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.