Illinois General Assembly - Full Text of SB1400
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Full Text of SB1400  93rd General Assembly

SB1400sam003 93rd General Assembly


                                     LRB093 10189 NHT 15621 a

 1                    AMENDMENT TO SENATE BILL 1400

 2        AMENDMENT NO.     .  Amend Senate Bill 1400, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 1.  Short title.  This Act may be cited  as  the
 6    Childhood Hunger Relief Act.

 7        Section  5.  State  policy  and  legislative intent.  The
 8    General Assembly recognizes that hunger and food security are
 9    serious problems in the State of Illinois with as many as one
10    million citizens being affected.  These  citizens  have  lost
11    their sense of food security. Food insecurity occurs whenever
12    the  availability of nutritionally adequate and safe foods or
13    the  ability  to  acquire  acceptable   foods   in   socially
14    acceptable  ways is limited or uncertain. Hunger is a painful
15    or uneasy sensation caused by a recurrent or involuntary lack
16    of  food  and  is  a  potential,  although   not   necessary,
17    consequence  of food insecurity. Over time, hunger may result
18    in malnutrition.   It is estimated that  just  under  600,000
19    Illinois  children  experience  hunger  or  food  insecurity,
20    meaning  that  they  either go without eating meals, or their
21    parents or guardians cannot provide the kinds  of  food  they
22    need.   At   present,   the   Illinois  economy  is  steadily
                            -2-      LRB093 10189 NHT 15621 a
 1    experiencing a 6% unemployment rate, people  are  being  laid
 2    off who thought they had job security, and the unemployed are
 3    remaining   unemployed   beyond  the  terms  of  unemployment
 4    benefits. Emergency food providers throughout the  State  are
 5    experiencing  an  increase  in  the  number  of  working poor
 6    families  requesting  emergency  food.  In   November   2002,
 7    Illinois  was  ranked  49th in the nation in providing school
 8    breakfasts to low-income children of families  who  meet  the
 9    criteria   for   free   and  reduced-price  lunches.  Because
10    low-income children are not being adequately nourished,  even
11    to  the  point  where many are arriving at school hungry, the
12    General Assembly believes it  is  in  the  best  interest  of
13    Illinois  to  utilize  resources  available  through existing
14    child nutrition programs, to the fullest extent possible.
15        The  General  Assembly   also   recognizes   a   definite
16    correlation  between  adequate  child nutrition and a child's
17    physical, emotional, and  cognitive  development.   There  is
18    also  a  correlation between adequate nutrition and a child's
19    ability to perform well in school.  Documented  research  has
20    proven that school breakfasts improve attendance and increase
21    a  child's  readiness  to learn.  In this regard, the General
22    Assembly realizes  the  importance  of  the  National  School
23    Breakfast  Program  and  the  Summer  Food Service Program as
24    effective measures that must be widely implemented to  ensure
25    more adequate nutrition for Illinois children.

26        Section 10.  Definitions.  In this Act:
27        "Hunger"  means  a symptom of poverty caused by a lack of
28    resources that prevents the  purchasing  of  a  nutritionally
29    adequate  diet  resulting  in  a  chronic  condition of being
30    undernourished.
31        "Food  insecurity"   means   a   limited   or   uncertain
32    availability of nutritionally adequate foods.
33        "Food  security"  means ensured access to enough food for
                            -3-      LRB093 10189 NHT 15621 a
 1    an active, healthy life.
 2        "School  Breakfast  Program"  means  the  federal   child
 3    nutrition  entitlement  program  that  helps serve nourishing
 4    low-cost breakfast meals to school children.  In addition  to
 5    cash assistance, participating schools get USDA-donated foods
 6    and  technical  guidance.  Payments to schools are higher for
 7    meals served to children who qualify, on the basis of  family
 8    size  and  income,  for  free  or  reduced-price  meals.  The
 9    program is administered in Illinois by  the  State  Board  of
10    Education.
11        "Summer  Food  Service  Program"  means the federal child
12    nutrition entitlement program that  helps  communities  serve
13    meals  to  needy children when school is not in session.  The
14    USDA reimburses sponsors for operating costs of food services
15    up to a specific maximum rate  for  each  meal  served.    In
16    addition,  sponsors  receive  some reimbursement for planning
17    and  supervising  expenses.   The  program  in  Illinois   is
18    administered by the State Board of Education.

19        Section 15.  School breakfast program.
20        (a)  By September 1, 2003, the board of education of each
21    school  district  in  this  State  shall  implement  a school
22    breakfast program if a breakfast program does  not  currently
23    exist,  in  accordance with federal guidelines in each school
24    within its district in which at least  40%  or  more  of  the
25    students are eligible for free or reduced-price lunches based
26    upon the count on October 31.
27        During  the 2002-2003 school year, the board of education
28    of each school district in the State  shall  determine  which
29    schools  within their districts will be required to implement
30    a school breakfast program.
31        (b)  School districts may charge students who do not meet
32    federal criteria for free or reduced-price school  meals  for
33    the  breakfasts served to these students within the allowable
                            -4-      LRB093 10189 NHT 15621 a
 1    limits set by federal regulations.
 2        (c)  School breakfast  programs  established  under  this
 3    Section  shall  be  supported  entirely  by federal funds and
 4    commodities, charges to students and other participants,  and
 5    other  available  State  and local resources, including under
 6    the School Breakfast and Lunch Program Act.

 7        Section 20.  Summer food service program.
 8        (a)  The State Board  of  Education  shall  promulgate  a
 9    State  plan  for  summer  food service programs in accordance
10    with 42 U.S.C. Sec. 1761 and  any  other  applicable  federal
11    laws and regulations, by February 15, 2004.
12        (b)  By  the  summer  of  2004, it is strongly encouraged
13    that the board of education of each school district  in  this
14    State  in which at least 50% of the students are eligible for
15    free or reduced-price school  meals  operate  a  summer  food
16    service program or identify a non-profit or private agency to
17    sponsor  a  summer  food  service  program  within the school
18    district's boundaries.
19        (c)  Summer food service programs established under  this
20    Section may be supported by federal funds and commodities and
21    other available State and local resources.

22        Section  95.   The School Breakfast and Lunch Program Act
23    is amended by changing Sections 2.5, 4, and 5 as follows:

24        (105 ILCS 125/2.5)
25        Sec. 2.5.  Breakfast incentive program.  The State  Board
26    of   Education  shall  fund  a  breakfast  incentive  program
27    comprised of the components described in paragraphs (1), (2),
28    and  (3)  of  this  Section,   provided   that   a   separate
29    appropriation  is made for the purposes of this Section.  The
30    State Board of Education may allocate the appropriation among
31    the program components in whatever manner the State Board  of
                            -5-      LRB093 10189 NHT 15621 a
 1    Education  finds  will  best  serve  the  goal  of increasing
 2    participation in school breakfast programs.  If the amount of
 3    the appropriation allocated under paragraph (1), (2), or  (3)
 4    of  this Section is insufficient to fund all claims submitted
 5    under  that  particular  paragraph,  the  claims  under  that
 6    paragraph shall be prorated.
 7             (1)  The State Board of Education may reimburse each
 8        sponsor of a school breakfast program an additional $0.10
 9        for each free, reduced-price, and paid  breakfast  served
10        over  and  above  the number of such breakfasts served in
11        the same month during the preceding year,  provided  that
12        the number of breakfasts served in a participating school
13        building  by  the  sponsor  in that month is at least 10%
14        greater than the number of breakfasts served in the  same
15        month during the preceding year.
16             (2)  The State Board of Education may make grants to
17        school  boards  and welfare centers that agree to start a
18        school breakfast program in one or more schools or  other
19        sites.  First priority for these grants shall be given to
20        schools  in  which  40% 50% or more of their students are
21        eligible for free  and  reduced  price  meals  under  the
22        National  School  Lunch  Act  (42  U.S.C.  1751 et seq.).
23        Depending on the availability of funds and  the  rate  at
24        which  funds  are  being  utilized,  the  State  Board of
25        Education is authorized to allow  additional  schools  or
26        other   sites   to   receive  these  grants.   In  making
27        additional grants, the State  Board  of  Education  shall
28        provide  for  priority  to  be  given to schools with the
29        highest percentage of  students  eligible  for  free  and
30        reduced  price  lunches  under  the National School Lunch
31        Act.  The amount of the grant shall be  $3,500  for  each
32        qualifying  school  or  site  in which a school breakfast
33        program is started.  The grants shall be used to pay  the
34        start-up   costs   for   the  school  breakfast  program,
                            -6-      LRB093 10189 NHT 15621 a
 1        including equipment, supplies, and program promotion, but
 2        shall not be used for food,  labor,  or  other  recurring
 3        operational  costs.  Applications for the grants shall be
 4        made to the State Board of Education on forms  designated
 5        by  the State Board of Education.  Any grantee that fails
 6        to operate a school breakfast  program  for  at  least  3
 7        years after receipt of a grant shall refund the amount of
 8        the grant to the State Board of Education.
 9             (3)  The  State  Board  of Education may reimburse a
10        school  board  for  each  free,  reduced-price,  or  paid
11        breakfast served in a school breakfast program located in
12        a school in  which  80%  or  more  of  the  students  are
13        eligible  to  receive free or reduced price lunches under
14        the National School Lunch Act (42 U.S.C. 1751 et seq.) in
15        an amount equal to the difference between (i) the current
16        amount reimbursed by the federal government  for  a  free
17        breakfast  and (ii) the amount actually reimbursed by the
18        federal government for that free, reduced-price, or  paid
19        breakfast.   A  school  board that receives reimbursement
20        under this paragraph (3) shall not  be  eligible  in  the
21        same year to receive reimbursement under paragraph (1) of
22        this Section.
23    (Source: P.A. 91-843, eff. 6-22-00.)

24        (105 ILCS 125/4) (from Ch. 122, par. 712.4)
25        Sec.  4.  Accounts;  copies  of  menus served; free lunch
26    program required; report.  School boards and welfare  centers
27    shall  keep an accurate, detailed and separate account of all
28    moneys expended for school breakfast programs,  school  lunch
29    programs,  free  breakfast programs, and free lunch programs,
30    and summer food service programs,  and  of  the  amounts  for
31    which  they are reimbursed by any governmental agency, moneys
32    received from students and from any other contributors to the
33    program.  School boards and welfare centers shall  also  keep
                            -7-      LRB093 10189 NHT 15621 a
 1    on  file a copy of all menus served under the programs, which
 2    together with all  records  of  receipts  and  disbursements,
 3    shall be made available to representatives of the State Board
 4    of Education at any time.
 5        Every public school must have a free lunch program.
 6        In  2001  and in each subsequent year, the State Board of
 7    Education shall provide  to  the  Governor  and  the  General
 8    Assembly,  by  a  date  not later than March 1, a report that
 9    provides all of the following:
10             (1)  A list by school district of all  schools,  the
11        total  student  enrollment,  and  the  number of children
12        eligible for free, reduced price, and paid breakfasts and
13        lunches.
14             (2)  A list of schools that have  started  breakfast
15        programs  during  the past year along with information on
16        which schools have utilized the  $3,500  start-up  grants
17        and the additional $0.10 per meal increased participation
18        incentives established under Section 2.5 of this Act.
19             (3)  A  list  of  schools  that have used the school
20        breakfast program option outlined in this Act, a list  of
21        schools  that  have  exercised Provision Two or Provision
22        Three under the Child Nutrition Act of  1966  (42  U.S.C.
23        1771  et  seq.),  and a list of schools that have dropped
24        either school lunch or school breakfast  programs  during
25        the past year and the reasons why.
26        In  2001,  2003,  and  2005  the  report required by this
27    Section shall also include  information  that  documents  the
28    results  of surveys designed to identify parental interest in
29    school  breakfast  programs   and   documents   barriers   to
30    establishing  school  breakfast  programs.   To  develop  the
31    surveys  for school administrators and for parents, the State
32    Board of Education shall work in coordination with the  State
33    Board  of  Education's  Child  Nutrition Advisory Council and
34    local committees that involve parents, teachers,  principals,
                            -8-      LRB093 10189 NHT 15621 a
 1    superintendents,   business,   and   anti-hunger   advocates,
 2    organized by the State Board of Education to foster community
 3    involvement.   The  State Board of Education is authorized to
 4    distribute the surveys in all  schools  where  there  are  no
 5    school breakfast programs.
 6    (Source: P.A. 91-843, eff. 6-22-00.)

 7        (105 ILCS 125/5) (from Ch. 122, par. 712.5)
 8        Sec.   5.  Application  for  participation  in  programs.
 9    Applications  for  participation  in  the  school   breakfast
10    program,   the  school  lunch  program,  the  free  breakfast
11    program, and the free lunch  program,  and  the  summer  food
12    service  program shall be made on forms provided by the State
13    Board of Education and filed with the  State  Board,  through
14    the  Regional  Superintendent  of  Schools. The Department of
15    Human Services shall work with the State Board  of  Education
16    to certify all children that are eligible for participation.
17    (Source: P.A. 91-843, eff. 6-22-00.)

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.".