93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4058


 
Introduced 1/14/2004, by David E. Miller
 
SYNOPSIS AS INTRODUCED:
 		














105 ILCS 5/10-20.39 new





105 ILCS 5/34-18.30 new










    Amends the School Code. Prohibits a public school from selling,
offering for sale, or otherwise offering or providing soft drinks to pupils at
school at any time, with exceptions. Prohibits a public school from
maintaining or allowing to be maintained a vending machine that is
located at a school or on school grounds, that sells soft drinks, and that
is accessible to pupils, with exceptions. Provides for a penalty.


















LRB093 16426 NHT 42065 b




















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4058

LRB093 16426 NHT 42065 b









1
    AN ACT concerning schools. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The School Code is amended by adding Sections

5
10-20.39 and 34-18.30 as follows:


 
6
    (105 ILCS 5/10-20.39 new)

7
    Sec. 10-20.39. Soft drinks prohibited.

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    (a) As used in this Section, "soft drink" does not include 
9
milk,
water, or a juice drink that is 100% juice.

10
    (b) Except as otherwise provided in subsection (c) of this 
11
Section, a
school shall not do any of the following:

12
        (1) Sell, offer for sale, or otherwise offer or provide 
13
    soft
drinks to pupils at school at any time.

14
        (2) Maintain or allow to be maintained a vending 
15
    machine
that is located at the school or on school grounds, 
16
    that sells soft
drinks, and that is accessible to pupils.

17
    (c) This Section does not prohibit any of the following:

18
        (1) Selling, offering for sale, or otherwise offering 
19
    or
providing soft drinks to pupils before or after regular 
20
    school hours at a high
school or at a high school activity 
21
    or event.

22
        (2) Maintaining or allowing to be maintained a vending

23
    machine described in subdivision (2) of subsection (b) of 
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    this
Section if it is located at a high school or on the 
25
    grounds of a high
school and is either not accessible to 
26
    pupils during the regular
school day or not operable during 
27
    the regular school day.

28
        (3) Selling, offering for sale, or otherwise offering 
29
    or
providing soft drinks to pupils at a school after school 
30
    hours at an
activity or event at which parents are present.

31
    (d) If the State Board of Education determines that a 
32
school has violated
this
Section, the State Board of Education 
 


 









HB4058
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LRB093 16426 NHT 42065 b







1
shall issue an appropriate notice
to cease and desist to the 
2
school. If the State Board of Education
determines that the 
3
school continues to violate this Section after receipt
of a 
4
cease and desist notice, the school district of that school 
5
shall forfeit
an amount equal to 5% of its total State aid 
6
allocation under Section
18-8.05 of this Code attributable to 
7
that school for the school year in
which the violation occurs.


 
8
    (105 ILCS 5/34-18.30 new)

9
    Sec. 34-18.30. Soft drinks prohibited.

10
    (a) As used in this Section, "soft drink" does not include 
11
milk,
water, or a juice drink that is 100% juice.

12
    (b) Except as otherwise provided in subsection (c) of this 
13
Section,
a school shall not do any of the following:

14
        (1) Sell, offer for sale, or otherwise offer or provide 
15
    soft
drinks to pupils at school at any time.

16
        (2) Maintain or allow to be maintained a vending 
17
    machine
that is located at the school or on school grounds, 
18
    that sells soft
drinks, and that is accessible to pupils.

19
    (c) This Section does not prohibit any of the following:

20
        (1) Selling, offering for sale, or otherwise offering 
21
    or
providing soft drinks to pupils before or after regular 
22
    school hours at a high
school or at a high school activity 
23
    or event.

24
        (2) Maintaining or allowing to be maintained a vending

25
    machine described in subdivision (2) of subsection (b) of 
26
    this
Section if it is located at a high school or on the 
27
    grounds of a high
school and is either not accessible to 
28
    pupils during the regular
school day or not operable during 
29
    the regular school day.

30
        (3) Selling, offering for sale, or otherwise offering 
31
    or
providing soft drinks to pupils at a school after school 
32
    hours at an
activity or event at which parents are present.

33
    (d) If the State Board of Education determines that a 
34
school has violated
this
Section, the State Board of Education 
35
shall issue an appropriate notice
to cease and desist to the 
 


 









HB4058
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LRB093 16426 NHT 42065 b







1
school. If the State Board of Education
determines that the 
2
school continues to violate this Section after receipt
of a 
3
cease and desist notice, the school district of that school 
4
shall forfeit
an amount equal to 5% of its total State aid 
5
allocation under Section
18-8.05 of this Code attributable to 
6
that school for the school year in
which the violation occurs.