Sen. Ram Villivalam

Filed: 5/17/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3643

2    AMENDMENT NO. ______. Amend House Bill 3643 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by adding Sections
510-20.85 and 34-18.82 as follows:
 
6    (105 ILCS 5/10-20.85 new)
7    Sec. 10-20.85. Religious dietary food options.
8    (a) Throughout the State, students depend on schools to
9provide nutritionally balanced, low-cost or free school
10lunches each day. This Section is intended to accommodate the
11religious meal practices of students in a manner that elevates
12such accommodation over a school's compelling interest in
13providing students with nutritious, reasonable, and low-cost
14school lunches. The General Assembly intends for schools to
15accommodate requests for religious meals in accordance with
16this Section to the extent that the religious meal

 

 

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1accommodations do not impose excessive or unjustified burdens
2on other students or jeopardize the effective functioning of
3the school lunch program.
4    (b) In this Section, "religious dietary food option" means
5meals that meet specific foods and food preparation techniques
6that satisfy religious dietary requirements.
7    (c) Subject to appropriation, to meet the requirement of
8providing a religious dietary food option as part of a school
9lunch program, each school district shall provide religious
10dietary food options, including, but not limited to, halal and
11kosher food options. A school district is required to comply
12with this subsection only if the State Board of Education is
13able to secure a statewide education master contract and
14provide a religious dietary food option to the school district
15pursuant to subsection (e) of this Section. School districts
16shall meet this requirement by offering students the
17opportunity to order prepackaged meals made available by the
18State Board of Education through a statewide education master
19contract pursuant to Article 28A of this Code. By July 1 of
20each year, the State Board of Education shall notify school
21districts of any available prepackaged meal options for the
22upcoming school year. School districts shall adopt procedures
23regarding ordering, preparing, and serving prepackaged meal
24options offered under a statewide education master contract.
25All meal options provided by a statewide education master
26contract entered into to purchase religious dietary food

 

 

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1options must meet federal nutritional standards and be
2eligible for federal free and reduced-price lunch programs.
3School districts may not be charged more than the reimbursable
4Type A lunch reimbursement amount for any meal offered under
5the statewide education master contract. Any meal offered
6under a statewide education master contract may not require a
7school district to purchase any special or additional kitchen
8preparation equipment or storage equipment and may not require
9either any specialized staff, other than those staff members
10who are currently available in a school, or any special
11certifications.
12    (d) Any vendor offering halal food products to the school
13district shall certify that the food or food product is halal
14and that the vendor is in compliance with the Halal Food Act.
15Any vendor offering kosher food products to the school
16district shall certify that the food or food product is kosher
17and that the vendor is in compliance with the Kosher Food Act.
18The school district may rely upon these certifications.
19    (e) The State Board of Education shall enter into a
20statewide education master contract under Article 28A of this
21Code with a vendor for packaged meals that meet both the
22federal and State nutritional guidelines for school lunch
23programs, as defined in the School Breakfast and Lunch Program
24Act, for the purpose of providing a statewide option for
25school districts to purchase meals that meet the requirements
26of this Section. The State Board of Education may enter into as

 

 

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1many contracts as needed in order to provide access for school
2districts statewide. The contract must include packaged meal
3delivery directly to any requesting school in this State at a
4uniform delivery cost, regardless of the school's location.
5The State Board of Education shall notify all school districts
6of the award of the contract as required in subsection (c) of
7Section 10-20.21 of this Code. Upon notice, a school district
8may purchase prepackaged meals from the contracted vendor as
9needed in order to comply with subsection (c) of this Section.
 
10    (105 ILCS 5/34-18.82 new)
11    Sec. 34-18.82. Religious dietary food options.
12    (a) Throughout the State, students depend on schools to
13provide nutritionally balanced, low-cost or free school
14lunches each day. This Section is intended to accommodate the
15religious meal practices of students in a manner that elevates
16such accommodation over a school's compelling interest in
17providing students with nutritious, reasonable, and low-cost
18school lunches. The General Assembly intends for schools to
19accommodate requests for religious meals in accordance with
20this Section to the extent that the religious meal
21accommodations do not impose excessive or unjustified burdens
22on other students or jeopardize the effective functioning of
23the school lunch program.
24    (b) In this Section, "religious dietary food option" means
25meals that meet specific foods and food preparation techniques

 

 

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1that satisfy religious dietary requirements.
2    (c) Subject to appropriation, to meet the requirement of
3providing a religious dietary food option as part of a school
4lunch program, the school district shall provide religious
5dietary food options, including, but not limited to, halal and
6kosher food options. The school district is required to comply
7with this subsection only if the State Board of Education is
8able to secure a statewide education master contract and
9provide a religious dietary food option to the school district
10pursuant to subsection (e) of this Section. The school
11district shall meet this requirement by offering students the
12opportunity to order prepackaged meals made available by the
13State Board of Education through a statewide education master
14contract pursuant to Article 28A of this Code. By July 1 of
15each year, the State Board of Education shall notify the
16school district of any available prepackaged meal options for
17the upcoming school year. The school district shall adopt
18procedures regarding ordering, preparing, and serving
19prepackaged meal options offered under a statewide education
20master contract. All meal options provided by a statewide
21education master contract entered into to purchase religious
22dietary food options must meet federal nutritional standards
23and be eligible for federal free and reduced-price lunch
24programs. The school district may not be charged more than the
25reimbursable Type A lunch reimbursement amount for any meal
26offered under the statewide education master contract. Any

 

 

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1meal offered under a statewide education master contract may
2not require the school district to purchase any special or
3additional kitchen preparation equipment or storage equipment
4and may not require either any specialized staff, other than
5those staff members who are currently available in a school,
6or any special certifications.
7    (d) Any vendor offering halal food products to the school
8district shall certify that the food or food product is halal
9and that the vendor is in compliance with the Halal Food Act.
10Any vendor offering kosher food products to the school
11district shall certify that the food or food product is kosher
12and that the vendor is in compliance with the Kosher Food Act.
13The school district may rely upon these certifications.
14    (e) The State Board of Education shall enter into a
15statewide education master contract as provided in subsection
16(e) of Section 10-20.85 of this Code. The State Board of
17Education shall notify the school district of the award of the
18contract as required in subsection (c) of Section 10-20.21 of
19this Code. Upon notice, the school district may purchase
20prepackaged meals from the contracted vendor as needed in
21order to comply with subsection (c) of this Section.
 
22    Section 10. The University of Illinois Hospital Act is
23amended by adding Section 8h as follows:
 
24    (110 ILCS 330/8h new)

 

 

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1    Sec. 8h. Religious dietary food options.
2    (a) In this Section, "religious dietary food options"
3means meals that meet specific foods and food preparation
4techniques that satisfy religious dietary requirements.
5    (b) The University of Illinois Hospital shall offer, upon
6request provided with reasonable notice, at the University of
7Illinois Hospital, religious dietary food options that comply
8with federal and State nutritional guidelines. After an
9individual submits a request for a religious dietary food
10option, the University of Illinois Hospital shall make
11accommodations for the request as soon as the University of
12Illinois Hospital is able to provide the meals.
13    (c) The provisions of this Section shall not infringe upon
14or affect any obligation in a contract entered into and in
15effect on or before the effective date of this amendatory Act
16of the 103rd General Assembly.
 
17
18    Section 15. The Halal Food Act is amended by adding
19Section 25 as follows:
 
20    (410 ILCS 637/25 new)
21    Sec. 25. State facility halal food options.
22    (a) In this Section, "State-owned or State-operated
23facility" means either of the following:
24        (1) A hospital that is organized under the University

 

 

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1    of Illinois Hospital Act.
2        (2) A penal institution, as that term is defined under
3    Section 2-14 of the Criminal Code of 2012, that is owned or
4    operated by the State.
5    (b) Any halal food product offered by a State-owned or
6State-operated facility shall be purchased from a
7halal-certified vendor. Any person, organization, or vendor
8falsely representing a food product it provides as halal or
9falsely representing itself as a halal-certified vendor is
10subject to penalties under this Act.
11    (c) The provisions of this Section shall not infringe upon
12or affect any obligation in a contract entered into and in
13effect on or before the effective date of this amendatory Act
14of the 103rd General Assembly.
 
15    Section 20. The Kosher Food Act is amended by adding
16Sections 0.05 and 1.5 and by changing Section 2 as follows:
 
17    (410 ILCS 645/0.05 new)
18    Sec. 0.05. Definition. In this Act, "kosher" means
19supervised, prepared under, and maintained in strict
20compliance with the laws and customs of the Jewish religion,
21including, but not limited to, the laws and customs of
22shechita requiring the slaughter of animals according to
23appropriate Jewish law, and in compliance with the strictest
24standards of Jewish law as expressed by reliable, recognized

 

 

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1Jewish entities and Jewish rabbis.
 
2    (410 ILCS 645/1.5 new)
3    Sec. 1.5. State facility kosher food options.
4    (a) In this Section, "State-owned or State-operated
5facility" means either of the following:
6        (1) A hospital that is organized under the University
7    of Illinois Hospital Act.
8        (2) A penal institution, as that term is defined under
9    Section 2-14 of the Criminal Code of 2012, that is owned or
10    operated by the State.
11    (b) Any kosher food product offered by a State-owned or
12State-operated facility shall be purchased from a
13kosher-certified vendor. Any person, organization, or vendor
14falsely representing a food product it provides as kosher or
15falsely representing itself as a kosher-certified vendor is
16subject to penalties under Section 2 of this Act.
17    (c) The provisions of this Section shall not infringe upon
18or affect any obligation in a contract entered into and in
19effect on or before the effective date of this amendatory Act
20of the 103rd General Assembly.
 
21    (410 ILCS 645/2)  (from Ch. 56 1/2, par. 288.2)
22    Sec. 2. Any person convicted of violating Section 1 or 1.5
23of this Act, shall for the first offense, be guilty of a Class
24C misdemeanor and for the second and each subsequent offense

 

 

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1shall be guilty of a Class A misdemeanor.
2(Source: P.A. 77-2510.)
 
3    Section 25. The Unified Code of Corrections is amended by
4adding Section 3-7-9 as follows:
 
5    (730 ILCS 5/3-7-9 new)
6    Sec. 3-7-9. Religious dietary food options.
7    (a) In this Section, "religious dietary food options"
8means meals that meet specific foods and food preparation
9techniques that satisfy religious dietary requirements.
10    (b) Any Department of Corrections facility that provides
11food services or cafeteria services for which food products
12are provided or offered for sale shall also offer, upon
13request provided with reasonable notice, religious dietary
14food options that comply with federal and State nutritional
15guidelines at the Department of Corrections facility. After an
16individual submits a request for a religious dietary food
17option, the Department of Corrections facility shall make
18accommodations for the request as soon as the Department of
19Corrections facility is able to provide the meals.
20    (c) The provisions of this Section shall not infringe upon
21or affect any obligation in a contract entered into and in
22effect on or before the effective date of this amendatory Act
23of the 103rd General Assembly.
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect June 1,
42024.".