State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_SB0994sam001

 










                                             LRB9201840MWsbam

 1                    AMENDMENT TO SENATE BILL 994

 2        AMENDMENT NO.     .  Amend Senate Bill 994  by  replacing
 3    the title with the following:
 4        "AN ACT concerning agriculture"; 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    Illinois Agriculture Infrastructure Development Act of 2001.

 9        Section 5.  Definitions. In this Act:
10        "Advisory  Board"  or  "board"  means  the  Department of
11    Agriculture's Infrastructure Development Advisory  Board  for
12    Agriculture.
13        "Agribusiness"  means  any  sole  proprietorship, limited
14    partnership, co-partnership, joint venture,  corporation,  or
15    cooperative  that operates or will operate a facility located
16    within  the  State  of  Illinois  that  is  related  to   the
17    processing  of  agricultural  commodities (including, but not
18    limited to, the products  of  aquaculture,  hydroponics,  and
19    silviculture)    or   the   manufacturing,   production,   or
20    construction   of   agricultural    buildings,    structures,
21    equipment,  implements, and supplies, or any other facilities
 
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 1    or processes used in agricultural production.  "Agribusiness"
 2    includes but is not limited to the following:
 3             (1)   grain handling and processing, including grain
 4        storage, drying, treatment,  conditioning,  milling,  and
 5        packaging;
 6             (2)  seed and feed grain development and processing;
 7             (3)    fruit  and  vegetable  processing,  including
 8        preparation, canning, and packaging;
 9             (4)  processing of livestock and livestock products,
10        dairy products, poultry and  poultry  products,  fish  or
11        apiarian   products,   including   slaughter,   shearing,
12        collecting, preparation, canning, and packaging;
13             (5)     fertilizer    and    agricultural   chemical
14        manufacturing, processing, application and supplying;
15             (6)   farm  machinery,  equipment,   and   implement
16        manufacturing and supplying;
17             (7)   manufacturing  and  supplying  of agricultural
18        commodity processing machinery and  equipment,  including
19        machinery  and  equipment  used  in slaughter, treatment,
20        handling, collecting, preparation, canning, or  packaging
21        of agricultural commodities;
22             (8)  farm building and farm structure manufacturing,
23        construction, and supplying;
24             (9)   construction,  manufacturing,  implementation,
25        supplying, or servicing of irrigation, drainage, and soil
26        and water conservation devices or equipment;
27             (10)   fuel  processing  and  development facilities
28        that  produce  fuel  from  agricultural  commodities   or
29        by-products;
30             (11)   facilities  and  equipment for processing and
31        packaging  agricultural  commodities   specifically   for
32        export;
33             (12)   facilities and equipment for forestry product
34        processing   and    supplying,    including    sawmilling
 
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 1        operations,   wood  chip  operations,  timber  harvesting
 2        operations, and manufacturing of prefabricated buildings,
 3        paper, furniture, or other goods from forestry  products;
 4        and
 5             (13)   facilities  and  equipment  for  research and
 6        development of products, processes, and equipment for the
 7        production,  processing,  preparation,  or  packaging  of
 8        agricultural commodities and by-products.
 9        "Agricultural facility" means land, any building or other
10    improvement on or to land, and any personal properties deemed
11    necessary  or  suitable  for  use,  whether  or  not  now  in
12    existence,  in   farming,   ranching,   the   production   of
13    agricultural  commodities (including, but not limited to, the
14    products of aquaculture, hydroponics,  and  silviculture)  or
15    the   treating,   processing,  or  storing  of   agricultural
16    commodities when the activities are customarily engaged in by
17    farmers as a part of farming  or  as  part  of  the  Illinois
18    value-added agricultural enhancement program.
19        "Agricultural  land"  means land suitable for agriculture
20    production.
21        "Asset" includes, but is not limited to,  the  following:
22    cash crops or feed on hand; livestock held for sale; breeding
23    stock;   marketable  bonds  and  securities;  securities  not
24    readily marketable; accounts  receivable;  notes  receivable;
25    cash  invested  in  growing  crops;  net  cash  value of life
26    insurance; machinery and equipment; cars and trucks; farm and
27    other  real  estate  including  life  estates  and   personal
28    residence; value of beneficial interest in trusts; government
29    payments or grants; and any other assets.
30        "Department" means the Department of Agriculture.
31        "Director" means the Director of Agriculture.
32        "Fund"  means  the  Illinois  Agriculture  Infrastructure
33    Development Fund.
34        "Grantee"  mean  the  person or entity to whom a grant is
 
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 1    made to from the Fund.
 2        "Lender" means  any  federal  or  State  chartered  bank,
 3    federal  land  bank,  production credit association, bank for
 4    cooperatives, federal or state  chartered  savings  and  loan
 5    association  or building and loan association, small business
 6    investment company, or any other institution qualified within
 7    this State to originate and service loans, including, but not
 8    limited to, insurance companies, credit unions, and  mortgage
 9    loan  companies.  "Lender" includes a wholly owned subsidiary
10    of a manufacturer, seller or distributor of goods or services
11    that makes loans to businesses or individuals, commonly known
12    as a "captive finance company".
13        "Liability"  includes,  but  is  not  limited   to,   the
14    following: accounts payable; notes or other indebtedness owed
15    to  any  source;  taxes;  rent;  amounts  owed on real estate
16    contracts  or  real  estate  mortgages;  judgments;   accrued
17    interest payable; and any other liability.
18        "Person" means, unless limited to a natural person by the
19    context   in   which  it  is  used,  a  person,  corporation,
20    association, trust, partnership, limited  partnership,  joint
21    venture, or cooperative.
22        "State" means the State of Illinois.
23        "Value-Added"   means   the   processing,  packaging,  or
24    otherwise  enhancing  the  value  of  farm  and  agricultural
25    products or by-products produced in Illinois.

26        Section 10.  Legislative findings.
27        (a)  The General Assembly finds that in  this  State  the
28    following conditions exist:
29             (1)   There  exists an inadequate supply of funds at
30        interest rates sufficiently low to enable persons engaged
31        in agriculture in this State to  pursue  agricultural  or
32        agribusiness operations at present levels.
33             (2)  The inability to pursue agricultural operations
 
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 1        lessens  the supply of agricultural commodities available
 2        to fulfill the needs of the citizens of this State.
 3             (3)  The inability to continue operations  decreases
 4        available  employment  in  the agricultural sector of the
 5        State and  results  in  unemployment  and  its  attendant
 6        problems.
 7             (4)   These conditions prevent the acquisition of an
 8        adequate capital stock of farm equipment  and  machinery,
 9        much  of  which  is manufactured in this State, therefore
10        impairing  the  productivity  of  agricultural  land  and
11        causing unemployment or lack of appropriate  increase  in
12        employment in that manufacturing.
13             (5)  These conditions are conducive to consolidation
14        of  acreage  of  agricultural land with fewer individuals
15        living and farming on the traditional family farm.
16             (6)   These  conditions  result   in   a   loss   in
17        population,  unemployment,  and  movement of persons from
18        rural to  urban  areas  accompanied  by  added  costs  to
19        communities  for  creation  of  new public facilities and
20        services.
21             (7)  There have been recurrent  shortages  of  funds
22        from  private  market  sources  at  reasonable  rates  of
23        interest.
24             (8)   The  ordinary operations of private enterprise
25        have not in the past corrected these conditions.
26             (9)  There is a need for  value-added  products  and
27        processing in this State.
28             (10)    A   stable  supply  of  adequate  funds  for
29        agricultural financing is required  to  encourage  family
30        farmers  and  agribusiness  in  an  orderly and sustained
31        manner and to  reduce  the  problems  described  in  this
32        Section.
33        (b)   The  General  Assembly determines and declares that
34    there  exist  conditions  in  the  State  that  require   the
 
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 1    Department  to  issue  grants  on behalf of the State for the
 2    acquisition and development of  agricultural  facilities  and
 3    value-added products and processing.

 4        Section  15.   Infrastructure  Development Advisory Board
 5    for Agriculture; grant requirements.
 6        (a)  The Infrastructure Development  Advisory  Board  for
 7    Agriculture is created in the Department of Agriculture.  The
 8    Advisory  Board consists of 7 members, no more than 4 of whom
 9    may  be  of  the  same  political  party,  appointed  by  the
10    Governor. One Advisory Board member must  represent  each  of
11    the  following:  the  banking  and  lending industry, the the
12    economic development industry, the agribusiness industry, and
13    the manufacturing industry.  Three members must  be  involved
14    in  production  agriculture. All members must be residence of
15    the State.
16        In making  the  first  appointments,  the  Governor  must
17    designate  2  members  to  serve  until  the  third Monday in
18    January, 2002, 2 members to serve until the third  Monday  in
19    January,  2003,  2 members to serve until the third Monday in
20    January, 2004, and one member to serve until the third Monday
21    in January, 2005, or until their successors are appointed and
22    qualified. The successors shall be appointed to serve  4-year
23    terms  expiring on the third Monday in January or until their
24    successors are appointed and qualified. Any vacancy occurring
25    in the Board whether  by  death,  resignation,  or  otherwise
26    shall  be  filled  by appointment by the Governor in the same
27    manner as original appointments. A member appointed to fill a
28    vacancy shall serve for the remainder of the  unexpired  term
29    or until his successor is qualified.
30        (b)   The  Director or his or her designee shall serve as
31    chairman of the Advisory Board. Meetings of the Board will be
32    called by the chair. Notice  of  special  meetings  shall  be
33    given to members of the Board as provided by law. Members may
 
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 1    waive  notice  and  do  so  without  further  action by being
 2    present at any meeting. Meetings of the Board are subject  to
 3    the Open Meetings Act.  Members of the Board may participate,
 4    and  shall  be  counted  for  a  quorum,  in all meetings via
 5    electronic means  including  telephone  conference  calls  or
 6    video conferencing.
 7        (c)   Four members of the Advisory Board and the chairman
 8    shall constitute a quorum at any meeting.  No vacancy in  the
 9    membership of the Board shall impair the right of a quorum to
10    exercise  all  the  rights  and perform all the duties of the
11    Advisory Board. The members of the Board shall serve  without
12    compensation,  but each member shall be reimbursed for his or
13    her necessary expenses incurred in the discharge  of  his  or
14    her duties as a member of the Advisory Board.
15        (d)   The  Advisory Board shall review grant requests for
16    the Agriculture Infrastructure Development Grant Program that
17    are submitted to the Department and must advise the  Director
18    on  whether  the  project  should  receive all or part of the
19    funding request. The Board may request additional details and
20    information on all grant  submissions  prior  to  making  any
21    recommendations  to  the  Director.  The  Advisory  Board, in
22    reviewing the applications, must consider, but is not limited
23    to considering the following criteria:
24             (1)  The  project  has  a  reasonable  assurance  of
25        enhancing  the  value  of  agricultural  products or will
26        expand agribusiness in Illinois.
27             (2)  Preliminary market and feasibility research has
28        been conducted by the applicant or others and there is  a
29        reasonable assurance of a potential market.
30             (3)   The  applicant has demonstrated the ability to
31        manage the business or commercialize the idea.
32             (4)  There is favorable community  support  for  the
33        project.
34             (5)   There are favorable recommendations from local
 
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 1        economic development groups,  university-based  technical
 2        specialists, or other qualified service providers.
 3             (6)    The   applicant   demonstrates   a   personal
 4        commitment and a commercialization development plan.
 5             (7)   There  is  an  adequate  and  realistic budget
 6        projection.
 7             (8)    The   application   meets   the   eligibility
 8        requirements and the project  costs  are  eligible  under
 9        this Act.
10             (9)   The  applicant  has established a need for the
11        grant.
12             (10)  The economic impact  of  the  project  on  the
13        state's agriculture and agribusiness sector.
14        (e)   No  grant  may  be  made  by the Director without a
15    review and recommendation of the Advisory Board. The Director
16    may include the Advisory Board's recommendations for a  grant
17    or to impose additional or lesser requirements for the grant.
18    Preference  for  grants shall be given to, but is not limited
19    to, the following:
20             (1)  Proposals for industrial and nonfood production
21        processes using Illinois agricultural products.
22             (2)  Proposals for food, feed,  and  fiber  products
23        that  use  Illinois  agricultural products and add to the
24        value of Illinois agricultural products.
25             (3)   Research  proposals   that   have   not   been
26        duplicated by other research efforts.
27             (4)   Proposals  that demonstrate that the applicant
28        has invested his or her own funds,  time,  and  or  other
29        valued consideration in the project.
30             (5)   Proposals  that  are  reasonably  expected  to
31        result in a viable commercial application.
32             (6)   Proposals that have a positive economic impact
33        on the State's agriculture and agribusiness sector.
 
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 1        Section 20.  Conflict of  interest.   No  member  of  the
 2    Advisory Board may be employed by, hold any official relation
 3    to,  or have any financial interest in (i) any corporation or
 4    entity receiving guarantees, advances, or grants  under  this
 5    Act or (ii) to any agricultural facility financed or assisted
 6    under  this Act. No moneys of the Department may be deposited
 7    in any financial institution in which any officer,  director,
 8    or  holder  of  a  substantial proprietary interest is also a
 9    member of the Board. No real estate to which a member of  the
10    Board  holds  legal  title  or  in  which that person has any
11    beneficial interest, including any interest in a land  trust,
12    may  be purchased or financed under this Act. In the event it
13    is later disclosed that the applicant purchased  real  estate
14    in  which  a member had an interest, the purchase is void and
15    the member involved shall be disqualified from membership  on
16    the Advisory Board.

17        Section  25.   Report.   The  Director must file with the
18    Governor, the State Treasurer, the Secretary of  the  Senate,
19    and  the Clerk of the House of Representatives, by March 1 of
20    each year, a written report covering the  activities  of  the
21    Department  for  the  previous calendar year. The report is a
22    public record and must be available  for  inspection  at  the
23    offices  of  the Department during normal business hours. The
24    report must include a complete list of (i)  all  applications
25    for  grants  under the Agriculture Infrastructure Development
26    Grant Program during the calendar year; (ii) all persons that
27    have received any  form  of  financial  assistance  from  the
28    Department during the calendar year; and (iii) the nature and
29    amount of all financial assistance.

30        Section  30.   Powers  of the Department.  The Department
31    has the following powers, together with all powers incidental
32    to or necessary for the discharge of those powers:
 
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 1             (1)  To grant its moneys to one or more  persons  to
 2        be  used  by those persons to pay the costs of acquiring,
 3        constructing, reconstructing, or  improving  agricultural
 4        facilities.  Grants  must  be on any terms and conditions
 5        that the Department determines.
 6             (2)  To grant its moneys to any  agribusiness  which
 7        operates  or  will operate a facility located in Illinois
 8        for the purposes of adding value to Illinois agricultural
 9        commodities. Grants must be on any terms  and  conditions
10        as the Department requires.
11             (3)   To  contract  with  lenders  or others for the
12        origination of or the servicing of the grants made by the
13        Department.
14             (4)  To receive and accept, from any source, aid  or
15        contributions  of  money, property, labor, or other items
16        of value for furtherance of any of its purposes,  subject
17        to  any  conditions not inconsistent with this Act or the
18        laws of  this  State  pertaining  to  the  contributions,
19        including,  but  not  limited  to,  gifts, guarantees, or
20        grants from any department, agency, or instrumentality of
21        the United States of America.
22             (5)  To collect any fees and charges  in  connection
23        with   its   grants,   advances,   servicing,  and  other
24        activities that it determines.
25             (6)  To appoint, employ, contract with, and  provide
26        for   the  compensation  of  any  employees  and  agents,
27        including, but  not  limited  to,  engineers,  attorneys,
28        management     consultants,    fiscal    advisers,    and
29        agricultural, silvicultural,  and  aquacultural  experts,
30        that  business  of  the  Department requires. No Advisory
31        Board member or member of  his  or  her  firm,  business,
32        partnership,   or   corporation   shall  be  employed  or
33        compensated by the Department.
34             (7)  To make, enter into, and execute any contracts,
 
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 1        agreements,  and  other  instruments  with  any   person,
 2        including  but  not  limited  to,  any federal, State, or
 3        local governmental agency and to take any  other  actions
 4        that  may  be  necessary  or convenient to accomplish any
 5        purpose for which  this  authority  was  granted  to  the
 6        Department  or  to  exercise  any power expressly granted
 7        under this Act.
 8             (8)  To establish funds  for  financial  surety  and
 9        escrow accounts.
10             (9)    To   adopt   any  necessary  rules  that  are
11        consistent with this Act.

12        Section 35.   Liability.  The  Director,  any  Department
13    employee,  or  any  authorized person executing grants is not
14    personally liable on the grants and is  not  subject  to  any
15    personal   liability  or  accountability  by  reason  of  the
16    issuance of the grants.

17        Section 40. Agriculture Infrastructure Development  Grant
18    Program.
19        (a)   The  Department  must  develop  and  administer  an
20    Agriculture  Infrastructure Development Grant Program for the
21    purpose of promoting the value-added processing  of  Illinois
22    agriculture   products  and  by-products  through  grants  to
23    current  and  potential  processors.   Qualifying  processing
24    facilities must be located  in  Illinois  and  must  process,
25    package,  or  otherwise enhance the value of farm products or
26    by-products produced in Illinois.  Grants may be used for the
27    costs  of   developing,   establishing,   and   operating   a
28    value-added  processing  facility, including, but not limited
29    to, (i) purchasing land, (ii)  purchasing,  constructing,  or
30    refurbishing  buildings,  (iii)  purchasing  or  refurbishing
31    machinery  or equipment, (iv) installation, (v) repairs, (vi)
32    labor,  (vii)  professional  services,  and  (viii)   working
 
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 1    capital.
 2        The  recipient of a grant under this Section must provide
 3    a minimum percentage, as determined by the Department, of the
 4    total cost of the processing project, with the balance of the
 5    project's total cost available  from  other  sources.   Other
 6    sources  include,  but  are  not  limited  to, commercial and
 7    private  lenders,  leasing  companies,   and   grants.    The
 8    recipient's   match   may   be   in   cash,   cash-equivalent
 9    investments,  bonds,  irrervocable  letters of credit, or any
10    combination thereof.  A grant under this Section may  provide
11    (i) up to 75% of the cost for technical assistance to develop
12    a  project  to  enhance the value of agricultural products or
13    expand agribusiness in Illinois but not  to  exceed  $25,000,
14    (ii)  up  to  50%  of  the  cost  of  undertaking feasibility
15    studies,   competitive   assessments,   and   consulting   or
16    productivity services  that  the  Department  determines  may
17    result   in   the  enhancement  of  value-added  agricultural
18    products, and (iii) up to 10% of the project's total  capital
19    construction  cost  not to exceed $5,000,000. Notwithstanding
20    any other provision of this Section, the grant moneys may not
21    be used for the purpose of compliance with the provisions  of
22    the Livestock Management Facilities Act.
23        Grant  applications must be made on forms provided by and
24    in accordance with procedures established by the  Department.
25    At  a  minimum, an applicant must be an Illinois resident, as
26    defined by Department  rule,  and  must  provide  the  names,
27    addresses, and occupations of all project owners, the project
28    address, relevant credit and financial information (including
29    but  not  limited  to, assets and liabilities), and any other
30    information deemed necessary by the  Advisory  Board  or  the
31    Department for review of the grant application.
32        (b)   All  requests for the waiver of any requirements in
33    this Section must be made in writing to  the  Department.   A
34    grant  award  is subject to modification or alteration under,
 
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 1    but is not limited to, the following conditions:
 2             (1) The grant award is subject to any  modifications
 3        that   may  be  required  by  changes  in  State  law  or
 4        regulations.   Any   required   modification   shall   be
 5        incorporated  into  and  made  a  part  of  the  grant as
 6        provided in the  Illinois  Grant  Funds  Recovery.    The
 7        Department  shall  notify the recipient in writing of any
 8        amendment to the  regulations and the effective  date  of
 9        those amendments.
10             (2)   A recipient's request for budget variations in
11        the amount or line item costs  shall  be  in  writing  by
12        certified  mail  and  shall  give  justifications for the
13        requested  variations.   The   Department   may   approve
14        modification  requests  if  the Department determines the
15        modification is necessary to achieve program  objectives.
16        Any  changes  in  cost categories or line items shall not
17        alter the activities or deliverables for the project.  If
18        the Department approves  the  modification  request,  the
19        recipient  must  be notified in writing of the change and
20        the effective date of the change.
21             (3)  If  either  the  Department  or  the  recipient
22        requests  to  modify  the  terms of the grant award other
23        than as set forth in  paragraphs  (1)  and  (2),  written
24        notice of the proposed modification shall be given to the
25        other  party.   No  modification shall take effect unless
26        agreed to in writing  by  both  the  Department  and  the
27        recipient.
28        (c)   The Agricultural Infrastructure Development Fund is
29    created  as  a  special  fund  within  the  State   treasury.
30    Appropriations  and  moneys from any public or private source
31    may be deposited into the Fund.   Amounts  in  the  Fund  not
32    currently needed to meet the obligations of the Fund shall be
33    invested as permitted by law.  All interest earned from those
34    investments  shall be deposited into the Fund, except that 1%
 
                            -14-             LRB9201840MWsbam
 1    of annual investment earning may be used  by  the  Department
 2    for  expenses.   Subject  to appropriation, the Fund shall be
 3    used to make grants under this Section.  Repayments of grants
 4    made under this Section shall be deposited into the Fund.

 5        Section 45.  Project reporting.  The grantee of a  funded
 6    project  shall  submit to the Department periodic reports, as
 7    specified  in  the  grant  agreement,   outlining   progress,
 8    timeline,   and   budget  compliance.   Deviations  from  the
 9    agreement may result in the withholding of further funding or
10    in a grant default.  A final written report,  describing  the
11    work  performed,  results  obtained,  and  economic impact is
12    required with 30 days after  a  project  is  completed.   The
13    final  report  shall  also  include a financial report of all
14    expenses  actually  incurred  and  income  generated  by  the
15    project, if any. Grantees may be required to  submit  to  the
16    Department  the  following  information:  employment reports,
17    federal  tax  returns  or  financial  statements,  and  other
18    information as requested by the Department where economic  or
19    business conditions may be necessary to determine conformance
20    with  grant  conditions.   The  Department  may  require  the
21    financial  statements be compiled, reviewed, or audited by an
22    independent accountant at the expense of the grantee  at  any
23    time for 3 years following the completion of the grant.

24        Section 50.  Certification. The Department may develop an
25    organic, identity preserved, and or value-added certification
26    processes  and  programs  that  guarantees  a  buyer that the
27    certified Illinois products have traits  and  qualities  that
28    warrant  a  premium price or an increase in added value.  The
29    Department  may  adopt  rules   setting   certification   and
30    licensing  standards  for  persons  to certify products under
31    this Section.
 
                            -15-             LRB9201840MWsbam
 1        Section 55.   Market  access.   The  Department  may  (i)
 2    identify  international  and  domestic  consumer preferences,
 3    (ii) identify the new  markets  those  preferences  indicate,
 4    particularly   for   value-added   products,  (iii)  identify
 5    preserved products, (iv) underwrite demonstrations on foreign
 6    soils, and (v) provide market analyses and trend  projections
 7    to farmers and other interested persons.

 8        Section  60.   Default or termination of grant agreement.
 9    If the recipient of a grant violates any of the terms of  the
10    grant  agreement,  the Department shall send a writing notice
11    to the recipient that he or she is in default  and  be  given
12    the opportunity to correct the violations.
13        (a)   If  the  violation  is not corrected within 10 days
14    after receipt of the notification, the Director may take, but
15    not is limited to,  one or more of the following actions:
16             (1)  Declare due and payable the amount of the grant
17        and cease additional grant payments not yet made  to  the
18        grantee.
19             (2)   Take  possession  of  the facility or project,
20        repair, maintain,  operate,  sell,  lease,  or  otherwise
21        dispose of the project or facility to another entity.
22             (3)  Take any other action considered appropriate to
23        protect the interest of the project.
24        (b)   The Department shall determine that a recipient has
25    failed to faithfully perform the terms and conditions of  the
26    scope of work of the project when:
27             (1)   The  Department  has notified the recipient in
28        writing  of  the  existence  of  circumstances  such   as
29        repeated    failure    to    submit   required   reports,
30        misapplication  of  grant   funds,   failure   to   match
31        Department  funds,  evidence of fraud and abuse, repeated
32        failure to meet performance timelines  or  standards,  or
33        failure to resolve negotiated points of the agreement.
 
                            -16-             LRB9201840MWsbam
 1             (2)   The recipient fails to develop and implement a
 2        corrective action plan within 30  calendar  days  of  the
 3        Department's notice.
 4        (c)   A grant shall be terminated for, but termination is
 5    not limited to, under any of the following circumstances:
 6             (1)  In the absence of State funding for a  specific
 7        year,  all  grants  that year will be terminated in full.
 8        In the event of a partial  loss  of  State  funding,  the
 9        Department may make proportionate cuts to all recipients.
10             (2)  If the Department determines that the recipient
11        has failed to comply with the terms and conditions of the
12        grant agreement, the Department shall terminate the grant
13        in  whole,  or  in  part,  at any time before the date of
14        completion.
15             (3)   The  Department  and   the   recipient   shall
16        terminate  the  grant  in  whole,  or  in  part, when the
17        Department and recipient agree that the  continuation  of
18        the   project   would   not  produce  beneficial  results
19        commensurate with the further expenditures of funds.
20             (4)  The  recipient  may  refuse  or  elect  not  to
21        complete the grant agreement and terminate the grant. The
22        recipient  shall  notify  the  Department  within 10 days
23        after the date upon which performance ceases.
24        (d)  Any money collected from the default or  termination
25    of a grant shall be placed into the Fund and expended for the
26    purposes of this Act.

27        Section  65.   State  agriculture  planning  agency.  The
28    Department is the State  agriculture  planning  agency.   The
29    Department  may  accept  and  use  planning  grants  or other
30    financial assistance from  the  federal  government  (i)  for
31    statewide comprehensive planning work, including research and
32    coordination  activity directly related to agriculture needs;
33    and (ii) for State and interstate comprehensive planning  and
 
                            -17-             LRB9201840MWsbam
 1    research  and coordination activity related to that planning.
 2    All such grants shall be subject to the terms and  conditions
 3    prescribed by the federal government.

 4        Section 70.  Construction.  This Act is necessary for the
 5    welfare  of  this  State  and  must be liberally construed to
 6    effect its purposes.

 7        Section  800.   The  Open  Meetings  Act  is  amended  by
 8    changing Section 1.02 as follows:

 9        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
10        Sec. 1.02.  For the purposes of this Act:
11        "Meeting" means any gathering of a majority of  a  quorum
12    of  the  members  of  a  public  body held for the purpose of
13    discussing public business.
14        "Public  body"  includes  all   legislative,   executive,
15    administrative  or  advisory  bodies  of the State, counties,
16    townships,  cities,  villages,  incorporated  towns,   school
17    districts  and  all  other  municipal  corporations,  boards,
18    bureaus,  committees  or  commissions  of this State, and any
19    subsidiary bodies of any of the foregoing including  but  not
20    limited  to  committees and subcommittees which are supported
21    in whole or in part by  tax  revenue,  or  which  expend  tax
22    revenue,  except  the  General  Assembly  and  committees  or
23    commissions  thereof.   "Public body" includes tourism boards
24    and convention or civic center  boards  located  in  counties
25    that are contiguous to the Mississippi River with populations
26    of  more  than  250,000 but less than 300,000.  "Public body"
27    includes the Health Facilities Planning Board. "Public  body"
28    includes  the  Infrastructure  Development Advisory Board for
29    Agriculture. "Public body" does not  include  a  child  death
30    review team established under the Child Death Review Team Act
31    or   an   ethics  commission,  ethics  officer,  or  ultimate
 
                            -18-             LRB9201840MWsbam
 1    jurisdictional authority acting under the State Gift Ban  Act
 2    as provided by Section 80 of that Act.
 3    (Source:  P.A.  90-517,  eff.  8-22-97;  90-737, eff. 1-1-99;
 4    91-782, eff. 6-9-00.)

 5        Section 805.  The State Finance Act is amended by  adding
 6    Section 5.545 as follows:

 7        (30 ILCS 105/5.545 new)
 8        Sec.  5.545.  The Agricultural Infrastructure Development
 9    Fund.

10        (20 ILCS 205/40.43 rep.)
11        Section 810.  The Department of Agriculture  Law  of  the
12    Civil Administrative Code of Illinois is amended by repealing
13    Section 40.43 as added by Public Act 91-560.

14        Section  999.  Effective date. This Act takes effect upon
15    becoming law.".

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