S-3923.1  _______________________________________________

                         SENATE BILL 6607

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Hargrove and Fairley

Read first time 01/20/2000.  Referred to Committee on Human Services & Corrections.

Allowing a writ of mandate when the department of social and health services fails to perform specified duties.

    AN ACT Relating to assuring accountability in delivery of human services; adding new sections to chapter 7.16 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature intends to provide additional accountability and efficiencies in the delivery of social, economic, and treatment services by clarifying the ability of legislators to require the mandated delivery of such services by the department of social and health services.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.16 RCW to read as follows:

    For the purposes of this section and section 3 of this act, the following definitions apply:

    (1) "Human services" means those programs and services, operated or funded by the department, that are designed to:  (a) Address one or more of the factors set forth in RCW 70.190.130(1)(h), other than the provision of basic education; (b) provide basic economic or social services to qualifying individuals; or (c) provide medical diagnostic or treatment services to individuals.

    (2) "Department" means the department of social and health services.

NEW SECTION. Sec. 3.  A new section is added to chapter 7.16 RCW to read as follows:

    (1)(a) A writ of mandate is an available remedy and may be issued in cases when the department fails to provide a statutorily mandated report to the legislature at the date the report is due.

    (b) A writ of mandate is an available remedy and may be issued in cases when the department fails to meet a statutory mandate or does not implement a statute that requires performance of duties on the part of the department.

    (2) For purposes of this section, a legislator is a party of interest and has standing to seek the writ in his or her capacity as a legislator.

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