H-1096              _______________________________________________

 

                                                   HOUSE BILL NO. 1659

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representative Hargrove

 

 

Read first time 2/1/89 and referred to Committee on Human Services.

 

 


AN ACT Relating to delivery of social services; creating new sections; and providing an expiration date.

 

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

 

          NEW SECTION.  Sec. 1.     The legislature finds that it is of paramount importance that social services be delivered in the most efficient, cost-effective manner and that the faith of the people of the state of Washington be restored in the belief that precious taxpayer funds are being used for vital services with the utmost efficiency while insuring that all needed services are provided.  The legislature further finds that it is important that a means be devised for integrating the delivery of social services and making the delivery of services compatible with community initiative, needs, and input.  To the extent possible, social service delivery should: (1) Avoid the concentration of power; (2) permit greater flexibility in recognizing the different problems and needs of different communities; (3) encourage innovation so that similar communities can experiment with different types of solutions; and (4) encourage the development of systems in which the individual can have a significant role in shaping the development of community policy.

 

          NEW SECTION.  Sec. 2.     A joint select committee to study the reform of the Washington state social service delivery system is hereby created.  The committee shall consist of eight members, four of whom shall be selected by the speaker of the house of representatives and four of whom shall be selected by the president of the senate.  Membership shall be composed of two members from each political caucus in the senate and house of representatives.  The committee shall elect a chair and a vice-chair from its membership.  The purpose of the committee is to study the experience of other states and nations to determine the best possible service delivery system for the state of Washington.  The broadest possible options shall be considered including optimum agency size and local versus state control of services and coordination of services.  The committee shall consider the advantages and drawbacks of each form.

 

          NEW SECTION.  Sec. 3.     The joint select committee shall establish advisory committees to study and provide input on issues relating to social service delivery.  The committees shall consist of social service recipients or their representatives, local government representatives, community and neighborhood association representatives, public interest organization representatives, and individuals currently engaged in the delivery of social services or their representatives.  The committee shall make periodic reports to those committees in the house of representatives and senate having jurisdiction over the provision of social services.

 

          NEW SECTION.  Sec. 4.     It is the intent of the legislature that the joint select committee work with the Washington state commission for efficiency and accountability in government so that, in making its study, the committee may draw upon the expertise of loaned business executives and other commission resources to ensure that the committee's recommendations contemplate a system that is efficient and minimizes administrative costs.  Materials supplied to the legislature by the Washington state institute for public policy by March 30, 1988, shall also be utilized by the committee.

 

          NEW SECTION.  Sec. 5.     The legislature declares, commencing with the effective date of this section and continuing through action on the joint committee's recommendations but  no later than June 1, 1992, a moratorium on making changes in the structure of the department of social and health services through legislative or administrative action.

 

          NEW SECTION.  Sec. 6.     The joint select committee shall make its recommendations to the legislature no later than December 1, 1989.

          On July 1, 1990, if the legislature has not acted to revise and reform the delivery of social services in accordance with the goals set out in section 1 of this act, the department of social and health services shall go out of existence, and sections 7 through 17 of this act shall take effect.  The department shall have until July 1, 1991, to restructure itself as set out in sections 7 through 17 of this act.

 

          NEW SECTION.  Sec. 7.     There is hereby created the department of central support services; the department of long-term care; the department of children, youth, and family services which shall include income and medical assistance, and drug, alcohol, and mental health services for children; the department of rehabilitation services which shall include general assistance, mental health, developmental disability, and vocational rehabilitation; and the department of health.  The departments shall be located in the facilities of the department of social and health services.

 

          NEW SECTION.  Sec. 8.     The department of social and health services is hereby abolished and its powers, duties, and functions are hereby transferred to the appropriate department as divided by the transition team established under section 15 of this act.  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 appropriate department created under section 7 of this act.

 

          NEW SECTION.  Sec. 9.     All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services shall be delivered to the custody of the transition team created under section 15 of this act to be transferred to the appropriate department.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services shall be made available to the transition team to be transferred to the appropriate department.  All funds, credits, or other assets held by the department of social and health services shall be assigned to the appropriate department by the transition team.

          Any appropriations made to the department of social and health services shall, on the effective date of this section, be transferred and credited to the appropriate department by the transition team.

 

          NEW SECTION.  Sec. 10.    All employees of the department of social and health services are transferred to the jurisdiction of the transition team established under section 15 of this act to be transferred to the appropriate department.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to their respective departments 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. 11.    All rules and all pending business before the department of social and health services shall be continued and acted upon by the appropriate department.  All existing contracts and obligations shall remain in full force  and shall be performed by the appropriate department.

 

          NEW SECTION.  Sec. 12.    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 prior to the effective date of this section.

 

          NEW SECTION.  Sec. 13.    If apportionments of budgeted funds are required because of the transfers directed by sections 9 through 12 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. 14.    Nothing contained in sections 8 through 13 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.

 

          NEW SECTION.  Sec. 15.    (1) The governor shall appoint a transition team to direct the details of administration of this act.  The team shall consist of representatives from the office of financial management, the legislature, and the divisions of the department of social and health services.

          (2) The transition team shall divide up the functions of the department of social and health services into the new departments after the effective date of this section as follows:

          (a) All support services including but not limited to personnel, financial, administration, auditing, comptroller, constituent relations, and legal services of the attorney general's office shall remain with the department of central support services.

          (b) All personnel, funds, books, documents, records, papers, files, equipment, or other tangible property required for the direct provision of services to the public shall be transferred to the department to be responsible for such services.

 

          NEW SECTION.  Sec. 16.    No new funds shall be expended to restructure social services in accordance with sections 7 through 15 of this act.  Any cost savings from elimination of the executive division of the department of social and health services and the elimination of duplicative functions of the department of corrections and the department of central support services which occurs as a result of this act shall be credited to the department of children, youth, and family services.

 

          NEW SECTION.  Sec. 17.    Sections 1 through 4 of this act shall expire June 1, 1990.

 

          NEW SECTION.  Sec. 18.    Nonlegislative members of the advisory committees shall be reimbursed for travel expenses for attending meetings of the committee as provided for in RCW 43.03.050 and 43.03.060.  Legislative members of the joint select committee shall be reimbursed for travel expenses for attending meetings of the committee as provided for in RCW 44.04.120.

 

          NEW SECTION.  Sec. 19.    The house of representatives and senate are authorized to each expend not more than seventy-five thousand dollars to carry out the provisions of this act.