BILL REQ. #:  S-0567.1 

Read first time 01/28/09.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to state government reorganization; amending RCW 43.17.010, 43.17.020, and 43.70.555; reenacting and amending RCW 42.17.2401 and 69.50.520; adding new sections to chapter 41.06 RCW; adding a new section to chapter 74.04 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, 70.190.065, 70.190.070, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.190, 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 three new agencies created in this act not exceed ninety percent of the department of social and health services' 2007-09 budget, and that future budgets of the new departments be tied to inflation rates.

NEW SECTION.  Sec. 101   It is the purpose of this chapter to administer and enforce programs relating to juvenile rehabilitation and children, youth, and family services.

NEW SECTION.  Sec. 102   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of children and family services.
     (2) "Director" means the director of children and family services.

NEW SECTION.  Sec. 103   The department of children and family services is created as an executive branch agency. 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. 104   (1) 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.
     (2) The director may employ staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The director may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.

NEW SECTION.  Sec. 105   (1) 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 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.
     (2) In addition to other powers granted to the director, the director may:
     (a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
     (b) Accept gifts, grants, or other funds for the purposes of this chapter; and
     (c) Adopt, in accordance with chapter 34.05 RCW, rules necessary to implement this chapter. This section does not expand the rule-making authority of the director beyond that necessary to implement and administer programs and services existing July 1, 2010, as transferred to the department of children and family services under this act.

NEW SECTION.  Sec. 106   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. 107   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. 108   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. 109   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 statewide committees or councils on such subject matters as are or come within the department's responsibilities. The committees or councils shall be constituted as required by federal law or as the director may determine.
     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. 110   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. 111   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. 112   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. 113   (1) All powers, duties, and functions of the department of social and health services currently performed by the juvenile rehabilitation administration, and the children's administration 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) 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 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.

NEW SECTION.  Sec. 201   It is the purpose of this chapter to administer and enforce programs relating to cash assistance, including temporary assistance for needy families, basic food, WorkFirst, child care assistance, child support, and refugee and immigrant assistance.

NEW SECTION.  Sec. 202   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of public welfare.
     (2) "Director" means the director of public welfare.

NEW SECTION.  Sec. 203   The department of public welfare is created as an executive branch agency. 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   (1) 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.
     (2) The director may employ staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The director may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.

NEW SECTION.  Sec. 205   (1) 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 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.
     (2) In addition to other powers granted to the director, the director may:
     (a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
     (b) Accept gifts, grants, or other funds for the purposes of this chapter; and
     (c) Adopt, in accordance with chapter 34.05 RCW, rules necessary to implement this chapter. This section does not expand the rule-making authority of the director beyond that necessary to implement and administer programs and services existing July 1, 2010, as transferred to the department of public welfare under this act.

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 statewide committees or councils on such subject matters as are or come within the department's responsibilities. The committees or councils shall be constituted as required by federal law or as the director may determine.
     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 currently performed by the economic services administration 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) 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 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.

NEW SECTION.  Sec. 301   It is the purpose of this chapter to administer and enforce programs relating to medicaid, children's health programs, mental health, alcohol and substance abuse, disability determination services, home and community services, residential care services, and developmental disabilities.

NEW SECTION.  Sec. 302   The definitions in this section apply throughout this chapter unless the context clearly requires 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   The department of medical and rehabilitative services is created as an executive branch agency. 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   (1) 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.
     (2) The director may employ staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The director may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.

NEW SECTION.  Sec. 305   (1) 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 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.
     (2) In addition to other powers granted to the director, the director may:
     (a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
     (b) Accept gifts, grants, or other funds for the purposes of this chapter; and
     (c) Adopt, in accordance with chapter 34.05 RCW, rules necessary to implement this chapter. This section does not expand the rule-making authority of the director beyond that necessary to implement and administer programs and services existing July 1, 2010, as transferred to the department of medical and rehabilitative services under this act.

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 statewide committees or councils on such subject matters as are or come within the department's responsibilities. The committees or councils shall be constituted as required by federal law or as the director may determine.
     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 currently performed by the aging and disability services and health and recovery services administrations 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) 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 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.

NEW SECTION.  Sec. 401   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. 501   The following acts or parts of acts are each repealed:
     (1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198 s 1;
     (2) RCW 70.190.010 (Definitions) and 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
     (3) RCW 70.190.020 (Consolidate efforts of existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
     (4) RCW 70.190.030 (Proposals to facilitate services at the community level) and 1994 sp.s. c 7 s 316 & 1992 c 198 s 5;
     (5) RCW 70.190.040 (Finding -- Grants to improve readiness to learn) and 1993 c 336 s 901;
     (6) RCW 70.190.050 (Community networks -- Outcome evaluation) and 1998 c 245 s 122 & 1994 sp.s. c 7 s 207;
     (7) RCW 70.190.060 (Community networks -- Legislative intent--Membership -- Open meetings) and 2005 c 274 s 345, 1998 c 314 s 12, 1996 c 132 s 3, & 1994 sp.s. c 7 s 303;
     (8) RCW 70.190.065 (Member's authorization of expenditures--Limitation) and 1996 c 132 s 5;
     (9) RCW 70.190.070 (Community networks -- Duties) and 1994 sp.s. c 7 s 304;
     (10) RCW 70.190.075 (Lead fiscal agent) and 1996 c 132 s 4;
     (11) RCW 70.190.080 (Community networks -- Programs and plans) and 1996 c 132 s 6 & 1994 sp.s. c 7 s 305;
     (12) RCW 70.190.085 (Community networks -- Sexual abstinence and activity campaign) and 1994 c 299 s 5;
     (13) RCW 70.190.090 (Community networks -- Planning grants and contracts -- Distribution of funds -- Reports) and 1999 c 309 s 918, 1996 c 132 s 7, & 1994 sp.s. c 7 s 306;
     (14) RCW 70.190.100 (Duties of council) and 1998 c 245 s 123 & 1994 sp.s. c 7 s 307;
     (15) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994 sp.s. c 7 s 308;
     (16) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s 309;
     (17) RCW 70.190.130 (Comprehensive plan -- Approval process -- Network expenditures -- Penalty for noncompliance with chapter) and 1998 c 314 s 13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
     (18) RCW 70.190.150 (Federal restrictions on funds transfers, waivers) and 1994 sp.s. c 7 s 312;
     (19) RCW 70.190.160 (Community networks -- Implementation in federal and state plans) and 1994 sp.s. c 7 s 314;
     (20) RCW 70.190.170 (Transfer of funds and programs to state agency) and 1994 sp.s. c 7 s 320;
     (21) RCW 70.190.180 (Community network -- Grants for use of school facilities) and 1994 sp.s. c 7 s 604;
     (22) RCW 70.190.190 (Network members immune from civil liability--Network assets not subject to attachment or execution) and 1996 c 132 s 9;
     (23) RCW 70.190.910 (Severability -- 1992 c 198) and 1992 c 198 s 20; and
     (24) RCW 70.190.920 (Effective date -- 1992 c 198) and 1992 c 198 s 21.

Sec. 601   RCW 43.17.010 and 2007 c 341 s 46 are each 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, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of early learning, ((and)) (18) the Puget Sound partnership, (19) the department of children and family services, (20) the department of public welfare, and (21) 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. 602   RCW 43.17.020 and 2007 c 341 s 47 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, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, ((and)) (18) the executive director of the Puget Sound partnership, (19) the director of children and family services, (20) the director of public welfare, and (21) the director of medical and rehabilitative services.
     Such officers, except 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 director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

Sec. 603   RCW 42.17.2401 and 2007 c 341 s 48, 2007 c 241 s 2, and 2007 c 15 s 1 are each reenacted and amended to read as follows:
     For the purposes of RCW 42.17.240, the term "executive state officer" includes:
     (1) The chief administrative law judge, the director of agriculture, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the department of children and family services, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the department of medical and rehabilitative services, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of the department of public welfare, the executive director of the Puget Sound partnership, the director of the recreation and conservation office, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, and each district and each campus president of each state community college;
     (2) Each professional staff member of the office of the governor;
     (3) Each professional staff member of the legislature; and
     (4) Central Washington University board of trustees, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, life sciences discovery fund authority board of trustees, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, ((recreation and conservation funding board,)) state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks and recreation commission, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines ((hearing[s])) hearings board, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

Sec. 604   RCW 43.70.555 and 1998 c 245 s 77 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.

Sec. 605   RCW 69.50.520 and 2005 c 518 s 937, 2005 c 514 s 1107, and 2005 c 514 s 202 are each reenacted and 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(8), 66.24.210(4), 66.24.290(2), 69.50.505(9)(a), 82.08.150 (5) and (7)(b)(iii), 82.24.020(2), 82.24.026(2)(c), 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. excluding sections 201 through 207, including state incarceration costs. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws of 1997. During the 2003-2005 and 2005-2007 bienniums, funds from the account may also be used for costs associated with providing grants to local governments in accordance with chapter 338, Laws of 1997, funding drug offender treatment services in accordance with RCW 70.96A.350, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting system, maintenance and operating costs of the juvenile rehabilitation administration's client activity tracking system, civil indigent legal representation, multijurisdictional narcotics task forces, and transfers to the health services account((, and grants to community networks under chapter 70.190 RCW by the family policy council)).

NEW SECTION.  Sec. 606   Part headings used in this act are not any part of the law.

NEW SECTION.  Sec. 607   Sections 101 through 111 and 113 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 608   Sections 201 through 211 and 213 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 609   Sections 301 through 311 and 313 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 610   This act takes effect January 1, 2010.