NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 09-033
      
      
      BY SENATOR(S) Sandoval, Bacon, Boyd, Carroll M., Foster, Gibbs,
      Groff, Heath, Hudak, Isgar, Morse, Newell, Shaffer B., Tochtrop, Veiga,
      Williams;
      also REPRESENTATIVE(S) Solano, Casso, Curry, Fischer, Green,
      Hullinghorst, Kefalas, Labuda, Looper, Merrifield, Middleton, Miklosi,
      Peniston, Primavera, Priola, Ryden, Todd.
      
      
      Concerning expanding the list of students who qualify to receive
           a free lunch in Colorado to include children in public
           school early childhood education programs who are
           eligible to receive a reduced-cost lunch under the federal
           "National School Lunch Act".
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  22-82.9-104 (4) (a), Colorado Revised Statutes, is
      amended to read:
      
           22-82.9-104.  Child nutrition school lunch protection program -
      creation - administration - objectives.  (4)  The objectives of the program
      are to:
      
           (a)  Eliminate the reduced price paid by Colorado students who are
      enrolled in state-subsidized early childhood education programs
      administered by public schools or in kindergarten through second grade
      and who are participating in the school lunch program;
      
           SECTION 2.  22-82.9-105 (1), Colorado Revised Statutes, is
      amended to read:
      
           22-82.9-105.  Program funding - appropriation.  (1)  The general
      assembly shall annually appropriate by separate line item in the annual
      general appropriation bill an amount of not less than eight hundred fifty
      thousand dollars and not more than one million five hundred thousand
      dollars to the department of education to allow school districts to provide
      lunches at no charge for children in state-subsidized early childhood
      education programs administered by public schools or in
      kindergarten through second grade, participating in the school lunch
      program, who would otherwise be required to pay a reduced price for lunch. 
      The appropriation to the department of education for the program shall be
      in addition to any appropriation made by the general assembly pursuant to
      section 22-54-123 or 22-54-123.5 (1).  The department may expend not
      more than two percent of the moneys annually appropriated for the program
      to offset the direct and indirect costs incurred by the department in
      implementing the program pursuant to this article.
      
           SECTION 3.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                    Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO