6157-S2

AN ACT Relating to the 1994 omnibus antihunger act; amending RCW 43.19.010, 69.80.900, 38.12.020, 28A.235.140, and 28A.235.155; adding a new section to chapter 43.19 RCW; adding a new section to chapter 69.80 RCW; adding a new section to Title 15 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 81.04 RCW; adding a new section to Title 75 RCW; adding new sections to chapter 28A.235 RCW; adding a new section to chapter 74.04 RCW; creating new sections; repealing RCW 69.80.030 and 69.80.040; and declaring an emergency.

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

NEW SECTION. Sec. 1. Despite the efforts of many dedicated individuals, and the existence of several state, federal, and private antihunger programs, thousands of Washingtonians are still confronted with hunger as a part of their daily lives. Food banks, emergency food programs, school breakfast and lunch programs, charitable kitchens, and special programs for pregnant women, infants, and the elderly are all challenged to meet increased needs. Yet Washington is a leading agricultural state, and has access to ocean fisheries, and many human and technological resources that are underutilized.

The legislature finds that food policy in Washington state suffers inefficiencies and lack of connectivity, due to geographical dispersion of the resources needed to address hunger. Although the state agencies charged with various antihunger programs have improved their ability to work together, the existence of unmet service needs, particularly among women, infants, schoolchildren, and the elderly, justifies a new commitment to seeking ways in which to build capacity, improve cost-effectiveness, improve cross-referrals and co-siting among programs, and encourage active participation in food programs by food producers.

The legislature finds that the state has an interest in helping hungry persons obtain adequate nutrition. It is established science that well-nourished children perform better in school, and that appropriate nutrition plays a major role in health maintenance, especially for such populations as the elderly, enabling them to maintain independence and saving medical costs.

Significantly, proper prenatal nutrition prevents low birthweight in babies, and infant mental and physical well-being is directly tied to adequacy of diet. Given the strong medical connection between nutritional adequacy and well-being, the legislature finds that, as a component of the state's health care reform efforts, it is vital to improve the nutritional status of Washingtonians by all reasonable means.

Sec. 2. RCW 43.19.010 and 1993 c 472 s 19 are each amended to read as follows:

The department of general administration shall be organized into divisions, which shall include (1) the division of capitol buildings, (2) the division of purchasing, (3) the division of engineering and architecture, and (4) the division of motor vehicle transportation service.

The director of general administration shall have charge and general supervision of the department. He or she may appoint and deputize such clerical and other assistants as may be necessary for the general administration of the department. Within available resources, the director shall appoint the antihunger coordinator to administer the office of antihunger under section 3 of this act. The director of general administration shall receive a salary in an amount fixed by the governor.

NEW SECTION. Sec. 3. A new section is added to chapter 43.19 RCW to read as follows:

Within available resources, the office of antihunger is created in the department of general administration. The department, in addition to its current authority, shall establish and administer the office. The antihunger coordinator has the following powers and duties:

(1) Act as a network to contact and coordinate state hunger programs among public agencies that provide food, food stamps, food stamp nutrition education, meals, or distribution, including:

(a) The interagency food issues committee;

(b) Department of agriculture;

(d) Department of corrections;

(e) Department of health;

(f) Department of social and health services;

(g) Department of transportation and the transportation commission;

(h) Department of fish and wildlife;

(i) Department of community, trade, and economic development; and

(j) Office of the superintendent of public instruction.

(2) Provide technical support, including identification of transportation and distribution opportunities to state agencies and programs in their development of plans to contribute to hunger relief, and receive technical support from an advisory committee composed of the agencies set forth in this section and the voluntary participation of the Washington antihunger and nutrition coalition.

(3) Nothing in this section shall be construed to give the antihunger coordinator statutory authority over the activities of food banks, charitable kitchens, private food distributors, or private nonprofit emergency food providers.

(4) All agencies identified in this section shall cooperate with the antihunger coordinator to carry out the duties set forth in chapter . . ., Laws of 1994 (this act), and shall provide information and data consistent with available resources, as requested by the antihunger coordinator, including annual reporting, by November 1 of each year, concerning the status and progress of each agency's antihunger efforts.

NEW SECTION. Sec. 4. A new section is added to chapter 69.80 RCW to read as follows:

(1) This section may be cited as the "Good Samaritan Food Donation Act."

(2) As used in this section:

(a) "Apparently fit grocery product" means a grocery product that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

(b) "Apparently wholesome food" means food that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

(c) "Donate" means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.

(d) "Food" means a raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(e) "Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.

(f) "Grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.

(g) "Gross negligence" means voluntary and conscious conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or well-being of another person.

(h) "Intentional misconduct" means conduct by a person with knowledge, at the time of the conduct, that the conduct is harmful to the health or well-being of another person.

(i) "Nonprofit organization" means an incorporated or unincorporated entity that:

(i) Is operating for religious, charitable, or educational purposes; and

(ii) Does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.

(j) "Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, councilmember, or other elected or appointed individual responsible for the governance of the entity.

(3) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals, except that this subsection does not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.

(4) A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this subsection does not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.

(5) If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by federal, state, and local laws and regulations, the person or gleaner who donates the food and grocery products is not subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products:

(a) Is informed by the donor of the distressed or defective condition of the donated food or grocery products;

(b) Agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and

(6) This section may not be construed to create liability.

NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

(1) RCW 69.80.030 and 1983 c 241 s 3; and

(2) RCW 69.80.040 and 1983 c 241 s 4.

Sec. 6. RCW 69.80.900 and 1983 c 241 s 5 are each amended to read as follows:

Nothing in this chapter may be construed to create any liability of, or penalty against a donor or distributing organization except as provided in ((~~RCW 69.80.030~~)) section 4 of this act.

NEW SECTION. Sec. 7. A new section is added to Title 15 RCW to read as follows:

(1) Agricultural commodity commissions established by statute or rule that deal with food product are encouraged to facilitate and promote the voluntary donation and gleaning of surplus commodities and nonmarketable product, when available and in the manner to be determined by each commission, by dealers, producers, growers, processors, warehousers, and others involved with each respective commission.

(2) The commodities commissions shall, to the extent possible and consistent with available resources, report to the department of agriculture all donations given by the entities set forth in this section, in annual reports due October 15th, covering October 1st through September 30th.

Sec. 8. RCW 38.12.020 and 1989 c 19 s 12 are each amended to read as follows:

The adjutant general shall:

(1) Keep rosters of all active, reserve, and retired officers of the militia, and all other records, and papers required to be kept and filed therein, and shall submit to the governor such reports of the operations and conditions of the organized militia as the governor may require.

(2) Cause the military law, and such other military publications as may be necessary for the military service, to be prepared and distributed at the expense of the state, to the departments and units of the organized militia.

(3) Keep just and true accounts of all moneys received and disbursed by him or her.

(4) Attest all commissions issued to military officers of this state.

(5) Make out and transmit all militia reports, returns, and communications prescribed by acts of congress or by direction of the department of defense and the national guard bureau.

(6) Have a seal, and all copies, orders, records, and papers in his or her office, duly certified and authenticated under the seal, shall be evidence in all cases in like manner as if the originals were produced. The seal now used in the office of the adjutant general shall be the seal of his or her office and shall be delivered by him or her to the successor. All orders issued from his or her office shall be authenticated with the seal.

(7) Make such regulations pertaining to the preparation of reports and returns and to the use, maintenance, care, and preservation of property in possession of the state for military purposes, whether belonging to the state or to the United States, as in his or her opinion the conditions demand.

(8) Attend to the care, preservation, safekeeping, and repairing of the arms, ordinance, accoutrements, equipment, and all other military property belonging to the state, or issued to the state by the United States for military purposes, and keep accurate accounts thereof. Any property of the state military department which, after proper inspection, is found unsuitable or no longer needed for use of the state military forces, shall be disposed of in such manner as the governor shall direct and the proceeds thereof used for replacements in kind or by other needed authorized military supplies, and the adjutant general may execute the necessary instruments of conveyance to effect such sale or disposal.

(9) Issue the military property as the necessity of service requires and make purchases for that purpose. No military property shall be issued or loaned to persons or organizations other than those belonging to the militia, except as permitted by applicable state or federal law.

(10) Keep on file in his or her office the reports and returns of military units, and all other writings and papers required to be transmitted to and preserved at the general headquarters of the state militia.

(11) Keep all records of volunteers commissioned or enlisted for all wars or insurrections, and of individual claims of citizens for service rendered in these wars or insurrections, and he or she shall also be the custodian of all records, relics, trophies, colors, and histories relating to such wars now in possession of, or which may be acquired by the state.

(12) Establish and maintain as part of his or her office a bureau of records of the services of the organized militia of the state, and upon request furnish a copy thereof or extract therefrom, attested under seal of his or her office, and such attested copy shall be prima facie proof of service, birthplace, and citizenship.

(13) Keep a record of all real property owned or used by the state for military purposes, and in connection therewith he or she shall have sole power to execute all leases to acquire the use of real property by the state for military purposes, or lease it to other agencies for use for authorized activities. The adjutant general shall also have full power to execute and grant easements for rights of way for construction, operation, and maintenance of utility service, water, sewage, and drainage for such realty.

(14) Provide assistance to the antihunger coordinator under section 3 of this act, to include personnel and equipment for state-wide distribution of food and grocery products to nonprofit state-administered food programs. Assistance provided will be consistent with available resources and prescribed federal training requirements.

This section shall constitute statutory authority for the Washington national guard antihunger program.

NEW SECTION. Sec. 9. A new section is added to chapter 72.09 RCW to read as follows:

The department of corrections shall provide inmate labor, at no cost to food donors or charitable institutions, where feasible and consistent with available resources, in accordance with the inmate work program standards under RCW 72.09.100, to assist in the voluntary gleaning and distribution of food and grocery products for charitable purposes under section 3 of this act. The department may request training or information on appropriate gleaning methods from the Washington state university cooperative extension service and shall supply only adequately trained inmates for gleaning activities. The secretary of the department of corrections shall adopt rules to implement this section.

NEW SECTION. Sec. 10. A new section is added to chapter 81.04 RCW to read as follows:

The commission, in cooperation with the department of health and the antihunger coordinator under section 3 of this act, shall identify statutory and regulatory barriers to backhauling by transporters of donated food and grocery products. The commission shall adopt rules necessary to facilitate the backhauling of donated food products and shall report to the antihunger coordinator on other barriers, such as lack of waiver of published rates, that impede the efficient utilization of volunteer truck transport of food and grocery products.

NEW SECTION. Sec. 11. A new section is added to Title 75 RCW to read as follows:

The department of fish and wildlife and the department of corrections shall provide technical assistance to the antihunger coordinator under section 3 of this act, in researching how to enhance existing efforts in the recovery, processing, and distribution of fisheries surplus to correctional facilities and department of social and health services' programs, while leaving harvest and other license restrictions and limitations intact. The antihunger coordinator shall report to the legislature by December 1, 1995, on the outcome of the research project.

Sec. 12. RCW 28A.235.140 and 1993 c 333 s 1 are each amended to read as follows:

(1) For the purposes of this section:

(a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program.

(b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.

(c) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from low-income families.

(2) School districts shall be required to develop and implement plans for a school breakfast program in severe-need schools((, pursuant to the schedule in this section. For the second year prior to the implementation of the district's school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools)). In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district. School districts shall provide a breakfast program in any school as long as the school qualifies as a severe-need school or there is data available to confirm and substantiate the severe-needs status of the school.

(3) ((Using district-wide data on school lunch participation during the 1988‑89 school year, the superintendent of public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows:

(a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1990‑91 school year and in each school year thereafter.

(b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991.)) Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991‑92 school year and in each school year thereafter.

(((c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992‑93 school year and in each school year thereafter.

(d) School districts that did not offer a school lunch program in the 1988‑89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.))

(4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated.

(5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students except as provided in section 14 of this act. Requirements that school districts have school breakfast programs under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the Constitution.

(6) School districts that as of the effective date of this act do not have a school lunch program shall develop a plan for a school lunch program and establish a feasible timeline for instituting the program.

Sec. 13. RCW 28A.235.155 and 1993 c 333 s 4 are each amended to read as follows:

(1) The superintendent of public instruction shall administer funds for the federal summer food service program.

(2) The superintendent of public instruction may award grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for children or to help expand summer food services for children.

(3) The superintendent of public instruction shall apply for all available federal funds for summer food service program outreach.

NEW SECTION. Sec. 14. A new section is added to chapter 28A.235 RCW to read as follows:

School districts are encouraged to take advantage of the opportunity to serve all enrolled students in designated high-needs schools under special assistance known as Provision 2, 7 C.F.R. 245(b). The superintendent of public instruction shall ensure that information on Provision 2 is provided to all school districts with schools where more than seventy-five percent of students qualify for free or reduced-price school meals by the end of 1994.

NEW SECTION. Sec. 15. A new section is added to chapter 28A.235 RCW to read as follows:

Within six months of the effective date of this act, and every two years thereafter, school districts with breakfast or lunch programs shall assess whether the programs allow the students sufficient and realistic time to be served and to eat. If the assessment shows that there is insufficient time for personal hygiene, serving, and consumption of school meals, the school shall allow more time by any feasible means, including the use of adult volunteer help, additional cafeteria shifts, or more staffing. Failure to properly assess such programs and correct problems identified by assessment, or to promptly investigate and take appropriate action on complaints regarding compliance with this section shall be remedied by the superintendent of public instruction.

NEW SECTION. Sec. 16. A new section is added to chapter 28A.235 RCW to read as follows:

School districts shall ensure that food sold on school grounds is consistent with the dietary guidelines for Americans as provided in the edition of "Nutrition & Your Health: Dietary Guidelines for Americans," by the United States departments of agriculture and health and human services in print on the effective date of this act, or a later edition as adopted by reference by the superintendent by rule.

NEW SECTION. Sec. 17. A new section is added to chapter 74.04 RCW to read as follows:

The department shall, with the assistance of the antihunger coordinator, develop an outcome measurement to show increased service to individuals in the department's nutrition program for the elderly. The purpose of the outcome measurement shall be to improve accountability and effectiveness and to motivate outreach programs to the elderly, by measuring program success in empirical evidence of increased numbers of persons served.

NEW SECTION. Sec. 18. The antihunger coordinator shall report to the legislature by December 1, 1995, on the effectiveness of chapter . . ., Laws of 1994 (this act).

NEW SECTION. Sec. 19. 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. 20. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 21. 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 immediately.