35A-8-1009. Qualified Emergency Food Agencies Fund — Expenditure of revenues.
| (1) |
As used in this section:
Terms Used In Utah Code 35A-8-1009- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Office: means the State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (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. |
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| (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; |
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| (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 |
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| (iii) |
the office determines to be a qualified emergency food agency. |
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| (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:
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| (b) |
Any interest earned on the Qualified Emergency Food Agencies Fund shall be deposited into the General Fund. |
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| (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. |
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| (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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Amended by Chapter 223, 2017 General Session
