New Mexico 2023 Regular Session Status: Enacted 2 D cosponsors

SB 4 — HEALTHY UNIVERSAL SCHOOL MEALS

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 17, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on March 27, 2023.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

247 added · 477 removed

Plain-language change summary

The bill has been renamed from the "Hunger-Free Students' Bill of Rights Act" to the "Healthy Hunger-Free Students' Bill of Rights Act." This change emphasizes not only the goal of providing meals to students but also ensuring those meals are healthy. By mandating free and healthy school meals for all students, the bill aims to improve student nutrition and overall well-being, which is important for their academic success and long-term health.

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SENATE EDUCATION COMMITTEE SUBSTITUTE FOR SENATE BILL 4 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO PUBLIC SCHOOLS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
CHANGING THE NAME OF THE HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT TO THE HEALTHY HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT;
h AN ACT g o RELATING TO PUBLIC SCHOOLS;
AMENDING AND ENACTING SECTIONS OF THE HEALTHY HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT;
CHANGING THE NAME OF THE t hr g e i k HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT TO THE HEALTHY h r i s HUNGER-FREE STUDENTS' BILL OF RIGHTS ACT;
AMENDING AND ENACTING h , t, SECTIONS OF THE HEALTHY HUNGER-FREE STUDENTS' BILL OF RIGHTS e u g e b l e e h ACT;
n d d i = = o h PRESCRIBING DUTIES OF THE PUBLIC EDUCATION DEPARTMENT SFCº ;
PRESCRIBING DUTIES OF THE PUBLIC EDUCATION DEPARTMENT.
l ] b ,d i a º e MAKING AN APPROPRIATION»SFC .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i = r t e w d m a n o d m :
b e d s º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e e a n e d r e l u [ A d SEC/SB 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SHORT TITLE.--[This act ] Chapter 22, Article 13C NMSA 1978 may be cited as the "Healthy Hunger-Free Students' Bill of Rights Act"." SECTION 2.
SHORT TITLE.--Chapter 22, Article 13C NMSA 1978 may be cited as the "Healthy Hunger-Free Students' Bill of Rights Act"." SECTION 2.
[A.
A.
"meal application" means an application for free or reduced-fee meals pursuant to the national school lunch program and school breakfast program;
"community eligibility provision" means the federal provision created pursuant to Subparagraph (F) of Paragraph (1) of Subsection (a) of 42 U.S.C.
and B.
Section 1759a that allows school districts to choose to receive federal special assistance payments for school meals in exchange for providing free school meals to all students enrolled in all SEC/SB 4 Page 1 or selected schools of the school district;
"school" means a public school district, a public school, a private school or a religious school.] A.
B.
"community eligibility provision" means the h federal provision created pursuant to Subparagraph (F) of g o Paragraph (1) of Subsection (a) of 42 U.S.C.
"direct certification" means the process by which eligible children are certified for free meals without the need for a household application based on household participation in one or more means-tested federal assistance programs;
Section 1759a that t hr g e i k allows school districts to choose to receive federal special h r i s assistance payments for school meals in exchange for providing h , t, free school meals to all students enrolled in all or selected e u g e b l e e h schools of the school district;
n d d i = = o h B.
"direct certification" means the process by l ] b ,d i a º e which eligible children are certified for free meals without r i = r t e w d m a n o the need for a household application based on household d m :
b e d s º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 2 - e a n e d r e l u [ A d SEC/SB 4 participation in one or more means-tested federal assistance programs;
"identified student percentage" means the percentage of a school food authority's student enrollment that h u » r is certified as eligible for free meals based on a t h g e documentation of benefit of receipt or categorical eligibility l i h r as described in 7 C.F.R.
"identified student percentage" means the percentage of a school food authority's student enrollment that is certified as eligible for free meals based on a documentation of benefit of receipt or categorical eligibility as described in 7 C.F.R.
i s h , e h G.
SEC/SB 4 Page 2 G.
"meal application" means an application for free t u g e b l or reduced-price meals pursuant to the national school lunch e e , gh n d d i program and the school breakfast program;
"meal application" means an application for free or reduced-price meals pursuant to the national school lunch program and the school breakfast program;
= = o h l ] b ,d i a º r H.
H.
"paid meal rate" means the paid student rate e r = t e w d reported by the department to the United States department of m a n o d m :
"paid meal rate" means the paid student rate reported by the department to the United States department of agriculture based on the average paid meal rate charged by school food authorities in the prior school year;
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 3 - e a n e d r e l u [ A d SEC/SB 4 agriculture based on the average paid meal rate charged by school food authorities in the prior school year;
"unprocessed and minimally processed products" means raw or frozen products, products that retain their inherent character, such as shredded carrots or ground beef, h and dried products, such as beans, but does not include any g o products that are heated, cooked or canned;
"unprocessed and minimally processed products" means raw or frozen products, products that retain their inherent character, such as shredded carrots or ground beef, and dried products, such as beans, but does not include any products that are heated, cooked or canned;
and t hr g e i k M.
and M.
"value-added processed products" means products h r i s that are altered from their unprocessed or minimally processed h , t, state through preservation techniques, including cooking, e u g e b l e e h baking or canning." n d d i = = o h SECTION 3.
"value-added processed products" means products SEC/SB 4 Page 3 that are altered from their unprocessed or minimally processed state through preservation techniques, including cooking, baking or canning." SECTION 3.
Section 22-13C-4 NMSA 1978 (being Laws 2017, l ] b ,d i a º e Chapter 117, Section 4) is amended to read:
Section 22-13C-4 NMSA 1978 (being Laws 2017, Chapter 117, Section 4) is amended to read:
r i = r t e w d m a n o "22-13C-4.
"22-13C-4.
[REQUIREMENT TO PROVIDE MEALS AND ENSURE THAT d m :
UNIVERSAL SCHOOL MEALS FOR CHILDREN.-- A.
b e d s º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 4 - e a n e d r e l u [ A d SEC/SB 4 ELIGIBLE STUDENTS ARE ENROLLED ] UNIVERSAL SCHOOL MEALS FOR CHILDREN.-- [A.
Regardless of whether or not a student has money to pay for a meal or owes money for earlier meals, a school:
(1) shall provide a United States department of agriculture reimbursable meal to a student who requests one, unless the student's parent or guardian has specifically provided written permission to the school to withhold a meal;
and (2) shall not require that a student throw away a meal after it has been served because of the student's inability to pay for the meal or because money is owed for earlier meals.
B.
If a student owes money for five or more meals, a school shall:
h (1) check the state list of students g o categorically eligible for free meals to determine if the t hr g e student is categorically eligible;
i k h r i s (2) make at least two attempts, not including h , t, the application or instructions included in a school enrollment e u g e b l packet, to reach the student's parent or guardian and have the e e h n d d i parent or guardian fill out a meal application;
and = = o h l ] b ,d i a º e (3) require a principal, assistant principal r i = r t e w d or counselor to contact the parent or guardian to offer m a n o d m :
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b e d s º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 5 - e a n e d r e l u [ A d SEC/SB 4 assistance with a meal application, determine if there are other issues within the household that have caused the child to have insufficient funds to purchase a school meal and offer any other assistance that is appropriate.] A.
Bureau of Indian education schools, tribally controlled schools and private schools operating the national school lunch and the school breakfast program may establish a program to offer high- quality meals at no charge to students.
Bureau of Indian education schools, tribally controlled schools and private schools operating the national school lunch and the school breakfast program may establish a program to offer high-quality meals at no charge to students.
All participating school food authorities shall offer one breakfast and one lunch at no cost to students during each school day to any student who requests a meal without consideration of the student's eligibility for a federally funded free or reduced-price meal, h with a maximum of one free meal for each meal service period.
All participating school food authorities shall offer one breakfast and one lunch at no cost to students during each school day to any student who requests a meal without consideration of the student's eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period.
u » r B.
B.
The department shall award funding to each t h g e school food authority that establishes a program pursuant to l i h r i s the provisions of Subsection E of this section as follows:
The department shall award funding to each school food authority that establishes a program pursuant to the provisions of Subsection E of this section as follows:
h , e h (1) for school food authorities that meet the t u g e b l meal quality improvement requirements established pursuant to e e , gh n d d i = = o h Subsection E of this section, the department shall distribute l ] b ,d i a º r to each such school food authority an amount that is equal to e r = t e w d the federal free meal reimbursement rate multiplied by the m a n o d m :
(1) for school food authorities that meet the meal quality improvement requirements established SEC/SB 4 Page 4 pursuant to Subsection E of this section, the department shall distribute to each such school food authority an amount that is equal to the federal free meal reimbursement rate multiplied by the total number of eligible meals served during the applicable budget year, minus an amount equal to the federal paid meal reimbursement for eligible meals served during the applicable budget year;
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 6 - e a n e d r e l u [ A d SEC/SB 4 total number of eligible meals served during the applicable budget year, minus an amount equal to the federal paid meal reimbursement for eligible meals served during the applicable budget year;
By August 1 of each year, the department shall h u » r inform eligible school food authorities of the amount of t h g e program funding they will receive during the upcoming school l i h r year.
By August 1 of each year, the department shall inform eligible school food authorities of the amount of program funding they will receive during the upcoming school year.
When calculating the amount of program funding that is i s h , e h due to a school food authority, the department shall assume t u g e b l that student participation will remain at the same level as the e e , gh n d d i previous school year.
When calculating the amount of program funding that is due to a school food authority, the department shall assume that student participation will remain at the same level as SEC/SB 4 Page 5 the previous school year.
= = o h l ] b ,d i a º r E.
E.
The department shall promulgate rules necessary e r = t e w d for implementation of this section, including rules providing m a n o d m :
The department shall promulgate rules necessary for implementation of this section, including rules providing for:
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 7 - e a n e d r e l u [ A d SEC/SB 4 for:
Each school food authority that has a school or site with an identified student percentage of at least forty percent, or an identified student percentage of less than forty h percent if authorized by federal law, as determined annually by u » r the deadline set by the United States department of t h g e agriculture, shall participate in the federal community l i h r i s eligibility provision in the subsequent school year and h , e h throughout the duration of the community eligibility t u g e b l provision's four-year cycle.
Each school food authority that has a school or site with an identified student percentage of at least forty percent, or an identified student percentage of less than forty percent if authorized by federal law, as determined annually by the deadline set by the United States department of agriculture, shall participate in the federal community eligibility provision in the subsequent school year and throughout the duration of the community eligibility provision's four-year cycle.
School food authorities, to the e e , gh n d d i = = o h extent practicable, shall group public schools for purposes of l ] b ,d i a º r maximizing the number of schools eligible to participate in the e r = t e w d community eligibility provision.
School food authorities, to the SEC/SB 4 Page 6 extent practicable, shall group public schools for purposes of maximizing the number of schools eligible to participate in the community eligibility provision.
m a n o d m :
G.
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 8 - e a n e d r e l u [ A d SEC/SB 4 G.
"[NEW MATERIAL] INCENTIVIZE NEW MEXICO-GROWN FOODS.-- A.
"INCENTIVIZE NEW MEXICO-GROWN FOODS.-- A.
School food authorities are eligible to receive h u » r an incentive grant pursuant to this section to purchase New t h g e Mexico-grown, -raised or -processed products.
School food authorities are eligible to receive an incentive grant pursuant to this section to purchase New Mexico-grown, -raised or -processed products.
A participating l i h r school food authority may use the amount received pursuant to i s h , e h this section to support implementation of program requirements t u g e b l described in Subsection E of Section 3 of the Healthy Hunger- e e , gh n d d i Free Students' Bill of Rights Act.
A participating school food authority may use the amount received pursuant to this section to support implementation of program requirements described in Subsection E of Section SEC/SB 4 Page 7 3 of the Healthy Hunger-Free Students' Bill of Rights Act.
= = o h l ] b ,d i a º r B.
B.
School food authorities shall use the money e r = t e w d received pursuant to this section to purchase New Mexico-grown, m a n o d m :
School food authorities shall use the money received pursuant to this section to purchase New Mexico-grown, -raised or -processed products.
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 9 - e a n e d r e l u [ A d SEC/SB 4 -raised or -processed products.
A new section of the Healthy Hunger-Free h Students' Bill of Rights Act is enacted to read:
A new section of the Healthy Hunger-Free Students' Bill of Rights Act is enacted to read:
u » r "[NEW MATERIAL ] ADDRESSING FOOD WASTE.--By no later than t h g e July 1, 2025, a school food authority shall seek to achieve the l i h r i s lowest level of food waste, which shall include all of the h , e h following:
"ADDRESSING FOOD WASTE.--By no later than July 1, 2025, a school food authority shall seek to achieve the lowest level of food waste, which shall include all of the following:
t u g e b l A.
SEC/SB 4 Page 8 A.
students in grades kindergarten through five e e , gh n d d i = = o h shall be allowed to have up to twenty minutes of seated lunch l ] b ,d i a º r time each school day to provide sufficient lunch periods that e r = t e w d are long enough to give all students adequate time to eat;
students in grades kindergarten through five shall be allowed to have up to twenty minutes of seated lunch time each school day to provide sufficient lunch periods that are long enough to give all students adequate time to eat;
and m a n o d m :
and B.
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e - 10 - e a n e d r e l u [ A d SEC/SB 4 B.
Allowable food placed on the share tables that is not taken by a student during the course of a regular school meal period shall be donated to students, food banks or other nonprofit charitable organizations." SFCº SECTION 6.
Allowable food placed on the share tables that is not taken by a student during the course of a regular school meal period shall be donated to students, food banks or other nonprofit charitable organizations." SECTION 6.
APPROPRIATION.--Thirty million dollars ($30,000,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2024 and subsequent fiscal years to implement the provisions of the Healthy Hunger-Free Students' Bill of Rights Act.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.»SFC SECTION SFCº 7.»SFC SFCº6.»SFC EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
SEC/SB 4 Page 9 25
- 11 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .224541.1AIC March 3, 2023 (9:23am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Education Committee

  5. passed Senate

  6. DO PASS, as amended, committee report adopted

  7. DO NOT PASS, replaced with committee substitute

  8. Sent to Senate Education Committee & Senate Finance Committee

  9. Sent to Senate Pre-file

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety education
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Frequently asked questions

Who sponsors SB 4?
SB 4 is sponsored by Michael Padilla (Democrat) and Leo Jaramillo (Democrat).
What is the current status of SB 4?
This bill has been enacted into law. Introduced January 17, 2023. Enacted.
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