Full Text of SB0231 94th General Assembly
SB0231 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0231
Introduced 2/2/2005, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.40 new |
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105 ILCS 5/34-18.32 new |
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30 ILCS 805/8.29 new |
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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 |
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A BILL FOR
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SB0231 |
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LRB094 04041 RAS 34058 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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SB0231 |
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LRB094 04041 RAS 34058 b |
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| 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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SB0231 |
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LRB094 04041 RAS 34058 b |
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| 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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SB0231 |
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LRB094 04041 RAS 34058 b |
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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 |
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SB0231 |
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LRB094 04041 RAS 34058 b |
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| 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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SB0231 |
- 6 - |
LRB094 04041 RAS 34058 b |
|
| 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:
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| (30 ILCS 805/8.29 new)
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| 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.
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