Illinois General Assembly - Full Text of HB3643
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Full Text of HB3643  103rd General Assembly

HB3643enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB3643 EnrolledLRB103 29779 RJT 56186 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17accommodations do not impose excessive or unjustified burdens
18on other students or jeopardize the effective functioning of
19the school lunch program.
20    (b) In this Section, "religious dietary food option" means
21meals that meet specific foods and food preparation techniques
22that satisfy religious dietary requirements.
23    (c) Subject to appropriation, to meet the requirement of

 

 

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

 

 

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1preparation equipment or storage equipment and may not require
2either any specialized staff, other than those staff members
3who are currently available in a school, or any special
4certifications.
5    (d) Any vendor offering halal food products to the school
6district shall certify that the food or food product is halal
7and that the vendor is in compliance with the Halal Food Act.
8Any vendor offering kosher food products to the school
9district shall certify that the food or food product is kosher
10and that the vendor is in compliance with the Kosher Food Act.
11The school district may rely upon these certifications.
12    (e) The State Board of Education shall enter into a
13statewide education master contract under Article 28A of this
14Code with a vendor for packaged meals that meet both the
15federal and State nutritional guidelines for school lunch
16programs, as defined in the School Breakfast and Lunch Program
17Act, for the purpose of providing a statewide option for
18school districts to purchase meals that meet the requirements
19of this Section. The State Board of Education may enter into as
20many contracts as needed in order to provide access for school
21districts statewide. The contract must include packaged meal
22delivery directly to any requesting school in this State at a
23uniform delivery cost, regardless of the school's location.
24The State Board of Education shall notify all school districts
25of the award of the contract as required in subsection (c) of
26Section 10-20.21 of this Code. Upon notice, a school district

 

 

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1may purchase prepackaged meals from the contracted vendor as
2needed in order to comply with subsection (c) of this Section.
 
3    (105 ILCS 5/34-18.82 new)
4    Sec. 34-18.82. Religious dietary food options.
5    (a) Throughout the State, students depend on schools to
6provide nutritionally balanced, low-cost or free school
7lunches each day. This Section is intended to accommodate the
8religious meal practices of students in a manner that elevates
9such accommodation over a school's compelling interest in
10providing students with nutritious, reasonable, and low-cost
11school lunches. The General Assembly intends for schools to
12accommodate requests for religious meals in accordance with
13this Section to the extent that the religious meal
14accommodations do not impose excessive or unjustified burdens
15on other students or jeopardize the effective functioning of
16the school lunch program.
17    (b) In this Section, "religious dietary food option" means
18meals that meet specific foods and food preparation techniques
19that satisfy religious dietary requirements.
20    (c) Subject to appropriation, to meet the requirement of
21providing a religious dietary food option as part of a school
22lunch program, the school district shall provide religious
23dietary food options, including, but not limited to, halal and
24kosher food options. The school district is required to comply
25with this subsection only if the State Board of Education is

 

 

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1able to secure a statewide education master contract and
2provide a religious dietary food option to the school district
3pursuant to subsection (e) of this Section. The school
4district shall meet this requirement by offering students the
5opportunity to order prepackaged meals made available by the
6State Board of Education through a statewide education master
7contract pursuant to Article 28A of this Code. By July 1 of
8each year, the State Board of Education shall notify the
9school district of any available prepackaged meal options for
10the upcoming school year. The school district shall adopt
11procedures regarding ordering, preparing, and serving
12prepackaged meal options offered under a statewide education
13master contract. All meal options provided by a statewide
14education master contract entered into to purchase religious
15dietary food options must meet federal nutritional standards
16and be eligible for federal free and reduced-price lunch
17programs. The school district may not be charged more than the
18reimbursable Type A lunch reimbursement amount for any meal
19offered under the statewide education master contract. Any
20meal offered under a statewide education master contract may
21not require the school district to purchase any special or
22additional kitchen preparation equipment or storage equipment
23and may not require either any specialized staff, other than
24those staff members who are currently available in a school,
25or any special certifications.
26    (d) Any vendor offering halal food products to the school

 

 

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1district shall certify that the food or food product is halal
2and that the vendor is in compliance with the Halal Food Act.
3Any vendor offering kosher food products to the school
4district shall certify that the food or food product is kosher
5and that the vendor is in compliance with the Kosher Food Act.
6The school district may rely upon these certifications.
7    (e) The State Board of Education shall enter into a
8statewide education master contract as provided in subsection
9(e) of Section 10-20.85 of this Code. The State Board of
10Education shall notify the school district of the award of the
11contract as required in subsection (c) of Section 10-20.21 of
12this Code. Upon notice, the school district may purchase
13prepackaged meals from the contracted vendor as needed in
14order to comply with subsection (c) of this Section.
 
15    Section 10. The University of Illinois Hospital Act is
16amended by adding Section 8h as follows:
 
17    (110 ILCS 330/8h new)
18    Sec. 8h. Religious dietary food options.
19    (a) In this Section, "religious dietary food options"
20means meals that meet specific foods and food preparation
21techniques that satisfy religious dietary requirements.
22    (b) The University of Illinois Hospital shall offer, upon
23request provided with reasonable notice, at the University of
24Illinois Hospital, religious dietary food options that comply

 

 

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1with federal and State nutritional guidelines. After an
2individual submits a request for a religious dietary food
3option, the University of Illinois Hospital shall make
4accommodations for the request as soon as the University of
5Illinois Hospital is able to provide the meals.
6    (c) The provisions of this Section shall not infringe upon
7or affect any obligation in a contract entered into and in
8effect on or before the effective date of this amendatory Act
9of the 103rd General Assembly.
 
10
11    Section 15. The Halal Food Act is amended by adding
12Section 25 as follows:
 
13    (410 ILCS 637/25 new)
14    Sec. 25. State facility halal food options.
15    (a) In this Section, "State-owned or State-operated
16facility" means either of the following:
17        (1) A hospital that is organized under the University
18    of Illinois Hospital Act.
19        (2) A penal institution, as that term is defined under
20    Section 2-14 of the Criminal Code of 2012, that is owned or
21    operated by the State.
22    (b) Any halal food product offered by a State-owned or
23State-operated facility shall be purchased from a
24halal-certified vendor. Any person, organization, or vendor

 

 

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1falsely representing a food product it provides as halal or
2falsely representing itself as a halal-certified vendor is
3subject to penalties under this Act.
4    (c) The provisions of this Section shall not infringe upon
5or affect any obligation in a contract entered into and in
6effect on or before the effective date of this amendatory Act
7of the 103rd General Assembly.
 
8    Section 20. The Kosher Food Act is amended by adding
9Sections 0.05 and 1.5 and by changing Section 2 as follows:
 
10    (410 ILCS 645/0.05 new)
11    Sec. 0.05. Definition. In this Act, "kosher" means
12supervised, prepared under, and maintained in strict
13compliance with the laws and customs of the Jewish religion,
14including, but not limited to, the laws and customs of
15shechita requiring the slaughter of animals according to
16appropriate Jewish law, and in compliance with the strictest
17standards of Jewish law as expressed by reliable, recognized
18Jewish entities and Jewish rabbis.
 
19    (410 ILCS 645/1.5 new)
20    Sec. 1.5. State facility kosher food options.
21    (a) In this Section, "State-owned or State-operated
22facility" means either of the following:
23        (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 kosher food product offered by a State-owned or
6State-operated facility shall be purchased from a
7kosher-certified vendor. Any person, organization, or vendor
8falsely representing a food product it provides as kosher or
9falsely representing itself as a kosher-certified vendor is
10subject to penalties under Section 2 of 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    (410 ILCS 645/2)  (from Ch. 56 1/2, par. 288.2)
16    Sec. 2. Any person convicted of violating Section 1 or 1.5
17of this Act, shall for the first offense, be guilty of a Class
18C misdemeanor and for the second and each subsequent offense
19shall be guilty of a Class A misdemeanor.
20(Source: P.A. 77-2510.)
 
21    Section 25. The Unified Code of Corrections is amended by
22adding Section 3-7-9 as follows:
 
23    (730 ILCS 5/3-7-9 new)

 

 

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1    Sec. 3-7-9. 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) Any Department of Corrections facility that provides
6food services or cafeteria services for which food products
7are provided or offered for sale shall also offer, upon
8request provided with reasonable notice, religious dietary
9food options that comply with federal and State nutritional
10guidelines at the Department of Corrections facility. After an
11individual submits a request for a religious dietary food
12option, the Department of Corrections facility shall make
13accommodations for the request as soon as the Department of
14Corrections facility is able to provide the meals.
15    (c) The provisions of this Section shall not infringe upon
16or affect any obligation in a contract entered into and in
17effect on or before the effective date of this amendatory Act
18of the 103rd General Assembly.
 
19    Section 97. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
 
21    Section 99. Effective date. This Act takes effect June 1,
222024.