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SECOND REGULAR SESSION
HOUSE BILL NO. 2238
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
5794H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 167, RSMo, by adding thereto one new section relating to school meals.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be
2 known as section 167.204, to read as follows:
167.204. 1. This section shall be known and may be cited as the "Hayes Act".
2 2. As used in this section, the term "school" shall mean any public school
3 district, public school, public charter school, or private, rel igious, or paro chial school
4 that participates in the National School Lunch Pr ogram administered by the United
5 States Department of Agricultur e (USDA), or such pr ogram's successor , but that does
6 not participate in the Community Eligibility Pro vision administer ed by the USDA, or
7 such pr ovision's successor .
8 3. A school shall pr ovide a free lunch to each student who has been appr oved to
9 r eceive a redu ced price lunch under the National School Lunch Pr ogram or its successor
10 pr ogram. Subject to appr opriation, the state board of education shall reim burse schools
11 the differ ence between the total cost of each lunch pro vided under this subsection and
12 the federal reim bursement rate for each lunch pr ovided under this subsection.
13 4. A school shall determine which students may be eligible for fr ee or redu ced
14 price lunch thr ough the National School Lunch Pr ogram or its successor prog ram and
15 shall pr ovide information and assistance to paren ts and guardians of such students for
16 purposes of filling out an application.
17 5. A school shall not publicly identify or otherwise stigmatize a student who is or
18 may be eligible for free or red uced price lunch. A student's application for the National
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 School Lunch Pr ogram or its successor pr ogram shall be used only for federal
20 r eimbursement and for state aid calculations under chapter 163.
21 6. (1) There is her eby creat ed in the state tr easury the "School Meals Fund",
22 which shall consist of moneys appr opriated by the general assembly for the purposes of
23 implementing the pr ovisions of this section. The state tr easur er shall be custodian of the
24 fund. In accordance with sections 30.170 and 30.180, the state tr easurer may appr ove
25 disbursements. The fund shall be a dedicated fund and moneys in the fund shall be used
26 solely by the state board of education for the purposes of r eimbursing schools as
27 pr ovided in subsection 3 of this section.
28 (2) Notwithstanding the pro visions of section 33.080 to the contrary , any moneys
29 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
30 general reven ue fund.
31 (3) The state tre asurer shall invest moneys in the fund in the same manner as
32 other funds ar e invested. Any interes t and moneys earned on such investments shall be
33 cr edited to the fund.
34 7. The state board of education shall promulg ate rules and regu lations for the
35 implementation of this section. Such rules shall include the pr ocess by which schools
36 may apply for r eimbursement as prov ided in subsection 3 of this section. Any rule or
37 portion of a rule, as that term is defined in section 536.010, that is creat ed under the
38 authority delegated in this section shall become effective only if it complies with and is
39 subject to all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This
40 section and chapter 536 are nonseverable and if any of the powers vested with the
41 general assembly pursuant to chapter 536 to revie w , to delay the effective date, or to
42 disappr ove and annul a rule ar e subsequently held unconstitutional, then the grant of
43 rulemaking authority and any rule pro posed or adopted after the effective date of this
44 section shall be invalid and void.
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HB 2238 2