9-4-1409 - Qualified Emergency Food Agencies Fund -- Expenditure of revenues.
9-4-1409. Qualified Emergency Food Agencies Fund -- Expenditure of revenues.
(1) As used in this section:
(a) "Association of governments" means the following created under the authority ofTitle 11, Chapter 13, Interlocal Cooperation Act:
(i) an association of governments; or
(ii) a regional council that acts as an association of governments.
(b) "Food and food ingredients" is as defined in Section 59-12-102.
(c) "Pounds of food donated" means the aggregate number of pounds of food and foodingredients that are donated:
(i) to a qualified emergency food agency; and
(ii) by a person, other than an organization that as part of its activities operates a programthat has as the program's primary purpose to:
(A) warehouse and distribute food to other agencies and organizations providing foodand food ingredients to low-income persons; or
(B) provide food and food ingredients directly to low-income persons.
(d) "Qualified emergency food agency" means an organization that:
(i) is:
(A) exempt from federal income taxation under Section 501(c)(3), Internal RevenueCode; or
(B) an association of governments;
(ii) as part of its activities operates a program that has as the program's primary purposeto:
(A) warehouse and distribute food to other agencies and organizations providing foodand food ingredients to low-income persons; or
(B) provide food and food ingredients directly to low-income persons; and
(iii) the office determines to be a qualified emergency food agency.
(2) There is created a restricted special revenue fund known as the Qualified EmergencyFood Agencies Fund.
(3) (a) The Qualified Emergency Food Agencies Fund shall be funded by the sales anduse tax revenues described in:
(i) Section 59-12-103;
(ii) Section 59-12-204; and
(iii) Section 59-12-1102.
(b) Any interest earned on the Qualified Emergency Food Agencies Fund shall bedeposited into the General Fund.
(4) The office shall for a fiscal year distribute monies deposited into the QualifiedEmergency Food Agencies Fund to qualified emergency food agencies within the state asprovided in this section.
(5) A qualified emergency food agency shall file an application with the office before thequalified emergency food agency may receive a distribution under this section.
(6) Except as provided in Subsection (7), the office shall for a fiscal year distribute to aqualified emergency food agency an amount equal to the product of:
(a) the pounds of food donated to the qualified emergency food agency during that fiscalyear; and
(b) $.12.
(7) If the monies deposited into the Qualified Emergency Food Agencies Fund areinsufficient to make the distributions required by Subsection (6), the office shall makedistributions to qualified emergency food agencies in the order that the office receivesapplications from the qualified emergency food agencies until all of the monies deposited intothe Qualified Emergency Food Agencies Fund for the fiscal year are expended.
(8) A qualified emergency food agency may expend a distribution received in accordancewith this section only for a purpose related to:
(a) warehousing and distributing food and food ingredients to other agencies andorganizations providing food and food ingredients to low-income persons; or
(b) providing food and food ingredients directly to low-income persons.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theDivision of Housing and Community Development may make rules providing procedures forimplementing the distributions required by this section, including:
(a) standards for determining and verifying the amount of a distribution that a qualifiedemergency food agency may receive;
(b) procedures for a qualified emergency food agency to apply for a distribution,including the frequency with which a qualified emergency food agency may apply for adistribution; and
(c) consistent with Subsection (1)(d), determining whether an entity is a qualifiedemergency food agency.
Amended by Chapter 385, 2009 General Session