AN ACT Relating to legislative reorganization; amending RCW 44.28.050, 44.28.080, 44.28.085, 44.28.140, 44.40.020, 44.40.040, 44.44.010, 44.44.030, 44.48.050, 44.48.070, 44.48.090, 44.48.120, 28A.61.030, 28B.16.112, 39.29.010, 41.06.070, 41.06.163, 41.06.167, 43.09.310, 43.10.067, 43.79.270, 43.79.280, 43.88.020, 43.88.230, 43.88.310, 43.88A.030, 43.132.040, 43.132.050, 44.40.025, 74.04.630, 82.01.135, 1.08.007, 1.08.013, 1.08.025, 1.08.027, 1.08.028, 1.08.0392, and 1.08.100; amending section 34, chapter 143, Laws of 1981 (uncodified); creating a new chapter in Title 44 RCW; creating new sections; repealing RCW 1.08.011; making an appropriation; declaring an emergency; and providing effective dates.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Council" means the joint legislative coordinating council created by this chapter.

(2) "Director" or "director of joint services" means the executive officer of the council as established in RCW 44.24.050.

NEW SECTION. Sec. 2. (1) There is created a joint legislative coordinating council consisting of seven members of the senate appointed by the majority leader of the senate and seven members of the house of representatives appointed by the speaker of the house of representatives. Not more than four members from each house shall be from the same political party. The initial members shall be appointed before the adjournment of the 1985 regular session of the legislature and shall serve until appointments are made in 1986. Beginning in 1986 and thereafter, the appointments shall be made before the adjournment of the regular session of the legislature held in an odd-numbered year. Senate members are subject to confirmation by the senate and the house members are subject to confirmation by the house of representatives.

(2) Beginning in 1986, the term of office of the members of the council who continue to be members of the legislature shall be from the adjournment of the session in which they were appointed until the adjournment of the next regular session of the legislature held in an odd-numbered year. The term of office of a committee member who is not reelected to the senate or house of representatives shall cease upon the convening of the next regular session of the legislature. Vacancies on the committee shall be filled by appointment in the manner provided for original appointments. Appointments to fill vacancies made when the legislature is not in session need not be confirmed until the next legislative session. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

(3) The speaker of the house of representatives shall appoint the initial chairman of the joint legislative coordinating council. The initial chairman shall serve until the close of the 1986 regular session of the legislature. Succeeding chairmen shall be appointed alternately by the majority leader of the senate and the speaker of the house of representatives and shall serve two-year terms. The council has the power to appoint its own vice chairman and other officers.

NEW SECTION. Sec. 3. The council shall have the following powers and duties:

(1) To provide the staff and other administrative support for the joint administrative rules review committee created under chapter 34.04 RCW, the legislative budget committee created under chapter 44.28 RCW, the legislative evaluation and accountability program committee created under chapter 44.48 RCW, the legislative transportation committee created under chapter 44.40 RCW, the office of the state actuary created under chapter 44.44 RCW, the statute law committee created under chapter 1.08 RCW, and each joint committee of the legislature created by statute;

(2) To examine and study the administrative organization and procedures of the state government, its offices, boards, committees, commissions, institutions, and other state agencies and to make recommendations, where found advisable, directed to the elimination of unnecessary overlapping or duplication of functions, procedures, and expenditures, and to the promotion of economy and efficiency in state government;

(3) To make such other studies and examinations of the state government and its state agencies as it may find advisable and to hear complaints, hold hearings, gather information, and make findings of fact with respect thereto: PROVIDED, That no investigation shall be had or public hearing be held without prior approval of two-thirds of the membership of the council: PROVIDED FURTHER, That any investigation or hearing once commenced may be terminated by a majority vote of the council;

(4) To receive messages and reports in person or in writing from the governor or any other state officials and to attend generally to any and all business addressed to or affecting the legislature during the interim between regular legislative sessions;

(5) To make reports from time to time to the members of the legislature and to the public with respect to any of its findings or recommendations. The council shall keep complete minutes of its meetings. The council shall make and distribute its biennial report to the members of the ensuing legislature at least ten days prior to the convening of the legislature in regular session during an odd-numbered year;

(6) To cooperate, act, and function with similar councils or committees of other states, with the council of state governments, and with other interstate research organizations; and

(7) To make its own rules governing the conduct of its business not otherwise prescribed in this chapter.

NEW SECTION. Sec. 4. In the discharge of any duty herein imposed, the council shall have the authority to examine and inspect all files, records and accounts of any state office, department, institution, board, commission, or agency, and to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the superior courts. In case of disobedience on the part of any person to comply with any subpoena issued in behalf of the council, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the council, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. Each witness who appears before the state legislative council by its order, other than a state official or employee, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers signed by such witness and approved by the director and the chairman of the council.

NEW SECTION. Sec. 5. (1) The council shall appoint an officer to be known as the director of joint services. The director shall be the executive officer of the council and assist in its duties and shall compile information for the council. The director shall serve at the pleasure of the council. The council may select and employ such other clerical, legal, accounting, research, and other assistants as it may deem desirable, whose compensation and salaries shall be fixed by the council.

(2) The director shall manage the operations of the staff on the behalf of the council and the various committees served by the council. The administrative services provided the council and the committees shall be organized as follows: (a) Administration, planning, and management services; (b) performance auditing; (c) fiscal information services; and (d) legal services.

NEW SECTION. Sec. 6. The members of the council shall be reimbursed for their expenses incurred while attending sessions of the council or meetings of any committees staffed by the council or while engaged on other council business authorized by the council in accordance with the provisions of RCW 44.04.120. All expenses incurred by the council, including salaries of employees, shall be paid upon voucher forms as provided by the director of financial management and signed by the chairman or vice chairman of the council and attested by the secretary of said council, or by an alternate for the secretary who shall be a member of and selected by the executive committee, and the authority of said chairman and secretary to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon such funds appropriated generally by the legislature for legislative expenses as are authorized by the house and senate or upon any special appropriation which may be provided by the legislature for the expenses of the council.

Sec. 7. Section 15, chapter 43, Laws of 1951 as amended by section 7, chapter 206, Laws of 1955 and RCW 44.28.050 are each amended to read as follows:

All expenses incurred by the committee((~~, including salaries and expenses of employees,~~)) shall be paid upon voucher forms as provided by the ((~~auditor and~~)) director of joint services appointed under section 5 of this act. The forms shall be signed by the chairman or vice chairman of the committee and attested by the secretary of said committee, and the authority of said chairman and secretary to sign vouchers shall continue until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated generally by the legislature for legislative expenses as authorized by the house and senate or upon any special appropriation which may be provided by the legislature for the expenses of the committee or both.

Sec. 8. Section 4, chapter 43, Laws of 1951 as last amended by section 14, chapter 293, Laws of 1975 1st ex. sess. and RCW 44.28.080 are each amended to read as follows:

The committee shall have the following powers:

(1) To make examinations and reports concerning whether or not ((~~appropriations are being expended for the purposes and within the statutory restrictions provided by the legislature; concerning the economic outlook and estimates of revenue to meet expenditures~~)) a continuing public need exists for a program or agency; whether existing statutes for a program or agency adequately define legislative intent and the policies for satisfying a public need; whether a program serves the public need as intended; and concerning the organization and operation of procedures necessary or desirable to promote economy, efficiency, and effectiveness in state government, its officers, boards, committees, commissions, institutions, and other state agencies, and to make recommendations and reports to the legislature.

(2) To make such other studies and examinations of economy, efficiency, and effectiveness of state government and its state agencies as it may find advisable, and to hear complaints, hold hearings, gather information, and make findings of fact with respect thereto.

(3) ((~~The committee shall have the power~~)) To receive messages and reports in person or in writing from the governor or any other state officials and to study generally any and all business relating to economy, efficiency, and effectiveness in state government and state agencies.

Sec. 9. Section 3, chapter 170, Laws of 1971 ex. sess. as amended by section 15, chapter 293, Laws of 1975 1st ex. sess. and RCW 44.28.085 are each amended to read as follows:

The legislative budget committee shall make management surveys and program reviews as to every public body, officer, or employee subject to the provisions of RCW 43.09.290 through 43.09.340. The legislative budget committee may also make management surveys and program reviews of local school districts, intermediate school districts, and other units of local government receiving state funds as grants-in-aid or as shared revenues. Management surveys for the purposes of this section shall be an independent examination for the purpose of providing the legislature with an evaluation and report of the manner in which any public agency, officer, administrator, or employee has discharged the responsibility to faithfully, efficiently, and effectively administer any legislative purpose of the state. Program reviews for the purpose of this section shall be an examination of state or local government programs to ascertain whether or not such programs continue to serve their intended purposes, are conducted in an efficient and effective manner, or require modification or elimination: PROVIDED, That nothing in this section shall limit the power or duty of the state auditor to report to the legislature as directed by subsection (3) of RCW 43.88.160 as now or hereafter amended. The authority in this section conferred excludes a like authority in the state auditor.

((The legislative budget committee shall receive a copy of each report of examination issued by the state auditor under RCW 43.09.310, shall review all such reports, and shall make such recommendations to the legislature and to the state auditor as it deems appropriate.))

Sec. 10. Section 11, chapter 43, Laws of 1951 as last amended by section 17, chapter 293, Laws of 1975 1st ex. sess. and RCW 44.28.140 are each amended to read as follows:

The committee ((is hereby authorized and empowered to appoint an officer to be known as the legislative auditor, and to fix his compensation, who shall be the executive officer of the committee and assist in its duties and shall compile information for the committee. The committee is hereby authorized and empowered to select and employ other clerical, legal, accounting, research and other personnel that it may deem desirable in the performance of its duties, and the compensation and salaries shall be fixed by the legislative budget committee.

~~The duties of the legislative auditor~~)) shall receive its administrative support and services from the joint legislative coordinating council created under section 2 of this act. In this regard, the duties of the council's director of joint services shall be as follows:

(1) To ascertain the facts and make recommendations to the committee and under their direction to the committees of the state legislature concerning

(a) revenues and expenditures of the state; and

(b) the organization and functions of the state, its departments, subdivisions, and agencies.

(2) To assist the several standing committees of the house and senate in consideration of legislation affecting state departments and their efficiency; to appear before other legislative committees; and to assist any other legislative committee upon instruction by the legislative budget committee.

(3) To provide the legislature with information obtained under the direction of the legislative budget committee.

(4) To maintain a record of all work performed by the ((~~legislative auditor~~)) director of joint services under the direction of the legislative budget committee and to keep and make available all documents, data and reports submitted to him by any legislative committee.

Sec. 11. Section 36, chapter 3, Laws of 1963 ex. sess. as last amended by section 5, chapter 235, Laws of 1977 ex. sess. and RCW 44.40.020 are each amended to read as follows:

(1) The committee is authorized and directed to continue its studies and for that purpose shall, except as provided in subsection (2) of this section, have the powers set forth in chapter 111, Laws of 1947. The committee is further authorized to make studies related to bills assigned to the house and senate transportation committees and such other studies as provided by law. The executive committee of the committee may assign responsibility for all or part of the conduct of studies to the house and/or senate transportation committees.

(2) The committee shall receive its administrative support and services exclusively from the joint legislative coordinating council created under section 2 of this act.

Sec. 12. Section 39, chapter 3, Laws of 1963 ex. sess. as last amended by section 157, chapter 151, Laws of 1979 and RCW 44.40.040 are each amended to read as follows:

The members of the legislative transportation committee and the house and senate transportation committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120 as now or hereafter amended. All expenses incurred by the committee, and the house and senate transportation committees((~~, including salaries of employees of the legislative transportation committee,~~)) shall be paid upon voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.

Sec. 13. Section 19, chapter 105, Laws of 1975-'76 2nd ex. sess. and RCW 44.44.010 are each amended to read as follows:

(1) There is hereby created an office within the legislative branch to be known as the office of the state actuary.

(2) The executive head of the office shall be the state actuary who shall be qualified by education and experience in the field of actuarial science and shall be a member of the American Academy of Actuaries. Such person shall be appointed by ((a special committee of the legislature consisting of: (a) Three members of the senate selected by the president, two of whom shall be members of the majority party and one of whom shall be a member of the minority party; and (b) three members of the house of representatives selected by the speaker, two of whom shall be members of the majority party and one of whom shall be a member of the minority party)) the joint legislative coordinating council created under section 2 of this act. The original appointment shall be made not later than ninety days after March 19, 1976. A two-thirds vote of the committee shall be required to make the appointment.

(3) If a vacancy occurs in the position of state actuary it shall be filled in the same manner as the original appointment.

Sec. 14. Section 21, chapter 105, Laws of 1975-'76 2nd ex. sess. and RCW 44.44.030 are each amended to read as follows:

The state actuary shall ((have the authority to select and employ such research, technical, clerical personnel, and consultants as the actuary deems necessary, whose salaries shall be fixed by the actuary and approved by the committee of legislators referred to in RCW 44.44.010, and who)) receive administrative support and services from the joint legislative coordinating council's director of joint services. The actuary shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

Sec. 15. Section 5, chapter 373, Laws of 1977 ex. sess. and RCW 44.48.050 are each amended to read as follows:

All expenses incurred by the committee((~~, including salaries and expenses of employees,~~)) shall be paid upon voucher forms as provided by the ((~~administrator and~~)) director of joint services appointed under section 5 of this act. The forms shall be signed by the chairman or vice chairman of the committee and attested by the secretary of said committee, and the authority of said chairman and secretary to sign vouchers shall continue until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated by law for the committee: PROVIDED, That the senate and the house may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.

Sec. 16. Section 7, chapter 373, Laws of 1977 ex. sess. and RCW 44.48.070 are each amended to read as follows:

The committee shall acquire a data processing service capability under the exclusive jurisdiction and control of the legislature acting through the committee and ((~~its administrator~~)) the director of joint services appointed under section 5 of this act, for the purpose of providing the legislature and its staff with the type of information required for in-depth analysis and monitoring of state agency expenditures, budgets, and related fiscal matters. The legislative evaluation and accountability program established in this section may be referred to in this chapter as the LEAP administration.

Sec. 17. Section 9, chapter 373, Laws of 1977 ex. sess. as amended by section 158, chapter 151, Laws of 1979 and RCW 44.48.090 are each amended to read as follows:

The committee shall have the following powers:

(1) To have timely access, upon written request of the ((~~administrator~~)) director of joint services appointed under section 5 of this act, to all machine readable, printed, and other data of state agencies relative to expenditures, budgets, and related fiscal matters;

(2) To suggest changes relative to state accounting and reporting systems to the office of financial management or its successor and to require timely written responses to such suggestions; ((~~and~~))

(3) To enter into contracts; and when entering into any contract for computer access, make necessary provisions relative to the scheduling of computer time and usage in recognition of the unique requirements and priorities of the legislative process;

(4) To prepare and review revenue forecasts;

(5) To make examinations and reports concerning whether or not appropriations are being expended for the purposes and within the restrictions provided by the legislature;

(6) To receive a copy of each examination issued by the state auditor under RCW 43.09.310, review such reports, and make recommendations to the legislature and the state auditor; and

(7) To perform such other duties and exercise such authorities as are otherwise provided by state law.

Sec. 18. Section 12, chapter 373, Laws of 1977 ex. sess. and RCW 44.48.120 are each amended to read as follows:

The committee ((is hereby authorized and empowered to appoint an officer to be known as the LEAP administrator who shall be the executive officer of the committee and assist in its duties and shall compile information for the committee.

~~The committee is hereby authorized and empowered to select and employ temporary and permanent personnel and fix their salaries.~~

~~The duties of the administrator~~)) shall receive its administrative support and services from the joint legislative coordinating council created under section 2 of this act. In this regard, the duties of the council's director of joint services shall be as follows:

(1) To manage the LEAP operations.

(2) To assist the several standing committees of the house and senate; to appear before other legislative committees; and to assist any other legislative committee upon instruction by the committee.

(3) To provide the legislature with information obtained under the direction of the committee.

(4) To maintain a record of all work performed by the administrator under the direction of the committee and to keep and make available all documents, data, and reports submitted to the administrator by any legislative committee.

NEW SECTION. Sec. 19. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the committees and offices enumerated in section 3 of this act shall be delivered to the custody of the joint legislative coordinating council. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by such committees and offices shall be made available to the council. All funds, credits, or other assets held by such committees and offices shall be assigned to the council.

Any appropriations made to such committees and offices shall, on the effective date of this section, be transferred and credited to the council.

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. 20. All rules and all pending business before the committees and offices enumerated in section 3 of this act shall be continued and acted upon by the joint legislative coordinating council. All existing contracts and obligations shall remain in full force and shall be performed by the council.

NEW SECTION. Sec. 21. If apportionments of budgeted funds are required because of the transfers directed by section 19 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.

Sec. 22. Section 28A.61.030, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 187, Laws of 1983 and RCW 28A.61.030 are each amended to read as follows:

The school directors' association shall have the power:

(1) To prepare and adopt, amend and repeal a constitution and rules and regulations, and bylaws for its own organization including county or regional units and for its government and guidance: PROVIDED, That action taken with respect thereto is consistent with the provisions of this chapter or with other provisions of law;

(2) To arrange for and call such meetings of the association or of the officers and committees thereof as are deemed essential to the performance of its duties;

(3) To provide for the payment of travel and subsistence expenses incurred by members and/or officers of the association and association staff while engaged in the performance of duties under direction of the association in the manner provided by RCW 28A.58.310;

(4) To employ an executive secretary and other staff and pay such employees out of the funds of the association;

(5) To conduct studies and disseminate information therefrom relative to increased efficiency in local school board administration;

(6) To buy, sell or exchange such personal and real property as necessary for the efficient operation of the association;

(7) To purchase liability insurance for school directors, which insurance may indemnify said directors against any or all liabilities for personal or bodily injuries and property damage arising from their acts or omissions while performing or while in good faith purporting to perform their official duties as school directors;

(8) Upon request by a local school district board(s) of directors, to make available on a cost reimbursable contract basis (a) specialized services, (b) research information, and (c) consultants to advise and assist district board(s) in particular problem areas: PROVIDED, That such services, information, and consultants are not already available from other state agencies, educational service districts, or from the information and research services authorized by RCW 28A.58.530: PROVIDED FURTHER, That any such contract shall be filed with the office of financial management and the legislative ((~~budget~~)) evaluation and accountability program committee prior to the date any work commences under any such contract.

Sec. 23. Section 11, chapter 152, Laws of 1977 ex. sess. as amended by section 17, chapter 151, Laws of 1979 and RCW 28B.16.112 are each amended to read as follows:

(1) In the conduct of salary and fringe benefit surveys under RCW 28B.16.110 as now or hereafter amended, it is the intention of the legislature that the surveys be undertaken in a manner consistent with statistically accurate sampling techniques. For this purpose, a comprehensive salary and fringe benefit survey plan shall be submitted to the director of financial management, employee organizations, the standing committees for appropriations in the senate and house of representatives, and to the legislative ((~~budget~~)) evaluation and accountability program committee six months before the beginning of each periodic survey required before regular legislative sessions. This comprehensive plan shall include but not be limited to the following:

(a) A complete explanation of the technical, statistical process to be used in the salary and fringe benefit survey including the percentage of accuracy expected from the planned statistical sample chosen for the survey and a definition of the term "prevailing rates" which is to be used in the planned survey;

(b) A comprehensive salary and fringe benefit survey model based on scientific statistical principles which:

(i) Encompasses the interrelationships among the various elements of the survey sample including sources of salary and fringe benefit data by organization type, size, and regional location;

(ii) Is representative of private and public employment in this state;

(iii) Ensures that, wherever practical, data from smaller, private firms are included and proportionally weighted in the survey sample; and

(iv) Indicates the methodology to be used in application of survey data to job classes used by state government;

(c) A prediction of the increase or decrease in total funding requirements expected to result from the pending salary and fringe benefit survey based on consumer price index information and other available trend data pertaining to Washington state salaries and fringe benefits.

(2) Every comprehensive survey plan shall fully consider fringe benefits as an element of compensation in addition to basic salary data. The plans prepared under this section shall be developed jointly by the higher education personnel board in conjunction with the department of personnel established under chapter 41.06 RCW. All comprehensive salary and fringe benefit survey plans shall be submitted on a joint signature basis by the higher education personnel board and the department of personnel. The legislative ((~~budget~~)) evaluation and accountability program committee shall review and evaluate all survey plans before final implementation.

(3) Interim or special surveys conducted under RCW 28B.16.110 as now or hereafter amended shall conform when possible to the statistical techniques and principles developed for regular periodic surveys under this section.

(4) The term "fringe benefits" as used in this section and in conjunction with salary surveys shall include but not be limited to compensation for:

(a) Leave time, including vacation, holiday, civil, and personal leave;

(b) Employer retirement contributions;

(c) Health and insurance payments, including life, accident, and health insurance, workmen's compensation, and sick leave; and

(d) Stock options, bonuses, and purchase discounts where appropriate.

Sec. 24. Section 1, chapter 191, Laws of 1974 ex. sess. as last amended by section 3, chapter 61, Laws of 1979 ex. sess. and RCW 39.29.010 are each amended to read as follows:

All personal service contracts, including renewals and amendments of existing contracts, entered into by any state officer or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, and educational, correctional and other types of institutions, shall be filed with the office of financial management and the legislative ((~~budget~~)) evaluation and accountability program committee at least ten days prior to the date any work commences under such contracts regardless of the source of funds. The director of financial management may exempt on a limited basis specific classes of personal service contracts involving activities of the executive and judicial branches after preparation of documented justification and consultation with the legislative ((~~budget~~)) evaluation and accountability program committee: PROVIDED, That approval of the exemption is granted prior to commencement of the contract work.

In special emergency cases when work commencement is clearly a major and overriding factor and immediate contract action is mandatory, filing may be delayed for personal service contracts involving executive and judicial branches by the director of financial management after consultation with the legislative auditor: PROVIDED, That such filing shall be made prior to commencement of the contract work with documented justification for the filing delay.

Standing and other committees of the legislature and officers or employees of the legislative branch shall file personal service contracts with the legislative ((~~budget~~)) evaluation and accountability program committee and the office of financial management in accordance with the ten day time limitation set forth in this section. Requests by legislative committees or personnel for either exemptions or delays in filing individual personal service contracts shall be forwarded to the legislative ((~~budget~~)) evaluation and accountability program committee for review and maintenance of a central control file for use in preparation of summary reports on personal service contracts as directed by the legislature. Filing of personal service contracts delayed for emergency purposes shall be made not more than five days after commencement of the contract work involved.

Sec. 25. Section 1, chapter 11, Laws of 1972 ex. sess. as last amended by section 2, chapter 210, Laws of 1984 and RCW 41.06.070 are each amended to read as follows:

The provisions of this chapter do not apply to:

(1) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the joint legislative coordinating council((~~, legislative budget committee, statute law committee, and any interim committee of the legislature~~));

(2) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

(3) Officers, academic personnel, and employees of state institutions of higher education, the state board for community college education, and the higher education personnel board;

(4) The officers of the Washington state patrol;

(5) Elective officers of the state;

(6) The chief executive officer of each agency;

(7) In the departments of employment security, fisheries, social and health services, the director and his confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his confidential secretary, and his statutory assistant directors;

(8) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

(a) All members of such boards, commissions, or committees;

(b) If the members of the board, commission, or committee serve on a part time basis and there is a statutory executive officer: (i) The secretary of the board, commission, or committee; (ii) the chief executive officer of the board, commission, or committee; and (iii) the confidential secretary of the chief executive officer of the board, commission, or committee;

(c) If the members of the board, commission, or committee serve on a full time basis: (i) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (ii) a confidential secretary to the chairman of the board, commission, or committee;

(d) If all members of the board, commission, or committee serve ex officio: (i) The chief executive officer; and (ii) the confidential secretary of such chief executive officer;

(9) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

(10) Assistant attorneys general;

(11) Commissioned and enlisted personnel in the military service of the state;

(12) Inmate, student, part time, or temporary employees, and part time professional consultants, as defined by the state personnel board or the board having jurisdiction;

(13) The public printer or to any employees of or positions in the state printing plant;

(14) Officers and employees of the Washington state fruit commission;

(15) Officers and employees of the Washington state apple advertising commission;

(16) Officers and employees of the Washington state dairy products commission;

(17) Officers and employees of the Washington tree fruit research commission;

(18) Officers and employees of the Washington state beef commission;

(19) Officers and employees of any commission formed under the provisions of chapter 191, Laws of 1955, and chapter 15.66 RCW;

(20) Officers and employees of the state wheat commission formed under the provisions of chapter 87, Laws of 1961 (chapter 15.63 RCW);

(21) Officers and employees of agricultural commissions formed under the provisions of chapter 256, Laws of 1961 (chapter 15.65 RCW);

(22) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

(23) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules and regulations adopted by the state personnel board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

(24) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

(25) All employees of the marine employees' commission;

(26) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred seventy-five for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted pursuant to the provisions of this subsection, together with the reasons for such exemptions.

The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (10) through (22) of this section, shall be determined by the state personnel board.

Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary, within four years from the date of appointment to the exempt position. However, (a) upon the prior request of the appointing authority of the exempt position, the personnel board may approve one extension of no more than four years; and (b) if an appointment was accepted prior to July 10, 1982, then the four-year period shall begin on July 10, 1982.

Sec. 26. Section 3, chapter 152, Laws of 1977 ex. sess. as amended by section 59, chapter 151, Laws of 1979 and RCW 41.06.163 are each amended to read as follows:

(1) In the conduct of salary and fringe benefit surveys under RCW 41.06.160 ((~~as now or hereafter amended~~)), it is the intention of the legislature that the surveys be undertaken in a manner consistent with statistically accurate sampling techniques. For this purpose, a comprehensive salary and fringe benefit survey plan shall be submitted to the director of financial management, employee organizations, the standing committees for appropriations of the senate and house of representatives, and to the legislative ((~~budget~~)) evaluation and accountability program committee six months before the beginning of each periodic survey required before regular legislative sessions. This comprehensive plan shall include but not be limited to the following:

(b) A comprehensive salary and fringe benefit survey model based on scientific statistical principles which:

(i) Encompasses the interrelationships among the various elements of the survey sample including sources of salary and fringe benefit data by organization type, size, and regional location;

(ii) Is representative of private and public employment in this state;

(iii) Ensures that, wherever practical, data from smaller, private firms are included and proportionally weighted in the survey sample; and

(iv) Indicates the methodology to be used in application of survey data to job classes used by state government;

(2) Every comprehensive survey plan shall fully consider fringe benefits as an element of compensation in addition to basic salary data. The plans prepared under this section shall be developed jointly by the department of personnel in conjunction with the higher education personnel board established under chapter 28B.16 RCW. All comprehensive salary and fringe benefit survey plans shall be submitted on a joint signature basis by the department of personnel and the higher education personnel board. The legislative ((~~budget~~)) evaluation and accountability program committee shall review and evaluate all survey plans before final implementation.

(3) Interim or special surveys conducted under RCW 41.06.160 as now or hereafter amended shall conform when possible to the statistical techniques and principles developed for regular periodic surveys under this section.

(4) The term "fringe benefits" as used in this section and in conjunction with salary surveys shall include but not be limited to compensation for:

(a) Leave time, including vacation, holiday, civil, and personal leave;

(b) Employer retirement contributions;

(c) Health and insurance payments, including life, accident, and health insurance, workmen's compensation, and sick leave; and

(d) Stock options, bonuses, and purchase discounts where appropriate.

Sec. 27. Section 5, chapter 152, Laws of 1977 ex. sess. as last amended by section 2, chapter 11, Laws of 1980 and RCW 41.06.167 are each amended to read as follows:

The department of personnel shall undertake salary and fringe benefit surveys for officers of the Washington state patrol, with such surveys to be conducted at least in the year prior to the convening of each one hundred five day regular session of the state legislature. The results of each such survey shall be forwarded, after review and concurrence by the chief of the Washington state patrol, to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the department of personnel to the legislative ((~~budget~~)) evaluation and accountability program committee and the standing committees for appropriations of the senate and house of representatives. The office of financial management shall analyze the survey results and conduct investigations which may be necessary to arbitrate differences between interested parties regarding the accuracy of collected survey data and the use of such data for salary adjustment.

Surveys conducted by the department of personnel for the Washington state patrol shall be undertaken in a manner consistent with statistically accurate sampling techniques, including comparisons of weighted averages of salaries. This service performed by the department of personnel shall be on a reimbursable basis in accordance with the provisions of RCW 41.06.080 as now existing or hereafter amended.

A comprehensive salary and fringe benefits survey plan shall be submitted jointly by the department of personnel and the Washington state patrol to the director of financial management, the committee on ways and means of the senate, the committee on appropriations of the house of representatives and to the legislative ((~~budget~~)) evaluation and accountability program committee six months before the beginning of each periodic survey. The legislative ((~~budget~~)) evaluation and accountability program committee shall review and evaluate the survey plan before final implementation.

Sec. 28. Section 1, chapter 17, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 217, Laws of 1981 and RCW 43.09.310 are each amended to read as follows:

The state auditor, through the division of departmental audits, shall annually audit the state-wide combined financial statements prepared by the office of financial management and make post-audits of state agencies. Post-audits of state agencies shall be made at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include determinations as to the validity and accuracy of accounting methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post-audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, one to the attorney general, one to the state department audited, one to the legislative ((~~budget~~)) evaluation and accountability program committee, one each to the standing committees on ways and means of the house and senate, one to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the state auditor. For purposes of reporting the annual audit of state-wide combined financial statements, "state department audited" refers solely to the office of financial management.

Sec. 29. Section 43.10.067, chapter 8, Laws of 1965 as amended by section 1, chapter 268, Laws of 1981 and RCW 43.10.067 are each amended to read as follows:

No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney in any legal or quasi legal capacity in the exercise of any of the powers or performance of any of the duties specified by law to be performed by the attorney general, except where it is provided by law to be the duty of the judge of any court or the prosecuting attorney of any county to employ or appoint such persons: PROVIDED, That RCW 43.10.040, and RCW 43.10.065 through 43.10.080 shall not apply to the administration of the judicial council, the judicial qualifications commission, the state law library, the law school of the state university, or the administration of the state bar act by the Washington State Bar Association.

The ((~~authority~~)) authorities granted by chapter 1.08 RCW((~~, RCW 44.24.050, and RCW 44.28.140~~)) and Title 44 RCW shall not be affected hereby.

Sec. 30. Section 43.79.270, chapter 8, Laws of 1965 as amended by section 2, chapter 144, Laws of 1973 and RCW 43.79.270 are each amended to read as follows:

Whenever any money, from the federal government, or from other sources, which was not anticipated in the budget approved by the legislature has actually been received and is designated to be spent for a specific purpose, the head of any department, agency, board, or commission through which such expenditure shall be made is to submit to the governor a statement which may be in the form of a request for an allotment amendment setting forth the facts constituting the need for such expenditure and the estimated amount to be expended: PROVIDED, That no expenditure shall be made in excess of the actual amount received, and no money shall be expended for any purpose except the specific purpose for which it was received. A copy of any proposal submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based on the receipt of unanticipated revenues shall be submitted to the legislative ((~~budget~~)) evaluation and accountability program committee and also to the standing committees on ways and means of the house and senate if the legislature is in session at the same time as it is transmitted to the governor.

Sec. 31. Section 43.79.280, chapter 8, Laws of 1965 as amended by section 3, chapter 144, Laws of 1973 and RCW 43.79.280 are each amended to read as follows:

If the governor approves such estimate in whole or part, he shall endorse on each copy of the statement his approval, together with a statement of the amount approved in the form of an allotment amendment, and transmit one copy to the head of the department, agency, board, or commission authorizing the expenditure. An identical copy of the governor's statement of approval and a statement of the amount approved for expenditure shall be transmitted simultaneously to the legislative ((~~budget~~)) evaluation and accountability program committee and also to the standing committee on ways and means of the house and senate of all executive approvals of proposals to expend money in excess of appropriations provided by law.

Sec. 32. Section 1, chapter 36, Laws of 1982 1st ex. sess. as amended by section 6, chapter 138, Laws of 1984 and RCW 43.88.020 are each amended to read as follows:

(1) "Budget" shall mean a proposed plan of expenditures for a given period or purpose and the proposed means for financing these expenditures.

(2) "Budget document" shall mean a formal, written statement offered by the governor to the legislature, as provided in RCW 43.88.030.

(3) "Director of financial management" shall mean the official appointed by the governor to serve at the governor's pleasure and to whom the governor may delegate necessary authority to carry out the governor's duties as provided in this chapter. The director of financial management shall be head of the office of financial management which shall be in the office of the governor.

(4) "Agency" shall mean and include every state office, officer, each institution, whether educational, correctional or other, and every department, division, board and commission, except as otherwise provided in this chapter.

(5) "Public funds", for purposes of this chapter, shall mean all moneys, including cash, checks, bills, notes, drafts, stocks and bonds, whether held in trust, for operating purposes, or for capital purposes, and collected or disbursed under law, whether or not such funds are otherwise subject to legislative appropriation, including funds maintained outside the state treasury.

(6) "Regulations" shall mean the policies, standards and requirements, stated in writing, designed to carry out the purposes of this chapter, as issued by the governor or his designated agent, and which shall have the force and effect of law.

(7) "Ensuing biennium" shall mean the fiscal biennium beginning on July 1st of the same year in which a regular session of the legislature is held during an odd-numbered year pursuant to Article II, section 12 of the Constitution and which biennium next succeeds the current biennium.

(8) "Dedicated fund" means a fund in the state treasury, or a separate account or fund in the general fund in the state treasury, that by law is dedicated, appropriated or set aside for a limited object or purpose; but "dedicated fund" shall not include a revolving fund or a trust fund.

(9) "Revolving fund" means a fund in the state treasury, established by law, from which is paid the cost of goods or services furnished to or by a state agency, and which is replenished through charges made for such goods or services or through transfers from other accounts or funds.

(10) "Trust fund" means a fund in the state treasury in which designated persons or classes of persons have a vested beneficial interest or equitable ownership, or which was created or established by a gift, grant, contribution, devise, or bequest that limits the use of the fund to designated objects or purposes.

(11) "Administrative expenses" means expenditures for: (a) Salaries, wages, and related costs of personnel and (b) operations and maintenance including but not limited to costs of supplies, materials, services, and equipment.

(12) "Fiscal year" means the year beginning July 1st and ending the following June 30th.

(13) "Lapse" means the termination of authority to expend an appropriation.

(14) "Legislative fiscal committees" means the ((~~legislative budget committee, the~~)) legislative evaluation and accountability program committee, the ways and means committees of the senate and house of representatives, and, where appropriate, the legislative transportation committee.

(15) "Fiscal period" means the period for which an appropriation is made as specified within the act making the appropriation.

(16) "Primary budget driver" means the primary determinant of a budget level, other than a price variable, which causes or is associated with the major expenditure of an agency or budget unit within an agency, such as a caseload, enrollment, workload, or population statistic.

(17) "Stabilization account" means the budget stabilization account created under RCW 43.88.525 as an account in the general fund of the state treasury.

(18) "State tax revenue limit" means the limitation created by chapter 43.135 RCW.

(19) "General state revenues" means the revenues defined by Article VIII, section 1(c) of the state Constitution.

(20) "Annual growth rate in real personal income" means the estimated percentage growth in personal income for the state during the current fiscal year, expressed in constant value dollars, as published by the office of financial management or its successor agency.

(21) "Estimated revenues" means estimates of revenue in the most recent official economic and revenue forecast prepared under RCW 82.01.120.

Sec. 33. Section 43.88.230, chapter 8, Laws of 1965 as last amended by section 12, chapter 270, Laws of 1981 and RCW 43.88.230 are each amended to read as follows:

For the purposes of this chapter, the joint legislative coordinating council, the statute law committee, ((~~the legislative budget committee,~~)) the legislative transportation committee, the legislative evaluation and accountability program committee, the office of state actuary, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government.

Sec. 34. Section 4, chapter 320, Laws of 1977 ex. sess. and RCW 43.88.310 are each amended to read as follows:

(1) The ((~~legislative auditor~~)) director of joint services, with the concurrence of the legislative budget committee or the legislative evaluation and accountability program committee, may file with the attorney general any audit exceptions or other findings of any performance audit, management study, or special report prepared for the legislative ((~~budget~~)) evaluation and accountability program committee, any standing or special committees of the house or senate, or the entire legislature which indicate a violation of RCW 43.88.290.

(2) The attorney general shall promptly review each filing received from the legislative auditor and proceed to act thereon as provided in RCW 43.88.300. If for any reason the attorney general is unable to proceed the attorney general shall report this fact and the reasons therefor to the legislative budget committee and the legislative evaluation and accountability program committee.

Sec. 35. Section 3, chapter 25, Laws of 1977 ex. sess. as last amended by section 1, chapter 112, Laws of 1979 ex. sess. and RCW 43.88A.030 are each amended to read as follows:

When a fiscal note is prepared and approved as to form, accuracy, and completeness by the office of financial management, which depicts the expected fiscal impact of a bill or resolution, copies shall be filed immediately with:

(1) The chairperson of the committee to which the bill or resolution was referred upon introduction in the house of origin;

(2) The senate committee on ways and means, or its successor;

(3) The house committees on revenue and appropriations, or their successors; and

(4) The legislative ((~~budget~~)) evaluation and accountability program committee.

Whenever possible, such fiscal note shall be provided prior to or at the time the bill or resolution is first heard by the committee of reference in the house of origin.

When a fiscal note has been prepared for a bill or resolution, a copy of the fiscal note shall be placed in the bill books or otherwise attached to the bill or resolution and shall remain with the bill or resolution throughout the legislative process insofar as possible.

Sec. 36. Section 4, chapter 19, Laws of 1977 ex. sess. as amended by section 151, chapter 151, Laws of 1979 and RCW 43.132.040 are each amended to read as follows:

When a fiscal note is prepared and approved as to form and completeness by the director of financial management, the director shall transmit copies immediately to:

(1) The requesting legislator;

(2) With respect to proposed legislation held by the senate, the chairperson of the committee which holds or has acted upon the proposed legislation, the chairperson of the ways and means committee, the chairperson of the local government committee, and the secretary of the senate;

(3) With respect to proposed legislation held by the house of representatives, the chairperson of the committee which holds or has acted upon the proposed legislation, the chairpersons of the revenue and taxation and appropriations committees, the chairperson of the local government committee, and the chief clerk of the house of representatives; and

(4) The legislative ((~~budget~~)) evaluation and accountability program committee.

Sec. 37. Section 5, chapter 19, Laws of 1977 ex. sess. as amended by section 152, chapter 151, Laws of 1979 and RCW 43.132.050 are each amended to read as follows:

The office of financial management and the legislative ((~~budget~~)) evaluation and accountability program committee may make additional copies of the fiscal note available to members of the legislature and others on request.

At the request of any member of the senate or house of representatives, whichever is considering the proposed legislation, and unless it is prohibited by the rules of the body, copies of the fiscal note or a synopsis thereof shall be placed on the members' desks at the time the proposed legislation takes its place on the second reading calendar.

Whenever proposed legislation accompanied by such a fiscal note is passed by either the senate or the house of representatives, the fiscal note shall be transmitted with the bill to the other house.

Sec. 38. Section 2, chapter 195, Laws of 1971 ex. sess. as last amended by section 15, chapter 270, Laws of 1981 and RCW 44.40.025 are each amended to read as follows:

In addition to the powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the house and senate shall, in coordination with ((~~the legislative budget committee,~~)) the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives, ascertain, study, and/or analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway safety fund, and all other funds or accounts related to transportation programs of the state.

The legislative ((~~budget committee, the legislative~~)) evaluation and accountability program committee((,)) and the ways and means committees of the senate and house of representatives shall coordinate their activities with the legislative transportation committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state.

Sec. 39. Section 4, chapter 10, Laws of 1973 2nd ex. sess. and RCW 74.04.630 are each amended to read as follows:

The department shall enter into contractual agreements with the United States department of health, education and welfare, consistent with the provisions of Public Laws 92-603 and 93-66, and to be effective January 1, 1974, for the purpose of enabling the secretary of the department of health, education and welfare to perform administrative functions of state supplementation to the national supplemental security income program and the determination of medicaid eligibility on behalf of the state. The department is authorized to transfer and make payments of state funds to the secretary of the department of health, education and welfare as required by Public Laws 92-603 and 93-66: PROVIDED, HOWEVER, That such agreements shall be submitted for review and comment to the social and health services committees of the senate and house of representatives, and shall be subject to authorization and/or ratification by the legislative ((~~budget~~)) evaluation and accountability program committee, and such agreements shall not bind the state unless and until such authorization and/or ratification is given: PROVIDED FURTHER, HOWEVER, That if the authorization and ratification is not given, the department of social and health services shall administer the state supplemental program as established in RCW 74.04.620.

Sec. 40. Section 5, chapter 138, Laws of 1984 and RCW 82.01.135 are each amended to read as follows:

(1) To promote the free flow of information and to promote legislative input in the preparation of forecasts, immediate access to all information relating to economic and revenue forecasts shall be available to the economic and revenue forecast work group, hereby created. Revenue collection information shall be available to the economic and revenue forecast work group the first business day following the conclusion of each collection period. The economic and revenue forecast work group shall consist of two staff members selected by the chairperson of the legislative oversight committee and one staff member selected by the executive head or chairperson of each of the following agencies or committees:

(a) Department of revenue;

(b) Office of financial management;

~~(d) Legislative evaluation and accountability program committee;~~

~~(e)~~)) Ways and means committee of the senate; and

((~~(f)~~)) (d) Ways and means committee of the house of representatives.

(2) The economic and revenue forecast work group shall provide technical support to the economic and revenue forecast council. Meetings of the economic and revenue forecast work group may be called by any member of the group for the purpose of assisting the economic and revenue forecast council, reviewing the state economic and revenue forecasts, or reviewing monthly revenue collection data or for any other purpose which may assist the economic and revenue forecast council.

Sec. 41. Section 4, chapter 157, Laws of 1951 as amended by section 3, chapter 257, Laws of 1953 and RCW 1.08.007 are each amended to read as follows:

The committee shall meet at the call of the senate judiciary chairman as soon as feasible after April 1, 1953. The committee shall from time to time elect a chairman from among its members, and adopt rules to govern its procedures. Four members of the committee shall constitute a quorum for the transaction of any business but no proceeding of the committee shall be valid unless carried by the vote of a majority of the members present. The reviser ((~~or a member of his staff~~)) shall act as secretary of the committee.

Sec. 42. Section 6, chapter 157, Laws of 1951 and RCW 1.08.013 are each amended to read as follows:

(1) Code reviser shall mean any lawyer or law publisher employing competent lawyers, ((~~each deemed by the committee~~)) appointed by the joint legislative coordinating council established under section 2 of this act, deemed by the council to be qualified to compile the statutory law of the state of Washington as enacted by the legislature into a code or compilation of laws by title, chapter and section, without substantive change or alteration of purpose or intent.

(2) The code reviser shall be subject to the general supervision of the committee, but shall serve at the pleasure of the joint legislative coordinating council and shall be an assistant of, and shall be subordinate to, the council's director of joint services. The committee shall receive its administrative support and services from the council.

Sec. 43. Section 11, chapter 157, Laws of 1951 as last amended by section 2, chapter 52, Laws of 1983 and RCW 1.08.025 are each amended to read as follows:

The committee, or the reviser with the approval of the committee, shall from time to time make written recommendations to the legislature concerning deficiencies, conflicts, or obsolete provisions in, and need for reorganization or revision of, the statutes, and shall prepare for submission to the legislature, legislation for the correction or removal of such deficiencies, conflicts or obsolete provisions, or to otherwise improve the form or substance of any portion of the statute law of this state as the public interest or the administration of the subject may require.

Such or similar projects may also be undertaken at the request of the legislature, the joint legislative coordinating council, other legislative ((~~interim~~)) bodies, and the judicial council ((~~and if such undertaking will not impede the other functions of the committee~~)).

All such proposed legislation shall be annotated so as to show the purposes, reasons, and history thereof.

Sec. 44. Section 12, chapter 157, Laws of 1951 as amended by section 6, chapter 257, Laws of 1953 and RCW 1.08.027 are each amended to read as follows:

The reviser shall be in charge of and shall at all times maintain an expert bill drafting service for the use and benefit of the legislature, its committees and its members. ((Prior to any session thereof, the legislature shall provide quarters convenient to both houses and shall augment the reviser's staff with such additional legal and clerical assistance as may be needed to carry out the bill drafting functions of the legislature and pay the cost of such additional staff.)) Such services shall be confidential and nonpartisan and no member of the bill drafting staff shall advocate for or against any legislative measure.

Sec. 45. Section 4, chapter 235, Laws of 1955 and RCW 1.08.028 are each amended to read as follows:

Neither the reviser nor any member of ((~~his~~)) the bill drafting staff shall be required to furnish any written opinion as to the validity or constitutionality of any proposed legislation, which he may be requested to draft or prepare, nor shall any member of the committee be required to pass upon the constitutionality of any matter submitted to it for consideration.

Sec. 46. Section 2, chapter 246, Laws of 1961 and RCW 1.08.0392 are each amended to read as follows:

For the purposes of financing the production and sale of such of its publications as in the judgment of the ((~~statute law committee~~)) joint legislative coordinating council may be advantageously financed by the use of revolving fund moneys, there is hereby created, and the ((~~committee~~)) council is authorized to maintain for the committee, a revolving fund to be known as statute law ((~~committee~~)) publications account. None of the provisions of RCW 43.01.050 shall be applicable to said fund nor to any moneys received or collected ((~~by the committee~~)) for publications financed by said fund.

All moneys shall be paid from said account by check or voucher in such form and in such manner as shall be prescribed by the ((~~committee~~)) council.

Sec. 47. Section 5, chapter 212, Laws of 1969 ex. sess. and RCW 1.08.100 are each amended to read as follows:

The ((~~code reviser~~)) director of joint services, appointed under section 5 of this act, shall be in charge of and shall operate and maintain the legislative information system which shall provide automatic data processing services for the legislature and its various committees and, by agreement, for the judiciary and the legal or law-oriented agencies of the executive branch. All such operations shall be subject to ((~~the general supervision of~~)) review by the statute law committee. The ((statute law committee may employ or engage and fix the compensation for such personnel as may be required to plan, supervise, operate, procure, or supply such services. Pursuant to prior consultation with the data processing advisory committee, the statute law committee)) director of joint services may enter into contracts with public or private vendors or purchasers for the sale, exchange, or acquisition of data processing materials, services, and facilities.

Sec. 48. Section 34, chapter 143, Laws of 1981 (uncodified) is amended to read as follows:

The governor, through the director of financial management, may authorize a transfer of appropriation authority provided for a capital project which is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer shall be used to expand the capacity of any facility beyond that intended by the legislature in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department, commission, agency, or institution of higher education and only between capital projects which are funded from the same fund or account.

A report of any transfer effected under this section shall be filed with the ((~~legislative auditor~~)) director of joint services appointed under section 5 of this act by the director of financial management within thirty days of the date the transfer is effected. The ((~~legislative auditor~~)) director of joint services shall review and compile these filings and periodically report thereon to the legislative ((~~budget~~)) evaluation and accountability program committee and the appropriate standing committees of the senate and house of representatives.

NEW SECTION. Sec. 49. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 50. The joint legislative coordinating council shall immediately appoint a director of joint services. The director shall prepare, in consultation with the chairpersons and staff of the committees affected by this act, a plan providing full implementation of this act on July 1, 1985.

NEW SECTION. Sec. 51. Section 5, chapter 157, Laws of 1951 and RCW 1.08.011. are each repealed.

NEW SECTION. Sec. 52. Sections 1 through 6 of this act shall constitute a new chapter in Title 44 RCW.

NEW SECTION. Sec. 53. There is appropriated to the joint legislative coordinating council from the general fund, for the biennium ending June 30, 1987, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 54. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, except for sections 19 through 21 of this act, which shall take effect on July 1, 1985.