H-3733              _______________________________________________

                                                   HOUSE BILL NO. 1501

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Vekich, Zellinsky, Smitherman, Hargrove, Schmidt, Brough, Haugen, Allen, McMullen, Schoon, Lundquist, Sayan, Tilly, Fisch, Thomas, Patrick, S. Wilson, J. Williams, C. Smith, Walker and May

Read first time 1/17/86 and referred to Committee on Transportation.

AN ACT Relating to the Washington state ferry system; adding a new section to chapter 47.04 RCW; and creating new sections.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 47.04 RCW to read as follows:

          All powers, duties, and functions of the department of transportation pertaining to the Washington state ferry system, other than toll bridges, are transferred to the office of the governor.   All references to the secretary or the department of transportation in the Revised Code of Washington shall be construed to mean the governor or the office of the governor when referring to the functions transferred in this section.

NEW SECTION. Sec. 2.     All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of transportation and pertaining to the powers, functions, and duties transferred by section 1 of this act shall be delivered to the custody of the office of the governor.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of transportation in carrying out the powers, functions, and duties transferred by section 1 of this act shall be made available to the office of the governor.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 1 of this act shall be assigned to the office of the governor.

          Any appropriations made to the department of transportation for carrying out the powers, functions, and duties transferred by section 1 of this act shall, on the effective date of this act, be transferred and credited to the office of the governor.

          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.

NEW SECTION. Sec. 3.     All classified employees of the department of transportation engaged in performing the powers, functions, and duties transferred by section 1 of this act are transferred to the jurisdiction of the office of the governor.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the governor 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.

NEW SECTION. Sec. 4.     All rules and all pending business before the department of transportation pertaining to the powers, functions, and duties transferred by section 1 of this act shall be continued and acted upon by the office of the governor.  All existing contracts and obligations shall remain in full force and shall be performed by the office of the governor.

NEW SECTION. Sec. 5.     The transfer of the powers, duties, functions, and personnel of the department of transportation shall not affect the validity of any act performed prior to the effective date of this act.

NEW SECTION. Sec. 6.     If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, 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.

NEW SECTION. Sec. 7.     Nothing contained in sections 1 through 6 of this act 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.