Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3643 Enrolled / Bill

Filed 05/26/2023

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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.

 

 

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