5653-S

AN ACT Relating to investigations of public assistance fraud; 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.

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

NEW SECTION. Sec. 1. The legislature intends to bolster the capacity of the state to do independent investigations of public assistance fraud 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 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) All powers, duties, and functions of the department of social and health services 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.

(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 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 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.

(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.

NEW SECTION. Sec. 4. This act shall take effect January 1, 1996.