Bill Text: IA SF2307 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to providing food to persons in need, including the donation of food to be distributed by food banks and emergency feeding organizations, the establishment of prison gardens, providing for appropriations, and including effective date provisions. (Formerly SSB 3138.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-31 - Committee report, approving bill. S.J. 614. [SF2307 Detail]

Download: Iowa-2015-SF2307-Introduced.html
Senate File 2307 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON
                                     APPROPRIATIONS

                                 (SUCCESSOR TO SSB
                                     3138)

                                      A BILL FOR

  1 An Act relating to providing food to persons in need, including
  2    the donation of food to be distributed by food banks and
  3    emergency feeding organizations, the establishment of
  4    prison gardens, providing for appropriations, and including
  5    effective date provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1                           DIVISION I
  1  2             FOOD DONATION ON STATE CAPITOL PREMISES
  1  3    Section 1.  NEW SECTION.  2.43A  Food served on state capitol
  1  4 premises.
  1  5    1.  As used in this section, unless the context otherwise
  1  6 requires:
  1  7    a.  "Apparently wholesome food" means food that meets all
  1  8 quality and labeling standards or requirements adopted by the
  1  9 federal and state governments, and the city of Des Moines,
  1 10 even though the food may not be readily marketable due to
  1 11 appearance, age, freshness, grade, size, surplus, or other
  1 12 conditions.
  1 13    b.  "Emergency feeding organization" means the same as
  1 14 defined in section 190B.201.
  1 15    c.  "Food bank" means the same as defined in section
  1 16 190B.201.
  1 17    2.  The secretary of the senate and the chief clerk of
  1 18 the house of representatives shall require any person who
  1 19 is approved to sponsor an event within or on the grounds of
  1 20 the state capitol during which the person offers food to all
  1 21 members of the general assembly during a legislative session
  1 22 to offer to donate any unconsumed apparently wholesome food
  1 23 to a food bank or an emergency feeding organization. The
  1 24 legislative council may also require any person who is approved
  1 25 by the legislative council to sponsor an event within or on the
  1 26 grounds of the state capitol during which the person provides
  1 27 food to offer to donate any unconsumed apparently wholesome
  1 28 food to a food bank or emergency feeding organization.
  1 29                           DIVISION II
  1 30  FOOD DONATION PROGRAMS ==== DEPARTMENT OF AGRICULTURE AND LAND
  1 31                           STEWARDSHIP
  1 32    Sec. 2.  Section 190B.101, Code 2016, is amended to read as
  1 33 follows:
  1 34    190B.101  Definitions.
  1 35    As used in this chapter subchapter, unless the context
  2  1 otherwise requires:
  2  2    1.  "Department" means the department of revenue.
  2  3    2.  "Tax credit" means the from farm to food donation tax
  2  4 credit as established in this chapter subchapter.
  2  5    Sec. 3.  NEW SECTION.  190B.201  Definitions.
  2  6    As used in this subchapter, unless the context otherwise
  2  7 requires:
  2  8    1.  "Department" means the department of agriculture and land
  2  9 stewardship.
  2 10    2.  "Eligible agricultural product" or "product" means any
  2 11 commodity that is derived from an agricultural animal or crop,
  2 12 both as defined in section 717A.1, which is intended for human
  2 13 consumption as food in its raw or processed state.
  2 14    3.  "Emergency feeding organization" means an emergency
  2 15 feeding organization as defined in section 7 U.S.C. {7501 that
  2 16 serves Iowans and operates at a congregate nutritional site.
  2 17    4.  "Food" means a substance which is used in whole or in
  2 18 part for human consumption in compliance with federal and state
  2 19 standards or requirements, including a donated food that meets
  2 20 the requirements of the federal emergency food assistance
  2 21 program, as provided in 7 C.F.R. pts. 250 and 251.
  2 22    5.  "Food bank" means a private nonprofit entity that serves
  2 23 Iowans and meets all of the following requirements:
  2 24    a.  The food bank is organized under chapter 504.
  2 25    b.  The food bank qualifies under section 501(c)(3) of the
  2 26 Internal Revenue Code as an organization exempt from federal
  2 27 income tax under section 501(a) of the Internal Revenue Code.
  2 28    c.  The food bank maintains an established operation
  2 29 involving the provision of food or edible commodities or the
  2 30 products thereof on a regular basis to persons in need or to
  2 31 food pantries, soup kitchens, hunger relief centers, or other
  2 32 food or feeding centers that, as an integral part of their
  2 33 normal activities, provide meals or food on a regular basis to
  2 34 persons in need.
  2 35    6.  "Iowa food bank association" or "association" means
  3  1 a private nonprofit entity that meets all of the following
  3  2 requirements:
  3  3    a.  The association is organized under chapter 504.
  3  4    b.  The association qualifies under section 501(c)(3) of the
  3  5 Internal Revenue Code as an organization exempt from federal
  3  6 income tax under section 501(a) of the Internal Revenue Code.
  3  7    c.  The association's members include food banks, or
  3  8 affiliations of food banks, that together serve all counties
  3  9 in this state.
  3 10    d.  The association's principal office is located in this
  3 11 state.
  3 12    Sec. 4.  NEW SECTION.  190B.202  Administration ==== use of
  3 13 moneys and oversight.
  3 14    1.  This subchapter shall be administered by the department
  3 15 of agriculture and land stewardship.  In adopting rules
  3 16 and administering the Iowa agricultural products clearance
  3 17 program established under section 190B.204, the department
  3 18 shall cooperate with the department of human services and the
  3 19 department of inspections and appeals.
  3 20    2.  A program established in this subchapter shall be managed
  3 21 by an Iowa food bank association selected by the department.
  3 22 The association shall report to the department as required by
  3 23 the department.
  3 24    3.  A program established in this subchapter shall be carried
  3 25 out only to the extent that moneys are available to support
  3 26 the program.  The department may support a program from moneys
  3 27 appropriated by the general assembly to fund the program's
  3 28 purpose and any other moneys available to and obtained or
  3 29 accepted by the department from the federal government or
  3 30 private sources.
  3 31    Sec. 5.  NEW SECTION.  190B.203  Management of programs ====
  3 32 Iowa food bank association.
  3 33    1.  The department shall enter into a contract with an Iowa
  3 34 food bank association to manage programs established under this
  3 35 subchapter.
  4  1    2.  In managing a program, the association shall do all of
  4  2 the following:
  4  3    a.  Acquire eligible agricultural products, including by
  4  4 purchase.
  4  5    b.  Arrange for the processing and packaging of eligible
  4  6 agricultural products into food, when such processing is
  4  7 necessary to comply with federal and state food safety
  4  8 regulations.
  4  9    c.  Provide for the storage and transportation of eligible
  4 10 agricultural products.
  4 11    d.  Provide for the distribution of eligible agricultural
  4 12 products.
  4 13    3.  In managing a program, the association shall to every
  4 14 extent feasible create and expand significant economic benefits
  4 15 in local communities.  The association shall purchase products
  4 16 and services from individuals and businesses located in this
  4 17 state whenever the price is reasonably competitive and the
  4 18 quality as intended.
  4 19    Sec. 6.  NEW SECTION.  190B.204  Iowa agricultural products
  4 20 clearance program ==== establishment and purpose.
  4 21    1.  The department shall establish an Iowa agricultural
  4 22 products clearance program to be managed by an Iowa food bank
  4 23 association selected by the department as provided in section
  4 24 190B.203.
  4 25    2.  The purpose of the program is to acquire surplus
  4 26 eligible agricultural products from agricultural producers and
  4 27 other persons in order to prevent unnecessary waste, reduce
  4 28 economic losses associated with paying for the processing
  4 29 and transportation of such products that otherwise do not
  4 30 have profitable markets, and to provide nutritional food to
  4 31 low=income families and individuals who reside in this state
  4 32 and to unemployed families and individuals who reside in this
  4 33 state.
  4 34    3.  The Iowa food bank association managing the program
  4 35 shall only distribute eligible agricultural products under the
  5  1 program to Iowa food banks in this state and emergency feeding
  5  2 organizations in this state.
  5  3    Sec. 7.  NEW SECTION.  190B.205  Iowa emergency food purchase
  5  4 program ==== establishment and purpose.
  5  5    1.  The department shall establish an Iowa emergency food
  5  6 purchase program to be managed by an Iowa food bank association
  5  7 selected by the department as provided in section 190B.203.
  5  8    2.  The purpose of the program is to relieve situations of
  5  9 emergency experienced by families or individuals who reside in
  5 10 this state, including low=income families and individuals and
  5 11 unemployed families and individuals, by distributing food to
  5 12 those persons.
  5 13    3.  The Iowa food bank association managing the program shall
  5 14 only distribute food under the program to emergency feeding
  5 15 organizations in this state.
  5 16    Sec. 8.  FOOD DONATION PROGRAMS.
  5 17    1.  There is appropriated from the general fund of the state
  5 18 to the department of agriculture and land stewardship for the
  5 19 fiscal year beginning July 1, 2015, and ending June 30, 2016,
  5 20 the following amounts, or so much thereof as is necessary, to
  5 21 be used for the purposes designated:
  5 22    a.  For purposes of supporting the Iowa agricultural
  5 23 products clearance program provided in chapter 190B, subchapter
  5 24 II, as enacted in this Act:
  5 25 .................................................. $    600,000
  5 26    (1)  Of the amount appropriated in this paragraph "a", up to
  5 27 $500,000 shall be allocated for purposes of purchasing eligible
  5 28 agricultural products for use as food, processing eligible
  5 29 agricultural products into food, and packaging such processed
  5 30 eligible agricultural products.
  5 31    (2)  Of the amount appropriated in this paragraph "a", up to
  5 32 $100,000 shall be allocated for purposes of providing for the
  5 33 storage and transportation of eligible agricultural products.
  5 34    b.  (1)  For purposes of supporting the Iowa emergency food
  5 35 purchase program provided in chapter 190B, subchapter II, as
  6  1 enacted in this Act:
  6  2 .................................................. $    250,000
  6  3    (2)  The moneys appropriated in this paragraph "b" shall be
  6  4 allocated to support the Iowa emergency food purchase program
  6  5 only to the extent that the allocated moneys are matched on a
  6  6 dollar=for=dollar basis.
  6  7    2.  Notwithstanding section 8.33, moneys appropriated in
  6  8 subsection 1 that remain unencumbered or unobligated at the
  6  9 close of the fiscal year shall not revert but shall remain
  6 10 available for expenditure for the purposes designated until the
  6 11 close of the fiscal year beginning July 1, 2017.
  6 12    Sec. 9.  EFFECTIVE UPON ENACTMENT.  This division of this
  6 13 Act, being deemed of immediate importance, takes effect upon
  6 14 enactment.
  6 15                          DIVISION III
  6 16         DEPARTMENT OF CORRECTIONS ==== GARDENING PROGRAM
  6 17    Sec. 10.  NEW SECTION.  904.302A  Gardening program.
  6 18    1.  The director shall establish a gardening program for
  6 19 growing and harvesting produce, including edible vegetables,
  6 20 at each correctional facility operated by the department, to
  6 21 the extent that the director determines that security and space
  6 22 requirements allow for the garden's creation and operation.
  6 23 The director may appoint the farm operations administrator to
  6 24 oversee the program. A garden established pursuant to the
  6 25 program shall be tended by inmates of the correctional facility
  6 26 as determined by the director. The produce harvested from
  6 27 the garden may be used to feed the correctional facility's
  6 28 population or may be donated to a food bank as defined in
  6 29 section 190B.201 designated by the director.  The food bank
  6 30 must be located in proximity to the correctional facility where
  6 31 the garden is situated.  Any excess produce that is not used
  6 32 to feed the correctional facility's inmate population shall be
  6 33 donated to the designated food bank.
  6 34    2.  a.  This section does not authorize the department or an
  6 35 inmate of a correctional facility to claim a from farm to food
  7  1 donation tax credit as established in chapter 190B, subchapter
  7  2 I.
  7  3    b.  This section does not apply to a garden operated by Iowa
  7  4 state industries as defined in section 904.802.
  7  5                           EXPLANATION
  7  6 The inclusion of this explanation does not constitute agreement with
  7  7 the explanation's substance by the members of the general assembly.
  7  8    GENERAL.  This bill provides for the distribution of raw
  7  9 and processed food to two types of nonprofit organizations:
  7 10 food banks and emergency feeding organizations, both of which
  7 11 are involved in distributing food to low=income families and
  7 12 individuals and unemployed families and individuals in this
  7 13 state.  The bill provides for the donation of food by sponsors
  7 14 of legislative events conducted on the premises of the state
  7 15 capitol; the establishment of three distribution programs, two
  7 16 within the department of agriculture and land stewardship, with
  7 17 accompanying appropriations, and one within the Iowa department
  7 18 of corrections.
  7 19    FOOD SERVED ON STATE CAPITOL PREMISES.  The bill provides
  7 20 that, during a legislative session, a sponsor conducting
  7 21 an event within or on the grounds of the state capitol to
  7 22 which all legislative members are invited must offer to
  7 23 donate apparently wholesome food to a food bank or emergency
  7 24 feeding organization under the direction of the secretary of
  7 25 the senate or chief clerk of the house of representatives.
  7 26 The legislative council may also require that a legislative
  7 27 council=approved sponsor of an event located on the same
  7 28 premises offer to donate apparently wholesome food to a food
  7 29 bank or emergency feeding organization.
  7 30    PROGRAMS AND APPROPRIATIONS.  An Iowa food bank association,
  7 31 which is a private nonprofit entity with its principal office
  7 32 located in this state and comprised of food bank members, is
  7 33 to manage two programs under a contract entered into with
  7 34 the department of agriculture and land stewardship. The
  7 35 programs allow the association to purchase or otherwise
  8  1 acquire: eligible agricultural products which include both (1)
  8  2 agricultural commodities that can be consumed in a raw state
  8  3 and (2) agricultural commodities that can be processed into
  8  4 food.  The programs also provide for the packaging, storing,
  8  5 and transporting of eligible agricultural products to nonprofit
  8  6 organizations for distribution.  The Iowa agricultural products
  8  7 clearance program is established to distribute eligible
  8  8 agricultural products to both food banks and emergency feeding
  8  9 organizations.  The Iowa emergency food purchase program is
  8 10 established to distribute food to food banks and emergency
  8 11 feeding organizations.  The bill appropriates moneys from the
  8 12 general fund for the fiscal year 2015=2016 to the department to
  8 13 support administration of the two programs.
  8 14    A prison gardening program is to be established by the
  8 15 director of the Iowa department of corrections.  Under this
  8 16 program, the director is to establish gardens subject to
  8 17 security and space requirements at each correctional facility.
  8 18 Any garden produce must be either consumed within the prison or
  8 19 donated to a food bank.
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