BILL REQ. #: S-4247.1
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 01/29/10.
AN ACT Relating to transferring food assistance programs to the department of agriculture; amending RCW 43.330.130; adding a new section to chapter 43.23 RCW; creating new sections; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 43.23 RCW
to read as follows:
The director of the department may exercise powers and duties with
respect to the administration of food assistance programs in the
department. It is the intent of the legislature in administering the
food assistance programs transferred to the department by chapter
. . ., Laws of 2010 (this act), that programs continue to be provided
through community-based organizations. It is the intent of the
legislature that in accepting the administration of food assistance
programs, the department's core programs administered by the department
by July 1, 2010, not be impacted.
The director of the department may adopt rules necessary to
implement the food assistance programs.
The director may enter into contracts and agreements to implement
food assistance programs, including contracts and agreements with the
United States department of agriculture, to implement federal food
assistance programs.
Sec. 2 RCW 43.330.130 and 1993 c 280 s 16 are each amended to
read as follows:
(1) The department shall coordinate services to communities that
are directed to the poor and disadvantaged through private and public
nonprofit organizations and units of general purpose local governments.
The department shall coordinate these programs using, to the extent
possible, integrated case management methods, with other community and
economic development efforts that promote self-sufficiency.
(2) These services may include, but not be limited to,
comprehensive education services to preschool children from low-income
families, providing for human service needs and advocacy, promoting
volunteerism and citizen service as a means for accomplishing local
community and economic development goals, ((coordinating and providing
emergency food assistance to distribution centers and needy
individuals,)) and providing for human service needs through community-based organizations.
(3) The department shall provide local communities and at-risk
individuals with programs that provide community protection and assist
in developing strategies to reduce substance abuse. The department
shall administer programs that develop collaborative approaches to
prevention, intervention, and interdiction programs. The department
shall administer programs that support crime victims, address youth and
domestic violence problems, provide indigent defense for low-income
persons, border town disputes, and administer family services and
programs to promote the state's policy as provided in RCW 74.14A.025.
(4) The department shall provide fire protection and emergency
management services to support and strengthen local capacity for
controlling risk to life, property, and community vitality that may
result from fires, emergencies, and disasters.
NEW SECTION. Sec. 3 (1) The emergency food assistance program in
the department of commerce is transferred to the department of
agriculture.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the emergency food
assistance program in the department of commerce shall be delivered to
the custody of the department of agriculture. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed
by the emergency food assistance program in the department of commerce
shall be made available to the department of agriculture. All funds,
credits, or other assets held by the emergency food assistance program
in the department of commerce shall be assigned to the department of
agriculture.
(b) Any appropriations made to the emergency food assistance
program in the department of commerce shall, on the effective date of
this section, be transferred and credited to the department of
agriculture.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees in the emergency food assistance program in the
department of commerce are transferred to the jurisdiction of the
department of agriculture. All employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the department
of agriculture to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the emergency food
assistance program in the department of commerce shall be continued and
acted upon by the department of agriculture. All existing contracts
and obligations shall remain in full force and shall be performed by
the department of agriculture.
(5) The transfer of the powers, duties, functions, and personnel of
the emergency food assistance program in the department of commerce
shall not affect the validity of any act performed before the effective
date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned
to the department of agriculture under this section whose positions are
within an existing bargaining unit description at the department of
agriculture shall become a part of the existing bargaining unit at the
department of agriculture and shall be considered an appropriate
inclusion or modification of the existing bargaining unit under the
provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 4 (1) The emergency food assistance program
and the commodity supplemental food program in the department of
general administration are transferred to the department of
agriculture.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the emergency food
assistance program and the commodity supplemental food program in the
department of general administration shall be delivered to the custody
of the department of agriculture. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
emergency food assistance program and the commodity supplemental food
program in the department of general administration shall be made
available to the department of agriculture. All funds, credits, or
other assets held by the emergency food assistance program and the
commodity supplemental food program in the department of general
administration shall be assigned to the department of agriculture.
(b) Any appropriations made to the emergency food assistance
program and the commodity supplemental food program in the department
of general administration shall, on the effective date of this section,
be transferred and credited to the department of agriculture.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees in the emergency food assistance program and the
commodity supplemental food program in the department of general
administration are transferred to the jurisdiction of the department of
agriculture. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the department of agriculture
to perform their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing state civil
service.
(4) All rules and all pending business before the emergency food
assistance program and the commodity supplemental food program in the
department of general administration shall be continued and acted upon
by the department of agriculture. All existing contracts and
obligations shall remain in full force and shall be performed by the
department of agriculture.
(5) The transfer of the powers, duties, functions, and personnel of
the emergency food assistance program and the commodity supplemental
food program in the department of general administration shall not
affect the validity of any act performed before the effective date of
this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of general
administration assigned to the department of agriculture under this
section whose positions are within an existing bargaining unit
description at the department of agriculture shall become a part of the
existing bargaining unit at the department of agriculture and shall be
considered an appropriate inclusion or modification of the existing
bargaining unit under the provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 5 This act takes effect July 1, 2010.