Qualified Emergency Food Agencies Fund -- Expenditure of revenues.

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  • (1) As used in this section:
    • (a) "Association of governments" means the following created under the authority of Title 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" means the same as that term is defined in Section 59-12-102.
    • (c) "Qualified emergency food agency" means an organization that:
      • (i) is:
        • (A) exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
        • (B) an association of governments; or
        • (C) a food pantry operated by a municipality located within the state;
      • (ii) as part of its activities operates a program that has as the program's primary purpose to:
        • (A) warehouse and distribute food to other agencies and organizations providing food and 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 an expendable special revenue fund known as the Qualified Emergency Food Agencies Fund.
  • (3)
    • (a) The Qualified Emergency Food Agencies Fund shall be funded by the sales and use 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 be deposited into the General Fund.
  • (4) The office shall for a fiscal year distribute money deposited into the Qualified Emergency Food Agencies Fund to qualified emergency food agencies within the state as provided in this section.
  • (5) A qualified emergency food agency shall file an application with the office before the qualified emergency food agency may receive a distribution under this section.
  • (6) A qualified emergency food agency may expend a distribution received in accordance with this section only for a purpose related to:
    • (a) warehousing and distributing food and food ingredients to other agencies and organizations providing food and food ingredients to low-income persons; or
    • (b) providing food and food ingredients directly to low-income persons.
  • (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Housing and Community Development Division may make rules providing procedures for implementing the distributions required by this section, including:
    • (a) standards for determining and verifying the amount of a distribution that a qualified emergency 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 a distribution; and
    • (c) consistent with Subsection (1)(c), determining whether an entity is a qualified emergency food agency.




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