Illinois General Assembly - Full Text of SB0231
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Full Text of SB0231  94th General Assembly

SB0231 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0231

 

Introduced 2/2/2005, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.40 new
105 ILCS 5/34-18.32 new
30 ILCS 805/8.29 new

    Amends the School Code. Limits the type and size of beverage items that may be sold in a public school during school hours. Prohibits a public school or school board from entering into a contract with a beverage vending company if the contract contains certain provisions. Provides for a penalty. Amends the State Mandates Act to require implementation without reimbursement.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 10-20.40 and 34-18.32 as follows:
 
6     (105 ILCS 5/10-20.40 new)
7     Sec. 10-20.40. Beverage sales.
8     (a) In this Section, "added sweetener" means any additive
9 that enhances the sweetness of a beverage, including, but not
10 limited to, added sugar, but does not include the natural sugar
11 or sugars that are contained within fruit juice if fruit juice
12 is a component of the beverage.
13     (b) Beverage items sold in school during school hours must
14 be limited to the following:
15         (1) Fruit juices that are composed of no less than 50%
16     fruit juice and that have no added sweeteners.
17         (2) Drinking water.
18         (3) Milk, including, but not limited to, chocolate
19     milk, soy milk, rice milk, and other similar dairy or
20     nondairy milk.
21         (4) Electrolyte replacement beverages that do not
22     contain more than 42 grams of added sweetener per 20 ounce
23     serving.
24     A school may not provide for sale carbonated beverages
25 during school hours.
26     (c) No beverage that exceeds 12 ounces may be sold in
27 school during school hours, except the following:
28         (1) Drinking water.
29         (2) Milk, including, but not limited to, chocolate
30     milk, soy milk, rice milk, and other similar dairy or
31     nondairy milk.
32         (3) Electrolyte replacement beverages. An electrolyte

 

 

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1     replacement beverage, however, may not exceed 20 ounces.
2     (d) Except as otherwise provided in subsection (e) of this
3 Section, a school or school board may not enter into a contract
4 with a beverage vending company if the contract does any of the
5 following:
6         (1) Provides for the exclusive sale during school hours
7     of any beverage brand that is not in accordance with the
8     requirements of subsections (b) and (c) of this Section and
9     for which the school or district receives any monetary or
10     in-kind remuneration.
11         (2) Requires students to witness any commercial
12     advertising or marketing within the scope of educational
13     processes or extracurricular activities, unless the
14     advertising is clearly related to the coursework or
15     activity at hand.
16         (3) Requires the release by the school or district of
17     any personal information about students, including, but
18     not limited to, names, addresses, and phone numbers.
19         (4) Requires students to complete surveys to provide
20     marketing information to vendors.
21         (5) Requires or advises students to purchase a specific
22     brand of product for specified school supplies.
23         (6) Prohibits sampling sales, service, or dispensing
24     of competitive products.
25         (7) Includes sales incentives based on the amount of
26     beverages sold per student.
27         (8) Does not allow the school or school board to
28     control the number or location of vending machines in
29     school or on school property.
30         (9) Includes stipulations that would cause beverages
31     that are not in accordance with subsections (b) and (c) of
32     this Section to be sold as part of or in competition with
33     federally funded school meal programs under regulations of
34     the United States Department of Agriculture.
35     (e) This Section applies to a school or school board
36 beginning on the effective date of this amendatory Act of the

 

 

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1 94th General Assembly if the school or school board is not
2 under an existing contractual obligation made before the
3 effective date of this amendatory Act of the 94th General
4 Assembly. If a school or school board is under an existing
5 contractual obligation made before the effective date of this
6 amendatory Act of the 94th General Assembly, then this Section
7 does not apply to the school or school board until the earlier
8 of (i) the voluntary termination of the existing contract or
9 (ii) the expiration of the existing contract.
10     (f) Any contract entered into by a school or school board
11 on or after the effective date of this amendatory Act of the
12 94th General Assembly that is in violation of this Section is
13 null, void, and unenforceable by law.
14     (g) If the State Board of Education determines that a
15 school or school board has violated this Section, then the
16 State Board of Education shall issue an appropriate notice to
17 cease and desist to the school or school board. If the State
18 Board of Education determines that the school or school board
19 continues to violate this Section after receipt of a cease and
20 desist notice, then (i) in the case of a school, the school
21 district shall forfeit an amount equal to 1% of its total State
22 aid allocation under Section 18-8.05 of this Code attributable
23 to that school for the school year in which the violation
24 occurs or (ii) in the case of a school board, the school
25 district shall forfeit an amount equal to 1% of its total State
26 aid allocation under Section 18-8.05 of this Code for the
27 school year in which the violation occurs.
 
28     (105 ILCS 5/34-18.32 new)
29     Sec. 34-18.32. Beverage sales.
30     (a) In this Section, "added sweetener" means any additive
31 that enhances the sweetness of a beverage, including, but not
32 limited to, added sugar, but does not include the natural sugar
33 or sugars that are contained within fruit juice if fruit juice
34 is a component of the beverage.
35     (b) Beverage items sold in school during school hours must

 

 

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1 be limited to the following:
2         (1) Fruit juices that are composed of no less than 50%
3     fruit juice and that have no added sweeteners.
4         (2) Drinking water.
5         (3) Milk, including, but not limited to, chocolate
6     milk, soy milk, rice milk, and other similar dairy or
7     nondairy milk.
8         (4) Electrolyte replacement beverages that do not
9     contain more than 42 grams of added sweetener per 20 ounce
10     serving.
11     A school may not provide for sale carbonated beverages
12 during school hours.
13     (c) No beverage that exceeds 12 ounces may be sold in
14 school during school hours, except the following:
15         (1) Drinking water.
16         (2) Milk, including, but not limited to, chocolate
17     milk, soy milk, rice milk, and other similar dairy or
18     nondairy milk.
19         (3) Electrolyte replacement beverages. An electrolyte
20     replacement beverage, however, may not exceed 20 ounces.
21     (d) Except as otherwise provided in subsection (e) of this
22 Section, a school or the board may not enter into a contract
23 with a beverage vending company if the contract does any of the
24 following:
25         (1) Provides for the exclusive sale during school hours
26     of any beverage brand that is not in accordance with the
27     requirements of subsections (b) and (c) of this Section and
28     for which the school or district receives any monetary or
29     in-kind remuneration.
30         (2) Requires students to witness any commercial
31     advertising or marketing within the scope of educational
32     processes or extracurricular activities, unless the
33     advertising is clearly related to the coursework or
34     activity at hand.
35         (3) Requires the release by the school or district of
36     any personal information about students, including, but

 

 

SB0231 - 5 - LRB094 04041 RAS 34058 b

1     not limited to, names, addresses, and phone numbers.
2         (4) Requires students to complete surveys to provide
3     marketing information to vendors.
4         (5) Requires or advises students to purchase a specific
5     brand of product for specified school supplies.
6         (6) Prohibits sampling sales, service, or dispensing
7     of competitive products.
8         (7) Includes sales incentives based on the amount of
9     beverages sold per student.
10         (8) Does not allow the school or board to control the
11     number or location of vending machines in school or on
12     school property.
13         (9) Includes stipulations that would cause beverages
14     that are not in accordance with subsections (b) and (c) of
15     this Section to be sold as part of or in competition with
16     federally funded school meal programs under regulations of
17     the United States Department of Agriculture.
18     (e) This Section applies to a school or the board beginning
19 on the effective date of this amendatory Act of the 94th
20 General Assembly if the school or the board is not under an
21 existing contractual obligation made before the effective date
22 of this amendatory Act of the 94th General Assembly. If a
23 school or the board is under an existing contractual obligation
24 made before the effective date of this amendatory Act of the
25 94th General Assembly, then this Section does not apply to the
26 school or the board until the earlier of (i) the voluntary
27 termination of the existing contract or (ii) the expiration of
28 the existing contract.
29     (f) Any contract entered into by a school or the board on
30 or after the effective date of this amendatory Act of the 94th
31 General Assembly that is in violation of this Section is null,
32 void, and unenforceable by law.
33     (g) If the State Board of Education determines that a
34 school or the board has violated this Section, then the State
35 Board of Education shall issue an appropriate notice to cease
36 and desist to the school or the board. If the State Board of

 

 

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1 Education determines that the school or the board continues to
2 violate this Section after receipt of a cease and desist
3 notice, then (i) in the case of a school, the school district
4 shall forfeit an amount equal to 1% 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
7 or (ii) in the case of the board, the school district shall
8 forfeit an amount equal to 1% of its total State aid allocation
9 under Section 18-8.05 of this Code for the school year in which
10 the violation occurs.
 
11     Section 90. The State Mandates Act is amended by adding
12 Section 8.29 as follows:
 
13     (30 ILCS 805/8.29 new)
14     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
15 of this Act, no reimbursement by the State is required for the
16 implementation of any mandate created by this amendatory Act of
17 the 94th General Assembly.