BILL REQ. #:  S-1579.1 

Read first time 02/21/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to consolidating the department of archaeology and historic preservation into the office of lieutenant governor; amending RCW 43.17.010, 43.17.020, and 43.334.020; adding a new section to chapter 43.15 RCW; adding new sections to chapter 43.334 RCW; creating a new section; repealing RCW 43.334.030, 43.334.040, 43.334.050, and 43.334.900; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.15 RCW to read as follows:
     (1) On July 1, 2012, all powers, duties, and functions of the department of archaeology and historic preservation are transferred to the office of lieutenant governor.
     (2) On July 1, 2012, all department of archaeology and historic preservation employees are transferred to and become employees of the office of lieutenant governor.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.334 RCW to read as follows:
     (1) The office of archaeology and historic preservation is created within the office of lieutenant governor.
     (2) The office of archaeology and historic preservation within the office of lieutenant governor assumes all powers, duties, and functions of the department of archaeology and historic preservation.
     (3) All department of archaeology and historic preservation personnel are employed, supervised, and controlled by the office of lieutenant governor.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.334 RCW to read as follows:
     (1) The department of archaeology and historic preservation is hereby abolished and its powers, duties, and functions are hereby transferred to the office of lieutenant governor. All references to the director or the department of archaeology and historic preservation in the Revised Code of Washington shall be construed to mean the director or the office of lieutenant governor.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of archaeology and historic preservation shall be delivered to the custody of the office of lieutenant governor. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of archaeology and historic preservation shall be made available to the office of lieutenant governor. All funds, credits, or other assets held by the department of archaeology and historic preservation shall be assigned to the office of lieutenant governor.
     (b) Any appropriations made to the department of archaeology and historic preservation shall, on the effective date of this section, be transferred and credited to the office of lieutenant governor.
     (c) If 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.
     (3) All employees of the department of archaeology and historic preservation are transferred to the jurisdiction of the office of lieutenant governor. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of lieutenant 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.
     (4) All rules and all pending business before the department of archaeology and historic preservation shall be continued and acted upon by the office of lieutenant governor. All existing contracts and obligations shall remain in full force and shall be performed by the office of lieutenant governor.
     (5) The transfer of the powers, duties, functions, and personnel of the department of archaeology and historic preservation shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, 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.
     (7) Nothing contained in this section 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 resources board as provided by law.

NEW SECTION.  Sec. 4   (1) The office of lieutenant governor must:
     (a) Establish a transition plan for the orderly implementation of this act, including: Addressing personnel issues relating to the transfer and facilitating the transfer of powers, duties, and functions, property and equipment, records, contracts, and funding from the department of archaeology and historic preservation to the office of lieutenant governor. The office of lieutenant governor must consult with the department of archaeology and historic preservation, the department of personnel, and the office of financial management in developing the transition plan; and
     (b) Present recommendations to the legislature, in the form of draft legislation, regarding any further statutory changes necessary to implement this act.
     (2) The transition plan and recommendations required by subsection (1) of this section must be presented to the appropriate committees of the legislature by November 1, 2011.

Sec. 5   RCW 43.17.010 and 2009 c 565 s 25 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 fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) ((the department of archaeology and historic preservation, (17))) the department of early learning, and (((18))) (17) the Puget Sound partnership, 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.

Sec. 6   RCW 43.17.020 and 2009 c 565 s 26 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) ((the director of the department of archaeology and historic preservation, (17))) the director of early learning, and (((18))) (17) the executive director of the Puget Sound partnership.
     Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

Sec. 7   RCW 43.334.020 and 2005 c 333 s 2 are each amended to read as follows:
     The executive head ((and appointing authority)) of the ((department)) office of archaeology and historic preservation within the office of lieutenant governor is the director. The director shall serve as the state historic preservation officer, and shall have a background in program administration, an active involvement in historic preservation, and a knowledge of the national, state, and local preservation programs as they affect the state of Washington. The director shall be appointed by the governor((, with the consent of the senate, and serves at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate)) from among a list of candidates provided by the lieutenant governor, and serves at the pleasure of the lieutenant governor.

NEW SECTION.  Sec. 8   Sections 1 through 3 of this act take effect July 1, 2012.

NEW SECTION.  Sec. 9   The following acts or parts of acts are each repealed:
     (1) RCW 43.334.030 (Director powers and duties) and 2005 c 333 s 3;
     (2) RCW 43.334.040 (Departmental divisions) and 2005 c 333 s 4;
     (3) RCW 43.334.050 (Deputy director--Department personnel director--Assistant directors) and 2005 c 333 s 5; and
     (4) RCW 43.334.900 (Transfer of powers, duties, and functions) and 2005 c 333 s 12.