Bill Text: AZ HB2186 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: School meals; unpaid fees
Spectrum: Bipartisan Bill
Status: (Failed) 2019-04-15 - Senate RULES Committee action: Held, voting: (0-0-0-0) [HB2186 Detail]
Download: Arizona-2019-HB2186-Introduced.html
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REFERENCE TITLE: school meals; unpaid fees |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2186 |
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Introduced by Representatives Udall: Blackman, Bolding, Epstein, Jermaine
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AN ACT
amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-119; amending section 43‑1089.01, Arizona Revised Statutes; relating to school meals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-119, to read:
15-119. School meals; unpaid fees; prohibitions; policy; payment plan
A. REGARDLESS OF WHETHER A pupil PAYs FOR A school MEAL OR OWES MONies FOR previous MEALS, A SCHOOL SHALL PROVIDE A school MEAL THAT MEETS THE NUTRITION STANDARDS PRESCRIBED IN SECTION 15-242 TO A pupil WHO REQUESTS a meal.
B. A local education agency may not:
1. ANNOUNCe OR PUBLICIZE THE NAMES OF PUPILS WITH UNPAID SCHOOL MEAL FEES.
2. REQUIRe PUPILS WITH UNPAID SCHOOL MEAL FEES TO USE A DIFFERENT SERVING LINE TO PICK UP A REIMBURSABLE ALTERNATE MEAL.
3. USe HAND STAMPS, STICKERS OR OTHER PHYSICAL MARKERS TO IDENTIFY PUPILS WITH UNPAID SCHOOL MEAL FEES.
4. ENLIST VOLUNTEERS, PARENTS OR GUARDIANS OF OTHER PUPILS TO REQUEST PAYMENT FROM the FAMILY of a pupil WITH UNPAID SCHOOL MEAL FEES.
5. Dispose of A PUPIL'S MEAL IF THE pupil is UNABLE TO PAY for the meal.
6. REQUIRe pupils WITH UNPAID school MEAL fees TO WORK FOR A MEAL OR TO work to PAY BACK unpaid fees.
7. ATTEMPT TO COLLECT UNPAID SCHOOL MEAL FEES FROM A PUPIL.
8. TAKe DISCIPLINARY ACTION AGAINST A PUPIL THAT RESULTS IN THE DENIAL OR DELAY OF A MEAL.
C. A LOCAL EDUCATION AGENCY MAY ATTEMPT TO COLLECT UNPAID SCHOOL MEAL FEES FROM A PARENT OR GUARDIAN BUT MAY NOT USE A DEBT COLLECTOR, AS DEFINED IN THE CONSUMER CREDIT PROTECTION ACT (P.L. 90-321; 82 STAT. 146; 15 UNITED STATES CODE SECTION 1692a) FOR THIS PURPOSE.
D. A LOCAL EDUCATION AGENCY SHALL ESTABLISH A TRANSPARENT POLICY FOR RESOLVING SCHOOL MEAL FEES OWED BY THE PUPIL'S PARENT OR GUARDIAN AND shall POST THis POLICY ON THE SCHOOL WEBSITE or make this policy available on request.
E. A SCHOOL DISTRICT GOVERNING BOARD OR A CHARTER SCHOOL GOVERNING BODY MAY ESTABLISH A PAYMENT PLAN FOR PARENTS OR GUARDIANS, USE monies FROM TAX CREDIT CONTRIBUTIONS PURSUANT TO section 43-1089.01 OR use monies from A MEAL FEE DEBT FUND that CONSISTs OF DONATIONS OR GIFTS TO BE USED TO PAY PUPILS' UNPAID school MEAL FEES.
Sec. 2. Section 43-1089.01, Arizona Revised Statutes, is amended to read:
43-1089.01. Tax credit; public school fees and contributions; definitions
A. A credit is allowed against the taxes imposed by this title for the amount of any fees paid or cash contributions made by a taxpayer or on the taxpayer's behalf pursuant to section 43‑401, subsection G during the taxable year to a public school located in this state for the following public school purposes:
1. Standardized testing for college credit or readiness offered by a widely recognized and accepted educational testing organization.
2. The career and technical education industry certification assessment.
3. Preparation courses and materials for standardized testing.
4. Cardiopulmonary resuscitation training pursuant to section 15‑718.01.
5. Extracurricular activities.
6. Character education programs.
7. Unpaid school meal fees.
B. The amount of the credit shall not exceed:
1. Two hundred dollars $200 for a single individual or a head of household.
2. Four hundred dollars $400 for a married couple filing a joint return.
C. A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one‑half of the tax credit that would have been allowed for a joint return.
D. The credit allowed by this section is in lieu of any deduction pursuant to section 170 of the internal revenue code and taken for state tax purposes.
E. If the allowable tax credit exceeds the taxes otherwise due under this title on the claimant's income, or if there are no taxes due under this title, the taxpayer may carry the amount of the claim not used to offset the taxes under this title forward for not more than five consecutive taxable years' income tax liability.
F. The site council of the public school that receives contributions that are not designated for a specific purpose shall determine how the contributions are used at the school site. If a charter school does not have a site council, the principal, director or chief administrator of the charter school shall determine how the contributions that are not designated for a specific purpose are used at the school site. If at the end of a fiscal year a public school has unspent contributions that were previously designated for a specific purpose or program and that purpose or program has been discontinued or has not been used for two consecutive fiscal years, these contributions shall be considered undesignated in the following fiscal year for the purposes of this subsection.
G. A public school that receives fees or a cash contribution pursuant to subsection A of this section shall report to the department, in a form prescribed by the department, by February 28 of each year the following information:
1. The total number of fee and cash contribution payments received during the previous calendar year.
2. The total dollar amount of fees and contributions received during the previous calendar year.
3. The total dollar amount of fees and contributions spent by the school during the previous calendar year, categorized by specific standardized testing, preparation courses and materials for standardized testing, extracurricular activity or character education program.
H. For the purposes of this section, a contribution for which a credit is claimed and that is made on or before the fifteenth day of the fourth month following the close of the taxable year may be applied to either the current or preceding taxable year and is considered to have been made on the last day of that taxable year.
I. For the purposes of this section:
1. "Career and technical education industry certification assessment" means an assessment for career and technical preparation programs for pupils.
2. "Character education programs" means a program described in section 15‑719.
3. "Extracurricular activities" means school‑sponsored activities that may require enrolled students to pay a fee in order to participate, including fees for:
(a) Band uniforms.
(b) Equipment or uniforms for varsity athletic activities.
(c) Scientific laboratory materials.
(d) In‑state or out‑of‑state trips that are solely for competitive events. Extracurricular activities do not include any senior trips or events that are recreational, amusement or tourist activities.
4. "Public school" means a school that is part of a school district, a career technical education district or a charter school.
5. "Standardized testing for college credit or readiness" includes the SAT, PSAT, ACT, advanced placement and international baccalaureate diploma tests and other similar tests.
6. "Widely recognized and accepted educational testing organization" means the college board, the ACT, the international baccalaureate and other organizations that are widely recognized and accepted by colleges and universities in the United States and that offer college credit and readiness examinations.
