Senate Study Bill 1123 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) 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 1573XC (3) 86 da/sc

S.F. _____ 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 1573XC (3) 86 da/sc 1/ 3

S.F. _____ 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. Each fiscal year, the department shall award the 26 amount appropriated in section 190D.4, to an Iowa food bank 27 association selected by the department to manage the Iowa 28 emergency food purchase program. The department shall execute 29 a contract with the association to provide for the terms and 30 conditions of the program’s management. A contract shall not 31 obligate the state to pay moneys for multiple fiscal years. 32 Sec. 4. NEW SECTION . 190D.4 Appropriation. 33 1. For the fiscal year beginning July 1, 2015, and ending 34 June 30, 2016, and for each subsequent fiscal year, there 35 -2- LSB 1573XC (3) 86 da/sc 2/ 3

S.F. _____ is appropriated from the general fund of the state to the 1 department the amount of two million dollars to support the 2 Iowa emergency food purchase program. 3 2. The department shall allocate the amount appropriated 4 in subsection 1 to an Iowa food bank association selected by 5 the department as provided in section 190D.3 to manage the Iowa 6 emergency food purchase program. 7 a. The moneys shall be used exclusively to do any of the 8 following: 9 (1) Purchase food on behalf of an Iowa emergency feeding 10 organization. 11 (2) Distribution to an Iowa emergency feeding organization 12 for the purchase of food. 13 b. The moneys shall be used in accordance with all of the 14 following: 15 (1) A preference shall be provided to the purchase of food 16 produced, processed, or packaged within this state whenever 17 reasonably practicable. 18 (2) The food shall be purchased in a manner that best 19 furthers a significant economic benefit to communities of this 20 state. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill creates an Iowa emergency food purchase program 25 within the department of human services and managed by an Iowa 26 food bank association selected by the department to relieve 27 situations of emergency experienced by individuals or families 28 in need who reside in this state. 29 Each fiscal year, moneys from the general fund are 30 appropriated to the department in order to support the program. 31 The program includes the direct purchase of food on behalf 32 of an Iowa emergency feeding organization or distribution of 33 moneys to such organization for the purchase of food. 34 -3- LSB 1573XC (3) 86 da/sc 3/ 3