94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0231


 
Introduced 2/2/2005, by Sen. Mattie Hunter
 
SYNOPSIS AS INTRODUCED:
 		














105 ILCS 5/10-20.40 new






105 ILCS 5/34-18.32 new






30 ILCS 805/8.29 new










    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. 
















LRB094 04041 RAS 34058 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB0231

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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
10-20.40 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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1
    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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1
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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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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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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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:


 
13
    (30 ILCS 805/8.29 new)

14
    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.