BILL NUMBER: AB 2621 AMENDED
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.