BP BHEAD INT S [atlas:bill]

AN ACT Relating to creating a department for employment services; amending RCW 43.17.020; reenacting and amending RCW 43.17.010; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that major policy initiatives from the federal government require a response from Washington. The passage of P.L. 104-193, the personal responsibility and work opportunities reconciliation act of 1996, places a major emphasis on preparing low-income individuals for work. It also requires individuals to move quickly from dependence to economic self‑sufficiency. The legislature finds that the current organization of state agencies and programs serving low-income families is not structured in a way to maximize state resources and assist low-income families in the most cost-effective manner. The legislature intends, through the reorganization required by this act, to consolidate state employment and support programs for low-income families, improve services to the population, and facilitate the self-sufficiency of the families served.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

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

NEW SECTION. Sec. 3. There is created a department of state government to be known as the department of employment 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 is 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 the department's business that 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 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. The director may create such administrative divisions as the director deems 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. 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. 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 employment 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.

Sec. 12. 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, and (16) the department of employment 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. 13. 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 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, and (16) the director of employment 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.

PART I

TRANSFER OF FUNCTIONS OF EMPLOYMENT SECURITY DEPARTMENT

NEW SECTION. Sec. 14. (1) The employment security department is hereby abolished and its powers, duties, and functions are hereby transferred to the department of employment services. All references to the commissioner or the employment security department in the Revised Code of Washington shall be construed to mean the director or the department of employment services.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the employment security department shall be delivered to the custody of the department of employment services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the employment security department shall be made available to the department of employment services. All funds, credits, or other assets held by the employment security department shall be assigned to the department of employment services.

(b) Any appropriations made to the employment security department shall, on the effective date of this section, be transferred and credited to the department of employment services.

(c) 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) All employees of the employment security department are transferred to the jurisdiction of the department of employment services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of employment 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 employment security department shall be continued and acted upon by the department of employment services. All existing contracts and obligations shall remain in full force and shall be performed by the department of employment services.

(5) The transfer of the powers, duties, functions, and personnel of the employment security department 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

TRANSFER OF ECONOMIC SERVICES ADMINISTRATION

FROM DEPARTMENT OF SOCIAL AND HEALTH SERVICES

NEW SECTION. Sec. 15. (1) All powers, duties, and functions of the department of social and health services pertaining to economic services administration are transferred to the department of employment 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 employment 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 employment 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 employment services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of employment 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 employment 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 employment services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of employment 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 employment services. All existing contracts and obligations shall remain in full force and shall be performed by the department of employment 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.

PART III

TRANSFER OF VOCATIONAL REHABILITATION

FROM DEPARTMENT OF SOCIAL AND HEALTH SERVICES

NEW SECTION. Sec. 16. (1) All powers, duties, and functions of the department of social and health services pertaining to vocational rehabilitation are transferred to the department of employment 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 employment services when referring to the functions transferred in this section.

PART IV

TRANSFER OF VOCATIONAL REHABILITATION

FROM DEPARTMENT OF LABOR AND INDUSTRIES

NEW SECTION. Sec. 17. (1) All powers, duties, and functions of the department of labor and industries pertaining to vocational rehabilitation are transferred to the department of employment services. All references to the director or the department of labor and industries in the Revised Code of Washington shall be construed to mean the director or the department of employment 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 labor and industries pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of employment services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of labor and industries in carrying out the powers, functions, and duties transferred shall be made available to the department of employment services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of employment services.

(b) Any appropriations made to the department of labor and industries 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 employment services.

(3) All employees of the department of labor and industries engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of employment services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of employment 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 labor and industries pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of employment services. All existing contracts and obligations shall remain in full force and shall be performed by the department of employment services.

(5) The transfer of the powers, duties, functions, and personnel of the department of labor and industries shall not affect the validity of any act performed before the effective date of this section.

NEW SECTION. Sec. 18. Sections 1 through 10 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 19. This act takes effect February 28, 1998.