Sen. Jacqueline Y. Collins
Filed: 4/24/2009
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1 | AMENDMENT TO HOUSE BILL 3990
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2 | AMENDMENT NO. ______. Amend House Bill 3990 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 | ||||||
5 | "Local Food, Farms, and Jobs Act". | ||||||
6 | Section 5. Definitions. | ||||||
7 | "Local farm or food products" are products grown, | ||||||
8 | processed, packaged, and distributed by Illinois citizens or | ||||||
9 | businesses located wholly within the borders of Illinois. | ||||||
10 | Section 10. Procurement goals for local farm or food | ||||||
11 | products. | ||||||
12 | (a) In order to create, strengthen, and expand local farm | ||||||
13 | and food economies throughout Illinois, it shall be the goal of | ||||||
14 | this State that 20% of all food and food products purchased by | ||||||
15 | State agencies and State-owned facilities, including, without |
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1 | limitation, facilities for persons with mental health and | ||||||
2 | developmental disabilities, correctional facilities, and | ||||||
3 | public universities, shall, by 2020, be local farm or food | ||||||
4 | products.
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5 | (b) The Local Food, Farms, and Jobs Council established | ||||||
6 | under this Act shall support and encourage that 10% of food and | ||||||
7 | food products purchased by entities funded in part or in whole | ||||||
8 | by State dollars, which spend more than $25,000 per year on | ||||||
9 | food or food products for its students, residents, or clients, | ||||||
10 | including, without limitation, public schools, child care | ||||||
11 | facilities, after-school programs, and hospitals, shall, by | ||||||
12 | 2020, be local farm or food products.
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13 | (c) To meet the goals set forth in this Section, when a | ||||||
14 | State contract for purchase of food or food products is to be | ||||||
15 | awarded to the lowest responsible bidder, an otherwise | ||||||
16 | qualified bidder who will fulfill the contract through the use | ||||||
17 | of local farm or food products may be given preference over | ||||||
18 | other bidders, provided that the cost included in the bid of | ||||||
19 | local farm or food products is not more than 10% greater than | ||||||
20 | the cost included in a bid that is not for local farm or food | ||||||
21 | products.
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22 | (d) All State agencies and State-owned facilities that | ||||||
23 | purchase food and food products shall, with the assistance of | ||||||
24 | the Local Food, Farms, and Jobs Council, develop a system for | ||||||
25 | (i) identifying the percentage of local farm or food products | ||||||
26 | purchased for fiscal year 2011 as the baseline; and (ii) |
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1 | tracking and reporting local farm or food products purchases on | ||||||
2 | an annual basis.
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3 | Section 15. Creation of the Local Food, Farms, and Jobs | ||||||
4 | Council. | ||||||
5 | (a) The General Assembly authorizes the Department of | ||||||
6 | Agriculture, in accordance with Section 10 of the State Agency | ||||||
7 | Entity Creation Act, to create the Local Food, Farms, and Jobs | ||||||
8 | Council.
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9 | (b) The purpose of the Local Food, Farms, and Jobs Council | ||||||
10 | shall be to facilitate the growth of an Illinois-based local | ||||||
11 | farm and food product economy that revitalizes rural and urban | ||||||
12 | communities, promotes healthy eating with access to fresh | ||||||
13 | foods, creates jobs, ensures a readily available supply of safe | ||||||
14 | food in an emergency event, and supports economic growth | ||||||
15 | through making local farm or food products available to all | ||||||
16 | Illinois citizens. | ||||||
17 | Section 20. Responsibilities of the Local Food, Farms, and | ||||||
18 | Jobs Council. The responsibilities of the Local Food, Farms, | ||||||
19 | and Jobs Council include, but are not limited to, the | ||||||
20 | following: | ||||||
21 | (a) To assist State agencies, State-owned facilities, and | ||||||
22 | other entities with the purchase of local farm or food products | ||||||
23 | and with tracking and reporting of such purchases in order to | ||||||
24 | meet the goals established in Section 10 of this Act.
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1 | (b) To assist local farm and food entrepreneurs to identify | ||||||
2 | and secure necessary resources and equipment to begin, | ||||||
3 | maintain, and expand projects and networks necessary for the | ||||||
4 | development of local farm or food products; provided, however, | ||||||
5 | that it is the intent of this Act that the Local Food, Farms, | ||||||
6 | and Jobs Council will facilitate program start-ups and then | ||||||
7 | relinquish rights, benefits, and control within a reasonably | ||||||
8 | short duration of time.
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9 | (c) To facilitate the building of infrastructure, | ||||||
10 | including aggregation, processing, storage, packaging, and | ||||||
11 | distribution facilities necessary to move local farm or food | ||||||
12 | products to local and other markets.
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13 | (d) To support and expand programs that recruit, train, and | ||||||
14 | provide technical assistance to Illinois farmers and residents | ||||||
15 | in order to encourage the production of local farm or food | ||||||
16 | products.
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17 | (e) To coordinate interagency policies, initiatives, and | ||||||
18 | procedures promoting local farm and food products in Illinois | ||||||
19 | communities, by working with and involving State, federal, and | ||||||
20 | local agencies, as well as community based organizations, | ||||||
21 | educational institutions, and trade organizations in executing | ||||||
22 | the purposes of this Act.
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23 | (f) To facilitate the elimination of legal barriers | ||||||
24 | hindering the development of a local farm and food economy by | ||||||
25 | working with federal, State, and local public health agencies, | ||||||
26 | other agencies and applicable entities, and the Illinois |
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1 | Attorney General to create consistent and compatible | ||||||
2 | regulations for the production, storage, distribution, and | ||||||
3 | marketing of local farm or food products.
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4 | (g) To facilitate the use of public lands for growing local | ||||||
5 | farm or food products by working with governmental entities at | ||||||
6 | the local, State, and federal levels.
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7 | (h) To set annual goals for all purchases of local farm or | ||||||
8 | food products by Illinois residents and to monitor the | ||||||
9 | development and expansion of a local farm and food economy | ||||||
10 | through data collection, tracking, measurement, analysis, and | ||||||
11 | reporting on progress made in an annual report to the Illinois | ||||||
12 | General Assembly.
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13 | (i) To develop, in collaboration with the Department of | ||||||
14 | Agriculture, a label and certification program different than | ||||||
15 | the "Illinois Product" label program, whereby a label with a | ||||||
16 | specific name and unique design or logo may be placed on local | ||||||
17 | farm and food products. | ||||||
18 | (j) To initiate and facilitate public awareness campaigns | ||||||
19 | about the economic benefits of a local farm and food economy.
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20 | Section 25. Governance of the Local Food, Farms, and Jobs | ||||||
21 | Council. | ||||||
22 | (a) The Local Food, Farms, and Jobs Council shall be | ||||||
23 | governed by a 35-member board of directors, which shall be | ||||||
24 | comprised of the following:
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25 | (1) one representative each from the Department of |
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1 | Agriculture; the Department of Commerce and Economic | ||||||
2 | Opportunity; the Department of Public Health; the | ||||||
3 | Department of Human Services, Office of Health and | ||||||
4 | Prevention; the Department of Human Services, Office of | ||||||
5 | Security and Emergency Preparedness;
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6 | (2) the Director of the Lieutenant Governor's Rural | ||||||
7 | Affairs Council;
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8 | (3) one agricultural specialist from the University of | ||||||
9 | Illinois Extension;
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10 | (4) four local farm or food product farmers | ||||||
11 | representing different agribusiness sectors, including, | ||||||
12 | but not limited to, the dairy, meat, vegetable, and grain | ||||||
13 | sectors;
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14 | (5) four local farm or food product producers | ||||||
15 | representing different flower, fruit, viticulture, | ||||||
16 | aquaculture, forestry, seeds, fiber, vegetable, | ||||||
17 | ornamental, or other specialty crop sectors;
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18 | (6) two local farm or food product processors;
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19 | (7) two local farm or food product distributors;
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20 | (8) three representatives of not-for-profit | ||||||
21 | educational organizations that specialize in supporting | ||||||
22 | and expanding local farm or food product networks;
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23 | (9) one certifier of specialty local farm or food | ||||||
24 | products, such as an organic, naturally grown, biodynamic, | ||||||
25 | Halal, or Kosher certifier;
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26 | (10) one local farm or food product consumer |
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1 | representative;
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2 | (11) two representatives of farm organizations;
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3 | (12) one representative from a philanthropic | ||||||
4 | organization supporting the development of local farm or | ||||||
5 | food products;
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6 | (13) one local farm or food product retailer;
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7 | (14) two municipal representatives from different | ||||||
8 | communities in the State actively engaged in the | ||||||
9 | development of local farm or food products;
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10 | (15) four representatives from community-based | ||||||
11 | organizations focusing on access to local farm or food | ||||||
12 | products, including at least 3 minority members; and
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13 | (16) one chef specializing in the preparation of | ||||||
14 | locally grown foods.
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15 | (b) The 29 non-state governmental board members shall be | ||||||
16 | appointed by the Governor to 3-year staggered terms as | ||||||
17 | determined by the Governor. Persons may be nominated by | ||||||
18 | organizations representing the sectors outlined in subsection | ||||||
19 | (a) of this Section. Vacancies shall be filled by the Governor.
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20 | (c) The Local Food, Farms, and Jobs Council may apply for | ||||||
21 | and establish a not for profit corporation under the General | ||||||
22 | Not For Profit Corporation Act of 1986. | ||||||
23 | (d) The board of directors shall have all the rights, | ||||||
24 | titles, powers, privileges, and obligations provided for in the | ||||||
25 | General Not For Profit Corporation Act of 1986. It shall elect | ||||||
26 | its presiding officers from among its members and may elect or |
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1 | appoint an executive committee, other committees, and | ||||||
2 | subcommittees to conduct the business of the organization.
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3 | (e) The Local Food, Farms, and Jobs Council may solicit | ||||||
4 | grants, loans, and contributions from public or private sources | ||||||
5 | and may enter into any contracts, grants, loans, or agreements | ||||||
6 | with respect to the use of such funds to execute the purposes | ||||||
7 | of this Act. No debt or obligation of the Local Food, Farms, | ||||||
8 | and Jobs Council shall become the debt or obligation of the | ||||||
9 | State. | ||||||
10 | (f) The Local Food, Farms, and Jobs Council shall not be | ||||||
11 | considered a State Agency, and its funds shall be considered | ||||||
12 | private funds and held in an appropriate account outside of the | ||||||
13 | State Treasury. Private funds collected by the Local Food, | ||||||
14 | Farms, and Jobs Council are not subject to the Public Funds | ||||||
15 | Investment Act. Local Food, Farms, and Jobs Council procurement | ||||||
16 | is exempt from the Illinois Procurement Code. The treasurer of | ||||||
17 | Local Food, Farms, and Jobs Council funds shall be custodian of | ||||||
18 | all Local Food, Farms, and Jobs Council funds. The Local Food, | ||||||
19 | Farms, and Jobs Council and its officers shall be responsible | ||||||
20 | for the approval of recording of receipts, approval of | ||||||
21 | payments, and the proper filing of required reports. The Local | ||||||
22 | Food, Farms, and Jobs Council's records shall be audited | ||||||
23 | annually by an independent auditor who is a certified public | ||||||
24 | accountant and has been selected by the Board. An annual report | ||||||
25 | shall also be compiled by the Board. Both the annual report and | ||||||
26 | the annual audit shall be filed with any public agency |
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1 | providing funds to the Local Food, Farms, and Jobs Council and | ||||||
2 | be made available to the public. | ||||||
3 | (g) Subject to the availability of public or private funds, | ||||||
4 | the board of directors may employ an executive director, | ||||||
5 | treasurer, other staff, or independent contractors necessary | ||||||
6 | to execute the purposes of this Act, and it may fix the | ||||||
7 | compensation, benefits, terms, and conditions of those | ||||||
8 | persons' employment. | ||||||
9 | (h) The State Governmental agencies represented on the | ||||||
10 | board of directors may re-direct existing staff, as | ||||||
11 | appropriations permit; assist in executing the purposes of this | ||||||
12 | Act; and provide office space, meeting space, and other | ||||||
13 | research and communication services as appropriate. | ||||||
14 | (i) The Local Food, Farms, and Jobs Council may be assisted | ||||||
15 | in carrying out its functions by personnel of the Department of | ||||||
16 | Agriculture. The Department shall provide reasonable | ||||||
17 | assistance to the Local Food, Farms, and Jobs Council to help | ||||||
18 | it achieve its purposes.
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19 | Section 80. The Department of Agriculture Law of the Civil | ||||||
20 | Administrative
Code of Illinois is amended by changing Section | ||||||
21 | 205-45 and adding Section 205-46 as follows:
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22 | (20 ILCS 205/205-45) (was 20 ILCS 205/40.36)
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23 | Sec. 205-45. "Illinois Product" label program. The | ||||||
24 | Department has the
power to administer the "Illinois Product" |
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1 | label
program, whereby a label with the
words "Illinois | ||||||
2 | Product" on it may be placed on food
and agribusiness | ||||||
3 | commodities produced, processed,
or packaged in Illinois. The | ||||||
4 | definition of "Illinois Product" does not imply that the | ||||||
5 | product meets the definition of "local farm or food products" | ||||||
6 | as defined in the Local Food, Farms, and Jobs Act.
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7 | (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97; | ||||||
8 | 91-239, eff.
1-1-00.)
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9 | (20 ILCS 205/205-46 new)
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10 | Sec. 205-46. Local Food, Farms, and Jobs Act labeling and | ||||||
11 | certification program. The Department may administer a label | ||||||
12 | and certification program, different than the "Illinois | ||||||
13 | Product" label program, whereby a label with a specific name | ||||||
14 | and unique design or logo may be placed on local farm and food | ||||||
15 | products that are grown, processed, packaged, and distributed | ||||||
16 | by Illinois citizens or businesses located wholly within the | ||||||
17 | borders of Illinois. The label and certification program will | ||||||
18 | be developed jointly with the Local Food, Farms, and Jobs | ||||||
19 | Council. The Department shall adopt rules necessary to | ||||||
20 | implement this Section.
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21 | Section 97. Severability. The provisions of this Act are | ||||||
22 | severable under Section 1.31 of the Statute on Statutes.". | ||||||
23 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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