| 1 | 1 | | REFERENCE TITLE: school meal program fund; appropriation State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2565 Introduced by Representatives Gutierrez: Austin, Cano, De Los Santos, Hernandez M, Mathis, Salman, Sandoval, Schwiebert, Sun, Terech, Travers, Senator Marsh An Act amending sections 15-1152, 15-1153, 15-1154, 15-1155 and 15-1157, Arizona Revised Statutes; appropriating monies; relating to school meal programs. (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | REFERENCE TITLE: school meal program fund; appropriation |
|---|
| 10 | 10 | | State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 |
|---|
| 11 | 11 | | HB 2565 |
|---|
| 12 | 12 | | Introduced by Representatives Gutierrez: Austin, Cano, De Los Santos, Hernandez M, Mathis, Salman, Sandoval, Schwiebert, Sun, Terech, Travers, Senator Marsh |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | REFERENCE TITLE: school meal program fund; appropriation |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | State of Arizona |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | House of Representatives |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Fifty-sixth Legislature |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | First Regular Session |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | 2023 |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | HB 2565 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | Introduced by |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | Representatives Gutierrez: Austin, Cano, De Los Santos, Hernandez M, Mathis, Salman, Sandoval, Schwiebert, Sun, Terech, Travers, Senator Marsh |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | An Act |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | amending sections 15-1152, 15-1153, 15-1154, 15-1155 and 15-1157, Arizona Revised Statutes; appropriating monies; relating to school meal programs. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Heading change The article heading of title 15, chapter 10, article 4, Arizona Revised Statutes, is changed from "SCHOOL LUNCH PROGRAM FUND" to "SCHOOL MEAL PROGRAMS". Sec. 2. Section 15-1152, Arizona Revised Statutes, is amended to read: START_STATUTE15-1152. School meal programs; interagency agreements; powers of department of education; fund a. The state board department of education may enter into agreements with an agency of the federal government, a governing board or another agency or person, direct the disbursement of federal and state monies in accordance with federal and state law, direct the distribution of commodities as provided by federal and state law, prescribe regulations, employ personnel, give technical advice and assistance to school district governing boards in connection with establishment establishing and operation of operating school meal programs, assist in training personnel engaged in operation of operating school meal programs and take other action it deems necessary to provide for the establishment establishing and maintenance of maintaining school meal programs. The state board department of education and the school district governing boards may also accept gifts for use in connection with a school meal program. Agreements entered into pursuant to this section are exempt from section 11-952, subsection D. The form to be used in the agreements shall be approved annually by the attorney general before its the form's use in such agreements. The department of education shall file with the secretary of state by January 1 one blank copy of the agreement form and a list of the agencies with which the department entered into agreements during the preceding year. B. The statewide school meal program fund is established consisting of legislative appropriations, federal monies and private grants, gifts, contributions and devises. The department of education shall administer the fund. Monies in the fund are subject to legislative appropriation. The department shall distribute monies in the fund to school districts and charter schools to establish and operate school meal programs that provide meals at no cost to students. END_STATUTE Sec. 3. Section 15-1153, Arizona Revised Statutes, is amended to read: START_STATUTE15-1153. Federal monies; acceptance; disbursement A. The state board department of education may accept and direct the disbursement of funds monies appropriated by act of Congress and apportioned to the state for use in connection with school meal programs. The state board department shall deposit, pursuant to sections 35-146 and 35-147, such funds monies in the statewide school meal program fund established by section 15-1152. Disbursements from the fund shall be made in accordance with the provisions of section 35-185. B. Notwithstanding any provision of title 35, chapter 1 limiting the drawing of warrants after the expiration of the fiscal year in which an obligation is incurred, the state board department of education may accept and direct the allocation of federal funds monies that are apportioned to the this state for use in connection with school meal programs, which and that are received and the allocation effected allocated not later than six months after expiration of the fiscal year for which the allocation is made. END_STATUTE Sec. 4. Section 15-1154, Arizona Revised Statutes, is amended to read: START_STATUTE15-1154. Operation of school meal programs by governing boards; school district school meal program funds; revolving funds A. A school district governing board may operate school meal programs, and for that purpose may employ personnel, purchase equipment and food and incur other necessary expenses, making payment therefor through the use of gifts or donations, proceeds of sales of school meals, contributions made available by the federal government, monies from the statewide school meal program fund established by section 15-1152 or monies obtained by school district levy, but no monies acquired by the levy of state, county or school district taxes shall be expended for food. B. Any monies received in the operation of a school district school meal program shall be deposited with the county treasurer, who shall credit the deposits to the school meal program fund of the respective school district. Monies deposited to the credit of a school meal program fund may be withdrawn by voucher as approved by the school district governing board for operation of the school district district's school meal program, except that a revolving fund of five hundred dollars $500 may be established in the manner and for the purposes prescribed in subsection C of this section. The school meal program fund of a school district is a continuing fund and is not subject to reversion. C. The governing board of any school district, with the consent of the county school superintendent, may establish for the operation of school meal programs a revolving fund of five hundred dollars $500, which may be used for payment of to pay freight on commodities, to purchase of food required in emergencies, employment of to employ temporary personnel for employment which that does not exceed eight hours for any person or for other minor disbursements. The revolving fund monies shall be deposited in a federal reserve bank in a designated account and shall be withdrawn by check signed by two bonded employees appointed by the governing board of the school district. D. Upon On approval of a revolving fund as prescribed by subsection C of this section, the county school superintendent shall draw a warrant to the order of the designated employees and charge the amount thereof against the school district school meal program fund. , but no A revolving fund shall not be established unless the designated employees are bonded for an amount equal to twice the amount of the fund. The cost of the bond shall be a proper charge against the school district school meal program fund. E. The designated employees shall periodically submit a voucher with supporting papers covering disbursements from the school meal revolving fund prescribed by subsection C of this section to the county school superintendent, who shall issue a warrant for the voucher to reimburse the fund. If the school district is dissolved, consolidated, unified or subdivided, or if the governing board decides to terminate the revolving fund, the designated employees shall return the original amount of the revolving fund to the county treasurer by the date that the dissolution, consolidation, unification or subdivision becomes effective or within thirty days after the date that the governing board decides to terminate the revolving fund, whichever is appropriate, for deposit in the school meal program fund of the respective school district. END_STATUTE Sec. 5. Section 15-1155, Arizona Revised Statutes, is amended to read: START_STATUTE15-1155. Records, reports, rules, audits and inspections by department of education A. The state board department of education shall prescribe regulations adopt rules for keeping accounts and records and making reports, under the supervision of school district governing boards. The accounts and records shall be available at all times for inspection and audit by authorized officials and shall be preserved for a period, not exceeding of not more than five years, as prescribed by the state board department. The state board department shall conduct or cause to be conducted audits, inspections and administrative reviews of accounts, records and operations as that are necessary to determine whether the school meal programs are being administered according to the provisions of this article and the regulations made by the state board department rules. B. On or before September 1, 2023 and each year thereafter, the department of education shall furnish to the joint legislative budget committee a report containing all of the following: 1. An estimate of the amount required to fund school meal programs in this state for the following fiscal year. 2. The actual costs of each school district's or charter school's school meal program during the prior fiscal year. 3. The amount of federal monies distributed by the department of education to school districts and charter schools for school meal programs during the prior fiscal year. END_STATUTE Sec. 6. Section 15-1157, Arizona Revised Statutes, is amended to read: START_STATUTE15-1157. Budget; superintendent of public instruction; school meal programs There shall be included in the budget of the superintendent of public instruction, for presentation to the legislature, such amounts as required by the state board department of education for and limited to the administration of this article, including the establishment, maintenance, operation and expansion of school meal programs. END_STATUTE Sec. 7. Appropriation; statewide school meal program fund; intent A. The sum of $106,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the statewide school meal program fund established by section 15-1152, Arizona Revised Statutes, as amended by this act, and is appropriated from the statewide school meal program fund to the department of education. B. The legislature intends that the appropriation made in subsection A of this section be considered ongoing funding in future years. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | Section 1. Heading change |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | The article heading of title 15, chapter 10, article 4, Arizona Revised Statutes, is changed from "SCHOOL LUNCH PROGRAM FUND" to "SCHOOL MEAL PROGRAMS". |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | Sec. 2. Section 15-1152, Arizona Revised Statutes, is amended to read: |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | START_STATUTE15-1152. School meal programs; interagency agreements; powers of department of education; fund |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | a. The state board department of education may enter into agreements with an agency of the federal government, a governing board or another agency or person, direct the disbursement of federal and state monies in accordance with federal and state law, direct the distribution of commodities as provided by federal and state law, prescribe regulations, employ personnel, give technical advice and assistance to school district governing boards in connection with establishment establishing and operation of operating school meal programs, assist in training personnel engaged in operation of operating school meal programs and take other action it deems necessary to provide for the establishment establishing and maintenance of maintaining school meal programs. The state board department of education and the school district governing boards may also accept gifts for use in connection with a school meal program. Agreements entered into pursuant to this section are exempt from section 11-952, subsection D. The form to be used in the agreements shall be approved annually by the attorney general before its the form's use in such agreements. The department of education shall file with the secretary of state by January 1 one blank copy of the agreement form and a list of the agencies with which the department entered into agreements during the preceding year. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | B. The statewide school meal program fund is established consisting of legislative appropriations, federal monies and private grants, gifts, contributions and devises. The department of education shall administer the fund. Monies in the fund are subject to legislative appropriation. The department shall distribute monies in the fund to school districts and charter schools to establish and operate school meal programs that provide meals at no cost to students. END_STATUTE |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | Sec. 3. Section 15-1153, Arizona Revised Statutes, is amended to read: |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | START_STATUTE15-1153. Federal monies; acceptance; disbursement |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | A. The state board department of education may accept and direct the disbursement of funds monies appropriated by act of Congress and apportioned to the state for use in connection with school meal programs. The state board department shall deposit, pursuant to sections 35-146 and 35-147, such funds monies in the statewide school meal program fund established by section 15-1152. Disbursements from the fund shall be made in accordance with the provisions of section 35-185. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | B. Notwithstanding any provision of title 35, chapter 1 limiting the drawing of warrants after the expiration of the fiscal year in which an obligation is incurred, the state board department of education may accept and direct the allocation of federal funds monies that are apportioned to the this state for use in connection with school meal programs, which and that are received and the allocation effected allocated not later than six months after expiration of the fiscal year for which the allocation is made. END_STATUTE |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | Sec. 4. Section 15-1154, Arizona Revised Statutes, is amended to read: |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | START_STATUTE15-1154. Operation of school meal programs by governing boards; school district school meal program funds; revolving funds |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | A. A school district governing board may operate school meal programs, and for that purpose may employ personnel, purchase equipment and food and incur other necessary expenses, making payment therefor through the use of gifts or donations, proceeds of sales of school meals, contributions made available by the federal government, monies from the statewide school meal program fund established by section 15-1152 or monies obtained by school district levy, but no monies acquired by the levy of state, county or school district taxes shall be expended for food. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | B. Any monies received in the operation of a school district school meal program shall be deposited with the county treasurer, who shall credit the deposits to the school meal program fund of the respective school district. Monies deposited to the credit of a school meal program fund may be withdrawn by voucher as approved by the school district governing board for operation of the school district district's school meal program, except that a revolving fund of five hundred dollars $500 may be established in the manner and for the purposes prescribed in subsection C of this section. The school meal program fund of a school district is a continuing fund and is not subject to reversion. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | C. The governing board of any school district, with the consent of the county school superintendent, may establish for the operation of school meal programs a revolving fund of five hundred dollars $500, which may be used for payment of to pay freight on commodities, to purchase of food required in emergencies, employment of to employ temporary personnel for employment which that does not exceed eight hours for any person or for other minor disbursements. The revolving fund monies shall be deposited in a federal reserve bank in a designated account and shall be withdrawn by check signed by two bonded employees appointed by the governing board of the school district. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | D. Upon On approval of a revolving fund as prescribed by subsection C of this section, the county school superintendent shall draw a warrant to the order of the designated employees and charge the amount thereof against the school district school meal program fund. , but no A revolving fund shall not be established unless the designated employees are bonded for an amount equal to twice the amount of the fund. The cost of the bond shall be a proper charge against the school district school meal program fund. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | E. The designated employees shall periodically submit a voucher with supporting papers covering disbursements from the school meal revolving fund prescribed by subsection C of this section to the county school superintendent, who shall issue a warrant for the voucher to reimburse the fund. If the school district is dissolved, consolidated, unified or subdivided, or if the governing board decides to terminate the revolving fund, the designated employees shall return the original amount of the revolving fund to the county treasurer by the date that the dissolution, consolidation, unification or subdivision becomes effective or within thirty days after the date that the governing board decides to terminate the revolving fund, whichever is appropriate, for deposit in the school meal program fund of the respective school district. END_STATUTE |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | Sec. 5. Section 15-1155, Arizona Revised Statutes, is amended to read: |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | START_STATUTE15-1155. Records, reports, rules, audits and inspections by department of education |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | A. The state board department of education shall prescribe regulations adopt rules for keeping accounts and records and making reports, under the supervision of school district governing boards. The accounts and records shall be available at all times for inspection and audit by authorized officials and shall be preserved for a period, not exceeding of not more than five years, as prescribed by the state board department. The state board department shall conduct or cause to be conducted audits, inspections and administrative reviews of accounts, records and operations as that are necessary to determine whether the school meal programs are being administered according to the provisions of this article and the regulations made by the state board department rules. |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | B. On or before September 1, 2023 and each year thereafter, the department of education shall furnish to the joint legislative budget committee a report containing all of the following: |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | 1. An estimate of the amount required to fund school meal programs in this state for the following fiscal year. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | 2. The actual costs of each school district's or charter school's school meal program during the prior fiscal year. |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | 3. The amount of federal monies distributed by the department of education to school districts and charter schools for school meal programs during the prior fiscal year. END_STATUTE |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | Sec. 6. Section 15-1157, Arizona Revised Statutes, is amended to read: |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | START_STATUTE15-1157. Budget; superintendent of public instruction; school meal programs |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | There shall be included in the budget of the superintendent of public instruction, for presentation to the legislature, such amounts as required by the state board department of education for and limited to the administration of this article, including the establishment, maintenance, operation and expansion of school meal programs. END_STATUTE |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | Sec. 7. Appropriation; statewide school meal program fund; intent |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | A. The sum of $106,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the statewide school meal program fund established by section 15-1152, Arizona Revised Statutes, as amended by this act, and is appropriated from the statewide school meal program fund to the department of education. |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | B. The legislature intends that the appropriation made in subsection A of this section be considered ongoing funding in future years. |
|---|