State of Illinois
91st General Assembly
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91_HB2992ham001

 










                                           LRB9109837JMmbam06

 1                    AMENDMENT TO HOUSE BILL 2992

 2        AMENDMENT NO.     .  Amend House Bill 2992  by  replacing
 3    the title with the following:
 4        "AN ACT creating a Food Animal Institute."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1.  Short title.  This Act may be cited  as  the
 8    Food Animal Institute Act.

 9        Section 5.  Definitions.  As used in this Act:
10        "Board"  means  the  governing  board  of the Food Animal
11    Institute.
12        "Institute" means the Food Animal Institute.
13        "Food animal" includes,  but  is  not  limited  to,  beef
14    cattle,  swine,  sheep,  dairy cattle, turkeys, chickens, and
15    aquaculture products.
16        "Allied agribusiness"  means  any  related  agribusiness,
17    such  as  the feed industry, financial institutions, the food
18    animal or food animal processing industry, farm equipment  or
19    implement   dealers   or   manufacturers,   crop  production,
20    pharmaceuticals, or nutraceuticals.
21        "Non-agribusiness" means conservation groups, dieticians,
 
                            -2-            LRB9109837JMmbam06
 1    food processors, consumers, and animal health and  well-being
 2    groups.

 3        Section  10.  Institute  established;  purpose.  The Food
 4    Animal Institute  is  established  to  review  and  encourage
 5    research  through  peer  review,  to  publish and disseminate
 6    unbiased information about all aspects  of  the  food  animal
 7    industry, anticipating issues with a vision for the future of
 8    Illinois   agriculture,   and   to   maintain   comprehensive
 9    information  systems  for  the improvement and enhancement of
10    all aspects of the food animal industry, all for the  benefit
11    of  the  public, the General Assembly, the Governor's Office,
12    and other State and local government agencies. The  Institute
13    must fulfill its purposes with unbiased integrity.

14        Section  15.  Governing board.  The Institute is governed
15    by a board of 15 voting members appointed by the Governor who
16    will ensure unbiased information.   Five  of  the  Governor's
17    appointees  must  represent  food animal production.  Five of
18    the Governor's appointees must represent allied  agribusiness
19    aspects  of the food animal industry.  Five of the Governor's
20    appointees must represent other, non-agribusiness aspects  of
21    the food animal industry.
22        The  board  must also include, as non-voting members, the
23    dean or department  chairperson  or  his  or  her  designated
24    representative of the following institutions:  the University
25    of  Illinois  College  of  ACES,  the  University of Illinois
26    College of Veterinary Medicine, Southern Illinois  University
27    College   of   Agriculture,   Western   Illinois   University
28    Agriculture   Department,   and   Illinois  State  University
29    Agriculture Department.

30        Section 20.  Appointment; terms.  Initial  appointees  to
31    the  board  serve  the  following  terms as designated by the
 
                            -3-            LRB9109837JMmbam06
 1    Governor:  5 for a term of one year; 5 for a term of 2 years;
 2    and 5 for a term of 3  years.   Subsequent  appointees  serve
 3    terms of 3 years.  A vacancy is filled by appointment for the
 4    remainder  of the unexpired term.  Members may be reappointed
 5    to the board.  If the Governor fails to appoint a  member  or
 6    to  fill  a  vacancy  within  90  days  after a member's term
 7    expires or a vacancy occurs, the remaining board members must
 8    make the appointment by majority vote. A member appointed  to
 9    fill a vacancy shall serve for the remainder of the unexpired
10    term or until their successor is qualified.

11        Section 25.  Operation of the board.
12        (a)  Upon appointment of the board's initial members, the
13    Director  of  Agriculture  shall convene the first meeting of
14    the board for the purpose  of  selecting  a  chairperson  and
15    considering  other  matters of business of the Institute. The
16    board annually thereafter, in January or the first meeting of
17    each year, must select a chairperson from among  its  number.
18    Chairpersons  may be re-elected but shall not serve more than
19    3 consecutive years.  The board meets  at  the  call  of  the
20    chair.   A  quorum  is  necessary  for action by the board; 8
21    voting members of the board constitute  a  quorum,  unless  a
22    vacancy exists among the board's voting members. If a vacancy
23    exists,  then a quorum of the board shall consist of a simple
24    majority of the voting members.  Members  of  the  board  may
25    receive  no  compensation but must be reimbursed for expenses
26    incurred in the actual performance of their duties.
27        (b)  The board:
28             (1)  may have and use a common seal  and  alter  the
29        seal at its discretion;
30             (2)  may adopt all necessary resolutions, protocols,
31        and by-laws;
32             (3)  may enter into agreements with and accept funds
33        from  State  or  federal  agencies,  trade  associations,
 
                            -4-            LRB9109837JMmbam06
 1        industry organizations, universities and their sub-units,
 2        foundations,   and   other   not-for-profit  and  private
 3        industries to carry out the purposes of the Institute;
 4             (4)  may establish reserve funds and  accounts  that
 5        may  be necessary or desirable to accomplish the purposes
 6        of the Institute; and
 7             (5)  shall have  and  exercise  all  powers  and  be
 8        subject  to  all  duties  commonly  incident to boards of
 9        directors.

10        Section  30.  Institute  expenses.  Operating  staff  and
11    expenses  of   the   Institute   shall   be   provided   from
12    appropriations   made  by  the  General  Assembly  for  those
13    purposes.  The  board  shall  have  the  authority   to   pay
14    administrative  expenses  including salary, wages, and fringe
15    benefits; operation and maintenance expenses, travel, supply,
16    and printing expenses, rental and  rental  related  expenses,
17    and costs of capital purchases and improvements; contract and
18    contractual  expenses;  and other expenses deemed appropriate
19    by the board. The board is  authorized  to  establish  a  fee
20    structure  and  charge  fees for publications and duplicating
21    expenses. Revenue from those fees shall be deposited into the
22    Food Animal  Institute  Fund.  No  charges  or  fees  may  be
23    authorized  or  charged to members of the General Assembly or
24    the Governor's Office.

25        Section 35.  Report.  The Institute must report  annually
26    on  January  1  to  the  Governor,  the Clerk of the House of
27    Representatives, and the Secretary of  the  Senate  upon  the
28    Institute's activities in the preceding 12 months. The report
29    shall be a public record open for inspection at the office of
30    the  Institute  and,  among  other  matters, shall include an
31    assessment of the current state of the food  animal  industry
32    in  Illinois  and  recommendations  for  new  initiatives and
 
                            -5-            LRB9109837JMmbam06
 1    efforts to further enhance and best position the food  animal
 2    industry in Illinois.

 3        Section  40.  Food Animal Institute Fund. The Food Animal
 4    Institute Fund is created as a  special  fund  in  the  State
 5    treasury.  Grants,  State  appropriations,  fees,  and  other
 6    moneys   obtained   by   the   Food   Animal  Institute  from
 7    governmental entities, private  sources,  foundations,  trade
 8    associations,   industry  organizations,  and  not-for-profit
 9    organizations for use  in  furthering  the  purposes  of  the
10    Institute  may be deposited into the Fund. Moneys in the Fund
11    may be used by the Institute, subject to  appropriation,  for
12    undertaking  projects, programs, and other activities and for
13    the operating and other  expenses  of  the  Institute  as  it
14    fulfills its duties and responsibilities.

15        Section  45.  Use of funds. The Institute, from the funds
16    appropriated  to  it,  shall:  (i)  collect  and  disseminate
17    research data, results, or conclusions and disseminate it  to
18    the  public, the General Assembly, State agencies, and others
19    who request it; (ii) provide unbiased  analysis  of  research
20    findings,  including  economic  impacts  on the State and the
21    food animal industry; (iii) provide, where needed,  for  peer
22    review  of  research  and  research  proposals for scientific
23    merit, objectives, methods, and procedures;  (iv)  coordinate
24    its  activities  with public research and education programs;
25    and (v) initiate other activities  that  are  reasonable  and
26    necessary  to  fulfill  the responsibilities of the Institute
27    under this Act.

28        Section 95.  The State Finance Act is amended  by  adding
29    Section 5.541 as follows:

30        (30 ILCS 105/5.541 new)
 
                            -6-            LRB9109837JMmbam06
 1        Sec. 5.541.  The Food Animal Institute Fund.

 2        Section  99.  Effective date.  This act takes effect upon
 3    becoming law.".

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