BILL REQ. #:  S-0461.1 

Read first time 01/31/2005.   Referred to Committee on Early Learning, K-12 & Higher Education.

     AN ACT Relating to the office of student assistance; adding a new section to chapter 41.06 RCW; and adding a new chapter to Title 28B RCW.

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

NEW SECTION.  Sec. 1   (1) It is the purpose of this chapter to establish the office of student assistance.
     (2) The office shall administer the state's responsibilities for federal student financial aid programs.
     (3) The office, in consultation with students, the higher education coordinating board, the work force training and education coordinating board, the state board for community and technical colleges, the council of presidents, public and private institutions of higher education, and career schools and colleges has the following duties:
     (a) To work collaboratively with organizations representing the public, students, institutions of higher education, faculty, and community scholarship groups and corporations;
     (b) To provide objective and timely information to the governor, legislature, public, institutions of higher education, and higher education organizations;
     (c) To be an advocate for the needs of financially needy students to the public, the governor, the legislature, and congress;
     (d) To ensure that public funds are effectively managed and that the maximum amount possible of those funds are provided directly to needy students;
     (e) To the extent feasible, streamline distribution and accountability processes to reduce the need for administrative staff at the state and institutions of higher education;
     (f) To the extent feasible, ensure that programs follow the principle that funding follows resident students to their choice of accredited in-state career schools and colleges; and
     (g) To raise donations and matching grants from people and organizations that wish to donate to statewide financial aid programs.

NEW SECTION.  Sec. 2   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Director" means the director of the office.
     (2) "Office" means the office of student assistance.

NEW SECTION.  Sec. 3   The office of student assistance is created. The office 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 office 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 office 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 office. 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 office. 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 shall appoint a deputy director, an office personnel director, and such assistant directors as may be needed to administer the office. The deputy director shall have charge and general supervision of the office 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 office until a successor is appointed and qualified, or until the governor appoints an acting director.

NEW SECTION.  Sec. 7   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 is responsible for the official acts of the officers and employees of the office.

NEW SECTION.  Sec. 8   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 office. The director may also appoint statewide committees or councils on such subject matters as are or come within the office's responsibilities. The statewide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.
     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. 9   In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the office, 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 office 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 office. If any law dealing with the office 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. 10   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 office of student assistance 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. 11   (1) All powers, duties, and functions of the higher education coordinating board and the office of the adjutant general of the state military department pertaining to financial assistance for students at institutions of higher education are transferred to the office of student assistance. All references to the executive director of the higher education coordinating board, the higher education coordinating board, the adjutant general, or the office of the adjutant general in the military department, in the Revised Code of Washington shall be construed to mean the director or the office 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 higher education coordinating board and the office of the adjutant general of the state military department pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of student assistance. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education coordinating board and the office of the adjutant general of the state military department in carrying out the powers, functions, and duties transferred shall be made available to the office of student assistance. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of student assistance.
     (b) Any appropriations made to the higher education coordinating board and the office of the adjutant general of the state military department 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 student assistance.
     (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 higher education coordinating board and the office of the adjutant general of the state military department engaged January 1, 2005, in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of student assistance. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of student assistance 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 higher education coordinating board and the office of the adjutant general of the state military department pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of student assistance. All existing contracts and obligations shall remain in full force and shall be performed by the office of student assistance.
     (5) The transfer of the powers, duties, functions, and personnel of the higher education coordinating board and the office of the adjutant general of the state military 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.

NEW SECTION.  Sec. 12   Sections 1 through 9 and 11 of this act constitute a new chapter in Title 28B RCW.