AN ACT Relating to the abolition and transfer of the departments of wildlife and fisheries; amending RCW 43.17.010, 77.04.020, 77.04.030, and 77.04.055; adding a new section to chapter 43.30 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature declares that wildlife and fish are among the state's most valuable resources. The legislature finds that the effective and efficient management of these resources requires concerted agency action and consistent leadership and direction and that it is in the best interests of the state of Washington to transfer the departments of wildlife and fisheries into the department of natural resources.

Sec. 2. Section 1, chapter 10, Laws of 1979 as last amended by section 2, chapter 506, Laws of 1987 and RCW 43.17.010 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 fisheries, (6) the department of wildlife, (7)~~)) the department of transportation, ((~~(8)~~)) (6) the department of licensing, ((~~(9)~~)) (7) the department of general administration, ((~~(10)~~)) (8) the department of trade and economic development, ((~~(11)~~)) (9) the department of veterans affairs, ((~~(12)~~)) (10) the department of revenue, ((~~(13)~~)) (11) the department of retirement systems, ((~~(14)~~)) (12) the department of corrections, and ((~~(15)~~)) (13) the department of community development, 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.

NEW SECTION. Sec. 3. A new section is added to chapter 43.30 RCW to read as follows:

The department shall create a division within the department that will exercise the powers, duties, and functions of the department of wildlife and a division that will exercise the powers, duties, and functions of the department of fisheries.

NEW SECTION. Sec. 4. The department of wildlife is hereby abolished and its powers, duties, and functions are hereby transferred to the department of natural resources.

NEW SECTION. Sec. 5. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of wildlife shall be delivered to the custody of the department of natural resources. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of wildlife shall be made available to the department of natural resources. All funds, credits, or other assets held by the department of wildlife shall be assigned to the department of natural resources.

Any appropriations made to the department of wildlife shall, on the effective date of this section, be transferred and credited to the department of natural resources.

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. 6. All employees of the department of wildlife are transferred to the jurisdiction of the department of natural resources. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of natural resources 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. 7. All rules and all pending business before the department of wildlife shall be continued and acted upon by the department of natural resources. All existing contracts and obligations shall remain in full force and shall be performed by the department of natural resources.

NEW SECTION. Sec. 8. The transfer of the powers, duties, functions, and personnel of the department of wildlife shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 9. If apportionments of budgeted funds are required because of the transfers directed by sections 5 through 8 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. 10. Nothing contained in sections 4 through 9 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. 11. The department of fisheries is hereby abolished and its powers, duties, and functions are hereby transferred to the department of natural resources.

NEW SECTION. Sec. 12. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of fisheries shall be delivered to the custody of the department of natural resources. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of fisheries shall be made available to the department of natural resources. All funds, credits, or other assets held by the department of fisheries shall be assigned to the department of natural resources.

Any appropriations made to the department of fisheries shall, on the effective date of this section, be transferred and credited to the department of natural resources.

NEW SECTION. Sec. 13. All employees of the department of fisheries are transferred to the jurisdiction of the department of natural resources. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of natural resources 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. 14. All rules and all pending business before the department of fisheries shall be continued and acted upon by the department of natural resources. All existing contracts and obligations shall remain in full force and shall be performed by the department of natural resources.

NEW SECTION. Sec. 15. The transfer of the powers, duties, functions, and personnel of the department of fisheries shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 16. If apportionments of budgeted funds are required because of the transfers directed by sections 12 through 15 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. 17. Nothing contained in sections 11 through 16 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.

Sec. 18. Section 77.04.020, chapter 36, Laws of 1955 as last amended by section 4, chapter 506, Laws of 1987 and RCW 77.04.020 are each amended to read as follows:

The ((~~department~~)) division of wildlife consists of the state wildlife commission and the ((~~director~~)) manager of the division of wildlife. The ((~~director~~)) commissioner of public lands is responsible for the administration and operation of the ((~~department~~)) division, subject to the provisions of this title. The commission may delegate to the ((~~director~~)) commissioner of public lands additional duties and powers necessary and appropriate to carry out this title. The ((~~director~~)) commissioner shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed pursuant to RCW 77.04.055.

Sec. 19. Section 77.04.030, chapter 36, Laws of 1955 as last amended by section 5, chapter 506, Laws of 1987 and RCW 77.04.030 are each amended to read as follows:

The state wildlife commission consists of six registered voters of the state. In January of each odd-numbered year, the ((~~governor~~)) commissioner of public lands shall appoint ((~~with the advice and consent of the senate~~)) two registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the ((~~governor~~)) commissioner shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department of natural resources in Olympia.

Sec. 20. Section 7, chapter 506, Laws of 1987 and RCW 77.04.055 are each amended to read as follows:

(1) In addition to any other duties and responsibilities, the commission shall establish, and periodically review with the ((~~governor~~)) commissioner of public lands and the legislature, the ((~~department's~~)) division of wildlife's basic goals and objectives to preserve, protect, and perpetuate wildlife and wildlife habitat. The commission shall maximize hunting and fishing recreational opportunities.

(2) ((By November 1, 1987, the department shall prepare and submit to the office of financial management the comprehensive and detailed departmental analyses and management plans specified in subsection (3) of this section. The governor shall submit a spending plan to the appropriate legislative committees by December 31, 1987.

~~(3) The comprehensive and detailed analyses and management plans shall include, but not be limited to:~~

(a) An analysis of each unique functional element, prioritized within each of the subprograms of the department, as to the element's purpose and role in the subprogram or agency mission, together with expenditures and staffing as of February 28, 1987, and a separate analysis, prioritized within the subprogram, of any revision in expenditure and staffing above the element's level as of February 28, 1987. However, any revision in expenditure or staffing will require specific justification, particularly as to fund source for the expenditure;

~~(b) An analysis of all hunting and fishing licenses and tags, stamps, or permits issued and the effect of increases or reductions of these fees;~~

~~(c) An analysis of the agency's management, organization, and productivity and a detailed plan for any revisions or improvements, if required;~~

~~(d) An analysis of the land management practices on department-owned and managed lands and a detailed plan for any improvements; and~~

~~(e) An analysis of the department's relationship with landowners, including wildlife damage to agricultural crops and a detailed plan for any improvements.~~

(4) The governor may also direct the use of personnel from the office of financial management and other state agencies to assist and participate as the governor deems necessary in any or all parts of the analyses or plans required in this section.

~~(5) The director of financial management shall inform the house of representatives and the senate bimonthly of the progress of the analyses and plans required in subsection (2) of this section.~~

(6) The analyses and plans, together with any supporting data, shall be made available to the natural resources and ways and means committees of the senate and house of representatives upon receipt by the office of financial management.

~~(7)~~)) The wildlife commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy wildlife.

(((8) The commission shall prepare and submit to the governor and appropriate legislative committees by October 1, 1988, an analysis of the state's wildlife and wildlife recreation needs, looking at innovative management methods and alternatives to increased agency revenues, and make recommendations as to how those needs could be addressed.

~~(9)~~)) (3) By June 30, 1989, the wildlife commission shall prepare a recommendation determining the fees that shall be charged for hunting and fishing licenses. Prior to preparing any recommendations, the commission shall hold state-wide hearings to learn concerns of all citizens. The commission shall consider the needs of low-income citizens, veterans of the armed services, the disabled, senior citizens, and juveniles. If the commission recommends a change in the license fees or residency requirements, the commission shall report to the legislature at its next regular session, the reasons for recommending the change.