Senate File 338 - Introduced SENATE FILE 338 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1123) A BILL FOR An Act providing for charitable food donations to food banks 1 and similar organizations, and providing for appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1573SV (3) 86 da/sc
S.F. 338 Section 1. NEW SECTION . 190D.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Department” means the department of human services. 4 2. “Federal emergency food assistance program” means the 5 federal emergency food assistance program, as provided in 7 6 C.F.R. pts. 250 and 251. 7 3. “Food” means a substance which is used in whole or in 8 part for human consumption in compliance with federal and state 9 standards or requirements, including a donated food that meets 10 the requirements of the federal emergency food assistance 11 program. 12 4. “Iowa emergency feeding organization” means a public or 13 private nonprofit organization whose mission is compatible with 14 the purpose of this chapter as provided in section 190D.3 and 15 which includes an Iowa food bank or other organization that 16 operates at a congregate nutritional site or that provides 17 home-delivered meals in this state. An Iowa emergency feeding 18 organization includes but is not limited to a food pantry, 19 hunger relief center, or soup kitchen. 20 5. “Iowa food bank” means a private nonprofit organization 21 that meets all of the following requirements: 22 a. It receives, holds, and directly or indirectly 23 distributes food principally to Iowa emergency feeding 24 organizations in a manner compatible with the purpose of this 25 chapter as provided in section 190D.3. 26 b. It is an organization described in section 501(c)(3) 27 of the Internal Revenue Code and exempt from taxation under 28 section 501(a) of the Internal Revenue Code. 29 c. It receives contributions that are deductible under 30 section 170 of the Internal Revenue Code. 31 6. “Iowa food bank association” or “association” means an 32 organization that meets all of the following requirements: 33 a. It is organized as a nonprofit corporation under chapter 34 504. 35 -1- LSB 1573SV (3) 86 da/sc 1/ 4
S.F. 338 b. Its principal office is or has been located in this 1 state. 2 c. It is an organization described in section 501(c)(3) 3 of the Internal Revenue Code and exempt from taxation under 4 section 501(a) of the Internal Revenue Code. 5 d. It receives contributions that are deductible under 6 section 170 of the Internal Revenue Code. 7 e. Its members include Iowa food banks, or affiliations 8 of Iowa food banks, that together serve all counties in this 9 state. 10 Sec. 2. NEW SECTION . 190D.2 Department of human services 11 —— administration. 12 1. This chapter shall be administered by the department of 13 human services. 14 2. The department shall adopt all rules necessary to 15 administer this chapter. 16 Sec. 3. NEW SECTION . 190D.3 Iowa emergency food purchase 17 program —— purpose. 18 1. An Iowa emergency food purchase program is established in 19 the department. The purpose of the program is to effectively 20 and efficiently utilize Iowa’s abundant supplies of nutritional 21 food to relieve situations of emergency experienced by 22 individuals or families in need who reside in this state, 23 including low-income individuals or families and unemployed 24 individuals or families. 25 2. To the extent moneys are available, the department shall 26 execute a contract with the association to provide for the 27 terms and conditions of the program’s management. A contract 28 shall not obligate the state to pay moneys for multiple fiscal 29 years. 30 Sec. 4. APPROPRIATIONS —— IOWA EMERGENCY FOOD PURCHASE 31 PROGRAM. 32 1. There is appropriated from the general fund of the 33 state to the department of human services for the fiscal year 34 beginning July 1, 2015, and ending June 30, 2016, the following 35 -2- LSB 1573SV (3) 86 da/sc 2/ 4
S.F. 338 amount, or so much thereof as is necessary, to be used for the 1 purposes designated: 2 a. For purposes of supporting the Iowa emergency food 3 purchase program established in chapter 190D, as enacted in 4 this Act: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 b. The moneys appropriated in paragraph “a” shall be 7 allocated only to the extent that the allocated moneys are 8 matched on a dollar-for-dollar basis with moneys contributed by 9 the federal government, a local government, or private source 10 in the form of cash or in-kind resources. 11 2. The department shall allocate the amount appropriated in 12 subsection 1 to an Iowa food bank association selected by the 13 department as provided in section 190D.3, as enacted in this 14 Act, to manage the Iowa emergency food purchase program. 15 a. The moneys shall be used exclusively to do any of the 16 following: 17 (1) Purchase food on behalf of an Iowa emergency feeding 18 organization. 19 (2) Distribution to an Iowa emergency feeding organization 20 for the purchase of food. 21 b. The moneys shall be used in accordance with all of the 22 following: 23 (1) A preference shall be provided to the purchase of food 24 produced, processed, or packaged within this state whenever 25 reasonably practicable. 26 (2) The food shall be purchased in a manner that best 27 furthers a significant economic benefit to communities of this 28 state. 29 3. Notwithstanding section 8.33, moneys appropriated in 30 this section shall not revert but shall remain available for 31 expenditure for the purposes designated until the close of the 32 fiscal year beginning July 1, 2017. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 1573SV (3) 86 da/sc 3/ 4
S.F. 338 the explanation’s substance by the members of the general assembly. 1 This bill creates an Iowa emergency food purchase program 2 within the department of human services and managed by an Iowa 3 food bank association selected by the department to relieve 4 situations of emergency experienced by individuals or families 5 in need who reside in this state. 6 The bill appropriates moneys from the general fund to 7 the department for the 2015-2016 fiscal year in order to 8 support the program. The appropriation is to support the 9 direct purchase of food on behalf of an Iowa emergency feeding 10 organization or distribution of moneys to such organization 11 for the purchase of food. The appropriated moneys must be 12 allocated on a matching basis from moneys contributed by 13 nonstate sources. 14 -4- LSB 1573SV (3) 86 da/sc 4/ 4