California Assembly Bill AB2621 Amended / Bill

 BILL NUMBER: AB 2621AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 2, 2012 AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Hueso FEBRUARY 24, 2012 An act to  amend Sections 38091, 38092, and 38093 of   add Section 38092.5 to  the Education Code, relating to  school cafeterias.   education finance.  LEGISLATIVE COUNSEL'S DIGEST AB 2621, as amended, Hueso.  School   Education finance: school  cafeterias: cafeteria fund.  (1) Existing   Existing  law authorizes the governing board of any school district to establish cafeterias in the schools under its jurisdiction  ,  and authorizes the money received for the sale of food or for any services performed by the cafeterias to be paid into the county treasury to the credit of the "cafeteria fund" of the particular school district. Existing law requires the cafeteria fund to be used only for those expenditures authorized by the governing board of the school district as necessary for the operation of school cafeterias, including, but not limited to, expenditures for the lease or purchase of additional cafeteria equipment for the central food processing plant, vending machines and their installation and housing, and computer equipment and related software.  This bill would instead require the cafeteria fund to be only used for those expenditures authorized by the governing board of the school district as necessary for the operation of school cafeterias and financial management of the cafeteria fund.   (2) Existing   Existing  law authorizes the governing board of any school district with an average daily attendance of over 100,000 to allow as an expenditure from the cafeteria fund or account a share of money agreed upon pursuant to a contract, which is generated from the joint sale of items between the cafeteria and an associated student body student store.  This bill would instead authorize the governing board of a school district with an average daily attendance of over 20,000 to allow this expenditure from the cafeteria fund or account.   (3) Existing   Existing  law authorizes the governing board of any school district to establish an account for each cafeteria established in a school of the school district, or for all cafeterias established in the schools of the school district, in one or more banks, and requires all receipts of the cafeteria, or cafeterias, as the case may be, derived from the sale of food to be deposited in the account and only expended for specified purposes. This bill  would also require the receipts deposited into the account to only be expended in accordance with a specified provision   , notwithstanding the provisions referenced above, would authorize the Grossmont Union High School District and the Sweetwater Union High School District to allow as an expenditure from their respective cafeteria funds or accounts a portion of any funds that accrue from the joint sale of items   involving a school cafeteria and an associated student body student store that is determined pursuant to an agreement entered into between the school cafeteria and the associated student body organization of that school. The bill would require this agreement to meet specified requirements  .  This bill would make legislative findings and declarations as to the necessity of a special statute for the Grossmont Union High School District and the Sweetwater Union High School District.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 38092.5 is added to the   Education Code   , to read:   38092.5. Notwithstanding Section 38092 or any other law: (a) The Grossmont Union High School District and the Sweetwater Union High School District may allow as an expenditure from their respective cafeteria funds or accounts a portion of any funds that accrue from the joint sale of items involving a school cafeteria and an associated student body student store that is determined pursuant to an agreement entered into between the school cafeteria and the associated student body organization of that school. (b) The agreement referenced in subdivision (a) shall meet all of the following requirements: (1) The term of the agreement shall be for a period not to exceed five years. (2) The agreement shall be effective only if the school district has obtained the prior written approval of the agreement from the exclusive employee representative of the classified employees in food service or cafeteria positions. (3) The participation of pupils, either as employees or volunteers under the agreement, shall not result in the displacement of any classified employees, in a failure to fill new classified positions, or in a failure to fill vacancies that may occur in existing classified positions. As used in this paragraph, "displacement" includes, but is not necessarily limited to, layoff, demotion, reduction in work hours or work year, or transfer to another classification or site.   SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique administrative circumstances of the Grossmont Union High School District and the Sweetwater Union High School District.   SECTION 1.   Section 38091 of the Education Code is amended to read: 38091. (a) The cafeteria fund shall be used only for those expenditures authorized by the governing board of the school district as necessary for the operation of school cafeterias and financial management of the cafeteria fund. (b) If a cafeteria fund is operated pursuant to this article, the governing board of a school district may authorize the establishment of one or more cafeteria revolving accounts. For accounting purposes, a cafeteria revolving account is to be treated as a revolving cash account of the cafeteria fund, providing that the receipt of income and expenditures made from a cafeteria revolving account become recorded as income and expenditures of the cafeteria fund. Appropriate transfers, replenishments, and deposits between the cafeteria fund and a cafeteria revolving account may occur as are necessary to comply with accounting requirements. A cafeteria revolving account may receive and expend moneys in the same manner and for the same purposes as authorized for a cafeteria account. (c) The governing board of a school district, or of two or more school districts governed by governing boards of identical personnel, may also make expenditures from the cafeteria fund for the construction, alteration, or improvement of a central food processing plant, for the installation of additional cafeteria equipment for the central food processing plant, and for the lease or purchase of vehicles used primarily in connection with the central food processing plant.   SEC. 2.   Section 38092 of the Education Code is amended to read: 38092. The governing board of a school district with an average daily attendance of over 20,000 may allow as an expenditure from the cafeteria fund or account a share of money agreed upon pursuant to a contract, which is generated from the joint sale of items between the cafeteria and an associated student body student store. The expenditure must result from an agreement entered into by the cafeteria and the associated student body in which pupils will participate in the operation of the store.   SEC. 3.   Section 38093 of the Education Code is amended to read: 38093. The governing board of a school district may establish an account for each cafeteria established in a school of the school district, or for all cafeterias established in the schools of the school district, in one or more banks. The account shall be known as "The Cafeteria Account of (insert name of district) District." If the account is established for one of several cafeterias, it shall be known as "The Cafeteria Account of the (insert name of school) School of (insert name of district) District." All receipts of the cafeteria, or cafeterias, as the case may be, derived from the sale of food shall be deposited in the account and shall be expended only for the maintenance of the cafeteria, or cafeterias, exclusive of items made a charge against the funds of the school district by this chapter, and items made a charge against the funds of the school district by resolution of the governing board of the school district under authority of this chapter and pursuant to Section 38091.