SB2643 93RD GENERAL ASSEMBLY

LRB093 20852 NHT 46786 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2643

Introduced 2/4/2004, by Debbie DeFrancesco Halvorson

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.39 new
105 ILCS 5/34-18.30 new

Amends the School Code. Prohibits a public school from selling, offering for sale, or otherwise offering or providing soft drinks to pupils at school at any time, with exceptions. Prohibits a public school from maintaining or allowing to be maintained a vending machine that is located at a school or on school grounds, that sells soft drinks, and that is accessible to pupils, with exceptions. Provides for a penalty.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning schools.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Sections 10-20.39 and 34-18.30 as follows:

(105 ILCS 5/10-20.39 new)

Sec. 10-20.39. Soft drinks prohibited.

(a) As used in this Section, "soft drink" does not include milk, water, or a juice drink that is 100% juice.

(b) Except as otherwise provided in subsection (c) of this Section, a school shall not do any of the following:

(1) Sell, offer for sale, or otherwise offer or provide soft drinks to pupils at school at any time.

(2) Maintain or allow to be maintained a vending machine that is located at the school or on school grounds, that sells soft drinks, and that is accessible to pupils.

(c) This Section does not prohibit any of the following:

(1) Selling, offering for sale, or otherwise offering or providing soft drinks to pupils before or after regular school hours at a high school or at a high school activity or event.

(2) Maintaining or allowing to be maintained a vending machine described in subdivision (2) of subsection (b) of this Section if it is located at a high school or on the grounds of a high school and is either not accessible to pupils during the regular school day or not operable during the regular school day.

(3) Selling, offering for sale, or otherwise offering or providing soft drinks to pupils at a school after school hours at an activity or event at which parents are present.

(d) If the State Board of Education determines that a school has violated this Section, the State Board of Education shall issue an appropriate notice to cease and desist to the school. If the State Board of Education determines that the school continues to violate this Section after receipt of a cease and desist notice, the school district of that school shall forfeit an amount equal to 5% of its total State aid allocation under Section 18-8.05 of this Code attributable to that school for the school year in which the violation occurs.

(105 ILCS 5/34-18.30 new)

Sec. 34-18.30. Soft drinks prohibited.

(a) As used in this Section, "soft drink" does not include milk, water, or a juice drink that is 100% juice.

(b) Except as otherwise provided in subsection (c) of this Section, a school shall not do any of the following:

(1) Sell, offer for sale, or otherwise offer or provide soft drinks to pupils at school at any time.

(2) Maintain or allow to be maintained a vending machine that is located at the school or on school grounds, that sells soft drinks, and that is accessible to pupils.

(c) This Section does not prohibit any of the following:

(1) Selling, offering for sale, or otherwise offering or providing soft drinks to pupils before or after regular school hours at a high school or at a high school activity or event.

(2) Maintaining or allowing to be maintained a vending machine described in subdivision (2) of subsection (b) of this Section if it is located at a high school or on the grounds of a high school and is either not accessible to pupils during the regular school day or not operable during the regular school day.

(3) Selling, offering for sale, or otherwise offering or providing soft drinks to pupils at a school after school hours at an activity or event at which parents are present.

(d) If the State Board of Education determines that a school has violated this Section, the State Board of Education shall issue an appropriate notice to cease and desist to the school. If the State Board of Education determines that the school continues to violate this Section after receipt of a cease and desist notice, the school district of that school shall forfeit an amount equal to 5% of its total State aid allocation under Section 18-8.05 of this Code attributable to that school for the school year in which the violation occurs.