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91_HB2992ham001 LRB9109837JMmbam06 1 AMENDMENT TO HOUSE BILL 2992 2 AMENDMENT NO. . Amend House Bill 2992 by replacing 3 the title with the following: 4 "AN ACT creating a Food Animal Institute."; 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 Food Animal Institute Act. 9 Section 5. Definitions. As used in this Act: 10 "Board" means the governing board of the Food Animal 11 Institute. 12 "Institute" means the Food Animal Institute. 13 "Food animal" includes, but is not limited to, beef 14 cattle, swine, sheep, dairy cattle, turkeys, chickens, and 15 aquaculture products. 16 "Allied agribusiness" means any related agribusiness, 17 such as the feed industry, financial institutions, the food 18 animal or food animal processing industry, farm equipment or 19 implement dealers or manufacturers, crop production, 20 pharmaceuticals, or nutraceuticals. 21 "Non-agribusiness" means conservation groups, dieticians, -2- LRB9109837JMmbam06 1 food processors, consumers, and animal health and well-being 2 groups. 3 Section 10. Institute established; purpose. The Food 4 Animal Institute is established to review and encourage 5 research through peer review, to publish and disseminate 6 unbiased information about all aspects of the food animal 7 industry, anticipating issues with a vision for the future of 8 Illinois agriculture, and to maintain comprehensive 9 information systems for the improvement and enhancement of 10 all aspects of the food animal industry, all for the benefit 11 of the public, the General Assembly, the Governor's Office, 12 and other State and local government agencies. The Institute 13 must fulfill its purposes with unbiased integrity. 14 Section 15. Governing board. The Institute is governed 15 by a board of 15 voting members appointed by the Governor who 16 will ensure unbiased information. Five of the Governor's 17 appointees must represent food animal production. Five of 18 the Governor's appointees must represent allied agribusiness 19 aspects of the food animal industry. Five of the Governor's 20 appointees must represent other, non-agribusiness aspects of 21 the food animal industry. 22 The board must also include, as non-voting members, the 23 dean or department chairperson or his or her designated 24 representative of the following institutions: the University 25 of Illinois College of ACES, the University of Illinois 26 College of Veterinary Medicine, Southern Illinois University 27 College of Agriculture, Western Illinois University 28 Agriculture Department, and Illinois State University 29 Agriculture Department. 30 Section 20. Appointment; terms. Initial appointees to 31 the board serve the following terms as designated by the -3- LRB9109837JMmbam06 1 Governor: 5 for a term of one year; 5 for a term of 2 years; 2 and 5 for a term of 3 years. Subsequent appointees serve 3 terms of 3 years. A vacancy is filled by appointment for the 4 remainder of the unexpired term. Members may be reappointed 5 to the board. If the Governor fails to appoint a member or 6 to fill a vacancy within 90 days after a member's term 7 expires or a vacancy occurs, the remaining board members must 8 make the appointment by majority vote. A member appointed to 9 fill a vacancy shall serve for the remainder of the unexpired 10 term or until their successor is qualified. 11 Section 25. Operation of the board. 12 (a) Upon appointment of the board's initial members, the 13 Director of Agriculture shall convene the first meeting of 14 the board for the purpose of selecting a chairperson and 15 considering other matters of business of the Institute. The 16 board annually thereafter, in January or the first meeting of 17 each year, must select a chairperson from among its number. 18 Chairpersons may be re-elected but shall not serve more than 19 3 consecutive years. The board meets at the call of the 20 chair. A quorum is necessary for action by the board; 8 21 voting members of the board constitute a quorum, unless a 22 vacancy exists among the board's voting members. If a vacancy 23 exists, then a quorum of the board shall consist of a simple 24 majority of the voting members. Members of the board may 25 receive no compensation but must be reimbursed for expenses 26 incurred in the actual performance of their duties. 27 (b) The board: 28 (1) may have and use a common seal and alter the 29 seal at its discretion; 30 (2) may adopt all necessary resolutions, protocols, 31 and by-laws; 32 (3) may enter into agreements with and accept funds 33 from State or federal agencies, trade associations, -4- LRB9109837JMmbam06 1 industry organizations, universities and their sub-units, 2 foundations, and other not-for-profit and private 3 industries to carry out the purposes of the Institute; 4 (4) may establish reserve funds and accounts that 5 may be necessary or desirable to accomplish the purposes 6 of the Institute; and 7 (5) shall have and exercise all powers and be 8 subject to all duties commonly incident to boards of 9 directors. 10 Section 30. Institute expenses. Operating staff and 11 expenses of the Institute shall be provided from 12 appropriations made by the General Assembly for those 13 purposes. The board shall have the authority to pay 14 administrative expenses including salary, wages, and fringe 15 benefits; operation and maintenance expenses, travel, supply, 16 and printing expenses, rental and rental related expenses, 17 and costs of capital purchases and improvements; contract and 18 contractual expenses; and other expenses deemed appropriate 19 by the board. The board is authorized to establish a fee 20 structure and charge fees for publications and duplicating 21 expenses. Revenue from those fees shall be deposited into the 22 Food Animal Institute Fund. No charges or fees may be 23 authorized or charged to members of the General Assembly or 24 the Governor's Office. 25 Section 35. Report. The Institute must report annually 26 on January 1 to the Governor, the Clerk of the House of 27 Representatives, and the Secretary of the Senate upon the 28 Institute's activities in the preceding 12 months. The report 29 shall be a public record open for inspection at the office of 30 the Institute and, among other matters, shall include an 31 assessment of the current state of the food animal industry 32 in Illinois and recommendations for new initiatives and -5- LRB9109837JMmbam06 1 efforts to further enhance and best position the food animal 2 industry in Illinois. 3 Section 40. Food Animal Institute Fund. The Food Animal 4 Institute Fund is created as a special fund in the State 5 treasury. Grants, State appropriations, fees, and other 6 moneys obtained by the Food Animal Institute from 7 governmental entities, private sources, foundations, trade 8 associations, industry organizations, and not-for-profit 9 organizations for use in furthering the purposes of the 10 Institute may be deposited into the Fund. Moneys in the Fund 11 may be used by the Institute, subject to appropriation, for 12 undertaking projects, programs, and other activities and for 13 the operating and other expenses of the Institute as it 14 fulfills its duties and responsibilities. 15 Section 45. Use of funds. The Institute, from the funds 16 appropriated to it, shall: (i) collect and disseminate 17 research data, results, or conclusions and disseminate it to 18 the public, the General Assembly, State agencies, and others 19 who request it; (ii) provide unbiased analysis of research 20 findings, including economic impacts on the State and the 21 food animal industry; (iii) provide, where needed, for peer 22 review of research and research proposals for scientific 23 merit, objectives, methods, and procedures; (iv) coordinate 24 its activities with public research and education programs; 25 and (v) initiate other activities that are reasonable and 26 necessary to fulfill the responsibilities of the Institute 27 under this Act. 28 Section 95. The State Finance Act is amended by adding 29 Section 5.541 as follows: 30 (30 ILCS 105/5.541 new) -6- LRB9109837JMmbam06 1 Sec. 5.541. The Food Animal Institute Fund. 2 Section 99. Effective date. This act takes effect upon 3 becoming law.".