Read first time 01/18/10.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to the combined fund drive; amending RCW 41.04.033, 41.04.0331, 41.04.0332, and 41.04.039; and creating a new section.

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

Sec. 1   RCW 41.04.033 and 2003 c 205 s 1 are each amended to read as follows:
     The ((director of the department of personnel)) secretary of state is authorized to adopt rules, after consultation with state agencies, institutions of higher education, and employee organizations((, to create a Washington state combined fund drive committee, and)) for the operation of the Washington state combined fund drive.

Sec. 2   RCW 41.04.0331 and 2003 c 205 s 2 are each amended to read as follows:
     To operate the Washington state combined fund ((drive's powers and duties include)) drive program, the secretary of state or the secretary's designee may, but ((are)) is not limited to the following:
     (1) ((Raising)) Raise money for charity, and reducing the disruption to government caused by multiple fund drives;
     (2) ((Establishing)) Establish criteria by which a public or private nonprofit organization may participate in the combined fund drive;
     (3) ((Engaging)) Engage in or encouraging fund-raising activities including the solicitation and acceptance of charitable gifts, grants, and donations from state employees, retired public employees, corporations, foundations, and other individuals for the benefit of the beneficiaries of the Washington state combined fund drive;
     (4) ((Requesting)) Request the appointment of employees from state agencies and institutions of higher education to lead and manage workplace charitable giving campaigns within state government;
     (5) ((Engaging)) Engage in educational activities, including classes, exhibits, seminars, workshops, and conferences, related to the basic purpose of the combined fund drive;
     (6) ((Engaging)) Engage in appropriate fund-raising and advertising activities for the support of the administrative duties of the Washington state combined fund drive; and
     (7) ((Charging)) Charge an administrative fee to the beneficiaries of the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.
     Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law.

Sec. 3   RCW 41.04.0332 and 2003 c 205 s 3 are each amended to read as follows:
     The ((Washington state combined fund drive committee)) secretary of state may enter into contracts and partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise authorized by law.

Sec. 4   RCW 41.04.039 and 2002 c 61 s 3 are each amended to read as follows:
     The Washington state combined fund drive account is created in the custody of the state treasurer. All receipts from the combined fund drive must be deposited into the account. Expenditures from the account may be used only for the beneficiaries of the Washington state combined fund drive. Only the ((director of the department of personnel)) secretary of state or the ((director's)) secretary's designee may authorize expenditures from the account. The account is not subject to allotment procedures under chapter 43.88 RCW, and an appropriation is not required for expenditures.

NEW SECTION.  Sec. 5   (1) All powers, duties, and functions of the department of personnel relating to the combined fund drive are transferred to the secretary of state.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of personnel pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the secretary of state.
     (b) 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 personnel whose positions are funded by the administrative fee authorized under RCW 41.04.0331(7) and who are engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the secretary of state. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the secretary of state 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 personnel pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the secretary of state. All existing contracts and obligations shall remain in full force and shall be performed by the secretary of state.
     (5) The transfer of the powers, duties, functions, and personnel of the department of personnel shall not affect the validity of any act performed before the effective date of this section.