Bill Text For SB0297 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 297                         By: Pugh of the Senate            |
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  |                                         Baker, Vancuren and Dills     |
 7|                                         of the House                  |
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10|       An Act relating to schools; amending Section 1,                 |
  |       Chapter 6, O.S.L. 2017 (70 O.S. Supp. 2018, Section             |
11|       5-147.1), which relates to school food donations;               |
  |       modifying type of food allowed for donation; allowing           |
12|       certain school district to adopt certain policy to              |
  |       provide food at no cost to certain students;                    |
13|       providing an effective date; and declaring an                   |
  |       emergency.                                                      |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     Section 1, Chapter 6, O.S.L. 2017    |
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18|(70 O.S. Supp. 2018, Section 5-147.1), is amended to read as           |
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19|follows:                                                               |
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20|    Section 5-147.1.  A.  As used in this section only:                |
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21|    1.  "Donate" means to give without requiring anything of           |
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22|monetary value from the recipient; and                                 |
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23|    2.  "Nonprofit organization" means an incorporated or              |
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24|unincorporated organization that has been established and is           |
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arsid7372261 SB297 HFLR                                            Page 1
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 1|operating for religious, charitable or educational purposes and that   |
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 2|does not distribute any of its income to its members, directors or     |
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 3|officers.                                                              |
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 4|    B.  A school district may allow a school site to elect to donate   |
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 5|food to a nonprofit organization through an official oncampus          |
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 6|nonprofit representative or designee who is directly affiliated with   |
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 7|the school site such as a teacher, counselor or Parent-Teacher         |
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 8|Association (PTA) member, and the donated food may be received,        |
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 9|stored and redistributed at the school site at any time.  Food         |
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10|donated by the school site may include surplus food from breakfast,    |
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11|lunch, snack and dinner meals served at the campus cafeteria subject   |
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12|to any applicable local, state and federal requirements.  Examples     |
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13|of eligible leftover surplus food include packaged/unpackaged          |
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14|unserved food; served/unserved food with packaging in good             |
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15|condition; whole, uncut produce; wrapped raw produce; and/or fruit     |
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16|which will be peeled such as bananas or oranges.                       |
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17|    C.  Food donated under this section to a nonprofit organization    |
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18|may be redistributed on the school site.  School employees may         |
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19|assist in preparing and distributing the food as volunteers for the    |
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20|nonprofit organization.                                                |
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21|    D.  A school district that allows the donation of food pursuant    |
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22|to subsection B of this section may adopt a policy under which the     |
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23|district provides food at no cost to a student for breakfast, lunch    |
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arsid7372261 SB297 HFLR                                            Page 2
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 1|or dinner meals or snacks if the student is unable to purchase         |
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 2|breakfast, lunch or dinner meals or snacks.                            |
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 3|    E.  A school district that makes or a nonprofit organization       |
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 4|that receives a good-faith donation of food which is at the time of    |
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 5|donation fit for human consumption shall not be liable for damages     |
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 6|in any civil suit or subject to criminal prosecution for any injury    |
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 7|resulting from the nature, age, condition or packaging of the          |
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 8|donated food, unless the injury or death is a direct result of gross   |
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 9|negligence, recklessness or intentional misconduct of the school       |
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10|district or nonprofit organization.                                    |
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11|    E. F.  The State Board of Education may promulgate rules to        |
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12|implement the provisions of this section.                              |
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13|    SECTION 2.  This act shall become effective July 1, 2019.          |
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14|    SECTION 3.  It being immediately necessary for the preservation    |
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15|of the public peace, health or safety, an emergency is hereby          |
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16|declared to exist, by reason whereof this act shall take effect and    |
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17|be in full force from and after its passage and approval.              |
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19|COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/11/2019 - DO PASS,   |
  |As Coauthored.                                                         |
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arsid7372261 SB297 HFLR                                            Page 3
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