093_HB3036eng HB3036 Engrossed LRB093 07159 JAM 07314 b 1 AN ACT concerning food animals. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Food Animal Institute Act. 6 Section 5. Definitions. As used in this Act: 7 "Board" means the governing board of the Food Animal 8 Institute. 9 "Institute" means the Food Animal Institute. 10 "Food animal" includes, but is not limited to, beef 11 cattle, swine, sheep, dairy cattle, turkeys, chickens, and 12 aquaculture products. 13 "Allied agribusiness" means any related agribusiness, 14 such as the feed industry, financial institutions, the food 15 animal or food animal processing industry, farm equipment or 16 implement dealers or manufacturers, crop production, 17 pharmaceuticals, or nutraceuticals. 18 "Non-agribusiness" means conservation groups, dieticians, 19 food processors, consumers, and animal health and well-being 20 groups. 21 Section 10. Institute established; purpose. The Food 22 Animal Institute is established to review and encourage 23 research through peer review, to publish and disseminate 24 unbiased information about all aspects of the food animal 25 industry, anticipating issues with a vision for the future of 26 Illinois agriculture, and to maintain comprehensive 27 information systems for the improvement and enhancement of 28 all aspects of the food animal industry, all for the benefit 29 of the public, the General Assembly, the Governor's Office, 30 and other State and local government agencies. The Institute HB3036 Engrossed -2- LRB093 07159 JAM 07314 b 1 must fulfill its purposes with unbiased integrity. 2 Section 15. Governing board. The Institute is governed 3 by a board of 15 voting members who are appointed by the 4 Governor and who must ensure unbiased information. Five of 5 the Governor's appointees must represent food animal 6 production. Five of the Governor's appointees must represent 7 allied agribusiness aspects of the food animal industry. 8 Five of the Governor's appointees must represent other, 9 non-agribusiness aspects of the food animal industry. 10 The board must also include, as non-voting members, the 11 dean or department chairperson or his or her designated 12 representative of the following institutions: the University 13 of Illinois College of ACES, the University of Illinois 14 College of Veterinary Medicine, Southern Illinois University 15 College of Agriculture, Western Illinois University 16 Agriculture Department, and Illinois State University 17 Agriculture Department. 18 Section 20. Appointment; terms. Initial appointees to 19 the board serve the following terms as designated by the 20 Governor: 5 for a term of one year; 5 for a term of 2 years; 21 and 5 for a term of 3 years. Subsequent appointees serve 22 terms of 3 years. A vacancy is filled by appointment for the 23 remainder of the unexpired term. Members may be reappointed 24 to the board. If the Governor fails to appoint a member or 25 to fill a vacancy within 90 days after a member's term 26 expires or a vacancy occurs, the remaining board members must 27 make the appointment by majority vote. A member appointed to 28 fill a vacancy shall serve for the remainder of the unexpired 29 term or until a successor is qualified. 30 Section 25. Operation of the board. 31 (a) Upon appointment of the board's initial members, the HB3036 Engrossed -3- LRB093 07159 JAM 07314 b 1 Director of Agriculture shall convene the first meeting of 2 the board for the purpose of selecting a chairperson and 3 considering other matters of business of the Institute. The 4 board annually thereafter, in January or the first meeting of 5 each year, must select a chairperson from among its number. 6 A chairperson may be re-elected but may not serve more than 3 7 consecutive years. The board meets at the call of the chair. 8 A quorum is necessary for action by the board; 8 voting 9 members of the board constitute a quorum, unless a vacancy 10 exists among the board's voting members. If a vacancy exists, 11 then a quorum of the board consists of a simple majority of 12 the voting members. Members of the board may receive no 13 compensation but must be reimbursed for expenses incurred in 14 the actual performance of their duties. 15 (b) The board: 16 (1) may have and use a common seal and alter the 17 seal at its discretion; 18 (2) may adopt all necessary resolutions, protocols, 19 and by-laws; 20 (3) may enter into agreements with and accept funds 21 from State or federal agencies, trade associations, 22 industry organizations, universities and their sub-units, 23 foundations, and other not-for-profit and private 24 industries to carry out the purposes of the Institute; 25 (4) may establish reserve funds and accounts that 26 may be necessary or desirable to accomplish the purposes 27 of the Institute; and 28 (5) has and may exercise all powers and is subject 29 to all duties commonly incident to boards of directors. 30 Section 30. Institute expenses. Operating staff and 31 expenses of the Institute shall be provided from 32 appropriations made by the General Assembly for those 33 purposes. The board has the authority to pay administrative HB3036 Engrossed -4- LRB093 07159 JAM 07314 b 1 expenses including salary, wages, and fringe benefits; 2 operation and maintenance expenses, travel, supply, and 3 printing expenses, rental and rental related expenses, and 4 costs of capital purchases and improvements; contract and 5 contractual expenses; and other expenses deemed appropriate 6 by the board. The board is authorized to establish a fee 7 structure and charge fees for publications and duplicating 8 expenses. Revenue from those fees must be deposited into the 9 Food Animal Institute Fund. No charges or fees may be 10 authorized or charged to members of the General Assembly or 11 the Governor's Office. 12 Section 35. Report. The Institute must report annually 13 on January 1 to the Governor, the Clerk of the House of 14 Representatives, and the Secretary of the Senate upon the 15 Institute's activities in the preceding 12 months. The report 16 is a public record open for inspection at the office of the 17 Institute and, among other matters, must include an 18 assessment of the current state of the food animal industry 19 in Illinois and recommendations for new initiatives and 20 efforts to further enhance and best position the food animal 21 industry in Illinois. 22 Section 40. Food Animal Institute Fund. The Food Animal 23 Institute Fund is created as a special fund in the State 24 treasury. Grants, State appropriations, fees, and other 25 moneys obtained by the Food Animal Institute from 26 governmental entities, private sources, foundations, trade 27 associations, industry organizations, and not-for-profit 28 organizations for use in furthering the purposes of the 29 Institute may be deposited into the Fund. Moneys in the Fund 30 may be used by the Institute, subject to appropriation, for 31 undertaking projects, programs, and other activities and for 32 the operating and other expenses of the Institute as it HB3036 Engrossed -5- LRB093 07159 JAM 07314 b 1 fulfills its duties and responsibilities. 2 Section 45. Use of funds. The Institute, from the funds 3 appropriated to it, shall: (i) collect and disseminate 4 research data, results, or conclusions and disseminate it to 5 the public, the General Assembly, State agencies, and others 6 who request it; (ii) provide unbiased analysis of research 7 findings, including economic impacts on the State and the 8 food animal industry; (iii) provide, if needed, for peer 9 review of research and research proposals for scientific 10 merit, objectives, methods, and procedures; (iv) coordinate 11 its activities with public research and education programs; 12 and (v) initiate other activities that are reasonable and 13 necessary to fulfill the responsibilities of the Institute 14 under this Act. 15 Section 95. The State Finance Act is amended by adding 16 Section 5.595 as follows: 17 (30 ILCS 105/5.595 new) 18 Sec. 5.595. The Food Animal Institute Fund. 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.