Bill Status of HB0264  93rd General Assembly

Short Description:  AGRICULTR-PRODUCER PROTECT ACT

House Sponsors
Rep. Frank J. Mautino - Dave Winters - John A. Fritchey

Senate Sponsors
(Sen. Lawrence M. Walsh - John O. Jones - John M. Sullivan, Dale E. Risinger and Patrick Welch)

Last Action
DateChamber Action
  8/12/2003HousePublic Act . . . . . . . . . 93-0522

Statutes Amended In Order of Appearance
New Act
5 ILCS 140/7from Ch. 116, par. 207


Synopsis As Introduced
Creates the Agriculture Producer Protection Act. Requires agriculture production contracts to contain certain disclosures, meet readability guidelines, and include a summary sheet. Provides that the Director of Agriculture may review an agriculture production contract for compliance with the contract form and content requirements of the Act. Provides that provisions stating that information contained within an agricultural contract is confidential shall not prevent a producer from discussing all contract terms and details with specified persons. Places restrictions on a contractor's unilateral termination of certain contracts. Provides that it is unlawful for any contractor to interfere with the exercise of certain rights granted under the Act and establishes other unfair practices under the Act. Provides that any provision requiring the application of the law of any state other than Illinois, requiring any action to be filed in a state other than Illinois, or waiving a right or obligation under the Act, is void. Provides that the Attorney General shall enforce the Act by actions in the circuit court for equitable and monetary relief, including injunctive relief and criminal and civil fines and penalties. Provides a private cause of action to any producer aggrieved by a violation of the Act and includes as remedies contract reformation and other equitable relief for the purpose of avoiding unjust enrichment. Amends the Freedom of Information Act to exempt production contracts submitted for review to the Director of Agriculture under the Agriculture Producer Protection Act. Provides that the Department of Agriculture must adopt rules implementing the Agriculture Producer Protection Act not later than January 1, 2004 and gives this and the effective date provision an immediate effective date. Provides that the remainder of the Act takes effect on January 1, 2004.

House Committee Amendment No. 1
Deletes reference to:
5 ILCS 140/7
Adds reference to:
810 ILCS 5/104b new

Deletes everything. Creates the Agricultural Production Contract Code. Sets forth requirements for the format of agricultural production contracts. Provides that communications with certain family members and professional persons shall not be considered a breach of any confidentiality clause contained in agricultural production contracts. Provides that a contractor may not unilaterally terminate an agricultural production contract unless (i) the producer breaches a material term of the contract or voluntarily abandons the contractual relationship or (ii) a legitimate force majeure occurs. Sets forth the procedures that a contractor must follow to terminate the contract. Provides that the Attorney General is primarily responsible for enforcing the Act. Provides that a person who violates certain provisions concerning contract formatting commits a business offense. Provides that a producer may recover his or her actual damages for a contractor's improper termination or alteration of an agricultural production contract. Provides that a claim that a production contract violates this Act must be raised within 4 years after the date on which the party alleging the violation knew or should have known of the existence of the violation. Provides that if any provisions of the Agricultural Production Contract Code conflict with the Uniform Commercial Code, then the provisions of the Agricultural Production Contract Code shall control. Amends the Uniform Commercial Code. Provides that the Uniform Commercial Code is subject to the provisions of the Agricultural Production Contract Code. Effective January 1, 2005.

Actions 
DateChamber Action
  1/23/2003HouseFiled with the Clerk by Rep. Frank J. Mautino
  1/23/2003HouseFirst Reading
  1/23/2003HouseReferred to Rules Committee
  1/29/2003HouseAssigned to Judiciary I - Civil Law Committee
  2/27/2003HouseAdded Chief Co-Sponsor Rep. Dave Winters
  2/27/2003HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  2/28/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/28/2003HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/28/2003HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 018-000-000
  2/28/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/5/2003HouseSecond Reading - Short Debate
  3/5/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/18/2003HouseThird Reading - Short Debate - Passed 115-000-000
  3/18/2003SenateArrive in Senate
  3/18/2003SenatePlaced on Calendar Order of First Reading March 19, 2003
  3/18/2003SenateChief Senate Sponsor Sen. John O. Jones
  3/19/2003SenateFirst Reading
  3/19/2003SenateReferred to Rules
  3/20/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Lawrence M. Walsh
  3/20/2003SenateSponsor Removed Sen. Lawrence M. Walsh
  4/9/2003SenateAlternate Chief Sponsor Changed to Sen. Lawrence M. Walsh
  4/9/2003SenateAdded as Alternate Chief Co-Sponsor Sen. John O. Jones
  4/16/2003SenateAssigned to Agriculture & Conservation
  4/30/2003SenateDo Pass Agriculture & Conservation; 008-000-000
  4/30/2003SenatePlaced on Calendar Order of 2nd Reading May 1, 2003
  5/2/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Lawrence M. Walsh
  5/2/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 1 Rules Refers to Agriculture & Conservation
  5/8/2003SenateSenate Floor Amendment No. 1 Postponed - Agriculture & Conservation
  5/8/2003SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  5/15/2003SenateSecond Reading
  5/15/2003SenatePlaced on Calendar Order of 3rd Reading May 16, 2003
  5/16/2003SenateAdded as Alternate Co-Sponsor Sen. Patrick Welch
  5/16/2003SenateThird Reading - Passed; 059-000-000
  5/16/2003SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/16/2003HousePassed Both Houses
  5/22/2003SenateAdded as Alternate Chief Co-Sponsor Sen. John M. Sullivan
  6/13/2003HouseSent to the Governor
  8/12/2003HouseGovernor Approved
  8/12/2003HouseEffective Date January 1, 2005
  8/12/2003HousePublic Act . . . . . . . . . 93-0522