First Regular Session
Sixty-second General Assembly
LLS NO. 99-0767.01 Beth Braby HOUSE BILL 99-1346
STATE OF COLORADO
BY REPRESENTATIVES Tool, George;
also SENATOR Lacy.
REENGROSSED
HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE CREATION OF A COMMUNITY FOOD DISTRIBUTION
102 PROGRAM, AND MAKING AN APPROPRIATION THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the community food distribution program ("program")
within the state department of human services. Requires the executive
director of the state department to implement the program in order to
provide for the transportation, storage, and distribution of nutritional food
products to emergency food providers for ultimate distribution to
individuals in need of food assistance.
Specifies that the program be operated through contracts with
private, nonprofit food banks for the purchase, transportation, storage,
and distribution of food to emergency food providers. Details the
eligibility requirements of nonprofit food banks for contract
consideration.
Creates the community food distribution fund and authorizes the
state department to accept any gifts, grants, or awards of funds from state,
federal, or private sources for use in furthering the program.
Makes an appropriation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 2 of title 26, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PART to read:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 PART 10
2 COMMUNITY FOOD DISTRIBUTION PROGRAM
3 26-2-1001. Short title. THIS PART 10 SHALL BE KNOWN AND MAY
4 BE CITED AS THE "COMMUNITY FOOD DISTRIBUTION PROGRAM ACT".
5 [
6
7 ] [26-2-1002.] Definitions. AS USED IN THIS PART 10, UNLESS THE
8 CONTEXT OTHERWISE REQUIRES:
9 (1) "EMERGENCY FOOD PROVIDER" MEANS A NONPROFIT
10 ORGANIZATION THAT OPERATES A FOOD PANTRY, SOUP KITCHEN, OR OTHER
11 PROGRAM TO RELIEVE HUNGER, UNDER-NUTRITION, AND FOOD SHORTAGES
12 AMONG THE WORKING POOR AND OTHERS IN NEED OF FOOD ASSISTANCE.
13 (2) "FOOD BANK" MEANS A NONPROFIT CHARITABLE
14 ORGANIZATION QUALIFIED UNDER THE PROVISIONS OF SECTION 501 (C) (3)
15 OF THE "INTERNAL REVENUE CODE OF 1986", PUBLIC LAW 99-514, 26
16 U.S.C. SEC. 1, ET SEQ., THAT MAINTAINS AN ESTABLISHED OPERATION
17 INVOLVING THE PROVISION OF FOOD TO NONPROFIT FOOD PANTRIES, SOUP
18 KITCHENS, SHELTERS, OR FEEDING CENTERS THAT PROVIDE FOOD
19 PACKAGES OR MEALS TO PEOPLE IN NEED OF FOOD ASSISTANCE.
20 (3) "PROGRAM" MEANS THE COMMUNITY FOOD DISTRIBUTION
21 PROGRAM CREATED IN THIS PART 10.
22 [26-2-1003.] Powers and duties of the executive director -
23 community food distribution program. (1) THE EXECUTIVE DIRECTOR
24 OF THE STATE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT A
25 COMMUNITY FOOD DISTRIBUTION PROGRAM THAT SHALL PROVIDE FUNDS
26 TO FOOD BANKS FOR THE OPERATION OF THE PROGRAM.
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1 (2) THE STATE DEPARTMENT SHALL CONTRACT WITH FOOD BANKS
2 FOR THE PURCHASE, TRANSPORTATION, STORAGE, AND DISTRIBUTION OF
3 NUTRITIONAL FOOD PRODUCTS TO EMERGENCY FOOD PROVIDERS. AT A
4 MINIMUM, ELIGIBILITY FOR CONSIDERATION FOR SUCH A CONTRACT SHALL
5 REQUIRE THAT FOOD BANKS:
6 (a) PROVIDE STATEWIDE FOOD DISTRIBUTION THROUGH AN
7 EXISTING STATEWIDE FOOD DISTRIBUTION NETWORK;
8 (b) OPERATE WITH A COMMITMENT TO SERVING THE WORKING
9 POOR AND OTHER LOW-INCOME HOUSEHOLDS WITH EMERGENT NEEDS;
10 (c) WAIVE ANY FEES NORMALLY LEVIED ON EMERGENCY FOOD
11 PROVIDERS FOR FOOD PRODUCTS PURCHASED WITH STATE FUNDS; AND
12 (d) PURCHASE AS MUCH OF THE NUTRITIONAL FOOD PRODUCTS AS
13 POSSIBLE FROM COLORADO FOOD SOURCES.
14 (3) THE STATE DEPARTMENT IS AUTHORIZED TO ACCEPT ANY GIFT,
15 GRANT, OR AWARD OF FUNDS FROM THE STATE OR FEDERAL GOVERNMENT
16 OR FROM PRIVATE SOURCES FOR THE FURTHERANCE OF THE PURPOSES OF
17 THIS PART 10.
18 [26-2-1004.] Community food distribution fund - creation.
19 (1) THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY THE
20 COMMUNITY FOOD DISTRIBUTION FUND, REFERRED TO IN THIS SECTION AS
21 THE "FUND", WHICH SHALL BE SUBJECT TO ANNUAL APPROPRIATION TO THE
22 STATE DEPARTMENT BY THE GENERAL ASSEMBLY FOR THE PURPOSES OF
23 THIS PART 10. THE FUND SHALL BE CREDITED WITH SUCH APPROPRIATIONS
24 AS THE GENERAL ASSEMBLY MAY MAKE FROM THE GENERAL FUND FOR
25 THIS PROGRAM, AS WELL AS ANY GIFTS, GRANTS, OR AWARDS RECEIVED
26 PURSUANT TO SECTION [26-2-1003 (3)]. IN ACCORDANCE WITH SECTION
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1 24-36-114, C.R.S., ALL INTEREST DERIVED FROM THE DEPOSIT AND
2 INVESTMENT OF THIS FUND SHALL BE CREDITED TO THE GENERAL FUND.
3 (2) AT THE END OF ANY FISCAL YEAR, ALL UNEXPENDED AND
4 UNENCUMBERED MONEYS IN THE FUND SHALL REMAIN THEREIN FOR
5 PURPOSES OF THIS PART 10 AND SHALL NOT BE CREDITED OR TRANSFERRED
6 TO THE GENERAL FUND OR ANY OTHER FUND.
7 SECTION 2. [Appropriation - adjustment in 1999 long bill.]
8 (1) In addition to any other appropriation, there is hereby appropriated,
9 out of any moneys in the general fund not otherwise appropriated, for the
10 fiscal year beginning July 1, 1999, to the community food distribution
11 fund created in section [26-2-1004], Colorado Revised Statutes, the sum of
12 one million one hundred thousand dollars ($1,100,000), to be used for
13 purposes consistent with the creation of the community food distribution
14 program as specified in section [26-2-1003], Colorado Revised Statutes.
15 (2) In addition to any other appropriation, there is hereby
16 appropriated, out of the community food distribution fund created in
17 section [26-2-1004], Colorado Revised Statutes, to the department of
18 human services, for the fiscal year beginning July 1, 1999, the sum of one
19 million one hundred thousand dollars ($1,100,000), or so much as may
20 be necessary, for the implementation of the community food distribution
21 program as specified in section [26-2-1003], Colorado Revised Statutes.
22 [(3) For the implementation of this act, appropriations made in the
23 annual general appropriations act for the fiscal year beginning July 1,
24 1999, shall be adjusted as follows:
25 (a) The general fund appropriation to the department of human
26 services, self-sufficiency, Colorado works program, for county block
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1 grants, is reduced by one million one hundred thousand dollars
2 ($1,100,000).
3 (b) The appropriation from the federal temporary assistance to
4 needy families block grant to the department of human services,
5 self-sufficiency, Colorado works program, for county block grants, is
6 increased by one million one hundred thousand dollars ($1,100,000).]
7 SECTION 3. Effective date. This act shall take effect at 12:01
8 a.m. on the day following the expiration of the ninety-day period after
9 final adjournment of the general assembly that is allowed for submitting
10 a referendum petition pursuant to article V, section 1 (3) of the state
11 constitution; except that, if a referendum petition is filed against this act
12 or an item, section, or part of this act within such period, then the act,
13 item, section, or part, if approved by the people, shall take effect on the
14 date of the official declaration of the vote thereon by proclamation of the
15 governor.