Illinois General Assembly - Full Text of HB3990
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Full Text of HB3990  96th General Assembly


Agriculture & Conservation Committee

Filed: 3/11/2009





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2     AMENDMENT NO. ______. Amend House Bill 3990 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the
5 "Local Food, Farms, and Jobs Act".
6     Section 5. Definitions.
7     (a) "Local farm or food products" are products grown,
8 processed, packaged, and distributed by Illinois citizens or
9 businesses located wholly within the borders of Illinois.
10     Section 10. Procurement goals for local farm or food
11 products.
12     (a) In order to create, strengthen, and expand local farm
13 and food economies throughout Illinois, it shall be the goal of
14 this State that 20% of all food and food products purchased by
15 State agencies and State-owned facilities, including, without



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1 limitation, facilities for persons with mental health and
2 developmental disabilities, correctional facilities, and
3 public universities, shall, by 2020, be local farm or food
4 products.
5     (b) The Local Food, Farms, and Jobs Council established
6 under this Act shall support and encourage that 10% of food and
7 food products purchased by entities funded in part or in whole
8 by State dollars, which spend more than $25,000 per year on
9 food or food products for its students, residents, or clients,
10 including, without limitation, public schools, child care
11 facilities, after-school programs, and hospitals, shall, by
12 2020, be local farm or food products.
13     (c) To meet the goals set forth in this Section, when a
14 State contract for purchase of food or food products is to be
15 awarded to the lowest responsible bidder, an otherwise
16 qualified bidder who will fulfill the contract through the use
17 of local farm or food products may be given preference over
18 other bidders, provided that the cost included in the bid of
19 local farm or food products is not more than 10% greater than
20 the cost included in a bid that is not for local farm or food
21 products.
22     (d) All State agencies and State-owned facilities that
23 purchase food and food products shall, with the assistance of
24 the Council, develop a system for (i) identifying the
25 percentage of local farm or food products purchased for fiscal
26 year 2011 as the baseline; and (ii) tracking and reporting



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1 local farm or food products purchases on an annual basis.
2     Section 15. Creation of the Local Food, Farms, and Jobs
3 Council.
4     (a) By November 1, 2009, the Illinois Department of
5 Agriculture shall establish a not-for-profit corporation,
6 under the General Not For Profit Corporation Act of 1986, that
7 shall be known as the Local Food, Farms, and Jobs Council
8 ("Local Food Council" or "Council").
9     (b) The purpose of the Local Food Council shall be to
10 facilitate the growth of an Illinois-based local farm and food
11 product economy that revitalizes rural and urban communities,
12 promotes healthy eating with access to fresh foods, creates
13 jobs, ensures a readily available supply of safe food in an
14 emergency event, and supports economic growth through making
15 local farm or food products available to all Illinois citizens.
16     (c) The Department of Agriculture shall serve as the fiscal
17 agent for the Local Food Council.
18     Section 20. Responsibilities of the Illinois Local Food,
19 Farms, and Jobs Council. The responsibilities of the Local Food
20 Council include, but are not limited to, the following:
21     (a) To assist State agencies, State-owned facilities, and
22 other entities with the purchase of local farm or food products
23 and with tracking and reporting of such purchases in order to
24 meet the goals established in Section 10 of this Act.



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1     (b) To assist local farm and food entrepreneurs to identify
2 and secure necessary resources and equipment to begin,
3 maintain, and expand projects and networks necessary for the
4 development of local farm or food products; provided, however,
5 that it is the intent of this Act that the Local Food Council
6 will facilitate program startups and then relinquish rights,
7 benefits, and control within a reasonably short duration of
8 time.
9     (c) To facilitate the building of infrastructure,
10 including aggregation, processing, storage, packaging, and
11 distribution facilities necessary to move local farm or food
12 products to local and other markets.
13     (d) To support and expand programs that recruit, train, and
14 provide technical assistance to Illinois farmers and residents
15 in order to encourage the production of local farm or food
16 products.
17     (e) To coordinate interagency policies, initiatives, and
18 procedures promoting local farm and food products in Illinois
19 communities, by working with and involving State, federal, and
20 local agencies, as well as community based organizations,
21 educational institutions, and trade organizations in executing
22 the purposes of this Act.
23     (f) To facilitate the elimination of legal barriers
24 hindering the development of a local farm and food economy by
25 working with federal, State, and local public health agencies,
26 other agencies and applicable entities, and the Illinois



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1 Attorney General to create consistent and compatible
2 regulations for the production, storage, distribution, and
3 marketing of local farm or food products.
4     (g) To facilitate the use of public lands for growing local
5 farm or food products by working with governmental entities at
6 the local, State, and federal levels.
7     (h) To set annual goals for all purchases of local farm or
8 food products by Illinois residents and to monitor the
9 development and expansion of a local farm and food economy
10 through data collection, tracking, measurement, analysis, and
11 reporting on progress made in an annual report to the Illinois
12 General Assembly.
13     (i) To initiate and facilitate public awareness campaigns
14 about the economic benefits of a local farm and food economy.
15     Section 25. Governance of the Local Food, Farms, and Jobs
16 Council.
17     (a) The Local Food Council shall be governed by a 35-member
18 board of directors, which shall be comprised of the following:
19         (1) one representative each from the Department of
20     Agriculture; the Department of Commerce and Economic
21     Opportunity; the Department of Public Health; the
22     Department of Human Services, Office of Health and
23     Prevention; the Department of Human Services, Office of
24     Security and Emergency Preparedness;
25         (2) the Director of the Lieutenant Governor's Rural



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1     Affairs Council;
2         (3) one agricultural specialist from the University of
3     Illinois Extension;
4         (4) four local farm or food product farmers
5     representing different agribusiness sectors, including,
6     but not limited to, the dairy, meat, vegetable, and grain
7     sectors;
8         (5) four local farm or food product producers
9     representing different flower, fruit, viticulture,
10     aquaculture, forestry, seeds, fiber, vegetable,
11     ornamental, or other specialty crop sectors;
12         (6) two local farm or food product processors;
13         (7) two local farm or food product distributors;
14         (8) three representatives of not-for-profit
15     educational organizations that specialize in supporting
16     and expanding local farm or food product networks;
17         (9) one certifier of specialty local farm or food
18     products, such as an organic, naturally grown, biodynamic,
19     Halal, or Kosher certifier;
20         (10) one local farm or food product consumer
21     representative;
22         (11) two representatives of farm organizations;
23         (12) one representative from a philanthropic
24     organization supporting the development of local farm or
25     food products;
26         (13) one local farm or food product retailer;



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1         (14) two municipal representatives from different
2     communities in the State actively engaged in the
3     development of local farm or food products;
4         (15) four representatives from community-based
5     organizations focusing on access to local farm or food
6     products, including at least 3 minority members; and
7         (16) one chef specializing in the preparation of
8     locally grown foods.
9     (b) The 29 non-state governmental board members shall be
10 appointed by the Governor to 3-year staggered terms as
11 determined by the Governor. Persons may be nominated by
12 organizations representing the sectors outlined in subsection
13 (a) of this Section. Vacancies shall be filled by the Governor.
14     (c) The board of directors shall have all the rights,
15 titles, powers, privileges, and obligations provided for in the
16 General Not For Profit Corporation Act of 1986. It shall elect
17 its presiding officers from among its members and may elect or
18 appoint an executive committee, other committees, and
19 subcommittees to conduct the business of the organization.
20     (d) The Local Food Council may solicit grants, loans,
21 contributions, or appropriations from public or private
22 sources and may enter into any contracts, grants, loans, or
23 agreements with respect to the use of such funds to execute the
24 purposes of this Act. No debt or obligation of the Local Food
25 Council shall become the debt or obligation of the State.
26     (e) Subject to the availability of public or private funds,



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1 the board of directors may employ an executive director, other
2 staff, or independent contractors necessary to execute the
3 purposes of this Act, and it may fix the compensation,
4 benefits, terms, and conditions of those persons' employment.
5     (f) The State governmental agencies represented on the
6 board of directors shall re-direct existing staff, as
7 appropriations permit, to assist in executing the purposes of
8 this Act, and they may provide office space, meeting space, and
9 other research and communication services as appropriate.
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".