BILL REQ. #:  S-0655.1 

Read first time 01/19/11.   Referred to Committee on Transportation.

     AN ACT Relating to consolidating fish and wildlife officers into the Washington state patrol; adding new sections to chapter 43.43 RCW; adding a new section to chapter 77.15 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 a consolidation of fish and wildlife enforcement officers into the Washington state patrol would be beneficial to the citizens of the state by providing many opportunities to increase state government efficiency and improve the protection and conservation of the state's fish and wildlife resources. Therefore, it is the intent of the legislature to transfer fish and wildlife enforcement authorities, duties, and enforcement personnel from the department of fish and wildlife to the Washington state patrol.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.43 RCW to read as follows:
     (1) On July 1, 2012, the Washington state patrol assumes the authority and responsibility to enforce the provisions of Title 77 RCW and the rules adopted thereunder.
     (2) On July 1, 2012, all fish and wildlife officers and other personnel directly engaged in the enforcement of Title 77 RCW and the rules adopted thereunder are transferred to and become employees of the Washington state patrol.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.15 RCW to read as follows:
     (1) All fish and wildlife officers and other personnel directly engaged in the enforcement of this title and the rules adopted under this title are employed, supervised, and controlled by the chief of the Washington state patrol, who shall be the chief official charged with enforcement of this title.
     (2) All references to the director or the department in this title mean the chief of the Washington state patrol or the Washington state patrol when referring to the law enforcement functions transferred under this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.43 RCW to read as follows:
     (1) All powers, duties, and functions of the department of fish and wildlife pertaining to fish and wildlife officers and personnel directly engaged in the enforcement of Title 77 RCW and rules adopted thereunder are transferred to the Washington state patrol. All references to the director or the department of fish and wildlife in the Revised Code of Washington shall be construed to mean the chief of the Washington state patrol or the Washington state patrol 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 fish and wildlife pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of fish and wildlife in carrying out the powers, functions, and duties transferred shall be made available to the Washington state patrol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.
     (b) Any appropriations made to the department of fish and wildlife for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington state patrol.
     (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 fish and wildlife engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol 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 fish and wildlife pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.
     (5) The transfer of the powers, duties, functions, and personnel of the department of fish and wildlife 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 resources board as provided by law.

NEW SECTION.  Sec. 5   (1) The chief of the Washington state patrol must:
     (a) Establish a transition plan for the orderly implementation of this act, including: Identifying the fish and wildlife enforcement program personnel to be transferred; addressing personnel issues relating to the transfer; and facilitating the transfer of property and equipment, records, contracts, and funding from the department of fish and wildlife to the Washington state patrol. The chief of the Washington state patrol must consult with the department of fish and wildlife, department of personnel, office of financial management, and representatives of fish and wildlife officers and Washington state patrol officers in developing the transition plan; and
     (b) Present recommendations to the legislature, in the form of draft legislation, regarding any statutory changes necessary to implement this act.
     (2) The transition plan and recommendations required by subsection (1) of this section must be presented to the appropriate committees of the legislature by November 1, 2011.

NEW SECTION.  Sec. 6   Sections 2 through 4 of this act take effect July 1, 2012.