1236-S AMH HANS BURK 3 [3]

SHB 1236 - H AMD 000242 WITHDRAWN 3-16-93

By Representative Hansen

On page 1, after line 4, strike the remainder of the bill and insert:

"NEW SECTION. Sec. 1. The state of Washington, having an abundance of natural resources, has the responsibility to its citizens to manage, maintain, and develop its water resources. In order to facilitate the carrying out of this responsibility, all water rights law should be managed by an independent agency, the department of natural resources. Therefore, public policy is established transferring the administration of all water rights laws to the department of natural resources.

NEW SECTION. Sec. 2. A new section is added to chapter 43.30 RCW to read as follows:

All powers, duties, and functions of the department of ecology pertaining to water rights under chapters 90.03, 90.08, 90.14, 90.16, 90.22, 90.24, 90.28, 90.36, 90.38, 90.40, 90.42, 90.44, 90.46, 90.54, and 90.66 RCW are transferred to the department of natural resources. All references to the director or department of ecology in the Revised Code of Washington shall be construed to mean the commissioner or department of natural resources when referring to the functions transferred in this section.

NEW SECTION. Sec. 3. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology pertaining to the powers, functions, and duties transferred 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 ecology in carrying out the powers, functions, and duties transferred shall be made available to the department of natural resources. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of natural resources.

Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred 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. 4. All employees of the department of ecology engaged in performing the powers, functions, and duties transferred 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. 5 All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred 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. 6. The transfer of the powers, duties, functions, and personnel of the department of ecology shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 7. If apportionments of budgeted funds are required because of the transfers directed by sections 3 through 6 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. 8. Nothing contained in sections 2 through 7 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. 9. A new section is added to chapter 90.03 RCW to read as follows: