State of Illinois
91st General Assembly
Legislation

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91_SB0725enr

 
SB725 Enrolled                                LRB9101596PTpkA

 1        AN Act concerning aquaculture.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended by changing Section 40.35 as follows:

 6        (20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
 7        Sec.  40.35.  Aquaculture.   To  develop  and implement a
 8    program to promote aquaculture  and  to  make  grants  to  an
 9    aquaculture   cooperative  in  this  State  pursuant  to  the
10    Aquaculture Development  Act,  to  promulgate  the  necessary
11    rules  and  regulations  and  to  cooperate with and seek the
12    assistance of the Department of  Natural  Resources  and  the
13    Department   of  Transportation  in  the  implementation  and
14    enforcement of that Act.
15    (Source: P.A. 89-445, eff. 2-7-96.)

16        Section 10.  The Aquaculture Development Act  is  amended
17    by adding Section 5.5 as follows:

18        (20 ILCS 215/5.5 new)
19        (Section scheduled to be repealed on June 30, 2009)
20        Sec. 5.5.  Aquaculture Cooperative.
21        (a)    The Department of Agriculture shall make grants to
22    an Aquaculture    Cooperative from the  Illinois  Aquaculture
23    Development  Fund,  a  special  fund  created  in  the  State
24    Treasury.   On  July  1,  1999  and on each July 1 thereafter
25    through July 1, 2008, the Comptroller shall order transferred
26    and the Treasurer shall transfer $1,000,000 from the  General
27    Revenue  Fund into the Illinois Aquaculture Development Fund.
28    The Aquaculture Cooperative shall consist of  any  individual
29    or  entity  of  the  aquaculture  industry in this State that
 
SB725 Enrolled             -2-                LRB9101596PTpkA
 1    seeks membership pursuant to  the  Agricultural  Co-Operative
 2    Act.   The  grants  for  the Cooperative shall be distributed
 3    from the Illinois Aquaculture Development Fund as provided by
 4    rule.     At  the  beginning  of  each  fiscal  period,   the
 5    Cooperative  shall  prepare a budget plan for the next fiscal
 6    period,  including  the  probable  cost  of   all   programs,
 7    projects,  and  contracts.   The Cooperative shall submit the
 8    proposed budget to the Director for review and comment.   The
 9    Director  may  recommend  programs  and activities considered
10    appropriate for the Cooperative.  The Cooperative shall  keep
11    minutes,  books,  and records that clearly reflect all of the
12    acts and transactions of the Cooperative and shall make  this
13    information  public.   The financial books and records of the
14    Cooperative shall be audited by a certified public accountant
15    at least  once  each  fiscal  year  and  at  other  times  as
16    designated  by  the Director.  The expense of the audit shall
17    be the responsibility of  the  Cooperative.   Copies  of  the
18    audit shall be provided to all members of the Cooperative, to
19    the  Department,  and  to  other  requesting  members  of the
20    aquaculture industry.
21        (b)  The grants to an  Aquaculture  Cooperative  and  the
22    proceeds  generated  by  the  Cooperative may be used for the
23    following purposes:
24             (1)  To buy aquatic organisms from  members  of  the
25        Cooperative.
26             (2)  To buy aquatic organism food in bulk quantities
27        for resale to the members of the Cooperative.
28             (3)  For   transportation,   hauling,  and  delivery
29        equipment.
30             (4)  For employee  salaries,  building  leases,  and
31        other administrative costs.
32             (5)  To   purchase   equipment   for   use   by  the
33        Cooperative members.
34             (6)  Any other related costs.
 
SB725 Enrolled             -3-                LRB9101596PTpkA
 1        (c)  The Department shall submit a report to the  General
 2    Assembly  before  January  1,  2009  with  a determination of
 3    whether the funding for the Aquaculture Cooperative should be
 4    extended beyond June 30, 2009.  If the Department  recommends
 5    an  extension  of  the  funding for the Cooperative, then the
 6    report shall detail whether the Cooperative funding    should
 7    be  increased, decreased, or eliminated.  The report shall be
 8    submitted  according  to  Section  5-140  of   the   Illinois
 9    Administrative Procedure Act.
10        (d)  This Section is repealed on June 30, 2009.

11        Section  15.   The State Finance Act is amended by adding
12    Section 5.490  as follows:

13        (30 ILCS 105/5.490 new)
14        Sec. 5.490.  The Illinois Aquaculture Development Fund.

15        Section 40.  The  County  Cooperative  Extension  Law  is
16    amended by changing Section 2a as follows:

17        (505 ILCS 45/2a) (from Ch. 5, par. 242a)
18        Sec. 2a.  Information and assistance.
19        (a)  The  Cooperative Extension Service of the University
20    of Illinois  shall  provide  information  and  assistance  to
21    person  who  are  timber  growers  and  to persons who may be
22    unaware of the  economic  and  soil  and  water  conservation
23    benefits  that can be attained through forestry management on
24    marginal agricultural lands.
25        (b)  The Department of Agriculture, in  cooperation  with
26    the  Cooperative  Extension  Service  of  the  University  of
27    Illinois,  in  conjunction  with  the  Agriculture Experiment
28    Station and Southern Illinois University at Carbondale, shall
29    provide information on  aquaculture  and  shall  explore  the
30    establishment   of   an   aquaculture   resource  center  for
 
SB725 Enrolled             -4-                LRB9101596PTpkA
 1    disseminating information and demonstrating the viability  of
 2    aquaculture  as a part of the diversified agriculture of this
 3    State.
 4        The Department of Agriculture in cooperation with the (i)
 5    Cooperative Extension Service of the University of  Illinois,
 6    (ii)  Southern  Illinois  University  at  Carbondale,   (iii)
 7    Illinois State University at Bloomington-Normal, (iv) Western
 8    Illinois University at Macomb,  and  (v)  community  colleges
 9    organized  under  the  Public  Community  College  Act  shall
10    provide   information   and  assistance  to  the  aquaculture
11    industry in the State concerning the Aquaculture  Cooperative
12    established   under   the  Aquaculture  Development  Act  and
13    incorporated under the Agricultural Co-Operative Act.
14    (Source: P.A. 85-856.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.
 
SB725 Enrolled             -5-                LRB9101596PTpkA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 205/40.35         from Ch. 127, par. 40.35
 4    20 ILCS 215/5.5 new
 5    30 ILCS 105/5.490 new
 6    505 ILCS 45/2a            from Ch. 5, par. 242a

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