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92_HB3322
LRB9206061MWdv
1 AN ACT concerning agriculture.
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 Illinois Agriculture Infrastructure Development Act of 2001.
6 Section 5. Definitions. In this Act:
7 "Advisory Board" or "Board" means the Department of
8 Agriculture's Infrastructure Development Advisory Board for
9 Agriculture.
10 "Affiliate" means, with respect to any lender, any
11 person, firm, or corporation controlled by, or under common
12 control with, that lender and any person, firm, or
13 corporation controlling that lender.
14 "Agribusiness" means any sole proprietorship, limited
15 partnership, co-partnership, joint venture, corporation, or
16 cooperative that operates or will operate a facility located
17 within the State of Illinois that is related to the
18 processing of agricultural commodities (including, but not
19 limited to, the products of aquaculture, hydroponics, and
20 silviculture) or the manufacturing, production, or
21 construction of agricultural buildings, structures,
22 equipment, implements, and supplies or any other facilities
23 or processes used in agricultural production. "Agribusiness"
24 includes, but is not limited to, the following:
25 (1) grain handling and processing, including grain
26 storage, drying, treatment, conditioning, milling, and
27 packaging;
28 (2) seed and feed grain development and processing;
29 (3) fruit and vegetable processing, including
30 preparation, canning, and packaging;
31 (4) processing of livestock and livestock products,
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1 dairy products, poultry and poultry products, fish, or
2 apiarian products, including slaughter, shearing,
3 collecting, preparation, canning, and packaging;
4 (5) fertilizer and agricultural chemical
5 manufacturing, processing, application, and supplying;
6 (6) farm machinery, equipment, and implement
7 manufacturing and supplying;
8 (7) manufacturing and supplying of agricultural
9 commodity processing machinery and equipment, including
10 machinery and equipment used in slaughter, treatment,
11 handling, collecting, preparation, canning, or packaging
12 of agricultural products;
13 (8) farm building and farm structure manufacturing,
14 construction, and supplying;
15 (9) construction, manufacturing, implementation,
16 supplying, or servicing of irrigation, drainage and soil,
17 and water conservation devices or equipment;
18 (10) fuel processing and development facilities
19 that produce fuel from agricultural products or
20 by-products;
21 (11) facilities and equipment for processing and
22 packaging agricultural commodities specifically for
23 export;
24 (12) facilities and equipment for forestry product
25 processing and supplying, including sawmilling
26 operations, wood chip operations, timber harvesting
27 operations, and manufacturing of prefabricated buildings,
28 paper, furniture, or other goods from forestry products;
29 (13) facilities and equipment for research and
30 development of products, processes and equipment for the
31 production, processing, preparation or packaging of
32 agricultural commodities and by-products.
33 "Agricultural facility" means land, any building, or any
34 other improvements on or land, and any personal properties
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1 deemed necessary or suitable for use, whether or not now in
2 existence, in farming, ranching, the production of
3 agricultural commodities (including, but not limited to, the
4 products of aquaculture, hydroponics, and silviculture) or
5 the treating, processing, or storing of agricultural
6 commodities when those activities are customarily engaged in
7 by farmers as a part of farming or as part of the Illinois
8 Value-added Agricultural Enhancement Program.
9 "Agricultural land" means land suitable for agricultural
10 production.
11 "Coordinating Council" means the Illinois Agricultural
12 Infrastructure Development Coordinating Council.
13 "Department" means the Department of Agriculture.
14 "Director" means the Director of Agriculture.
15 "Executive Director" means the Executive Director of the
16 Office of Illinois Agricultural Infrastructure Development.
17 "Fund" means the Illinois Agriculture Infrastructure
18 Development Fund.
19 "Hotline" means the AG Center Hotline.
20 "Illinois small business" means a small business concern,
21 as defined in Section 632 of Title 15 of the United States
22 Code, that primarily conducts its business in Illinois.
23 "Illinois Value-added Enhancement Program" means a
24 program developed by the Department to enhance the
25 production, processing, manufacturing, or usage of Illinois
26 agricultural commodities through loans, grants, or other
27 means for new or expanding agribusiness.
28 "Lender" means any federal or State chartered bank,
29 federal land bank, production credit association, bank for
30 cooperatives, federal or State chartered savings and loan
31 association or building and loan association, small business
32 investment company, or any other institution qualified within
33 this State to originate and service loans, including, but not
34 limited to, insurance companies, credit unions, and mortgage
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1 loan companies. "Lender" includes a wholly owned subsidiary
2 of a manufacturer, seller, or distributor of goods or
3 services that makes loans to businesses or individuals,
4 commonly known as a captive finance company.
5 "Office" means the Office of Illinois Agricultural
6 Infrastructure Development.
7 "Person" means, unless limited to a natural person by the
8 context in which it is used, an individual, a corporation, an
9 association, a trust, a partnership, or a cooperative.
10 "State" means the State of Illinois.
11 "Value-added" means the processing, packaging, or
12 otherwise enhancing the value of farm and agricultural
13 products or by-products produced in Illinois.
14 Section 10. Legislative findings.
15 (a) The General Assembly finds and that in this State
16 the following conditions exist:
17 (1) There exists in this State an inadequate supply
18 of funds at interest rates sufficiently low to enable
19 persons engaged in agriculture in this State to pursue
20 agricultural or agribusiness operations at present
21 levels.
22 (2) The inability to pursue agricultural operations
23 lessens the supply of agricultural products available to
24 fulfill the needs of the citizens of this State.
25 (3) The inability to continue operations decreases
26 available employment in the agricultural sector of the
27 State and results in unemployment and its attendant
28 problems.
29 (4) These conditions prevent the acquisition of an
30 adequate capital stock of farm equipment and machinery,
31 much of which is manufactured in this State, impairing
32 the productivity of agricultural land and causing
33 unemployment or the lack of an appropriate increase in
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1 employment in that manufacturing.
2 (5) These conditions are conducive to the
3 consolidation of acreage of agricultural land with fewer
4 individuals living and farming on the traditional family
5 farm.
6 (6) These conditions result in a loss in
7 population, unemployment, and the movement of persons
8 from rural to urban areas accompanied by added costs to
9 communities for creation of new public facilities and
10 services.
11 (7) There have been recurrent shortages of funds
12 from private market sources at reasonable rates of
13 interest.
14 (8) The ordinary operations of private enterprise
15 have not in the past corrected these conditions.
16 (9) There is a need for value-added products and
17 processing in this State.
18 (10) A stable supply of adequate funds for
19 agricultural financing is required to encourage family
20 farmers and agribusiness in an orderly and sustained
21 manner and to reduce the problems described in this
22 Section.
23 (b) The General Assembly determines and declares that
24 there exist conditions in the State that require the
25 Department to issue grants on behalf of the State for the
26 acquisition and development of agricultural facilities and
27 value-added products and processing.
28 Section 15. Office of Illinois Agricultural
29 Infrastructure Development. The Office of Illinois
30 Agricultural Infrastructure Development is created in the
31 Department of Agriculture. This Office consists of an
32 Executive Director and includes, but is not limited to, a
33 Financial Advisor, Business Analyst, Production Economist,
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1 and Education/Marketing Specialist. The Executive Director
2 may provide for other necessary staff. The Office must
3 administer the Illinois Value-added Enhancement Program, the
4 Agricultural Infrastructure Development Grant Program, and
5 Agricultural Business Research Grant Program; coordinate and
6 facilitate the AG Center Hotline; and assist the
7 Coordinating Council and Advisory Board. The Office must
8 develop regional, statewide, and global marketing plans and
9 materials that the Executive Director deems necessary. The
10 Office must perform all other duties assigned to it by the
11 Director.
12 Section 20. Illinois Agricultural Infrastructure
13 Development Coordinating Council. The Illinois Agricultural
14 Coordinating Council is created. The Coordinating Council
15 consists of the Director of Agriculture, the Director of
16 Commerce and Community Affairs, the Executive Director of
17 the Illinois Farm Development Authority, and the State
18 Treasurer. Each member of the Coordinating Council may
19 appoint a designee to represent him or her. The Executive
20 Director of the Council on Food and Agricultural Research and
21 the University of Illinois Director of Extension, or their
22 designees, are ex officio, non-voting members of the
23 Coordinating Council. The Director of Agriculture shall serve
24 as chair of the Coordinating Council. The Coordinating
25 Council must meet at least twice a year.
26 The Coordinating Council must, in an advisory capacity,
27 coordinate joint interests in the Agricultural
28 Infrastructure Development Grant Program to bring about added
29 markets and value-added opportunities for Illinois
30 commodities. The Coordinating Council must facilitate
31 regional, statewide, and global marketing strategies for
32 Illinois commodities. The Coordinating Council must develop
33 an overall strategy for the AG Center Hotline and coordinate
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1 activities of the hotline with other mutually benefiting
2 entities.
3 Section 25. Infrastructure Development Advisory Board
4 for Agriculture.
5 (a) The Infrastructure Development Advisory Board for
6 Agriculture is created in the Department of Agriculture. The
7 Advisory Board consists of 7 members, no more than 4 of whom
8 may be of the same political party, appointed by the
9 Director. One Advisory Board member must represent each of
10 the following: the banking and lending industry, the
11 financial investment industry, the economic development
12 industry, the professional farm management industry, and the
13 manufacturing industry. Two members must be involved in
14 production agriculture. All members must be residents of the
15 State. No person may be appointed as a member of the Board
16 who is serving as an elected officer for the State or for any
17 unit of local government or school district within the State.
18 The Executive Director of the Office of Illinois Agricultural
19 Infrastructure Development is an ex officio member of the
20 Advisory Board for the purpose of assisting in the Advisory
21 Board's administration.
22 In making the first appointments, the Director must
23 designate 2 members to serve until the third Monday in
24 January, 2002, 2 members to serve until the third Monday in
25 January 2003, 2 members to serve until the third Monday in
26 January, 2004, and one member to serve until the third Monday
27 in January, 2005, or until their successors are appointed and
28 qualified. The successors shall be appointed to serve for
29 4-year terms expiring on the third Monday in January or until
30 their successors are appointed and qualified. Any vacancy
31 occurring in the Board whether by death, resignation, or
32 otherwise, shall be filled by appointment by the Director in
33 the same manner as original appointments. A member appointed
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1 to fill a vacancy shall serve for the remainder of the
2 unexpired term or until his or her successor is appointed and
3 qualified.
4 (b) A member must be removed from the Board if he or she
5 has 2 consecutive absences that have not been excused by a
6 majority vote of the Board.
7 (c) The Director, or his or her designee, shall serve as
8 chair of the Advisory Board. Meetings of the Board must be
9 held no less than quarterly or upon the call of the chair.
10 Notice of special meetings must be given to members of the
11 Board as provided by law. Members may waive notice and do so
12 without further action by being present at any meeting.
13 Meetings of the Board are subject to the Open Meetings Act.
14 Members of the Board may participate, and shall be counted
15 for a quorum, in all meetings via electronic means including,
16 but not limited to, telephone conference calls or video
17 conferencing.
18 (d) Four members of the Advisory Board and the chairman
19 constitute a quorum at any meeting. No vacancy in the
20 membership of the Advisory Board impairs the right of a
21 quorum to exercise all the rights and perform all the duties
22 of the Advisory Board. The members of the Advisory Board
23 shall serve without compensation, but each member shall be
24 reimbursed for his or her necessary expenses incurred in the
25 discharge of his or her duties as a member of the Advisory
26 Board.
27 (e) The Advisory Board must review grant requests for
28 Illinois Value-added Agriculture Enhancement Program and the
29 Agricultural Infrastructure Development Grant Program that
30 are submitted to the Office and must advise the Director on
31 whether the project should receive all or part of the funding
32 request. The Advisory Board may request additional details
33 and information on all grant submissions before making any
34 recommendations to the Director. The Advisory Board, in
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1 reviewing the applications, must consider, but is not limited
2 to considering, the following criteria:
3 (1) The project has a reasonable assurance of
4 enhancing the value of agricultural products or will
5 expand agribusiness in Illinois.
6 (2) Preliminary market and feasibility research has
7 been conducted by the applicant or others and there is a
8 reasonable assurance of a potential market.
9 (3) The applicant has demonstrated the ability to
10 manage the business or commercialize the idea.
11 (4) There is favorable community support for the
12 project.
13 (5) There are favorable recommendations from local
14 economic development groups, university-based technical
15 specialists, or other qualified service providers.
16 (6) The applicant demonstrates a personal
17 commitment and a commercialization development plan.
18 (7) There is an adequate and realistic budget
19 projection.
20 (8) The application meets the eligibility
21 requirements and the project costs are eligible under
22 this Act.
23 (9) The applicant has established a need for the
24 grant.
25 (e) The Advisory Board must review the grant requests
26 for the Agricultural Business Research Grant Program
27 submitted to the Office and must advise the Director on
28 whether the project should receive all or a portion of the
29 funding request. The Advisory Board must establish criteria
30 for the review of grant applications for the Agricultural
31 Business Research Grant Program.
32 (f) No grant may be made by the Director without a
33 review by and a recommendation of the Advisory Board. The
34 Director may include the Advisory Board's recommendations
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1 for a grant or impose additional or lesser requirements for
2 the grant. Preference for grants must be given to, but is
3 not limited to, the following:
4 (1) Proposals for industrial and nonfood
5 production processes using Illinois agricultural
6 products.
7 (2) Proposals for food, feed, and fiber products
8 that use Illinois agricultural products and that add to
9 the value of Illinois agricultural products.
10 (3) Research proposals that have not been
11 duplicated by other research efforts within the State of
12 Illinois.
13 (4) Proposals that demonstrate that the applicant
14 has invested its own funds, time, and or other valued
15 consideration in the project.
16 (5) Proposals that are reasonably expected to
17 result in a viable commercial application.
18 Section 30. Conflicts of interest. No member of the
19 Advisory Board may be employed by, hold any official relation
20 to, or have any financial interest in (i) any corporation or
21 entity receiving guarantees, advances, or grants under this
22 Act or (ii) any agricultural facility financed or assisted
23 under this Act. No moneys of the Department may be deposited
24 in any financial institution in which any officer, director,
25 or holder of a substantial proprietary interest is also a
26 member of the Board. No real estate to which a member of the
27 Advisory Board holds legal title or in which that person has
28 any beneficial interest, including any interest in a land
29 trust, may be purchased or financed under this Act. In the
30 event it is later disclosed that the applicant purchased real
31 estate in which a member had an interest, the purchase is
32 void and the member involved is disqualified from membership
33 on the Advisory Board.
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1 Section 35. AG Center Hotline. The Office must establish
2 and maintain the AG Center Hotline as a customer service.
3 The hotline shall be a one stop reference that farmers,
4 businesses, agricultural co-operatives, and others interested
5 in inquiring about State services and assistance or providing
6 enhancement to Illinois commodities. The hotline must
7 include a toll-free telephone line and written communications
8 (including, but not limited to, traditional mail and e-mail)
9 and must serve as the front desk for customer interaction.
10 The hotline must provide information about and reference to
11 State programs offering market enhancement, creating or
12 enhancing value-added opportunities, or both for Illinois
13 commodities. The Office must work with the Coordinating
14 Council and other State agencies providing related services
15 or programs that will be linked to the hotline.
16 Section 40. Marketing and education. The Office must
17 develop and maintain a single statewide marketing and
18 education campaign of all market enhancement and value-adding
19 services or programs offered by the State. The campaign must
20 include, but is not be limited to, printed material listing
21 the market enhancement and value-adding services and
22 programs.
23 Section 45. Report. The Director must file with the
24 Governor, the State Treasurer, the Secretary of the Senate,
25 the Clerk of the House of Representatives, and the Illinois
26 Economic and Fiscal Commission, on or before March 1 of each
27 year, a written report covering the activities of the Office
28 for the previous calendar year. The report is a public
29 record and must be available for inspection at the offices of
30 the Department during normal business hours. The report must
31 include a complete list of (i) all applications for grants
32 under the Illinois Value-added Agricultural Enhancement
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1 Program and the Agricultural Infrastructure Development
2 Grant Program and any other financial assistance presented
3 to the Department during the calendar year; (ii) all persons
4 who have received any form of financial assistance from the
5 Department during the calendar year; and (iii) the nature
6 and amount of all such financial assistance. The report must
7 summarize the activities of the hotline and the Office's
8 marketing and education campaign.
9 Section 50. Powers of the Department. The Department
10 has the following powers, together with all powers incidental
11 to or necessary for the discharge of those powers:
12 (1) To have perpetual succession by its corporate name
13 as a body politic and corporate.
14 (2) To sue and be sued in its own name in civil suits
15 and actions and to defend suits against it.
16 (3) To adopt and make use of a corporate seal and to
17 alter the same at pleasure.
18 (4) To grant its moneys to one or more persons to be
19 used by those persons to pay the costs of acquiring,
20 constructing, reconstructing, or improving agricultural
21 facilities. Grants must be made on any terms and conditions
22 that the Department may determines.
23 (5) To grant its moneys to any agribusiness that
24 operates or will operate a facility located in Illinois for
25 the purposes of adding value to Illinois agricultural
26 commodities. Grants must be made on any terms and conditions
27 that the Department requires.
28 (6) To contract with lenders or others for the
29 origination of or the servicing of the grants made by the
30 Department.
31 (7) To receive and accept, from any source, aid or
32 contributions of money, property, labor, or other items of
33 value for furtherance of any of its purposes, subject to any
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1 conditions not inconsistent with this Act or with the laws of
2 this State pertaining to those contributions, including, but
3 not limited to, gifts, guarantees, or grants from any
4 department, agency, or instrumentality of the United States
5 of America.
6 (8) To collect any fees and charges in connection with
7 its grants, advances, servicing, and other activities that it
8 determines.
9 (9) To appoint, employ, contract with, and provide for
10 the compensation of any employees and agents, including, but
11 not limited to, engineers, attorneys, management consultants,
12 fiscal advisers, and agricultural, silvicultural, and
13 aquacultural experts, that the business of the Department
14 requires. No Advisory Board member or member of his or her
15 firm, business, partnership, or corporation, however, may be
16 employed or compensated by the Department.
17 (10) To make, enter into, and execute any contracts,
18 agreements, and other instruments with any person, including,
19 but not limited to, any federal, State, or local
20 governmental agency, and to take any other actions that may
21 be necessary or convenient to accomplish any purpose for
22 which this authority was granted to the Department or to
23 exercise any power expressly granted to the Department under
24 this Act.
25 (11) To establish funds for financial surety.
26 (12) To adopt any necessary rules that are consistent
27 with this Act.
28 Section 55. Liability. The Director, any Department
29 employee, or any authorized person executing grants is not
30 personally liable on the grants and is not subject to any
31 personal liability or accountability by reason of the
32 issuance of the grants.
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1 Section 60. Agricultural Infrastructure Development Grant
2 Program.
3 (a) The Department must develop and administer an
4 Agricultural Infrastructure Development Grant Program for the
5 purpose of promoting the value-added processing of Illinois
6 agricultural products and by-products through grants to
7 current and potential processors. Qualifying processing
8 facilities must be located in Illinois and must process,
9 package, or otherwise enhance the value of farm products or
10 by-products produced in Illinois. Grants may be used for the
11 costs of establishing and operating a value-added processing
12 facility, including, but not limited to, (i) purchasing land,
13 (ii) purchasing, constructing, or refurbishing buildings,
14 (iii) purchasing or refurbishing machinery or equipment, (iv)
15 installation, (v) repairs, (vi) labor, and (vii) working
16 capital.
17 The recipient of a grant under this Section must provide
18 a minimum percentage, as determined by the Department, of the
19 total cost of the processing project with the balance of the
20 project's total cost available from other sources. Other
21 sources include, but are not limited to, commercial and
22 private lenders, leasing companies, and grants. The
23 recipient's match may be in cash, cash-equivalent
24 investments, or both. A grant under this Section may not
25 exceed 10% of the project's total cost. Grant applications
26 must be made on forms provided by and in accordance with
27 procedures established by the Department. At a minimum, an
28 applicant must be an Illinois resident, as defined by
29 Department rule, and shall be required to provide the names,
30 addresses, and occupations of all project owners, the project
31 address, and any relevant credit and financial information.
32 The maximum grant award for 2/3 of the funds appropriated
33 for this program is up to $5 million annually per grant
34 recipient. The remaining 1/3 of the funds appropriated for
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1 this program shall have a maximum grant award of up to $1
2 million annually per grant recipient. Agribusiness must be
3 awarded a maximum grant up to $1 million annually per grant
4 recipient.
5 (b) The Agricultural Infrastructure Development Fund is
6 created as a special fund within the State treasury.
7 Appropriations and moneys for any public or private source
8 may be deposited into the Fund. Amounts in the Fund not
9 currently needed to meet the obligations of the Fund may be
10 invested as permitted by law. All interest earned from
11 moneys in the Fund shall be deposited into the Fund, except
12 that 1% of the annual investment earning may be used by the
13 Department for expenses. Subject to appropriation, moneys in
14 the Fund may be used to make grants under this Section.
15 Repayments of grants made under this Section must be
16 deposited into the Fund.
17 Section 65. Illinois Value-added Agricultural Enhancement
18 Program. The Department must develop and administer a
19 value-added enhancement grant program for (i) the costs of
20 undertaking feasibility studies, competitive assessments,
21 and consulting or productivity services that the Department
22 determines may result in enhancement of value-added
23 agricultural products and (ii) seed money for new or
24 expanding agribusiness. Each grant awarded under this
25 program must provide funding for up to 50% of the cost of (i)
26 the development of value-added agricultural products or (ii)
27 seed money for new or expanding agribusiness, not to exceed
28 50% of the appropriated moneys. Notwithstanding the other
29 provisions of this Section, the grant moneys may not be used
30 to provide seed money to an Illinois small business for the
31 purpose of compliance with the provisions of the Livestock
32 Management Facilities Act. The recipient of a grant under
33 this Section must provide 50% of the total projected costs of
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1 the proposed project. The recipient's match may be in cash,
2 cash-equivalent investments, or both. A grant under this
3 Section may not exceed 50% of the project's total cost.
4 Grant applications must be made on forms provided by and
5 in accordance with procedures established by the Department.
6 At a minimum, an applicant must be an Illinois resident, as
7 defined by Department rule, and shall be required to provide
8 the names, addresses, and occupations of all project owners,
9 the project address, and any relevant credit and financial
10 information.
11 (b) The Illinois Value-Added Agriculture Enhancement
12 Program Fund is created as a special fund in the State
13 Treasury. Appropriations and moneys from any public or
14 private sources may be deposited into the Fund. Amounts in
15 the Fund not currently needed to meet the obligations of the
16 Fund may be invested as permitted by law. All interest
17 earned on moneys in the Fund shall be deposited into the
18 Fund, except that 1% of the annual investment earning may be
19 used by the Department for expenses. Subject to
20 appropriation, moneys in the Fund may be used to make grants
21 under this Section. Repayments of grants made under this
22 Section shall be deposited into the Fund.
23 The Illinois Value-added Agriculture Enhancement Fund is
24 subject to the provisions of the Illinois Grant Funds
25 Recovery Act.
26 Section 70. Agricultural Business Research Grant Program.
27 (a) The Department must develop and administer an
28 agricultural business research grant program for the purpose
29 of assisting farmers, agricultural cooperatives, and
30 agribusinesses in developing business plans, grant
31 applications, and other necessary business development and
32 research. The grant funds may be awarded to a person or
33 agribusiness for the purpose of hiring, contracting, or
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1 leasing services, including, but not limited to, conducting
2 feasibility studies, developing business and marketing plans,
3 conducting engineering studies, developing marketing
4 strategies, and establishing or coordinating agribusiness for
5 agricultural production.
6 The maximum grant award for 1/2 of the funds appropriated
7 for this program is up to $50,000 annually per grant
8 recipient. The remaining 1/2 of the funds appropriated for
9 this program must have a maximum grant award of up to $10,000
10 annually per grant recipient. Grant applications must be
11 made on forms provided by and in accordance with procedures
12 established by the Department. At a minimum, an applicant
13 must be an Illinois resident, as defined by Department rule.
14 (b) The Agricultural Business Research Grant Fund is
15 created as a special fund in the State Treasury.
16 Appropriations and moneys from any public or private sources
17 may be deposited into the Fund. Amounts in the Fund not
18 currently needed to meet the obligations of the Fund may be
19 invested as permitted by law. All interest earned on moneys
20 in the Fund shall be deposited into the Fund, except that 1%
21 of the annual investment earning may be used by the
22 Department for expenses. Subject to appropriation, moneys in
23 the Fund must be used to make grants under this Section.
24 Repayments of grants made under this Section shall be
25 deposited into the Fund.
26 The Agricultural Business Research Grant Fund is subject
27 to the provisions of the Illinois Grant Funds Recovery Act.
28 Section 75. State agriculture planning agency. The
29 Department is the State agriculture planning agency. The
30 Department may accept and use planning grants or other
31 financial assistance from the federal government (i) for
32 statewide comprehensive planning work, including research and
33 coordination activity directly related to agriculture needs;
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1 and (ii) for State and interstate comprehensive planning and
2 research and coordination activity related to that planning.
3 All such grants shall be subject to the terms and conditions
4 prescribed by the federal government.
5 Section 80. Construction. This Act is necessary for the
6 welfare of this State and must be liberally construed to
7 effect its purposes.
8 Section 800. The Open Meetings Act is amended by
9 changing Section 1.02 as follows:
10 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
11 Sec. 1.02. For the purposes of this Act:
12 "Meeting" means any gathering of a majority of a quorum
13 of the members of a public body held for the purpose of
14 discussing public business.
15 "Public body" includes all legislative, executive,
16 administrative or advisory bodies of the State, counties,
17 townships, cities, villages, incorporated towns, school
18 districts and all other municipal corporations, boards,
19 bureaus, committees or commissions of this State, and any
20 subsidiary bodies of any of the foregoing including but not
21 limited to committees and subcommittees which are supported
22 in whole or in part by tax revenue, or which expend tax
23 revenue, except the General Assembly and committees or
24 commissions thereof. "Public body" includes tourism boards
25 and convention or civic center boards located in counties
26 that are contiguous to the Mississippi River with populations
27 of more than 250,000 but less than 300,000. "Public body"
28 includes the Health Facilities Planning Board. "Public body"
29 does not include a child death review team established under
30 the Child Death Review Team Act or an ethics commission,
31 ethics officer, or ultimate jurisdictional authority acting
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1 under the State Gift Ban Act as provided by Section 80 of
2 that Act. "Public body" includes the Infrastructure
3 Development Advisory Board for Agriculture.
4 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99;
5 91-782, eff. 6-9-00.)
6 Section 805. The State Finance Act is amended by adding
7 Sections 5.545, 5.546, and 6z-51 as follows:
8 (30 ILCS 105/5.545 new)
9 Sec. 5.545. The Agricultural Infrastructure Development
10 Fund.
11 (30 ILCS 105/5.546 new)
12 Sec. 5.546. The Agricultural Business Research Grant
13 Fund.
14 (30 ILCS 105/6z-51 new)
15 Sec. 6z-51. Transfers to Agricultural Infrastructure
16 Development Fund, Illinois Value-Added Agriculture
17 Enhancement Program Fund, and Agricultural Business Research
18 Grant Fund. Beginning on July 31, 2001 and ending on June
19 30, 2005, the State Comptroller and State Treasurer must
20 transfer from the General Revenue Fund, on the last day of
21 each month, 1/12th of the following amounts into each of the
22 specified funds during the specified fiscal years.
23 The Agricultural Infrastructure Development Fund.
24 Fiscal Year: Amount:
25 2002 $10,000,000
26 2003 $14,500,000
27 2004 $17,000,000
28 2005 $19,000,000
29 The Illinois Value-Added Agriculture Enhancement
30 Program Fund.
-20- LRB9206061MWdv
1 Fiscal Year: Amount:
2 2002 $4,000,000
3 2003 $5,000,000
4 2004 $6,000,000
5 2005 $7,000,000
6 The Agricultural Business Research Grant Fund.
7 Fiscal Year: Amount:
8 2002 $500,000
9 2003 $750,000
10 2004 $1,000,000
11 2005 $1,000,000
12 (20 ILCS 205/40.43 rep.)
13 Section 810. The Department of Agriculture Law of the
14 Civil Administrative Code of Illinois is amended by repealing
15 Section 40.43 as added by Public Act 91-561.
16 Section 999. Effective date. This Act takes effect upon
17 becoming law.