S-3664.3  _______________________________________________

 

                         SENATE BILL 6193

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senators Roach, Swecker and Schow

 

Read first time 01/08/96.  Referred to Committee on Human Services & Corrections.

 

Eliminating the department of social and health services.



    AN ACT Relating to state government organization; amending RCW 43.17.020, 43.70.555, and 69.50.520; reenacting and amending RCW 43.17.010 and 43.17.020; adding new sections to chapter 41.06 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 43.10 RCW; adding new chapters to Title 43 RCW; creating new sections; repealing RCW 70.190.005, 70.190.010, 70.190.020, 70.190.030, 70.190.040, 70.190.050, 70.190.060, 70.190.070, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.140, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.900, 70.190.910, and 70.190.920; and providing an effective date.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that the needs of Washingtonians for social services, public assistance, juvenile rehabilitation, and specialized rehabilitative and medical services are not being effectively served by the department of social and health services.  The department has grown too large, and become too unwieldy and unfocused to cope adequately with caseload demands and social and demographic change.  Despite the efforts of many employees of the department, egregious incidents have occurred in the lives of the clients the department is supposed to protect and help.

    The legislature finds that, in the interest of efficient and humane assistance to the state's citizens who are in need, the creation of new, smaller, and more focused agencies will give the provision of welfare, juvenile, and medical and social rehabilitative services an improved focus and accountability.

    It is the intent of the legislature that the combined biennial budgets of the four new agencies created in this act not exceed ninety percent of the department of social and health services' 1995-97 budget, and that future budgets of the new departments be tied to inflation rates.

 

                              PART I

            DEPARTMENT OF CHILDREN AND FAMILY SERVICES

 

    NEW SECTION.  Sec. 1.  It is the purpose of this chapter to administer and enforce programs relating to juvenile rehabilitation, aging and adult services, and children, youth, and family services.

 

    NEW SECTION.  Sec. 2.  As used in this chapter, unless the context indicates otherwise:

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

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

 

    NEW SECTION.  Sec. 3.  There is created a department of state government to be known as the department of children and family services.  The department is 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. 4.  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. 5.  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 has 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. 6.  Except as otherwise specified or as federal requirements may differently require, the department may be subdivided into divisions established and organized in accordance with plans 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. 7.  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. 8.  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. 9.  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. 10.  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 that are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department that 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 that 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. 11.  The department shall endeavor to collocate facilities with the departments of public welfare and medical and rehabilitative services, and shall establish procedures for referring clients to those departments if circumstances warrant referral.

 

    NEW SECTION.  Sec. 12.  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 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. 13.  (1) All powers, duties, and functions of the department of social and health services pertaining to juvenile rehabilitation, aging and adult services, and children, youth, and family services are transferred to the department of children 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 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 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 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 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 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 and family services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children 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 and family services.  All existing contracts and obligations shall remain in full force and shall be performed by the department of children 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 II

                   DEPARTMENT OF PUBLIC WELFARE

 

    NEW SECTION.  Sec. 201.  It is the purpose of this chapter to administer and enforce programs relating to public assistance, including but not limited to general assistance and aid to families with dependent children.

 

    NEW SECTION.  Sec. 202.  As used in this chapter, unless the context indicates otherwise:

    (1) "Department" means the department of public welfare.

    (2) "Director" means the director of public welfare.

 

    NEW SECTION.  Sec. 203.  There is created a department of state government to be known as the department of public welfare.  The department is 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. 204.  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. 205.  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 has 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. 206.  Except as otherwise specified or as federal requirements may differently require, the department may be subdivided into divisions established and organized in accordance with plans 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. 207.  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. 208.  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. 209.  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. 210.  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 that are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department that 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 that 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. 211.  The department shall endeavor to collocate facilities with the departments of children and family services and medical and rehabilitative services, and shall establish procedures for referring clients to those departments if circumstances warrant referral.

 

    NEW SECTION.  Sec. 212.  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 public welfare 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. 213.  (1) All powers, duties, and functions of the department of social and health services pertaining to public assistance, including but not limited to general assistance and aid to families with dependent children, are transferred to the department of public welfare.  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 public welfare 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 public welfare.  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 public welfare.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of public welfare.

    (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 public welfare.

    (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 public welfare.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of public welfare 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 public welfare.  All existing contracts and obligations shall remain in full force and shall be performed by the department of public welfare.

    (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 III

         DEPARTMENT OF MEDICAL AND REHABILITATIVE SERVICES

 

    NEW SECTION.  Sec. 301.  It is the purpose of this chapter to administer and enforce programs relating to medical health and rehabilitation and medical assistance.

 

    NEW SECTION.  Sec. 302.  As used in this chapter, unless the context indicates otherwise:

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

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

 

    NEW SECTION.  Sec. 303.  There is created a department of state government to be known as the department of medical and rehabilitative services.  The department is 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. 304.  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. 305.  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 has 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. 306.  Except as otherwise specified or as federal requirements may differently require, the department may be subdivided into divisions established and organized in accordance with plans 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. 307.  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. 308.  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. 309.  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. 310.  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 that are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department that 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 that 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. 311.  The department shall endeavor to collocate facilities with the departments of children and family services and public welfare, and shall establish procedures for referring clients to those departments if circumstances warrant referral.

 

    NEW SECTION.  Sec. 312.  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 medical and rehabilitative 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. 313.  (1) All powers, duties, and functions of the department of social and health services pertaining to medical health and rehabilitation and medical assistance are transferred to the department of medical and rehabilitative 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 medical and rehabilitative 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 medical and rehabilitative 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 medical and rehabilitative services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of medical and rehabilitative 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 medical and rehabilitative 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 medical and rehabilitative services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of medical and rehabilitative 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 medical and rehabilitative services.  All existing contracts and obligations shall remain in full force and shall be performed by the department of medical and rehabilitative 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 IV

                DEPARTMENT OF CENTRALIZED SERVICES

 

    NEW SECTION.  Sec. 401.  It is the purpose of this chapter to centralize support services for the departments of children and family services, public welfare, and medical and rehabilitative services.

 

    NEW SECTION.  Sec. 402.  As used in this chapter, unless the context indicates otherwise:

    (1) "Department" means the department of centralized services.

    (2) "Director" means the director of centralized services.

 

    NEW SECTION.  Sec. 403.  There is created a department of state government to be known as the department of centralized services.  The department is 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. 404.  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. 405.  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 has 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. 406.  Except as otherwise specified or as federal requirements may differently require, the department may be subdivided into divisions established and organized in accordance with plans 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. 407.  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. 408.  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. 409.  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. 410.  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 that are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department that 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 that 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. 411.  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 centralized 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. 412.  (1) All powers, duties, and functions of the department of social and health services pertaining to the following support services for the departments of children and family services, public welfare, and medical and rehabilitative services are transferred to the department of centralized services:  Management services, including budget and computer services; research and planning; legislative and community relations; and constituent relations.  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 centralized 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 centralized 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 centralized services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of centralized 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 centralized 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 centralized services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of centralized 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 centralized services.  All existing contracts and obligations shall remain in full force and shall be performed by the department of centralized 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 V

                 OFFICE OF SPECIAL INVESTIGATIONS

 

    NEW SECTION.  Sec. 501.  A new section is added to chapter 74.04 RCW to read as follows:

    All investigations of fraud under this title shall be conducted by the office of the attorney general.

 

    NEW SECTION.  Sec. 502.  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 pertaining to the office of special investigations 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 office of special investigations 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.

 

                              PART VI

                       FAMILY POLICY COUNCIL

 

    NEW SECTION.  Sec. 601.  The following acts or parts of acts are each repealed:

    (1) RCW 70.190.005 and 1994 sp.s. c 7 s 301 & 1992 c 198 s 1;

    (2) RCW 70.190.010 and 1995 c 399 s 200 & 1992 c 198 s 3;

    (3) RCW 70.190.020 and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;

    (4) RCW 70.190.030 and 1994 sp.s. c 7 s 316 & 1992 c 198 s 5;

    (5) RCW 70.190.040 and 1993 c 336 s 901;

    (6) RCW 70.190.050 and 1994 sp.s. c 7 s 207;

    (7) RCW 70.190.060 and 1994 sp.s. c 7 s 303;

    (8) RCW 70.190.070 and 1994 sp.s. c 7 s 304;

    (9) RCW 70.190.080 and 1994 sp.s. c 7 s 305;

    (10) RCW 70.190.085 and 1994 c 299 s 5;

    (11) RCW 70.190.090 and 1994 sp.s. c 7 s 306;

    (12) RCW 70.190.100 and 1994 sp.s. c 7 s 307;

    (13) RCW 70.190.110 and 1994 sp.s. c 7 s 308;

    (14) RCW 70.190.120 and 1994 sp.s. c 7 s 309;

    (15) RCW 70.190.130 and 1994 sp.s. c 7 s 310;

    (16) RCW 70.190.140 and 1994 sp.s. c 7 s 324;

    (17) RCW 70.190.150 and 1994 sp.s. c 7 s 312;

    (18) RCW 70.190.160 and 1994 sp.s. c 7 s 314;

    (19) RCW 70.190.170 and 1994 sp.s. c 7 s 320;

    (20) RCW 70.190.180 and 1994 sp.s. c 7 s 604;

    (21) RCW 70.190.900 and 1994 sp.s. c 7 s 317 & 1992 c 198 s 11;

    (22) RCW 70.190.910 and 1992 c 198 s 20; and

    (23) RCW 70.190.920 and 1992 c 198 s 21.

 

                             PART VII

               GENERAL AND MISCELLANEOUS PROVISIONS

 

    Sec. 701.  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)) centralized 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 children and family services, (17) the department of public welfare, and (18) the department of medical and rehabilitative 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. 702.  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)) director of centralized 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 children and family services, (17) the director of public welfare, and (18) the director of medical and rehabilitative 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.

 

    Sec. 703.  RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 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)) director of centralized 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 children and family services, (17) the director of public welfare, and (18) the director of medical and rehabilitative services.

    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.

 

    NEW SECTION.  Sec. 704.  On the effective date of this section, the office of diversity initiatives in the department of social and health services and all of the office's functions shall be abolished.

 

    Sec. 705.  RCW 43.70.555 and 1994 sp.s. c 7 s 204 are each amended to read as follows:

    The department((, in consultation with the family policy council created in chapter 70.190 RCW,)) shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to:  Violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence.  The standards shall be based on the standards set forth in the public health services improvement plan as required by RCW 43.70.550.

    The department((, in consultation with the family policy council,)) shall review the definitions of at-risk children and youth, protective factors, and risk factors contained in RCW 70.190.010 and make any suggested recommendations for change to the legislature by January 1, 1995.

 

    Sec. 706.  RCW 69.50.520 and 1995 2nd sp.s. c 18 s 920 are each amended to read as follows:

    The violence reduction and drug enforcement account is created in the state treasury.  All designated receipts from RCW 9.41.110(7), 66.24.210(4), 66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account.  Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs.  After July 1, 1997, at least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks ((under chapter 70.190 RCW by the family policy council)).

 

    NEW SECTION.  Sec. 707.  Part headings used in this act do not constitute any part of the law.

 

    NEW SECTION.  Sec. 708.  Sections 101 through 111 and 113 of this act shall constitute a new chapter in Title 43 RCW.

 

    NEW SECTION.  Sec. 709.  Sections 201 through 211 and 213 of this act shall constitute a new chapter in Title 43 RCW.

 

    NEW SECTION.  Sec. 710.  Sections 301 through 311 and 313 of this act shall constitute a new chapter in Title 43 RCW.

 

    NEW SECTION.  Sec. 711.  Sections 401 through 410 and 412 of this act shall constitute a new chapter in Title 43 RCW.

 

    NEW SECTION.  Sec. 712.  Section 703 of this act shall take effect July 1, 1996.

 


                            --- END ---