H. B. 3146
(By Delegates Boggs)
[Introduced January 9, 2008
; referred to the
Committee on Government Organization.]
A BILL to repeal §19-30-1, §19-30-2, §19-30-3, §19-30-4, §19-30-5,
§19-30-6, §19-30-7, §19-30-8, §19-30-9, §19-30-10, §19-30-11
and §19-30-12 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article,
designated §15-5C-1, §15-5C-2, §15-5C-3, §15-5C-4, §15-5C-5,
§15-5C-6, §15-5C-7, §15-5C-8, §15-5C-9, §15-5C-10, §15-5C-11,
and §15-5C-12, all relating to transferring administration of
the donated food program from the Department of Agriculture to
the Department of Military Affairs and Public Safety.
Be it enacted by the Legislature of West Virginia:
That §19-30-1, §19-30-2, §19-30-3, §19-30-4, §19-30-5, §19-30-
6, §19-30-7, §19-30-8, §19-30-9, §19-30-10, §19-30-11 and §19-30-12
of the code of West Virginia, 1931, as amended, be repealed; and
that said code be amended by adding thereto a new article,
designated §15-5C-1, §15-5C-2, §15-5C-3, §15-5C-4, §15-5C-5, §15-
5C-6, §15-5C-7, §15-5C-8, §15-5C-9, §15-5C-10, §15-5C-11, and §15-
5C-12, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 5C. DONATED FOOD.
§15-5C-1. Purpose.
The purpose of this article is to address the problem of
hunger in this state by improving the distribution of food to the
hungry, providing a means of funding agencies which distribute food
on an emergency basis, gathering and disseminating information
related to the problem of hunger, assuring that distribution
activities are responsive to the needs of local donated food banks,
facilitating the creation of donated food banks and ensuring the
security of and maximum access to food banks.
§15-5C-2. Administration of donated food program transferred from
the Department of Agriculture to the Department of Military
Affairs and Public Safety.
(a) Effective the first day of July, two thousand seven, the
Department of Military Affairs and Public Safety is designated as
the state agency to:
(1) Receive food donated by the United States Department of
Agriculture, other federal or state agencies, corporations, private
persons or entities;
(2) Receive payments for storage and distribution of the
donated food;
(3) Distribute the food to educational or charitable
institutions;
(4) Allocate funds received relating to the donated food; and
(5) Enter into agreements and take other actions necessary to
exercise the authority provided in this article.
(b) Effective the first day of July, two thousand seven, all
responsibility for receiving, storing and distributing donated food
previously assigned to the Department of Agriculture is transferred
to the Department of Military Affairs and Public Safety. The
Commissioner of Agriculture and the Secretary of the Department of
Military Affairs and Public Safety, acting jointly, are empowered
to facilitate an orderly, efficient and economical transfer of the
donated food program and related program functions, including the
transfer of employees.
(c) Effective the first day of July, two thousand seven, all
unencumbered funds remaining with the Department of Agriculture
related to the transferred donated food program shall be
transferred to the appropriate accounts of the Department of
Military Affairs and Public Safety.
§15-5C-3. Special revenue account created for donated food program.
(a) Effective the first day of July, two thousand seven, there
is hereby reestablished and continued in the state treasury the
special revenue account known as the "Donated Food Fund" account.
Expenditures from said account shall be used by the Department of
Military Affairs and Public Safety for the operation of the donated
food program and are not authorized from collections, but are to be
made only in accordance with appropriation by the Legislature and
in accordance with the provisions of article three, chapter twelve
of this code, and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code.
(b) The Secretary is authorized to solicit and accept
donations, gifts, grants, bequests and other funds made available
to the Department of Military Affairs and Public Safety from
private sources for the donated food program, which funds shall be
placed in the donated food fund special revenue account.
§15-5C-4. Donation of food items; exemption from civil and
criminal liability.
Any person who makes a good faith donation of prepared or
perishable food which appears to be fit for human consumption at
the time it is donated to a charitable or nonprofit organization is
not liable for damages in any civil action or subject to criminal
prosecution for any injury or death due to the condition of the
food unless the injury or death is a direct result of the gross
negligence, recklessness or intentional misconduct of the donor.
A charitable or nonprofit organization or an officer, employee
or volunteer of the organization that in good faith receives and
distributes, without charge, food which appears to be fit for human
consumption at the time it is distributed is not liable for damages
in any civil action or subject to criminal prosecution for any
injury or death due to the condition of the food unless the injury
or death is a direct result of the gross negligence, recklessness
or intentional misconduct of the organization or its officers,
employees or volunteer workers.
This section applies to all good faith donations of perishable
food which is not readily marketable due to appearance, freshness, grade, surplus supply or other conditions.
§15-5C-5. Definitions.
In this article, unless the context otherwise requires:
"Agricultural product" means any fowl, animal, vegetable or
other item, product or article which is customary food or which is
proper food for human consumption.
"Donated food bank" means a nonprofit organization that
solicits, stores, or redistributes food products to charitable
organizations and individuals for the purpose of feeding needy
families and individuals.
"Nonprofit charitable organization" means an organization
which is organized and operates for a charitable purpose.
§15-5C-6. Authorization of donations; diversion of products by
directors to organizations.
A person engaged in the business of processing, distributing
or selling any agricultural product may donate, free of charge, any
agricultural product to a donated food bank.
To assist in accomplishing the purposes of this section, the
director of each department of state government shall divert,
whenever possible, surplus agricultural products to organizations
operating pursuant to this article.
§15-5C-7. Surplus food collection and distribution centers.
The Department of Military Affairs and Public Safety shall
continue operation of and shall publicize the services of an
information and food collection center. The center shall receive and transmit information concerning available agricultural products
and information on each organization desiring or needing
agricultural products to be donated. The center shall also
collect, receive, handle, store and distribute donated agricultural
products. A nonprofit charitable organization which regularly
needs agricultural products may be listed with a food collection
center to be notified if agricultural products are available.
§15-5C-8. Minimum standards for food banks.
In order to qualify as a donated food bank, an organization
shall meet all of the following minimum standards:
(1) Have access to storage facilities and refrigeration
equipment for the purpose of collecting, receiving, handling,
storing and distributing donated agricultural products;
(2) Be incorporated as a nonprofit tax exempt organization and
eligible as a charitable organization under the Internal Revenue
Code [26 United States code section 501(c)(3)] or affiliated with
a qualified organization;
(3) Maintain records for the proper control of inventory;
(4) Demonstrate the availability of adequate liability
insurance to cover the activities conducted pursuant to this
article; and
(5) Show local support through funding sources, letters of
endorsement and a board of directors which reflects the community
and population to be served.
§15-5C-9. State surplus buildings and equipment; availability to
donated food banks.
The Commissioner of the Department of Administration shall
assist a food bank by locating and providing available state
surplus buildings or equipment necessary for the operation of a
donated food bank for use without charge.
§15-5C-10. Effect of article on other nonprofit organizations.
Nothing in this article may restrict or limit the operation of
any other nonprofit organization which is engaged in the
distribution of agricultural products to nonprofit charitable
organizations.
§15-5C-11. Application of article to food stamp act.
Consonant with 7 C.F.R. 273.9(c)(1), programs operated in
accordance with this article shall complement and not in any way
lessen assistance to families and individuals pursuant to the Food
Stamp Act of 1977 as amended, (7 U.S.C. 2011 through 7 U.S.C.
2026).
§15-5C-12. Donated food bank assistance fund; restriction.
(a) Effective the first day of July, two thousand seven, the
Donated Food Bank Assistance Fund and is reestablished and
continued. The fund consists of moneys provided by appropriation
and donations, gifts, grants, bequests and other funds made
available to the Department of Military Affairs and Public Safety
for assistance to food banks.
(b) A donated food bank which meets the minimum standards for
food banks may qualify, subject to available moneys, for assistance
from this fund for any of its operations.
(c) Assistance granted pursuant to this article shall be
administered by the Secretary of the Department of Military Affairs
and Public Safety. No more than five percent of the assistance
granted to a donated food bank pursuant to this article may be used
for administrative purposes.
Note: The purpose of the bill is transfer administration of
receipt, storage and distribution of donated foods from the
Department of Agriculture to the Department of Military Affairs and
Public Safety.
Underscoring indicates new language that would be added to the
present law.