HB3643sam003 103RD GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/17/2023

10300HB3643sam003 LRB103 29779 RJT 62109 a

AMENDMENT TO HOUSE BILL 3643

AMENDMENT NO. ______. Amend House Bill 3643 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-20.85 and 34-18.82 as follows:

(105 ILCS 5/10-20.85 new)

Sec. 10-20.85. Religious dietary food options.

(a) Throughout the State, students depend on schools to provide nutritionally balanced, low-cost or free school lunches each day. This Section is intended to accommodate the religious meal practices of students in a manner that elevates such accommodation over a school's compelling interest in providing students with nutritious, reasonable, and low-cost school lunches. The General Assembly intends for schools to accommodate requests for religious meals in accordance with this Section to the extent that the religious meal accommodations do not impose excessive or unjustified burdens on other students or jeopardize the effective functioning of the school lunch program.

(b) In this Section, "religious dietary food option" means meals that meet specific foods and food preparation techniques that satisfy religious dietary requirements.

(c) Subject to appropriation, to meet the requirement of providing a religious dietary food option as part of a school lunch program, each school district shall provide religious dietary food options, including, but not limited to, halal and kosher food options. A school district is required to comply with this subsection only if the State Board of Education is able to secure a statewide education master contract and provide a religious dietary food option to the school district pursuant to subsection (e) of this Section. School districts shall meet this requirement by offering students the opportunity to order prepackaged meals made available by the State Board of Education through a statewide education master contract pursuant to Article 28A of this Code. By July 1 of each year, the State Board of Education shall notify school districts of any available prepackaged meal options for the upcoming school year. School districts shall adopt procedures regarding ordering, preparing, and serving prepackaged meal options offered under a statewide education master contract. All meal options provided by a statewide education master contract entered into to purchase religious dietary food options must meet federal nutritional standards and be eligible for federal free and reduced-price lunch programs. School districts may not be charged more than the reimbursable Type A lunch reimbursement amount for any meal offered under the statewide education master contract. Any meal offered under a statewide education master contract may not require a school district to purchase any special or additional kitchen preparation equipment or storage equipment and may not require either any specialized staff, other than those staff members who are currently available in a school, or any special certifications.

(d) Any vendor offering halal food products to the school district shall certify that the food or food product is halal and that the vendor is in compliance with the Halal Food Act. Any vendor offering kosher food products to the school district shall certify that the food or food product is kosher and that the vendor is in compliance with the Kosher Food Act. The school district may rely upon these certifications.

(e) The State Board of Education shall enter into a statewide education master contract under Article 28A of this Code with a vendor for packaged meals that meet both the federal and State nutritional guidelines for school lunch programs, as defined in the School Breakfast and Lunch Program Act, for the purpose of providing a statewide option for school districts to purchase meals that meet the requirements of this Section. The State Board of Education may enter into as many contracts as needed in order to provide access for school districts statewide. The contract must include packaged meal delivery directly to any requesting school in this State at a uniform delivery cost, regardless of the school's location. The State Board of Education shall notify all school districts of the award of the contract as required in subsection (c) of Section 10-20.21 of this Code. Upon notice, a school district may purchase prepackaged meals from the contracted vendor as needed in order to comply with subsection (c) of this Section.

(105 ILCS 5/34-18.82 new)

Sec. 34-18.82. Religious dietary food options.

(a) Throughout the State, students depend on schools to provide nutritionally balanced, low-cost or free school lunches each day. This Section is intended to accommodate the religious meal practices of students in a manner that elevates such accommodation over a school's compelling interest in providing students with nutritious, reasonable, and low-cost school lunches. The General Assembly intends for schools to accommodate requests for religious meals in accordance with this Section to the extent that the religious meal accommodations do not impose excessive or unjustified burdens on other students or jeopardize the effective functioning of the school lunch program.

(b) In this Section, "religious dietary food option" means meals that meet specific foods and food preparation techniques that satisfy religious dietary requirements.

(c) Subject to appropriation, to meet the requirement of providing a religious dietary food option as part of a school lunch program, the school district shall provide religious dietary food options, including, but not limited to, halal and kosher food options. The school district is required to comply with this subsection only if the State Board of Education is able to secure a statewide education master contract and provide a religious dietary food option to the school district pursuant to subsection (e) of this Section. The school district shall meet this requirement by offering students the opportunity to order prepackaged meals made available by the State Board of Education through a statewide education master contract pursuant to Article 28A of this Code. By July 1 of each year, the State Board of Education shall notify the school district of any available prepackaged meal options for the upcoming school year. The school district shall adopt procedures regarding ordering, preparing, and serving prepackaged meal options offered under a statewide education master contract. All meal options provided by a statewide education master contract entered into to purchase religious dietary food options must meet federal nutritional standards and be eligible for federal free and reduced-price lunch programs. The school district may not be charged more than the reimbursable Type A lunch reimbursement amount for any meal offered under the statewide education master contract. Any meal offered under a statewide education master contract may not require the school district to purchase any special or additional kitchen preparation equipment or storage equipment and may not require either any specialized staff, other than those staff members who are currently available in a school, or any special certifications.

(d) Any vendor offering halal food products to the school district shall certify that the food or food product is halal and that the vendor is in compliance with the Halal Food Act. Any vendor offering kosher food products to the school district shall certify that the food or food product is kosher and that the vendor is in compliance with the Kosher Food Act. The school district may rely upon these certifications.

(e) The State Board of Education shall enter into a statewide education master contract as provided in subsection (e) of Section 10-20.85 of this Code. The State Board of Education shall notify the school district of the award of the contract as required in subsection (c) of Section 10-20.21 of this Code. Upon notice, the school district may purchase prepackaged meals from the contracted vendor as needed in order to comply with subsection (c) of this Section.

Section 10. The University of Illinois Hospital Act is amended by adding Section 8h as follows:

(110 ILCS 330/8h new)

Sec. 8h. Religious dietary food options.

(a) In this Section, "religious dietary food options" means meals that meet specific foods and food preparation techniques that satisfy religious dietary requirements.

(b) The University of Illinois Hospital shall offer, upon request provided with reasonable notice, at the University of Illinois Hospital, religious dietary food options that comply with federal and State nutritional guidelines. After an individual submits a request for a religious dietary food option, the University of Illinois Hospital shall make accommodations for the request as soon as the University of Illinois Hospital is able to provide the meals.

(c) The provisions of this Section shall not infringe upon or affect any obligation in a contract entered into and in effect on or before the effective date of this amendatory Act of the 103rd General Assembly.

Section 15. The Halal Food Act is amended by adding Section 25 as follows:

(410 ILCS 637/25 new)

Sec. 25. State facility halal food options.

(a) In this Section, "State-owned or State-operated facility" means either of the following:

(1) A hospital that is organized under the University of Illinois Hospital Act.

(2) A penal institution, as that term is defined under Section 2-14 of the Criminal Code of 2012, that is owned or operated by the State.

(b) Any halal food product offered by a State-owned or State-operated facility shall be purchased from a halal-certified vendor. Any person, organization, or vendor falsely representing a food product it provides as halal or falsely representing itself as a halal-certified vendor is subject to penalties under this Act.

(c) The provisions of this Section shall not infringe upon or affect any obligation in a contract entered into and in effect on or before the effective date of this amendatory Act of the 103rd General Assembly.

Section 20. The Kosher Food Act is amended by adding Sections 0.05 and 1.5 and by changing Section 2 as follows:

(410 ILCS 645/0.05 new)

Sec. 0.05. Definition. In this Act, "kosher" means supervised, prepared under, and maintained in strict compliance with the laws and customs of the Jewish religion, including, but not limited to, the laws and customs of shechita requiring the slaughter of animals according to appropriate Jewish law, and in compliance with the strictest standards of Jewish law as expressed by reliable, recognized Jewish entities and Jewish rabbis.

(410 ILCS 645/1.5 new)

Sec. 1.5. State facility kosher food options.

(a) In this Section, "State-owned or State-operated facility" means either of the following:

(1) A hospital that is organized under the University of Illinois Hospital Act.

(2) A penal institution, as that term is defined under Section 2-14 of the Criminal Code of 2012, that is owned or operated by the State.

(b) Any kosher food product offered by a State-owned or State-operated facility shall be purchased from a kosher-certified vendor. Any person, organization, or vendor falsely representing a food product it provides as kosher or falsely representing itself as a kosher-certified vendor is subject to penalties under Section 2 of this Act.

(c) The provisions of this Section shall not infringe upon or affect any obligation in a contract entered into and in effect on or before the effective date of this amendatory Act of the 103rd General Assembly.

(410 ILCS 645/2) (from Ch. 56 1/2, par. 288.2)

Sec. 2. Any person convicted of violating Section 1 or 1.5 of this Act, shall for the first offense, be guilty of a Class C misdemeanor and for the second and each subsequent offense shall be guilty of a Class A misdemeanor.

(Source: P.A. 77-2510.)

Section 25. The Unified Code of Corrections is amended by adding Section 3-7-9 as follows:

(730 ILCS 5/3-7-9 new)

Sec. 3-7-9. Religious dietary food options.

(a) In this Section, "religious dietary food options" means meals that meet specific foods and food preparation techniques that satisfy religious dietary requirements.

(b) Any Department of Corrections facility that provides food services or cafeteria services for which food products are provided or offered for sale shall also offer, upon request provided with reasonable notice, religious dietary food options that comply with federal and State nutritional guidelines at the Department of Corrections facility. After an individual submits a request for a religious dietary food option, the Department of Corrections facility shall make accommodations for the request as soon as the Department of Corrections facility is able to provide the meals.

(c) The provisions of this Section shall not infringe upon or affect any obligation in a contract entered into and in effect on or before the effective date of this amendatory Act of the 103rd General Assembly.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect June 1, 2024.".