1. (1) For each fiscal year, the general assembly shall make an appropriation by separate line item in the annual general appropriation bill to allow school food authorities to provide lunches at no charge for children in state-subsidized early childhood education programs administered by public schools or in kindergarten through twelfth grade participating in the school lunch program who would otherwise be required to pay a reduced price for lunch and to offset the costs incurred by a facility school in providing lunch to students who are placed in the facility and are eligible to participate in the school lunch program. The appropriation to the department for the program must be in addition to any appropriation made by the general assembly pursuant to section 22-54-123 or 22-54-123.5 (1). The department may expend not more than two percent of the money annually appropriated for the program to offset the direct and indirect costs incurred by the department in implementing the program pursuant to this part 1.
2. (1.5) Repealed.
3. (2) The department is authorized to seek and accept gifts, grants, and donations from public and private sources for the purposes of this part 1, but receipt of gifts, grants, and donations are not a prerequisite to the implementation of the program.
4. (3) To the extent permitted by law, the department may, at its discretion, direct other moneys to fund the program.

Source: L. 2008: Entire article added, p. 1641, § 2, effective August 5. L. 2009: (1) amended, (SB 09-230), ch. 227, p. 1037, § 14, effective May 4; (1) amended, (SB 09-033), ch. 54, p. 193, § 2, effective August 5. L. 2014: (1) amended, (HB 14-1156), ch. 319, p. 1397, § 2, effective August 6. L. 2015: (1) amended, (SB 15-235), ch. 127, p. 394, § 1, effective May 1. L. 2018: (1.5) added, (SB 18-013), ch. 267, p. 1648, § 2, effective May 29. L. 2019: (1) amended and (1.5) repealed, (HB 19-1171), ch. 148, p. 1768, § 2, effective August 2. Referred 2022: (1) and (2) amended, Proposition FF, L. 2022, (HB 22-1414), ch. 509, p. 4287, § 4, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (1) amended, (SB 23-287), ch. 189, p. 934, § 18, effective May 15.

Editor's note: (1) Amendments to subsection (1) by Senate Bill 09-033 and Senate Bill 09-230 were harmonized.

(2) Subsections (1) and (2) were amended by HB 22-1414. That bill contains a referendum clause, Proposition FF, and was approved by a vote of the registered electors of the state of Colorado on November 8, 2022. Subsections (1) and (2) took effect upon the proclamation of the Governor, December 27, 2022. The vote count for the measure was as follows:

FOR: 1,384,852

AGAINST: 1,055,583

Cross references: For the legislative declaration in SB 23-287, see section 1 of chapter 189, Session Laws of Colorado 2023.