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AN ACT Relating to the 1994 omnibus antihunger act; amending RCW 43.23.010, 69.80.900, 38.12.020, 28A.235.140, 28A.235.150, and 28A.235.155; adding a new section to chapter 43.23 RCW; adding a new section to chapter 69.80 RCW; adding a new section to chapter 43.20 RCW; adding a new section to chapter 15.65 RCW; adding a new section to chapter 15.66 RCW; adding a new section to chapter 15.24 RCW; adding a new section to chapter 16.67 RCW; adding a new section to chapter 15.44 RCW; adding a new section to chapter 15.28 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 new sections to chapter 43.70 RCW; adding new sections to chapter 74.04 RCW; adding a new section to chapter 28B.30 RCW; adding a new section to chapter 7.80 RCW; creating new sections; repealing RCW 69.80.030 and 69.80.040; making appropriations; 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 43.23.010 and 1990 c 37 s 1 are each amended to read as follows:

In order to obtain maximum efficiency and effectiveness within the department of agriculture, the director may create such administrative divisions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be needed to administer the several divisions within the department. The director shall appoint no more than eight assistant directors. The officers appointed under this section are exempt from the provisions of the state civil service law as provided in RCW 41.06.070(7), and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law. The director shall also appoint and deputize a state veterinarian who shall be an experienced veterinarian properly licensed to practice veterinary medicine in this state. The director shall appoint the antihunger coordinator to administer the office of antihunger under section 3 of this act.

The director of agriculture shall have charge and general supervision of the department and may assign supervisory and administrative duties other than those specified in RCW 43.23.070 to the division which in his or her judgment can most efficiently carry on those functions.

NEW SECTION. Sec. 3. A new section is added to chapter 43.23 RCW to read as follows:

The office of antihunger is created in the department of agriculture. The antihunger coordinator, appointed under RCW 43.23.010, shall administer the office. The antihunger coordinator has the following powers and duties:

(1) Act as a clearinghouse and network to contact, monitor, 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 commission;

(b) Agricultural commodities commissions;

(d) Department of corrections;

(e) Department of health;

(f) Department of social and health services;

(g) Department of transportation and the transportation commission; and

(h) Department of fish and wildlife.

(2) Develop and install a computer data base, to be known as foodnet, that will be used to coordinate the state's antihunger programs and resources.

(3) Operate a hotline to be used to locate donatable surplus food product, identify transportation opportunities, and manage distribution with state resources.

(4) Provide technical support to state agencies and programs in their development of plans to contribute to hunger relief.

(5) 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.

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 chapter 43.20 RCW to read as follows:

The food service operations of nonprofit organizations other than schools, child care centers, or senior nutrition centers, that serve meals free of charge or for a nominal fee and that are regulated by the board of health through local health authorities shall be inspected without fee, for compliance for food service or food handler permits.

NEW SECTION. Sec. 8. A new section is added to chapter 15.65 RCW to read as follows:

The dry pea and lentil commission and the egg commission shall, as a condition of authority, adopt rules that encourage and facilitate the donation and gleaning of surplus commodities by dealers, handlers, producers, growers, and other persons subject to this chapter. The commodity boards shall cooperate with the antihunger coordinator under section 3 of this act in the furtherance of the state antihunger program.

NEW SECTION. Sec. 9. A new section is added to chapter 15.66 RCW to read as follows:

The Washington fryer commission and the Washington potato commission shall, as a condition of authority, adopt rules that encourage and facilitate the donation and gleaning of surplus commodities and nonmarketable product by dealers, handlers, producers, growers, and other persons subject to this chapter. The commodity commissions shall cooperate with the antihunger coordinator under section 3 of this act in the furtherance of the state antihunger program.

NEW SECTION. Sec. 10. A new section is added to chapter 15.24 RCW to read as follows:

The apple commission shall, as a condition of authority, adopt rules that encourage and facilitate the donation and gleaning of surplus commodities and nonmarketable product by dealers, handlers, producers, growers, and other persons subject to this chapter. The commission shall cooperate with the antihunger coordinator under section 3 of this act in the furtherance of the state antihunger program.

NEW SECTION. Sec. 11. A new section is added to chapter 16.67 RCW to read as follows:

The beef commission shall, as a condition of authority, adopt rules that encourage and facilitate the donation and gleaning of surplus commodities and nonmarketable product by dealers, handlers, producers, growers, and other persons subject to this chapter. The commission shall cooperate with the antihunger coordinator under section 3 of this act in the furtherance of the state antihunger program.

NEW SECTION. Sec. 12. A new section is added to chapter 15.44 RCW to read as follows:

The Washington dairy products commission shall, as a condition of authority, adopt rules that encourage and facilitate the donation and gleaning of surplus commodities and nonmarketable product by dealers, handlers, producers, growers, and other persons subject to this chapter. The commission shall cooperate with the antihunger coordinator under section 3 of this act in the furtherance of the state antihunger program.

NEW SECTION. Sec. 13. A new section is added to chapter 15.28 RCW to read as follows:

The fruit commission shall, as a condition of authority, adopt rules that encourage and facilitate the donation and gleaning of surplus commodities and nonmarketable product by dealers, handlers, producers, growers, and other persons subject to this chapter. The commission shall cooperate with the antihunger coordinator under section 3 of this act in the furtherance of the state antihunger program.

Sec. 14. 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) Establish and operate upon the request of the governor and in cooperation with the antihunger coordinator under section 3 of this act an antihunger program that includes, consistent with resources, the provision of labor for gleaning, equipment and personnel for transport, and equipment and personnel for state-wide distribution of food and grocery products to nonprofit and state-administered food programs for the poor, children, and the elderly.

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

NEW SECTION. Sec. 15. 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, 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. 16. 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. 17. A new section is added to Title 75 RCW to read as follows:

The department of fish and wildlife, in conjunction with the antihunger coordinator under section 3 of this act, shall implement a two-year pilot project with the national marine fisheries service and such private nonprofit or volunteer organizations as may be necessary to donate overcatch and bycatch food fish to charitable food agencies, while leaving harvest and other license restrictions and limitations intact. The department shall report to the legislature by December 1, 1996, on the success and outcome of the pilot project.

Sec. 18. 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.

(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 21 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. 19. RCW 28A.235.150 and 1993 c 333 s 3 are each amended to read as follows:

(1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection.

(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches.

(3) The superintendent of public instruction shall identify the six most severe-need schools under RCW 28A.235.140 and award to these schools grants to be used directly to feed more students.

(4) The superintendent of public instruction shall apply for all available federal funds for school lunch and breakfast program outreach.

Sec. 20. 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. 21. 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. 22. A new section is added to chapter 28A.235 RCW to read as follows:

School districts with breakfast or lunch programs shall assess whether the programs allow the students sufficient 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 volunteer help, additional cafeteria shifts, or more staffing.

NEW SECTION. Sec. 23. 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. 24. A new section is added to chapter 43.70 RCW to read as follows:

(1) The legislature intends to increase the number of persons being served by the women, infant, and children (WIC) program, using state funding to maximize federal fund availability. The WIC program is a federally funded program established in 1972 by an amendment to the child nutrition act of 1966. The purpose of the program is to serve as an adjunct to health care by providing nutritious food; nutrition education and counseling; health screening; and referral services to pregnant and breast-feeding women, infants, and children in certain high-risk categories. The WIC program in the state of Washington is administered by the office of WIC services in the department of health. (2) The department of health shall establish a capacity building task force to seek ways to reach more of the WIC target populations and to provide additional capital grants to local agencies, and to provide start-up funds for new local agencies. The department of health shall consider cost-containment options, such as sole-source contracting and multistate buying agreements, for cereals and other foods, and shall implement the options if the options appear cost-effective.

(3) State funding provided for the WIC program shall not be supplanted by federal funds or reallocated to other programs within the department of health.

NEW SECTION. Sec. 25. A new section is added to chapter 74.04 RCW to read as follows:

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 thirty-six hours of application.

NEW SECTION. Sec. 26. The department of social and health services shall initiate a pilot project using electronic benefit transfer technology for the food stamp program. The department shall report to the appropriate standing committees of the legislature on the project implementation status by December 1, 1995.

NEW SECTION. Sec. 27. A new section is added to chapter 28B.30 RCW to read as follows:

(1) Washington State University cooperative extension service food stamp education program shall collocate or coordinate with women, infant, and children (WIC) program clinics where the collocation or coordination would serve the needs of both programs by increasing program effectiveness and is cost-saving. The food stamp nutrition education program and the WIC clinics shall together engage in education, and prenatal/infant nutrition.

(2) The food stamp education program shall work cooperatively with the department of social and health services English as a second language program to provide education and outreach.

NEW SECTION. Sec. 28. 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. 29. A new section is added to chapter 74.04 RCW to read as follows:

(1) The department shall assure that all funds allocated for senior meal and nutrition programs are not transferred or reallocated to other department services or programs.

(2) The department shall allocate resources to establish the position of senior nutrition professional, with expertise in gerontological nutrition, and dedicated to providing consultation to nutrition programs for the elderly.

(3) The department shall allocate resources to nutrition programs for the elderly, to improve outreach to vulnerable elders who may be underserved, including without limitation: Minority and tribal elders, limited or non-English-speaking elders, homeless, and rural elders.

NEW SECTION. Sec. 30. A new section is added to chapter 7.80 RCW to read as follows:

The Washington fine foods amnesty project is created. Fines for minor traffic infractions and other civil infractions may be waived if the violator donates canned food in an amount equal to the fine to a charitable organization within the jurisdiction of the enforcing agency. The in-lieu donation must be made within one year of receiving the notice of civil infraction. Donation shall be made to a site designated by the enforcing agency, which shall receive and accept the donations not less than once per year. Nonprofit emergency food providers shall not be liable for direct acceptance of the food donations, or any determination of the adequacy of settlement of the fine.

NEW SECTION. Sec. 31. A new section is added to chapter 43.20 RCW to read as follows:

The legislature finds that many of Washington's Native American tribes are nutritionally at risk. Several of the tribes have common concerns that affect nutritional stability, including the tribe's geographic isolation, limited availability of continuing education and technical assistance in nutrition, limited or very intermittent services by qualified nutritionists, and a high-risk population with increased incidence of chronic conditions, such as diabetes, heart disease, and hypertension. Other nutrition-related tribal health concerns include infant mortality, low-birth weight, baby bottle tooth decay, and gastrointestinal problems.

The legislature further finds that the recent, two-year project, "Nutrition for Native American Children in Rural Washington," was successful in addressing many of the tribes' concerns, while working closely with tribal health programs, head start, and the women, infant, and children (WIC) program. In order to maintain some of the progress made in tribal nutrition, especially nutritional needs of at-risk children, the legislature finds the tribes would benefit from a permanent tribal nutritionist, available on a circulating basis.

The position of tribal nutritionist is hereby established in the department of health. The tribal nutritionalist shall be shared among rural Native American tribes wishing to participate, and shall travel between the tribes as needed, providing consultation and working at the direction of, and in close cooperation with tribal health program leaders.

The tribal nutritionist shall consult, communicate, and make use of the available advisory resources of the department of health, the department of community, trade, and economic development, the Washington State University cooperative extension service, and the department of social and health services, as well as the University of Washington medical center, in order to provide nutrition education, and appropriate service referral for at-risk tribal members.

The tribal nutritionist shall help the tribes build networks among existing programs to improve nutrition services, in particular among head start, WIC, and birth to three programs, and shall provide on-site nutrition training, technical assistance, and in-service training to health providers and parents in tribal communities.

In the event of resource scarcity, the tribal nutritionalist shall prioritize by concentrating efforts on those program elements most likely to benefit at-risk children and the elderly.

NEW SECTION. Sec. 32. The legislature finds that the federally funded temporary food assistance program has recently provided six million pounds of food to Washingtonians in need. The charitable institutions program has provided five million pounds of food. Although the need for these programs continues to grow, the federal government may discontinue the programs by 1995.

NEW SECTION. Sec. 33. The governor shall seek extension, by congressional request, of the temporary food assistance program and charitable institutions program.

NEW SECTION. Sec. 34. The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the superintendent of public instruction for the purposes identified in section 19 of this act.

NEW SECTION. Sec. 35. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of fish and wildlife for the purposes of section 17 of this act.

NEW SECTION. Sec. 36. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of health for the purposes of section 24 of this act.

NEW SECTION. Sec. 37. The sum of one million two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to Washington state cooperative extension services for the purposes of section 27 of this act.

NEW SECTION. Sec. 38. The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of community, trade, and economic development for the purpose of directly contracting out funds from the emergency food assistance program to local food banks to purchase cold storage equipment.

NEW SECTION. Sec. 39. The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of agriculture for the purposes of funding the position of antihunger coordinator.

NEW SECTION. Sec. 40. The antihunger coordinator shall report to the legislature by December 1, 1994, on the effectiveness of chapter . . ., Laws of 1994 (this act) in addressing hunger in the state of Washington.

NEW SECTION. Sec. 41. 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. 42. 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. 43. 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.