Full Text of HB3643 103rd General Assembly
HB3643enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 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 | | 10-20.85 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 | 9 | | provide nutritionally balanced, low-cost or free school | 10 | | lunches each day. This Section is intended to accommodate the | 11 | | religious meal practices of students in a manner that elevates | 12 | | such accommodation over a school's compelling interest in | 13 | | providing students with nutritious, reasonable, and low-cost | 14 | | school lunches. The General Assembly intends for schools to | 15 | | accommodate requests for religious meals in accordance with | 16 | | this Section to the extent that the religious meal | 17 | | accommodations do not impose excessive or unjustified burdens | 18 | | on other students or jeopardize the effective functioning of | 19 | | the school lunch program. | 20 | | (b) In this Section, "religious dietary food option" means | 21 | | meals that meet specific foods and food preparation techniques | 22 | | that satisfy religious dietary requirements. | 23 | | (c) Subject to appropriation, to meet the requirement of |
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| 1 | | providing a religious dietary food option as part of a school | 2 | | lunch program, each school district shall provide religious | 3 | | dietary food options, including, but not limited to, halal and | 4 | | kosher food options. A school district is required to comply | 5 | | with this subsection only if the State Board of Education is | 6 | | able to secure a statewide education master contract and | 7 | | provide a religious dietary food option to the school district | 8 | | pursuant to subsection (e) of this Section. School districts | 9 | | shall meet this requirement by offering students the | 10 | | opportunity to order prepackaged meals made available by the | 11 | | State Board of Education through a statewide education master | 12 | | contract pursuant to Article 28A of this Code. By July 1 of | 13 | | each year, the State Board of Education shall notify school | 14 | | districts of any available prepackaged meal options for the | 15 | | upcoming school year. School districts shall adopt procedures | 16 | | regarding ordering, preparing, and serving prepackaged meal | 17 | | options offered under a statewide education master contract. | 18 | | All meal options provided by a statewide education master | 19 | | contract entered into to purchase religious dietary food | 20 | | options must meet federal nutritional standards and be | 21 | | eligible for federal free and reduced-price lunch programs. | 22 | | School districts may not be charged more than the reimbursable | 23 | | Type A lunch reimbursement amount for any meal offered under | 24 | | the statewide education master contract. Any meal offered | 25 | | under a statewide education master contract may not require a | 26 | | school district to purchase any special or additional kitchen |
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| 1 | | preparation equipment or storage equipment and may not require | 2 | | either any specialized staff, other than those staff members | 3 | | who are currently available in a school, or any special | 4 | | certifications. | 5 | | (d) Any vendor offering halal food products to the school | 6 | | district shall certify that the food or food product is halal | 7 | | and that the vendor is in compliance with the Halal Food Act. | 8 | | Any vendor offering kosher food products to the school | 9 | | district shall certify that the food or food product is kosher | 10 | | and that the vendor is in compliance with the Kosher Food Act. | 11 | | The school district may rely upon these certifications. | 12 | | (e) The State Board of Education shall enter into a | 13 | | statewide education master contract under Article 28A of this | 14 | | Code with a vendor for packaged meals that meet both the | 15 | | federal and State nutritional guidelines for school lunch | 16 | | programs, as defined in the School Breakfast and Lunch Program | 17 | | Act, for the purpose of providing a statewide option for | 18 | | school districts to purchase meals that meet the requirements | 19 | | of this Section. The State Board of Education may enter into as | 20 | | many contracts as needed in order to provide access for school | 21 | | districts statewide. The contract must include packaged meal | 22 | | delivery directly to any requesting school in this State at a | 23 | | uniform delivery cost, regardless of the school's location. | 24 | | The State Board of Education shall notify all school districts | 25 | | of the award of the contract as required in subsection (c) of | 26 | | Section 10-20.21 of this Code. Upon notice, a school district |
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| 1 | | may purchase prepackaged meals from the contracted vendor as | 2 | | needed 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 | 6 | | provide nutritionally balanced, low-cost or free school | 7 | | lunches each day. This Section is intended to accommodate the | 8 | | religious meal practices of students in a manner that elevates | 9 | | such accommodation over a school's compelling interest in | 10 | | providing students with nutritious, reasonable, and low-cost | 11 | | school lunches. The General Assembly intends for schools to | 12 | | accommodate requests for religious meals in accordance with | 13 | | this Section to the extent that the religious meal | 14 | | accommodations do not impose excessive or unjustified burdens | 15 | | on other students or jeopardize the effective functioning of | 16 | | the school lunch program. | 17 | | (b) In this Section, "religious dietary food option" means | 18 | | meals that meet specific foods and food preparation techniques | 19 | | that satisfy religious dietary requirements. | 20 | | (c) Subject to appropriation, to meet the requirement of | 21 | | providing a religious dietary food option as part of a school | 22 | | lunch program, the school district shall provide religious | 23 | | dietary food options, including, but not limited to, halal and | 24 | | kosher food options. The school district is required to comply | 25 | | with this subsection only if the State Board of Education is |
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| 1 | | able to secure a statewide education master contract and | 2 | | provide a religious dietary food option to the school district | 3 | | pursuant to subsection (e) of this Section. The school | 4 | | district shall meet this requirement by offering students the | 5 | | opportunity to order prepackaged meals made available by the | 6 | | State Board of Education through a statewide education master | 7 | | contract pursuant to Article 28A of this Code. By July 1 of | 8 | | each year, the State Board of Education shall notify the | 9 | | school district of any available prepackaged meal options for | 10 | | the upcoming school year. The school district shall adopt | 11 | | procedures regarding ordering, preparing, and serving | 12 | | prepackaged meal options offered under a statewide education | 13 | | master contract. All meal options provided by a statewide | 14 | | education master contract entered into to purchase religious | 15 | | dietary food options must meet federal nutritional standards | 16 | | and be eligible for federal free and reduced-price lunch | 17 | | programs. The school district may not be charged more than the | 18 | | reimbursable Type A lunch reimbursement amount for any meal | 19 | | offered under the statewide education master contract. Any | 20 | | meal offered under a statewide education master contract may | 21 | | not require the school district to purchase any special or | 22 | | additional kitchen preparation equipment or storage equipment | 23 | | and may not require either any specialized staff, other than | 24 | | those staff members who are currently available in a school, | 25 | | or any special certifications. | 26 | | (d) Any vendor offering halal food products to the school |
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| 1 | | district shall certify that the food or food product is halal | 2 | | and that the vendor is in compliance with the Halal Food Act. | 3 | | Any vendor offering kosher food products to the school | 4 | | district shall certify that the food or food product is kosher | 5 | | and that the vendor is in compliance with the Kosher Food Act. | 6 | | The school district may rely upon these certifications. | 7 | | (e) The State Board of Education shall enter into a | 8 | | statewide education master contract as provided in subsection | 9 | | (e) of Section 10-20.85 of this Code. The State Board of | 10 | | Education shall notify the school district of the award of the | 11 | | contract as required in subsection (c) of Section 10-20.21 of | 12 | | this Code. Upon notice, the school district may purchase | 13 | | prepackaged meals from the contracted vendor as needed in | 14 | | order to comply with subsection (c) of this Section. | 15 | | Section 10. The University of Illinois Hospital Act is | 16 | | amended 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" | 20 | | means meals that meet specific foods and food preparation | 21 | | techniques that satisfy religious dietary requirements. | 22 | | (b) The University of Illinois Hospital shall offer, upon | 23 | | request provided with reasonable notice, at the University of | 24 | | Illinois Hospital, religious dietary food options that comply |
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| 1 | | with federal and State nutritional guidelines. After an | 2 | | individual submits a request for a religious dietary food | 3 | | option, the University of Illinois Hospital shall make | 4 | | accommodations for the request as soon as the University of | 5 | | Illinois Hospital is able to provide the meals. | 6 | | (c) The provisions of this Section shall not infringe upon | 7 | | or affect any obligation in a contract entered into and in | 8 | | effect on or before the effective date of this amendatory Act | 9 | | of the 103rd General Assembly.
| 10 | | | 11 | | Section 15. The Halal Food Act is amended by adding | 12 | | Section 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
| 16 | | facility" 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 | 23 | | State-operated facility
shall be purchased from a | 24 | | halal-certified vendor. Any person,
organization, or vendor |
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| 1 | | falsely representing a food product it
provides as halal or | 2 | | falsely representing itself as a
halal-certified vendor is | 3 | | subject to penalties under this Act. | 4 | | (c) The provisions of this Section shall not infringe upon
| 5 | | or affect any obligation in a contract entered into and in
| 6 | | effect on or before the effective date of this amendatory Act
| 7 | | of the 103rd General Assembly. | 8 | | Section 20. The Kosher Food Act is amended by adding | 9 | | Sections 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 | 12 | | supervised, prepared under, and maintained in strict | 13 | | compliance with the laws and customs of the Jewish religion, | 14 | | including, but not limited to, the laws and customs of | 15 | | shechita requiring the slaughter of animals according to | 16 | | appropriate Jewish law, and in compliance with the strictest | 17 | | standards of Jewish law as expressed by reliable, recognized | 18 | | Jewish 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
| 22 | | facility" 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 | 6 | | State-operated facility
shall be purchased from a | 7 | | kosher-certified vendor. Any person,
organization, or vendor | 8 | | falsely representing a food product it
provides as kosher or | 9 | | falsely representing itself as a
kosher-certified vendor is | 10 | | subject to penalties under Section
2 of this Act. | 11 | | (c) The provisions of this Section shall not infringe upon
| 12 | | or affect any obligation in a contract entered into and in
| 13 | | effect on or before the effective date of this amendatory Act
| 14 | | of 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 | 17 | | of this Act, shall for the
first offense, be guilty of a Class | 18 | | C misdemeanor and for the second and
each subsequent offense | 19 | | shall be guilty of a Class A misdemeanor.
| 20 | | (Source: P.A. 77-2510 .)
| 21 | | Section 25. The Unified Code of Corrections is amended by | 22 | | adding 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" | 3 | | means meals that meet specific foods and food preparation | 4 | | techniques that satisfy religious dietary requirements. | 5 | | (b) Any Department of Corrections facility that provides | 6 | | food services or cafeteria services for which food products | 7 | | are provided or offered for sale shall also offer, upon | 8 | | request provided with reasonable notice, religious dietary | 9 | | food options that comply with federal and State nutritional | 10 | | guidelines at the Department of Corrections facility. After an | 11 | | individual submits a request for a religious dietary food | 12 | | option, the Department of Corrections facility shall make | 13 | | accommodations for the request as soon as the Department of | 14 | | Corrections facility is able to provide the meals. | 15 | | (c) The provisions of this Section shall not infringe upon | 16 | | or affect any obligation in a contract entered into and in | 17 | | effect on or before the effective date of this amendatory Act | 18 | | of the 103rd General Assembly. | 19 | | Section 97. Severability. The provisions of this Act are | 20 | | severable under Section 1.31 of the Statute on Statutes.
| 21 | | Section 99. Effective date. This Act takes effect June 1, | 22 | | 2024. |
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