CERTIFICATION OF ENROLLMENT

 

               SECOND SUBSTITUTE SENATE BILL 5568

 

 

                   Chapter 366, Laws of 1991

                         (partial veto)

 

 

                        52nd Legislature

                      1991 Regular Session

 

 

                 HUNGER AND NUTRITION PROGRAMS

 

 

                    EFFECTIVE DATE:  7/1/91

 

 


Passed by the Senate April 22, 1991

  Yeas 43   Nays 3

 

 

           JOEL PRITCHARD          

President of the Senate

 

Passed by the House April 12, 1991

  Yeas 91   Nays 0

 

 

              JOE KING             

Speaker of the

       House of Representatives

 

 

Approved May 21, 1991, with

the exception of sections 301

and 508, which are vetoed.

 

 

 

 

 

           BOOTH GARDNER           

Governor of the State of Washington


       CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5568 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

           GORDON A. GOLOB            Secretary

 

 

 

                                     FILED         

 

 

 

                  May 21, 1991 - 2:18 p.m.

 

 

 

                        Secretary of State   

                       State of Washington  



 


                  _______________________________________________

 

                        SECOND SUBSTITUTE SENATE BILL 5568

 

                              AS AMENDED BY THE HOUSE

                  _______________________________________________

 

                     Passed Legislature - 1991 Regular Session

 

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Roach, Stratton, Talmadge, L. Smith, Pelz, Bailey, Gaspard, Vognild, Williams, Skratek, Murray, Newhouse, McMullen, Matson, Bauer, West, L. Kreidler, A. Smith, Wojahn, Moore, Rinehart and Snyder).

 

Read first time March 11, 1991.Addressing hunger and nutritional problems.


     AN ACT Relating to hunger and nutrition; creating new sections; providing an effective date; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.  Hunger and malnutrition threaten the future of a whole generation of children in Washington.  Children who are hungry or malnourished are unable to function optimally in the classroom and are thus at risk of lower achievement in school. The resultant diminished future capacity of and opportunities for these children will affect this state's economic and social future. Thus, the legislature finds that the state has an interest in helping families provide nutritious meals to children.

     The legislature also finds that the state has an interest in helping hungry and malnourished adults obtain necessary nourishment. Adequate nourishment is necessary for physical health, and physical health is the foundation of self‑sufficiency.  Adequate nourishment is especially critical in the case of pregnant and lactating women, both to ensure that all mothers and babies are as healthy as possible and to minimize the costs associated with the care of low‑birthweight babies.

 

                                      "PART I

                                       WIC"

 

     NEW SECTION.  Sec. 101.      The legislature finds that the special supplemental food program for women, infants, and children has proven effective in preventing infant mortality, reducing the number of undernourished children with retarded growth, reducing the incidence of delayed cognitive development and decreasing the number of low‑birthweight babies.  However, not all of the eligible mothers and children in this state are currently served by the program.  Therefore, the legislature intends to increase the number of eligible women and children served by the program.

 

                                     "PART II

                        EMERGENCY FOOD ASSISTANCE PROGRAM"

 

     NEW SECTION.  Sec. 201.      The legislature finds that the emergency food assistance program has been successful in defraying the costs of operating food banks and food distribution programs in the state.  However, current resources are inadequate to meet the needs of the hungry and malnourished people in this state. Additional funding for the emergency food assistance program is needed to provide for the purchase, transportation, and storage of food and to support the operation of food banks, food distribution programs, and tribal voucher programs.

     Additionally, many of the people who receive food from food banks have special nutritional needs that are not currently being met.  These include infants and children with disabilities, pregnant and lactating women, adults with chronic diseases, people with acquired immune deficiency syndrome, people with lactose intolerance, people who have difficulty chewing, alcoholics, intravenous drug users, and people with cultural food preferences. The legislature finds that additional funds to provide special nutritional foods are necessary and that training regarding these special nutritional needs is needed for food bank staff and volunteers.

 

                                     "PART III

                                   FOOD STAMPS"The text of the following section has been vetoed by the Governor.  It is

noted in bold italic.

 

   *

 

     NEW SECTION.  Sec. 301.      The legislature finds that delays in receiving food stamps often drive hungry families to food banks.  Expediting the issuance of food stamps to eligible applicants will ease some of the pressure on the food bank system.  The legislature also finds that some of those who currently apply for the expedited issuance of food stamps are not receiving them within the five-day waiting period.  Therefore, the department is directed to issue food stamps to eligible applicants within twenty-four hours of application.

*Sec. 301 was vetoed, see message at end of chapter.

 

     NEW SECTION.  Sec. 302.      The department shall issue expedited food stamps to eligible recipients within twenty‑four hours of application.  The department shall establish an eligibility process for the expedited issuance of food stamps that conforms to federal requirements and results in the least additional workload increase to department staff.

 

                                     "PART IV

                               NUTRITIONAL PROGRAMS"

 

     NEW SECTION.  Sec. 401.      The legislature finds that the school breakfast and lunch programs, the summer feeding program, and the child and adult day care feeding programs authorized by the United States department of agriculture are effective in addressing unmet nutritional needs.  However, some communities in the state do not participate in these programs.  The result is hunger, malnutrition, and inadequate nutrition education for otherwise eligible persons living in nonparticipating communities.

 

     NEW SECTION.  Sec. 402.      The superintendent of public instruction shall aggressively solicit eligible schools, child and adult day care centers, and other organizations to participate in the nutrition programs authorized by the United States department of agriculture.

 

                                      "PART V

                                  MISCELLANEOUS"

 

     NEW SECTION.  Sec. 501.      Following the 1991 legislative session, the senate children and family services committee and the house of representatives human services committee shall conduct a joint interim study on:

     (1) The need for nutrition programs for at‑risk youth;

     (2) The nutritional needs of persons served in out‑of‑home care settings;

     (3) The nutritional needs of senior citizens; and

     (4) The nutritional needs of persons under the age of sixty who receive services through the long‑term care system.

 

     NEW SECTION.  Sec. 502.      Parts and headings as used in this act constitute no part of the law.

 

     NEW SECTION.  Sec. 503.      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. 504.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.

 

     NEW SECTION.  Sec. 505.      If specific funding for the purposes of section 101 of this act, referencing section 101 of this act by bill number and section, is not provided by June 30, 1991, in the omnibus appropriations act, section 101 of this act shall be null and void.

 

     NEW SECTION.  Sec. 506.      If specific funding for the purposes of section 201 of this act, referencing section 201 of this act by bill number and section, is not provided by June 30, 1991, in the omnibus appropriations act, section 201 of this act shall be null and void.

 

     NEW SECTION.  Sec. 507.      If specific funding for the purposes of sections 301 and 302 of this act, referencing sections 301 and 302 of this act by bill number and sections, is not provided by June 30, 1991, in the omnibus appropriations act, sections 301 and 302 of this act shall be null and void.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

   *

 

     NEW SECTION.  Sec. 508.      If specific funding for the purposes of section 402 of this act, referencing section 402 of this act by bill number and section, is not provided by June 30, 1991, in the omnibus appropriations act, section 402 of this act shall be null and void.

*Sec. 508 was vetoed, see message at end of chapter.


     Passed the Senate April 22, 1991.

     Passed the House April 12, 1991.

Approved by the Governor May 21, 1991 with the exception of certain items which were vetoed.

     Filed in Office of Secretary of State May 21, 1991.


 

     Note: Governor's explanation of partial veto is as follows:

 

     "I am returning herewith, without my approval as to sections 301 and 508, Second Substitute Senate Bill No. 5568, entitled:

 

"AN ACT Relating to hunger and nutrition."

 

     I commend the Legislature for its focus on nutritional needs of our families, and especially for its intent to improve the health and functioning of children so they can succeed in the classroom.

 

     Sections 301 and 302 appropriately support issuing food stamps to eligible families as soon as possible after they apply.  The Department of Social and Health Services is committed to that policy and will issue food stamps within 24 hours if sufficient staff is provided.  Section 301, however, contains a legal conclusion about noncompliance that may make the state vulnerable to lawsuit.  For this reason, I have vetoed section 301.

 

     Section 508 would void the section 402 requirement that the Office of Superintendent of Public Instruction aggressively solicit schools and organizations to participate in the nutrition programs.  Even if reference and funds were not provided in the budget, aggressive solicitation should occur, especially since these programs are federally funded.  This should be current policy, and I have therefore vetoed section 508.

 

     With the exception of sections 301 and 508, Second Substitute Senate Bill No. 5568 is approved."