SF 338 (LSB 1573SV (3) 86)

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 and similar organizations, and providing for appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  190D.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Department” means the department of human services.
   2.  “Federal emergency food assistance program” means the federal emergency food assistance program, as provided in 7 C.F.R. pts. 250 and 251.
   3.  “Food” means a substance which is used in whole or in part for human consumption in compliance with federal and state standards or requirements, including a donated food that meets the requirements of the federal emergency food assistance program.
   4.  “Iowa emergency feeding organization” means a public or private nonprofit organization whose mission is compatible with the purpose of this chapter as provided in section 190D.3 and which includes an Iowa food bank or other organization that operates at a congregate nutritional site or that provides home-delivered meals in this state. An Iowa emergency feeding organization includes but is not limited to a food pantry, hunger relief center, or soup kitchen.
   5.  “Iowa food bank” means a private nonprofit organization that meets all of the following requirements:
   a.  It receives, holds, and directly or indirectly distributes food principally to Iowa emergency feeding organizations in a manner compatible with the purpose of this chapter as provided in section 190D.3.
   b.  It is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of the Internal Revenue Code.
   c.  It receives contributions that are deductible under section 170 of the Internal Revenue Code.
   6.  “Iowa food bank association” or “association” means an organization that meets all of the following requirements:
   a.  It is organized as a nonprofit corporation under chapter 504.
   b.  Its principal office is or has been located in this state.
   c.  It is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of the Internal Revenue Code.
   d.  It receives contributions that are deductible under section 170 of the Internal Revenue Code.
   e.  Its members include Iowa food banks, or affiliations of Iowa food banks, that together serve all counties in this state.
    Sec. 2.  NEW SECTION.  190D.2  Department of human services —— administration.
   1.  This chapter shall be administered by the department of human services.
   2.  The department shall adopt all rules necessary to administer this chapter.
    Sec. 3.  NEW SECTION.  190D.3  Iowa emergency food purchase program —— purpose.
   1.  An Iowa emergency food purchase program is established in the department. The purpose of the program is to effectively and efficiently utilize Iowa’s abundant supplies of nutritional food to relieve situations of emergency experienced by individuals or families in need who reside in this state, including low-income individuals or families and unemployed individuals or families.
   2.  To the extent moneys are available, the department shall execute a contract with the association to provide for the terms and conditions of the program’s management. A contract shall not obligate the state to pay moneys for multiple fiscal years.
    Sec. 4.  APPROPRIATIONS —— IOWA EMERGENCY FOOD PURCHASE PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For purposes of supporting the Iowa emergency food purchase program established in chapter 190D, as enacted in this Act:

.................................................. $  2,000,000

   b.  The moneys appropriated in paragraph “a” shall be allocated only to the extent that the allocated moneys are matched on a dollar-for-dollar basis with moneys contributed by the federal government, a local government, or private source in the form of cash or in-kind resources.
   2.  The department shall allocate the amount appropriated in subsection 1 to an Iowa food bank association selected by the department as provided in section 190D.3, as enacted in this Act, to manage the Iowa emergency food purchase program.
   a.  The moneys shall be used exclusively to do any of the following:
   (1)  Purchase food on behalf of an Iowa emergency feeding organization.
   (2)  Distribution to an Iowa emergency feeding organization for the purchase of food.
   b.  The moneys shall be used in accordance with all of the following:
   (1)  A preference shall be provided to the purchase of food produced, processed, or packaged within this state whenever reasonably practicable.
   (2)  The food shall be purchased in a manner that best furthers a significant economic benefit to communities of this state.
   3.  Notwithstanding section 8.33, moneys appropriated in this section shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2017.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill creates an Iowa emergency food purchase program within the department of human services and managed by an Iowa food bank association selected by the department to relieve situations of emergency experienced by individuals or families in need who reside in this state.
   The bill appropriates moneys from the general fund to the department for the 2015-2016 fiscal year in order to support the program. The appropriation is to support the direct purchase of food on behalf of an Iowa emergency feeding organization or distribution of moneys to such organization for the purchase of food. The appropriated moneys must be allocated on a matching basis from moneys contributed by nonstate sources.