PRIOR PRINTER'S NO. 2838 PRINTER'S NO. 3197
No. 2080 Session of 1986
INTRODUCED BY KUKOVICH, IRVIS, CAPPABIANCA, DURHAM, WAMBACH,
FOX, SHOWERS, GALLAGHER, MICHLOVIC, PRESSMANN, DOMBROWSKI,
MILLER, SWEET, MAYERNIK, KOSINSKI, CARN, LEVDANSKY, FREEMAN,
STABACK, TRELLO, J. TAYLOR, PISTELLA, LUCYK, JOSEPHS, DeLUCA,
RYBAK, COLAFELLA, PETRARCA, KASUNIC, WIGGINS, VAN HORNE,
ACOSTA, PRESTON AND VEON, FEBRUARY 3, 1986
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 7, 1986
AN ACT
1 Providing for the establishment, operation and administration of
2 the Emergency Food Program; AND MAKING AN APPROPRIATION. <--
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Definitions.
6 Section 3. Emergency Food Assistance Commission.
7 Section 4. Selection of commissioners.
8 Section 5. Organization and operation of commission.
9 Section 6. Powers and duties of commission.
10 Section 7. Emergency Food Program.
11 Section 8. Tax deductible contributions. <--
12 Section 9 8. Audit and report. <--
13 SECTION 9. APPROPRIATION. <--
14 Section 10. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Short title.
3 This act shall be known and may be cited as the Emergency
4 Food Assistance Act.
5 Section 2. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Agricultural commodities." All foods or foodstuffs which
10 are suitable for and fit for human consumption.
11 "Commission." The Emergency Food Assistance Commission which
12 is established under section 3.
13 "Food processor." Any commercial facility which converts
14 agricultural commodities into different end products or
15 repackages agricultural commodities.
16 "Program." The Emergency Food Program established in section
17 7 to provide food assistance to eligible program participants.
18 "Program participants." Any individual or family unit which
19 is in need of food assistance as determined by the commission,
20 in order to prevent hunger or undernutrition or to supplement
21 the diet of economically depressed households.
22 "Regional food bank." An entity which operates on a
23 multicounty basis, has the ability to accept tractor-trailer
24 loads of foodstuffs on pallets and is recognized as a regional
25 food bank by the Pennsylvania Association of Regional Foodbanks.
26 "Temporary Emergency Food Assistance Program." A Federal
27 program established pursuant to the Food Security Act of 1985
28 (Public Law 99-198).
29 Section 3. Emergency Food Assistance Commission.
30 (a) Establishment.--There is hereby created an independent
19860H2080B3197 - 2 -
1 commission to be known as the Emergency Food Assistance
2 Commission.
3 (b) Purpose.--The purposes of the commission shall be:
4 (1) To administer the distribution of agricultural
5 commodities donated by the Federal Government.
6 (2) To administer a State-funded Emergency Food Program.
7 (3) To administer such programs or conduct activities as
8 determined by the General Assembly.
9 (c) Limitation.--The provisions of this act shall apply only
10 to the Temporary Emergency Food Assistance Program of the United
11 States Department of Agriculture and the Emergency Food Program
12 currently funded through the General Fund and as provided in
13 section 7.
14 Section 4. Selection of commissioners.
15 (a) Appointment of members.--The 11 members of the
16 commission shall be appointed as follows:
17 (1) Three members shall be appointed by the Governor.
18 (2) Four members shall be appointed by the President pro
19 tempore of the Senate, two of whom shall be members of the
20 Senate, one from the majority party and one from the minority
21 party. The other two appointees shall be skilled in
22 administering commodity distribution and shall not be elected
23 officials or State employees.
24 (3) Four members shall be appointed by the Speaker of
25 the House of Representatives, two of whom shall be members of
26 the House, one from the majority party and one from the
27 minority party. The other two appointees shall be skilled in
28 administering commodity distribution and shall not be elected
29 officials or State employees.
30 (b) Terms and vacancies.--The terms of the nonlegislative
19860H2080B3197 - 3 -
1 members shall be for two years. The terms of the legislative
2 members shall be for as long as that member is elected to and
3 holding a seat in the Senate or House of Representatives from
4 which the member was appointed by the commission. Any vacancy on
5 the commission shall be filled by the original appointing
6 authority for only the unexpired term of office.
7 (c) Compensation.--Members of the commission shall receive
8 no compensation but shall be reimbursed for all their expenses
9 actually and necessarily incurred by them in the performance of
10 their duties under this act.
11 Section 5. Organization and operation of commission.
12 (a) Operation.--The commission shall be governed and all of
13 its powers exercised by a board of commissioners consisting of
14 the 11 members appointed under section 4(a).
15 (b) Chairman.--The board of commissioners shall annually
16 elect from its membership a chairman, vice chairman and
17 secretary who shall serve one-year terms and shall be eligible
18 for reelection.
19 (c) Quorum.--Six commissioners shall constitute a quorum for
20 the transaction of any business unless the regulations of the
21 commission designate a greater number. An act of a majority of
22 the six commissioners present shall be deemed an act of the
23 entire commission.
24 Section 6. Powers and duties of commission.
25 The board of commissioners shall have the following powers
26 and duties:
27 (1) Provide for the holding of regular and special
28 meetings of the commission.
29 (2) Adopt procedures for the organization,
30 administration and operation of the commission.
19860H2080B3197 - 4 -
1 (3) Appoint and fix the compensation of an executive
2 director and such employees as the commission deems
3 necessary.
4 (4) Provide for the appointment of an executive
5 committee of not less than five members who, in intervals
6 between meetings of the commission, may transact such
7 business of the commission as the board of commissioners may
8 from time to time authorize.
9 (5) Prepare and supervise the issuance of public
10 information concerning the provisions of the programs under
11 its purview.
12 (6) Enter into contracts with the Federal Government,
13 food processors and distribution agencies, including
14 contracts for transportation and storage, that meet
15 established Federal or State criteria for the purpose of
16 distributing agricultural commodities.
17 (7) Request and accept agricultural commodities made
18 available to the State for distribution by the Federal
19 Government.
20 (8) Oversee State funds to supplement available Federal
21 agricultural commodities for distribution under the Emergency
22 Food Program or to contract for this service. It is the
23 intent of the General Assembly to encourage the purchase of
24 commodities produced in this Commonwealth when appropriate
25 and feasible.
26 (9) Determine eligibility for participation in the
27 program to insure compliance with program requirements.
28 (10) Make quarterly reports to the General Assembly
29 showing program cost and program activities. The reports
30 shall include, but not be limited to, the number of program
19860H2080B3197 - 5 -
1 participants and the quantity of State and Federal
2 agricultural commodities distributed.
3 (11) Adopt rules and regulations not inconsistent with
4 law governing matters relating to its activities and adopt
5 such other rules and regulations and perform such other acts
6 as may be necessary or appropriate to comply with applicable
7 Federal legislation.
8 (12) Perform such other acts and promulgate regulations
9 as may be necessary or appropriate to carry out the objects
10 and purposes of the commission specified in this act.
11 Section 7. Emergency Food Program.
12 (a) Establishment.--There is hereby created the Emergency
13 Food Program which shall consist of the purchase,
14 transportation, storage or other acquisition of agricultural
15 commodities for distribution to program participants.
16 (b) Purchase requirements.--The agricultural commodities
17 that are purchased with State funds shall be purchased in bulk
18 at the lowest price available. The commission shall be
19 responsible for monitoring commodity prices to insure that the
20 purchase price is the lowest price. In addition, the purchased
21 agricultural commodities shall be selected to maximize the
22 utilization of available Federal surplus agricultural
23 commodities.
24 Section 8. Tax deductible contributions. <--
25 Notwithstanding the provisions of any law or the provisions
26 of any certificate of incorporation, charter or other articles
27 of organization, any person and all corporations or
28 associations, organized for the purpose of carrying on business
29 in this Commonwealth or authorized to do business in this
30 Commonwealth, are hereby authorized to make contributions to the
19860H2080B3197 - 6 -
1 Emergency Food Assistance Commission, and such contributions, or
2 the value of such contributions, shall be allowed as deductions
3 in computing the net taxable income of any such person,
4 corporation or association for purposes of any income tax
5 imposed by the Commonwealth.
6 Section 9 8. Audit and report. <--
7 (a) Audit.--An independent auditor shall annually audit the
8 expenses and activities of the Emergency Food Assistance
9 Commission. The audit shall be conducted without requiring any
10 payment from the commission or the program.
11 (b) Annual report.--Within 30 days after the conclusion of
12 each fiscal year, the Emergency Food Assistance Commission shall
13 submit an annual report to the Governor and the General Assembly
14 which states the amount of foods purchased or acquired by
15 donation, the amount of free Federal surplus agricultural
16 commodities received, the amount of food distributed, the number
17 of eligible participants who received assistance, the amount of
18 food left undistributed and the prospects for the upcoming
19 fiscal year.
20 SECTION 9. APPROPRIATION. <--
21 THE SUM OF $122,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
22 IS HEREBY APPROPRIATED TO THE EMERGENCY FOOD ASSISTANCE
23 COMMISSION FOR FISCAL YEAR 1986-1987, TO CARRY OUT THE
24 PROVISIONS OF THIS ACT.
25 Section 10. Effective date.
26 This act shall take effect immediately JULY 1, 1986, OR <--
27 IMMEDIATELY, WHICHEVER IS LATER.
A22L71JLW/19860H2080B3197 - 7 -