Bill Text: DE HB401 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Titles 12 And 14 Of The Delaware Code Relating To Escheats.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-06-02 - Reported Out of Committee (EDUCATION) in House with 10 On Its Merits [HB401 Detail]

Download: Delaware-2009-HB401-Draft.html

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SPONSOR:	Rep. Oberle & Rep. Cathcart & Rep. D. Short

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 401

AN ACT TO AMEND TITLES 12 AND 14 OF THE DELAWARE CODE RELATING TO ESCHEATS.

WHEREAS, the purpose of this chapter is to provide a secure, ongoing funding source for universal school breakfast in Delaware in order to provide a healthy breakfast to all students in public and charter schools, regardless of family income.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §1198(11), Title 12 of the Delaware Code by renumbering the present §1198(11)(xiii) as

§1198(11)(xiv) and inserting a new §1198(11)(xiii) to read as follows:

"(xiii) unrefunded deposits, net of any recycling costs mandated by Chapter 60 of Title 7 of the Delaware Code, on cans, bottles, or other containers;".

Section 2.Amend §1198(11), Title 12 of the Delaware Code by adding a new subparagraph "c." to read as follows:

"c. All unrefunded deposits received pursuant to item (xiii) of this paragraph shall be deposited into the Delaware Universal Breakfast Fund established with the Office of Management and Budget.".

Section 3.Amend Part V, Title 14 of the Delaware Code by adding a new Chapter 80 to read as follows:

"Chapter 80.Delaware Universal Breakfast Fund

§ 801.Purpose.

The purpose of this chapter is to provide a secure ongoing funding source for universal school breakfast in Delaware in order to provide a healthy breakfast to all students in public and charter schools, regardless of family income.

§ 802.Funding.

There is hereby established within the Office of Management and Budget a special fund known as the ‘Delaware Universal Breakfast Fund'.

§ 803.Administration.

The Delaware Universal Breakfast Fund shall be administered jointly by the Director of the Office of Management and Budget and the Secretary of the Department of Education, the responsibilities of which shall consist of:

1) Dispersing appropriate allocations to every school district in Delaware in order to ensure access to breakfast to every child regardless of income;

2) Monitoring the expenditures of each district to ensure that funds are appropriately spent on breakfast for students each school day; and

3) Other duties necessary for the proper administration of the program.

§ 804.Eligible Recipients.

The funds are available only to school districts and charter schools in Delaware.School districts and charter schools shall be required to operate a free breakfast to all students regardless of family income.These funds are to follow the student and be administered by the district or charter school and be available for a universal school breakfast program based on a school's student census.

§ 805.Distribution of Funds.

Funds shall be distributed as necessary to provide for efficient operation of the breakfast program in each school, beginning in school year 2011-2012.

§ 806.Quality Assurance.

Meals provided through the school breakfast program shall meet all standards for current federal meal requirements as well as additional nutrition standards established for Delaware Breakfast at School, consistent with Institute of Medicine (IOM) recommendations to U.S. Department of Agriculture (USDA) by a Delaware Task Force on Universal School Breakfast, appointed by the Governor and consisting of representation from:

1.                    The Department of Education;

2.                    Food and Nutrition Supervisors;

3.                    The Delaware Dietetic Association;

4.                    Nemours Health and Prevention Services;

5.                    Department of Public Health;

6.                    Department of Agriculture;

7.                    A non-governmental representative from the advisory council of the Farm to School Program in the Department of Agriculture; and

8.                    Others as deemed necessary.

§ 807.Delivery of Meals.

Schools are encouraged to serve breakfast utilizing alternative serving models, such as breakfast in the classroom, grab and go carts, or other Innovative models each day to increase breakfast participation.

§ 808.Outreach.

The Department of Education shall con duct an outreach campaign to inform families about the availability and benefit of school breakfast using best practice models and shall assist school districts in implementing the universal school breakfast program.

SYNOPSIS

This bill clarifies the General Assembly's intent to escheat unrefunded bottle deposits held by any holder and further specifies that all unrefunded bottle deposits escheated to the State are to be used to support the Universal School Breakfast Fund.