093_HB3036eng

 
HB3036 Engrossed                     LRB093 07159 JAM 07314 b

 1        AN ACT concerning food animals.

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

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Food Animal Institute Act.

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

21        Section  10.  Institute  established;  purpose.  The Food
22    Animal Institute  is  established  to  review  and  encourage
23    research  through  peer  review,  to  publish and disseminate
24    unbiased information about all aspects  of  the  food  animal
25    industry, anticipating issues with a vision for the future of
26    Illinois   agriculture,   and   to   maintain   comprehensive
27    information  systems  for  the improvement and enhancement of
28    all aspects of the food animal industry, all for the  benefit
29    of  the  public, the General Assembly, the Governor's Office,
30    and other State and local government agencies. The  Institute
 
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 1    must fulfill its purposes with unbiased integrity.

 2        Section  15.  Governing board.  The Institute is governed
 3    by a board of 15 voting members  who  are  appointed  by  the
 4    Governor  and  who must ensure unbiased information.  Five of
 5    the  Governor's  appointees  must   represent   food   animal
 6    production.  Five of the Governor's appointees must represent
 7    allied  agribusiness  aspects  of  the  food animal industry.
 8    Five of  the  Governor's  appointees  must  represent  other,
 9    non-agribusiness aspects of the food animal industry.
10        The  board  must also include, as non-voting members, the
11    dean or department  chairperson  or  his  or  her  designated
12    representative of the following institutions:  the University
13    of  Illinois  College  of  ACES,  the  University of Illinois
14    College of Veterinary Medicine, Southern Illinois  University
15    College   of   Agriculture,   Western   Illinois   University
16    Agriculture   Department,   and   Illinois  State  University
17    Agriculture Department.

18        Section 20.  Appointment; terms.  Initial  appointees  to
19    the  board  serve  the  following  terms as designated by the
20    Governor:  5 for a term of one year; 5 for a term of 2 years;
21    and 5 for a term of 3  years.   Subsequent  appointees  serve
22    terms of 3 years.  A vacancy is filled by appointment for the
23    remainder  of the unexpired term.  Members may be reappointed
24    to the board.  If the Governor fails to appoint a  member  or
25    to  fill  a  vacancy  within  90  days  after a member's term
26    expires or a vacancy occurs, the remaining board members must
27    make the appointment by majority vote. A member appointed  to
28    fill a vacancy shall serve for the remainder of the unexpired
29    term or until a successor is qualified.

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

30        Section  30.  Institute  expenses.  Operating  staff  and
31    expenses   of   the   Institute   shall   be   provided  from
32    appropriations  made  by  the  General  Assembly  for   those
33    purposes.  The  board has the authority to pay administrative
 
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 1    expenses  including  salary,  wages,  and  fringe   benefits;
 2    operation  and  maintenance  expenses,  travel,  supply,  and
 3    printing  expenses,  rental  and rental related expenses, and
 4    costs of capital purchases  and  improvements;  contract  and
 5    contractual  expenses;  and other expenses deemed appropriate
 6    by the board. The board is  authorized  to  establish  a  fee
 7    structure  and  charge  fees for publications and duplicating
 8    expenses. Revenue from those fees must be deposited into  the
 9    Food  Animal  Institute  Fund.  No  charges  or  fees  may be
10    authorized or charged to members of the General  Assembly  or
11    the Governor's Office.

12        Section  35.  Report.  The Institute must report annually
13    on January 1 to the Governor,  the  Clerk  of  the  House  of
14    Representatives,  and  the  Secretary  of the Senate upon the
15    Institute's activities in the preceding 12 months. The report
16    is a public record open for inspection at the office  of  the
17    Institute   and,   among   other  matters,  must  include  an
18    assessment of the current state of the food  animal  industry
19    in  Illinois  and  recommendations  for  new  initiatives and
20    efforts to further enhance and best position the food  animal
21    industry in Illinois.

22        Section  40.  Food Animal Institute Fund. The Food Animal
23    Institute Fund is created as a  special  fund  in  the  State
24    treasury.  Grants,  State  appropriations,  fees,  and  other
25    moneys   obtained   by   the   Food   Animal  Institute  from
26    governmental entities, private  sources,  foundations,  trade
27    associations,   industry  organizations,  and  not-for-profit
28    organizations for use  in  furthering  the  purposes  of  the
29    Institute  may be deposited into the Fund. Moneys in the Fund
30    may be used by the Institute, subject to  appropriation,  for
31    undertaking  projects, programs, and other activities and for
32    the operating and other  expenses  of  the  Institute  as  it
 
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 1    fulfills its duties and responsibilities.

 2        Section  45.  Use of funds. The Institute, from the funds
 3    appropriated  to  it,  shall:  (i)  collect  and  disseminate
 4    research data, results, or conclusions and disseminate it  to
 5    the  public, the General Assembly, State agencies, and others
 6    who request it; (ii) provide unbiased  analysis  of  research
 7    findings,  including  economic  impacts  on the State and the
 8    food animal industry; (iii)  provide,  if  needed,  for  peer
 9    review  of  research  and  research  proposals for scientific
10    merit, objectives, methods, and procedures;  (iv)  coordinate
11    its  activities  with public research and education programs;
12    and (v) initiate other activities  that  are  reasonable  and
13    necessary  to  fulfill  the responsibilities of the Institute
14    under this Act.

15        Section 95.  The State Finance Act is amended  by  adding
16    Section 5.595 as follows:

17        (30 ILCS 105/5.595 new)
18        Sec. 5.595.  The Food Animal Institute Fund.

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.