Rep. Sonya M. Harper
Filed: 2/3/2022
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1 | AMENDMENT TO HOUSE BILL 3501
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2 | AMENDMENT NO. ______. Amend House Bill 3501 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Black | ||||||
5 | Farmer Restoration Program Act. | ||||||
6 | Section 5. Definitions.
As used in this Act:
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7 | "Agricultural easement" means a nonpossessory interest of | ||||||
8 | a holder in real property imposing limitations on the use of | ||||||
9 | the property strictly to agricultural purposes. An | ||||||
10 | agricultural easement does not prevent a property owner from | ||||||
11 | constructing, improving, or maintaining a primary residence or | ||||||
12 | housing for farmworkers on the land. | ||||||
13 | "Director" means the Director of Agriculture. | ||||||
14 | "Department" means the Illinois Department of Agriculture. | ||||||
15 | "Eligible individual" means a resident of this State who: | ||||||
16 | was born in this State; |
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1 | is at least 21 years of age;
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2 | has previously identified as Black or African | ||||||
3 | American; and | ||||||
4 | has at least one parent of African ancestry.
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5 | "Qualified entity" means an organization:
that has a | ||||||
6 | fiscal sponsor who is exempt from taxation pursuant to Section | ||||||
7 | 501(c)(3) of the Internal Revenue Code of 1986;
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8 | that has a minimum of three years of experience | ||||||
9 | providing agricultural services, business assistance, | ||||||
10 | legal assistance, or advocacy services to socially | ||||||
11 | disadvantaged farmers; and | ||||||
12 | in which at least half of the members of the | ||||||
13 | organization's board of directors are Black. | ||||||
14 | "Socially disadvantaged farmer" means a farmer who is a | ||||||
15 | member of a socially disadvantaged group. | ||||||
16 | "Socially disadvantaged group" means a group of people | ||||||
17 | whose members have been subject to racial or ethnic prejudice | ||||||
18 | because of their identity as a member of a group without regard | ||||||
19 | to their individual qualities.
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20 | "Training" means a program of training approved by the | ||||||
21 | Director that: | ||||||
22 | provides an eligible individual with the basic skills | ||||||
23 | to operate a farm profitably with a primary focus on | ||||||
24 | regenerating the soil, ecosystem, and local community; | ||||||
25 | provides a course of study that is equivalent to no | ||||||
26 | less than thirty academic credit hours of study, which may |
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1 | be provided as direct in-field instruction; | ||||||
2 | focuses on low capital-intensive techniques and | ||||||
3 | technologies; and | ||||||
4 | studies local and regional food systems and the market | ||||||
5 | opportunities those systems present. | ||||||
6 | Section 10. Black Farmer Restoration Program. There is | ||||||
7 | hereby created the Black Farmer Restoration Program within the | ||||||
8 | Illinois Department of Agriculture to support current Black | ||||||
9 | farmers and to encourage the growth of Black farmers into the | ||||||
10 | field of agriculture. The Black Farmer Restoration Fund is | ||||||
11 | created as a special fund in the State treasury. The Fund shall | ||||||
12 | consist of gifts, grants and donations, and appropriations | ||||||
13 | which must be made to support the Program. Expenditures from | ||||||
14 | the Fund must be used exclusively to pay costs, fees, and | ||||||
15 | expenses necessary to administer the Program. | ||||||
16 | Section 15. Department and Director responsibilities. | ||||||
17 | (a) The Department shall: | ||||||
18 | (1) purchase, from willing sellers, available | ||||||
19 | agricultural land within this State at a price no greater | ||||||
20 | than fair market value; and | ||||||
21 | (2) convey grants of the purchased land to eligible | ||||||
22 | individuals at no cost to the eligible individual. | ||||||
23 | (b) A land grant to an eligible individual may not exceed | ||||||
24 | one hundred acres. |
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1 | (c) Eligible individuals: | ||||||
2 | (1) An eligible individual seeking a land grant shall | ||||||
3 | submit an application on a form and in a manner approved by | ||||||
4 | the Director that must include a legal description of the | ||||||
5 | eligible agricultural land.
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6 | (2) The Director shall give priority to applications | ||||||
7 | to: | ||||||
8 | (A) socially disadvantaged farmers; | ||||||
9 | (B) eligible individuals with a family history of | ||||||
10 | land dispossession; | ||||||
11 | (C) eligible individuals with experience in | ||||||
12 | agriculture, including experience obtained through the | ||||||
13 | provisions of this article; and | ||||||
14 | (D) eligible individuals who are veterans. | ||||||
15 | (3) The Director may grant an application submitted by | ||||||
16 | a qualified entity on behalf of one or more eligible | ||||||
17 | individuals seeking a land grant. An application submitted | ||||||
18 | by a qualified entity for more than one hundred acres must | ||||||
19 | include a proposal for how the land will be subdivided and | ||||||
20 | separately conveyed to multiple eligible individuals. | ||||||
21 | (d) Granted land. | ||||||
22 | (1) The Director shall attach an agricultural easement | ||||||
23 | to the land before it may be conveyed to the eligible | ||||||
24 | individual or qualified entity. | ||||||
25 | (2) The recipient of the land grant may sell the land | ||||||
26 | but the Department has the right of first refusal to |
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1 | purchase the land at the appraised value of the land to | ||||||
2 | convey to another eligible individual pursuant to the | ||||||
3 | provisions of this article.
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4 | Section 20. Farm Conservation Corps. | ||||||
5 | (a) The Department shall establish the Farm Conservation | ||||||
6 | Corps to provide residents between the ages of 18 and 29 from | ||||||
7 | socially disadvantaged groups the academic, vocational, and | ||||||
8 | social skills necessary to pursue long-term and productive | ||||||
9 | careers in agriculture. | ||||||
10 | (b) The members of the Farm Conservation Corps shall serve | ||||||
11 | as on-farm apprentices, at no cost, to farms with an annual | ||||||
12 | gross farm income of less than $250,000 operated by:
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13 | (1) socially disadvantaged farmers; | ||||||
14 | (2) beginning farmers; or | ||||||
15 | (3) farmers operating certified organic farms. | ||||||
16 | Section 25. Equity Commission. | ||||||
17 | (a) Establishment. | ||||||
18 | (1) Generally. There is established in the Department | ||||||
19 | of Agriculture the Equity Commission, the purposes of | ||||||
20 | which are: | ||||||
21 | (A) to study historical and continuing | ||||||
22 | discrimination by the Department against Black farmers | ||||||
23 | and ranchers that is fostered or perpetuated by the | ||||||
24 | laws, rules, policies, or practices of the Department; |
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1 | and | ||||||
2 | (B) to recommend actions to end the systematic | ||||||
3 | disparities in treatment of Black farmers and | ||||||
4 | ranchers, particularly by the Department. | ||||||
5 | (2) Membership. | ||||||
6 | (A) Composition. The Commission shall be composed | ||||||
7 | of 9 members, to be appointed by the Director, of whom: | ||||||
8 | (i) three shall be Black farmers or ranchers | ||||||
9 | with not less than 10 years of experience in | ||||||
10 | farming or ranching; | ||||||
11 | (ii) three shall be employees or board members | ||||||
12 | of nonprofit organizations that have not less than | ||||||
13 | 7 years of experience providing meaningful | ||||||
14 | agricultural, business assistance, legal | ||||||
15 | assistance, or advocacy services to Black farmers | ||||||
16 | or ranchers; and | ||||||
17 | (iii) three shall be faculty or staff from | ||||||
18 | Chicago State University, the University of | ||||||
19 | Illinois at Urbana-Champaign, or Southern Illinois | ||||||
20 | University. | ||||||
21 | (B) Date. The appointments of the members of the | ||||||
22 | Commission shall be made not later than 90 days after | ||||||
23 | the effective date of this Act. | ||||||
24 | (3) Term; vacancies. | ||||||
25 | (A) Generally. A member of the Commission shall be | ||||||
26 | appointed for the life of the Commission. |
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1 | (B) Vacancies. A vacancy in the Commission:
(i) | ||||||
2 | shall not affect the powers of the Commission; and
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3 | (ii) shall be filled in the same manner as the original | ||||||
4 | appointment. | ||||||
5 | (4) Meetings. | ||||||
6 | (A) Initial meeting. Not later than 30 days after | ||||||
7 | the date on which all members of the Commission have | ||||||
8 | been appointed, the Commission shall hold the first | ||||||
9 | meeting of the Commission. | ||||||
10 | (B) Frequency. The Commission shall meet at the | ||||||
11 | call of the Chairperson. | ||||||
12 | (C) Quorum. A majority of the members of the | ||||||
13 | Commission shall constitute a quorum, but a lesser | ||||||
14 | number of members may hold hearings. | ||||||
15 | (5) Chairperson and Vice Chairperson. The Commission | ||||||
16 | shall select a Chairperson and Vice Chairperson from among | ||||||
17 | the members of the Commission. | ||||||
18 | (b) Duties. | ||||||
19 | (1) Study. The Commission shall study discrimination | ||||||
20 | against Black farmers and ranchers by the Department, | ||||||
21 | including by conducting investigations of the prevalence | ||||||
22 | of discrimination against Black farmers and ranchers in | ||||||
23 | Department offices and programs. | ||||||
24 | (2) Recommendations. The Commission shall develop | ||||||
25 | recommendations for ending the systematic disparities in | ||||||
26 | treatment of Black farmers and ranchers, particularly by |
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1 | the Department. | ||||||
2 | (3) Outreach. In studying the matters under paragraph | ||||||
3 | (1) and developing recommendations under paragraph (2), | ||||||
4 | the Commission shall: | ||||||
5 | (A) consult with the Socially Disadvantaged | ||||||
6 | Farmers and Ranchers Policy Research Center; and | ||||||
7 | (B) hold town hall meetings with socially | ||||||
8 | disadvantaged farmers and ranchers, researchers, and | ||||||
9 | civil rights advocates. | ||||||
10 | (4) Report. On or before January 1, 2024, the | ||||||
11 | Commission shall provide to the Governor and the General | ||||||
12 | Assembly a detailed report that describes: | ||||||
13 | (A) the findings of the study under paragraph (1); | ||||||
14 | and | ||||||
15 | (B) the recommendations developed under paragraph | ||||||
16 | (2). | ||||||
17 | (c) Powers of Commission. | ||||||
18 | (1) Hearings. The Commission shall hold open, | ||||||
19 | televised, and public hearings, during which the | ||||||
20 | Commission may sit and act at such times and places, take | ||||||
21 | such testimony, and receive such evidence as the | ||||||
22 | Commission considers advisable to carry out this section. | ||||||
23 | (2) Information from State agencies. | ||||||
24 | (A) Generally. The Commission may secure directly | ||||||
25 | from a State agency such information as the Commission | ||||||
26 | considers necessary to carry out this Section. |
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1 | (B) Furnishing information. On request of the | ||||||
2 | Chairperson of the Commission, the head of any State | ||||||
3 | agency shall furnish the information to the | ||||||
4 | Commission. | ||||||
5 | (3) Gifts. The Commission may accept, use, and dispose | ||||||
6 | of gifts or donations of services or property. | ||||||
7 | (d) Compensation and expenses; support. | ||||||
8 | (1) Compensation and expenses. Members shall serve | ||||||
9 | without compensation but may be reimbursed for reasonable | ||||||
10 | expenses incurred in the performance of their duties from | ||||||
11 | funds appropriated for that purpose. | ||||||
12 | (2) Support. The Department shall house the Commission | ||||||
13 | and shall provide suitable meeting facilities to the | ||||||
14 | Commission, together with such personnel and | ||||||
15 | administrative assistance as the Commission may require. | ||||||
16 | (e) Repeal. This Section is repealed January 1, 2025. | ||||||
17 | Section 30. Data collection and reporting. | ||||||
18 | (a) Generally. The Director shall make publicly available | ||||||
19 | annual reports describing data on the recipients of the | ||||||
20 | Department, including assistance from farm subsidy programs, | ||||||
21 | and the amounts of the assistance, delineated by the race, | ||||||
22 | ethnicity, and gender of the recipients. | ||||||
23 | (b) Research of socially disadvantaged farmers and | ||||||
24 | ranchers. The Department shall conduct research on the status | ||||||
25 | of socially disadvantaged farmers and ranchers, including, but |
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1 | not limited to: | ||||||
2 | (1) the share of land ownership of those socially | ||||||
3 | disadvantaged farmers and ranchers as compared to all | ||||||
4 | farmers and ranchers, delineated by the race, ethnicity, | ||||||
5 | and gender of the landowners; | ||||||
6 | (2) the share of the amount of assistance those | ||||||
7 | socially disadvantaged farmers and ranchers receive from | ||||||
8 | the Department as compared to all farmers and ranchers, | ||||||
9 | delineated by the race, ethnicity, and gender of the | ||||||
10 | recipients; | ||||||
11 | (3) the share, status, and receipt of loans by | ||||||
12 | socially disadvantaged farmers and ranchers as compared to | ||||||
13 | all farmers and ranchers, delineated by the race, | ||||||
14 | ethnicity, and gender of the recipients; and | ||||||
15 | (4) an assessment of the reasons for disparities in | ||||||
16 | land ownership, assistance from the Department, and loans | ||||||
17 | for socially disadvantaged farmers and ranchers compared | ||||||
18 | to all farmers and ranchers. | ||||||
19 | (c) Research of farmworkers. The Department shall conduct | ||||||
20 | research on the demographics and status of farmworkers, | ||||||
21 | including, but not limited to: | ||||||
22 | (1) the races, ethnicities, ages, localities, wages | ||||||
23 | and benefits, and working conditions of farmworkers; | ||||||
24 | (2) the economic contributions of farmworkers to the | ||||||
25 | Illinois economy; and | ||||||
26 | (3) satisfaction of farmworkers with their employment. |
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1 | (d) Census of agriculture. The Department shall: | ||||||
2 | (1) investigate historical changes in reporting | ||||||
3 | methodology and misreporting of Black farmers and ranchers | ||||||
4 | in the census of agriculture; | ||||||
5 | (2) develop procedures to ensure that census of | ||||||
6 | agriculture surveys accurately capture the status of | ||||||
7 | socially disadvantaged farmers and ranchers engaged in | ||||||
8 | urban agriculture; and | ||||||
9 | (3) conduct, concurrently with each census of | ||||||
10 | agriculture, a review to assess: | ||||||
11 | (A) the outreach and methodologies used in | ||||||
12 | conducting the census of agriculture; and | ||||||
13 | (B) how such outreach and methodologies have | ||||||
14 | affected the counting of socially disadvantaged | ||||||
15 | farmers and ranchers. | ||||||
16 | (e) Corporate ownership of farmland. The Department shall | ||||||
17 | annually conduct, and annually make publicly available reports | ||||||
18 | describing, in-depth research and analysis of corporate | ||||||
19 | (domestic and foreign) land investment and ownership in | ||||||
20 | Illinois, with specific attention given to the impact of | ||||||
21 | corporate land investment and ownership on: | ||||||
22 | (1) land consolidation trends in Illinois and in the | ||||||
23 | United States; | ||||||
24 | (2) challenges and opportunities for new and beginning | ||||||
25 | farmers and ranchers accessing land for farming or | ||||||
26 | ranching; |
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1 | (3) challenges and opportunities for members of | ||||||
2 | socially disadvantaged groups accessing land for farming | ||||||
3 | or ranching; and | ||||||
4 | (4) crop selection and production trends. | ||||||
5 | Section 35. Rulemaking. The Department shall adopt rules | ||||||
6 | to carry out the provisions of this Act.
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7 | Section 90. The State Finance Act is amended by adding | ||||||
8 | Section 5.970 as follows: | ||||||
9 | (30 ILCS 105/5.970 new) | ||||||
10 | Sec. 5.970. The Black Farmer Restoration Fund. | ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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