1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 474 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 16-18-2; IC 16-42-12.5. |
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7 | 7 | | Synopsis: Food desert grant program. Establishes the food desert grant |
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8 | 8 | | program (program) within the Indiana department of health (ISDH) to |
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9 | 9 | | assist new and existing retail businesses or nonprofit corporations in |
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10 | 10 | | offering fresh and unprocessed foods within a "food desert" (an |
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11 | 11 | | underserved geographic area where, as determined by the ISDH, |
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12 | 12 | | affordable fresh, unprocessed, and healthy foods are difficult to obtain). |
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13 | 13 | | Provides that a grant awarded under the program may be used to |
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14 | 14 | | establish a new retail grocery store or to renovate, expand, or upgrade |
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15 | 15 | | an existing retail business that will increase the availability and quality |
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16 | 16 | | of fresh produce and other unprocessed and healthy foods. Requires the |
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17 | 17 | | ISDH to consider certain criteria when determining whether to award |
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18 | 18 | | a grant and requires the recipient of a grant to abide by certain terms |
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19 | 19 | | and conditions. Establishes the food desert fund for purposes of |
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20 | 20 | | awarding grants under the program. Requires the ISDH to report on the |
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21 | 21 | | program annually to the general assembly. Makes an appropriation. |
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22 | 22 | | Effective: July 1, 2025. |
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23 | 23 | | Jackson L |
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24 | 24 | | January 13, 2025, read first time and referred to Committee on Agriculture. |
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25 | 25 | | 2025 IN 474—LS 6956/DI 150 Introduced |
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26 | 26 | | First Regular Session of the 124th General Assembly (2025) |
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27 | 27 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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28 | 28 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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29 | 29 | | additions will appear in this style type, and deletions will appear in this style type. |
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30 | 30 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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31 | 31 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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32 | 32 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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33 | 33 | | a new provision to the Indiana Code or the Indiana Constitution. |
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34 | 34 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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35 | 35 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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36 | 36 | | SENATE BILL No. 474 |
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37 | 37 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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38 | 38 | | health and to make an appropriation. |
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39 | 39 | | Be it enacted by the General Assembly of the State of Indiana: |
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40 | 40 | | 1 SECTION 1. IC 16-18-2-136.5 IS ADDED TO THE INDIANA |
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41 | 41 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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42 | 42 | | 3 [EFFECTIVE JULY 1, 2025]: Sec. 136.5. "Food desert", for |
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43 | 43 | | 4 purposes of IC 16-42-12.5, has the meaning set forth in |
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44 | 44 | | 5 IC 16-42-12.5-1. |
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45 | 45 | | 6 SECTION 2. IC 16-18-2-143, AS AMENDED BY P.L.1-2010, |
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46 | 46 | | 7 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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47 | 47 | | 8 JULY 1, 2025]: Sec. 143. (a) "Fund", for purposes of IC 16-26-2, has |
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48 | 48 | | 9 the meaning set forth in IC 16-26-2-2. |
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49 | 49 | | 10 (b) "Fund", for purposes of IC 16-31-8.5, has the meaning set forth |
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50 | 50 | | 11 in IC 16-31-8.5-2. |
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51 | 51 | | 12 (c) "Fund", for purposes of IC 16-41-39.4, refers to the childhood |
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52 | 52 | | 13 lead poisoning prevention fund established by IC 16-41-39.4-3.1. |
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53 | 53 | | 14 (d) "Fund", for purposes of IC 16-41-39.8, refers to the lead trust |
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54 | 54 | | 15 fund established by IC 16-41-39.8-7. |
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55 | 55 | | 16 (e) "Fund", for purposes of IC 16-42-12.5, has the meaning set |
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56 | 56 | | 17 forth in IC 16-42-12.5-2. |
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57 | 57 | | 2025 IN 474—LS 6956/DI 150 2 |
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58 | 58 | | 1 (e) (f) "Fund", for purposes of IC 16-46-5, has the meaning set forth |
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59 | 59 | | 2 in IC 16-46-5-3. |
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60 | 60 | | 3 (f) (g) "Fund", for purposes of IC 16-46-12, has the meaning set |
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61 | 61 | | 4 forth in IC 16-46-12-1. |
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62 | 62 | | 5 (g) (h) "Fund", for purposes of IC 16-41-42.2, has the meaning set |
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63 | 63 | | 6 forth in IC 16-41-42.2-2. |
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64 | 64 | | 7 (h) (i) "Fund", for purposes of IC 16-35-8, has the meaning set forth |
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65 | 65 | | 8 in IC 16-35-8-2. |
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66 | 66 | | 9 SECTION 3. IC 16-42-12.5 IS ADDED TO THE INDIANA CODE |
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67 | 67 | | 10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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68 | 68 | | 11 JULY 1, 2025]: |
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69 | 69 | | 12 Chapter 12.5. Food Desert Grant Program |
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70 | 70 | | 13 Sec. 1. As used in this chapter, "food desert" means an |
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71 | 71 | | 14 underserved geographic area where, as determined by the state |
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72 | 72 | | 15 department, affordable fresh, unprocessed, and healthy foods are |
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73 | 73 | | 16 difficult to obtain. |
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74 | 74 | | 17 Sec. 2. As used in this chapter, "fund" means the food desert |
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75 | 75 | | 18 fund established by section 6 of this chapter. |
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76 | 76 | | 19 Sec. 3. (a) The food desert grant program is established within |
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77 | 77 | | 20 the state department to assist: |
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78 | 78 | | 21 (1) new retail businesses; |
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79 | 79 | | 22 (2) existing retail businesses; |
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80 | 80 | | 23 (3) new nonprofit corporations exempt from federal income |
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81 | 81 | | 24 taxation under Section 501(c)(3) of the Internal Revenue |
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82 | 82 | | 25 Code; or |
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83 | 83 | | 26 (4) existing nonprofit corporations exempt from federal |
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84 | 84 | | 27 income taxation under Section 501(c)(3) of the Internal |
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85 | 85 | | 28 Revenue Code; |
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86 | 86 | | 29 in offering fresh, unprocessed, and healthy foods within a food |
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87 | 87 | | 30 desert. A grant awarded under the program may be used to |
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88 | 88 | | 31 establish a new retail grocery store or to renovate, expand, or |
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89 | 89 | | 32 upgrade an existing retail business that will increase the |
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90 | 90 | | 33 availability and quality of fresh produce and other unprocessed |
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91 | 91 | | 34 and healthy foods. |
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92 | 92 | | 35 (b) The state department shall establish criteria for awarding |
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93 | 93 | | 36 grants under this chapter. The criteria must include the following: |
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94 | 94 | | 37 (1) The level of need for fresh and unprocessed foods in the |
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95 | 95 | | 38 area to be served. |
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96 | 96 | | 39 (2) The extent to which the prospective grant recipient needs |
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97 | 97 | | 40 a grant to: |
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98 | 98 | | 41 (A) proceed with a fresh, unprocessed, and healthy foods |
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99 | 99 | | 42 project; |
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100 | 100 | | 2025 IN 474—LS 6956/DI 150 3 |
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101 | 101 | | 1 (B) address the need for fresh, unprocessed, and healthy |
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102 | 102 | | 2 foods in a food desert; or |
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103 | 103 | | 3 (C) be sustainable in the area to be served. |
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104 | 104 | | 4 (3) The overall positive effect that the prospective grant |
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105 | 105 | | 5 recipient's project will have on the underserved community, |
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106 | 106 | | 6 including creating and continuing to provide jobs for local |
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107 | 107 | | 7 residents. |
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108 | 108 | | 8 (4) The degree to which the prospective grant recipient will |
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109 | 109 | | 9 participate in state department and local health department |
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110 | 110 | | 10 initiatives to educate consumers on nutrition and promote |
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111 | 111 | | 11 healthier eating. |
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112 | 112 | | 12 (5) Other criteria that are determined by the state department |
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113 | 113 | | 13 and consistent with this chapter. |
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114 | 114 | | 14 (c) The recipient of a grant must abide by the terms and |
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115 | 115 | | 15 conditions established for grant recipients by the state department |
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116 | 116 | | 16 and must do the following: |
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117 | 117 | | 17 (1) Allow the state department to conduct an annual audit to |
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118 | 118 | | 18 ensure compliance with the terms and conditions. |
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119 | 119 | | 19 (2) Agree to repay the grant amount to the state department |
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120 | 120 | | 20 if the recipient is not compliant with the terms and conditions. |
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121 | 121 | | 21 (3) Comply with data collection and reporting requirements |
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122 | 122 | | 22 established by the state department. |
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123 | 123 | | 23 (d) The state department may adopt rules under IC 4-22-2 |
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124 | 124 | | 24 necessary to administer the food desert grant program. |
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125 | 125 | | 25 Sec. 4. The state department may work with public agencies, |
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126 | 126 | | 26 nonprofit organizations, and community organizations to |
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127 | 127 | | 27 implement this chapter. |
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128 | 128 | | 28 Sec. 5. In awarding grants under this chapter, the state |
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129 | 129 | | 29 department may consider whether a project will leverage private |
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130 | 130 | | 30 sector dollars, federal resources, or local resources. |
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131 | 131 | | 31 Sec. 6. (a) The food desert fund is established for the purpose of |
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132 | 132 | | 32 awarding grants under the food desert grant program established |
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133 | 133 | | 33 by section 3 of this chapter. |
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134 | 134 | | 34 (b) The fund shall be administered by the state department. |
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135 | 135 | | 35 (c) The expenses of administering the fund shall be paid from |
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136 | 136 | | 36 money in the fund. |
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137 | 137 | | 37 (d) The treasurer of state shall invest the money in the fund not |
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138 | 138 | | 38 currently needed to meet the obligations of the fund in the same |
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139 | 139 | | 39 manner as other public money may be invested. |
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140 | 140 | | 40 (e) The sources of money for the fund are the following: |
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141 | 141 | | 41 (1) Appropriations from the general assembly. |
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142 | 142 | | 42 (2) Donations, gifts, and money received from any other |
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143 | 143 | | 2025 IN 474—LS 6956/DI 150 4 |
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144 | 144 | | 1 source, including transfers from other funds or accounts. |
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145 | 145 | | 2 (f) Money in the fund at the end of a state fiscal year does not |
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146 | 146 | | 3 revert to the state general fund but remains in the fund to be used |
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147 | 147 | | 4 exclusively for the purposes of this chapter. |
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148 | 148 | | 5 Sec. 7. The state department shall submit an annual report on |
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149 | 149 | | 6 the activities of the food desert grant program to the general |
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150 | 150 | | 7 assembly in an electronic format under IC 5-14-6. |
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151 | 151 | | 8 SECTION 4. [EFFECTIVE JULY 1, 2025] (a) There is |
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152 | 152 | | 9 appropriated to the food desert fund established by |
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153 | 153 | | 10 IC 16-42-12.5-6, as added by this act, for the biennium beginning |
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154 | 154 | | 11 July 1, 2025, and ending June 30, 2027, two million dollars |
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155 | 155 | | 12 ($2,000,000) from the state general fund for the purpose of |
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156 | 156 | | 13 establishing and operating the food desert grant program |
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157 | 157 | | 14 established by IC 16-42-12.5-3, as added by this act. |
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158 | 158 | | 15 (b) This section expires July 1, 2027. |
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159 | 159 | | 2025 IN 474—LS 6956/DI 150 |
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