutions.
Such officers, except the secretary of transportation and the director of fish and wildlife, 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. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.
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