Bill Text: IL SB0457 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that, subject to appropriation, including funding for any administrative costs reasonably incurred by the State Board of Education, upon the execution of one or more required statewide master contracts entered by the State Board of Education and annually thereafter, the State Board of Education shall notify school districts of any prepackaged meal options, including, but not limited to, halal and kosher food options, available for purchase under a statewide master contract for the upcoming school year. Requires the State Board to enter into one or more statewide master contracts to purchase religious dietary food options, and sets forth provisions concerning the contracts. Amends the University of Illinois Hospital Act. Provides that the University of Illinois Hospital shall offer religious dietary food options that comply with federal and State nutritional guidelines. Amends the Halal Food Act. Provides that any halal food product offered by a State-owned or State-operated facility shall be purchased from a halal-certified vendor; defines "State-owned or State-operated facility". Provides that 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 the Act. Amends the Kosher Food Act. Defines "kosher". Makes substantially similar changes with regard to kosher food products at State facilities. Provides that a violation of the provisions concerning State facility kosher food products is a Class C misdemeanor for a first offense and a Class A misdemeanor for the second and each subsequent offense. Amends the Facilities Article of the Unified Code of Corrections. Provides that 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 religious dietary food options that comply with federal and State nutritional guidelines. Specifies that nothing in the provisions concerning Department of Corrections facilities providing religious dietary food options is intended to expand any Department of Corrections facility's obligations beyond that required under federal law. Contains a severability clause. Effective June 1, 2024.

Spectrum: Partisan Bill (Democrat 50-0)

Status: (Engrossed) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB0457 Detail]

Download: Illinois-2023-SB0457-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0457 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
105 ILCS 5/1B-22
Amends the School Code. Makes a technical change in a Section concerning a financial oversight panel's powers.
LRB103 02908 RJT 47914 b
A BILL FOR
SB0457 LRB103 02908 RJT 47914 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
1B-22 as follows:
(105 ILCS 5/1B-22)
Sec. 1B-22. Additional Powers of the Panel. For Panels
established under Section 1B-4 for a district which had its
financial plan rescinded by the the State Board for violating
that plan as provided in Section 1A-8, the Panel shall have the
following additional powers:
(a) As necessary to carry out its purposes when district
resources are not readily available or appropriate for use by
the Panel, the Panel may make and execute contracts, leases,
subleases and all other instruments or agreements necessary or
convenient for the exercise of the powers and functions
granted by this Article.
(b) As necessary to carry out its purposes when district
resources are not readily available or appropriate for use by
the Panel, the Panel may purchase personal property necessary
or convenient for its purposes; mortgage, pledge or otherwise
grant security interests in such properties; and convey to the
district such of its property as, in the judgment of the Panel,

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is no longer necessary for its purposes.
(c) As necessary to carry out its purposes when district
resources are not readily available or appropriate for use by
the Panel, the Panel may appoint officers, agents, and
employees of the Panel, define their duties and
qualifications, and fix their compensation and employee
benefits.
(d) In order to investigate allegations of or incidents of
waste, fraud, or financial mismanagement which the Board is
unable or unwilling to properly investigate as requested by
the Panel, the Panel may appoint an Inspector General who
shall have the authority to conduct investigations into such
allegations or incidents. The Inspector General shall make
recommendations to the Panel about its investigations. The
Inspector General shall be independent of the operations of
the Panel and the Board and perform other duties requested by
the Panel. The Inspector General shall have access to all
information and personnel necessary to perform the duties of
the office. If the Inspector General determines that a
possible criminal act has been committed or that special
expertise is required in the investigation, he shall
immediately notify the State's Attorney in the county in which
the district is located. All investigations conducted by the
Inspector General shall be conducted in a manner that ensures
the preservation of evidence for use in criminal prosecutions.
At all times the Inspector General shall be granted access to

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any building or facility that is owned, operated, or leased by
the Panel or the Board. The Inspector General shall have the
power to subpoena witnesses and compel the production of books
and papers pertinent to an investigation authorized by this
Code. Any person who (1) fails to appear in response to a
subpoena; (2) fails to answer any question; (3) fails to
produce any books or papers pertinent to an investigation
under this Code; or (4) knowingly gives false testimony during
an investigation under this Code is guilty of a Class A
misdemeanor. The Inspector General shall provide to the Panel
and the State Board of Education a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year. The summaries shall
detail the final disposition of those recommendations. The
summaries shall not contain any confidential or identifying
information concerning the subjects of the reports and
investigations. The summaries shall also include detailed
recommended administrative actions and matters for
consideration by the State Board of Education or the General
Assembly.
(e) No hiring or appointment of any person in any position
by the Board, the superintendent, or any other officer or
employee of the Board shall be made or entered into unless it
is consistent with the Financial Plan and Budget in effect and
the staffing plan approved by the Panel under this Section.
The hiring or appointment of any person shall not be binding on

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the Board unless and until it is in compliance with this
Section. The Board shall submit to the Panel for approval by
the Panel a staffing plan for the upcoming school year at the
same time as the submission of the Budget, except that the
staffing plan for the fiscal year ending in 1997 shall be
submitted to the Panel within 90 days after the effective date
of this amendatory Act of 1996. The staffing plan shall be
accompanied by a cost analysis and such other information as
the Panel may require. The Panel may prescribe standards,
procedures, and forms for submission of the staffing plan. The
Panel shall approve the staffing plan if the information
required to be submitted is complete and the staffing plan is
consistent with the Budget and Financial Plan in effect.
Otherwise, the Panel shall reject the staffing plan. In the
event of rejection, the Panel shall prescribe a procedure and
standards for revision of the staffing plan. The Panel shall
act on the staffing plan at the same time as the approval of
the Budget, except that the staffing plan for the fiscal year
ending in 1997 shall be acted upon within 60 days of the
submission of the staffing plan by the Board. The Board shall
report to the Panel, at such times and in such manner as the
Panel may direct, concerning the Board's compliance with each
staffing plan. The Panel may review the Board's operations,
obtaining budgetary data and financial statements, may require
the Board to produce reports, and shall have access to any
other information in the possession of the Board that it deems

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relevant. The Panel may issue directives to the Board to
assure compliance with the staffing plan, including the
issuance of reduction in force notices, non-renewal of
employment contracts, or any other notices or actions required
by contract or law. The Board shall produce such budgetary
data, financial statements, reports, and other information and
shall comply with such directives. After approval of each
staffing plan, the Board shall regularly reexamine the
estimates on which it was based and revise them as necessary.
The Board shall promptly notify the Panel of any material
change in the estimates in the staffing plan. The Board may
submit to the Panel, or the Panel may require the Board to
submit, modifications to the staffing plan based upon revised
revenue or expenditure estimates or for any other good reason.
The Panel shall approve or reject each modified staffing plan
within 60 days of its submission in a manner similar to the
provisions of this subsection for the approval or rejection of
the initial staffing plan.
(f) The Panel shall examine the business records and audit
the accounts of the Board or require that the Board examine its
business records and audit its accounts at such time and in
such manner as the Panel may prescribe. The Board shall
appoint a certified public accountant annually, approved by
the Panel, to audit its financial statements. The audit
conducted pursuant to this paragraph shall be in lieu of the
audit that the Board is required to undertake pursuant to

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Section 3-7.
(g) The Panel shall initiate and direct financial
management assessments and similar analyses of the operations
of the Board as may, in the judgment of the Panel, assure sound
and efficient financial management of the Board. Upon the
completion of these assessments, the Panel shall give
directives to the Board regarding improvements and changes
that derive from these assessments, which the Board shall
implement. In conjunction with its budgetary submission to the
Panel for each fiscal year, the Board shall demonstrate to the
satisfaction of the Panel that the directives of the Panel
have been implemented in whole or in part or, in the
alternative, are not capable of being implemented. In
consideration of whether to approve or reject the budget for a
fiscal year, the Panel shall adjudge whether the Board has
fully considered and responsibly proposed implementation of
the Panel's directives.
(h) The Panel shall initiate and direct a management audit
of the Board at least once every 2 years. The audit shall
review the personnel, organization, contracts, leases, and
physical properties of the Board to determine whether the
Board is managing and utilizing its resources in an economical
and efficient manner. The audit shall determine the causes of
any inefficiencies or uneconomical practices, including
inadequacies in internal and administrative procedures,
organizational structure, uses of resources, utilization of

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real property, allocation of personnel, purchasing policies,
and equipment.
(i) In the event that the Board refuses or fails to follow
a directive of the Panel to issue notices of non-renewal of
contracts, to issue notices of reduction in force to
employees, to issue requests for bids or proposals, or to
obtain financial or other information that the Panel finds
necessary for the implementation of its responsibilities under
this Article, the Panel may take such action in the name of the
district, and such action shall be binding the same as if the
action had been taken by the Board. The powers established by
this paragraph do not authorize the Panel to enter into
contracts in the name of the Board.
(j) The Panel shall meet with the Board or its designees in
closed session prior to the Board commencing any collective
bargaining negotiations to discuss the financial issues
relevant to the bargaining and for the purpose of the Panel
approving the budget limitations for the potential collective
bargaining agreement. The Board shall not make or consider any
proposal which does not comply with the collective bargaining
budget approved by the Panel. The Board shall keep the Panel
apprised as to the status of the bargaining. The Board shall
present any proposed change in the approved collective
bargaining budget to the Panel in closed session for approval.
Prior to the Board taking a final vote on any tentative
agreement approved by the employee organization, the Board

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shall discuss the tentative agreement with the Panel in closed
session. Upon final approval of a collective bargaining
agreement by both the Board and the employee organization, the
Board shall submit the final collective bargaining agreement
to the Panel for approval. At the same time that the Board
submits the final agreement to the Panel, the Board shall
notify the employee organization that the final agreement has
been submitted and the date of the Panel meeting at which the
final agreement will be considered. The employee organization
shall be provided an opportunity to discuss the final
agreement with the Panel prior to the Panel taking action on
the agreement. No collective bargaining agreement shall be
binding upon the district unless the Board has followed the
requirements of this paragraph and the final agreement has
been approved by the Panel.
(k) The budget of the Panel or any revisions to the budget,
including any costs to the Panel associated with the
appointment of an Inspector General, shall be approved by the
State Superintendent upon request of the Panel and after
opportunity for response by the Board.
(Source: P.A. 89-572, eff. 7-30-96.)