State of Illinois
92nd General Assembly
Legislation

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92_SJ0050

 
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 1                       SENATE JOINT RESOLUTION

 2        WHEREAS, The bounty of  agriculture  from  the  State  of
 3    Illinois  is  a  primary  source  of  high-quality foods that
 4    nourish the people of the world, and the  global  consumption
 5    of  the  produce of Illinois' agriculture is expected to grow
 6    at least three percent annually for the next two decades; and

 7        WHEREAS, The markets for Illinois' agricultural  products
 8    are  increasingly  global  and complex, and Illinois farmers,
 9    marketers, suppliers, and food, feed, fiber, and medical  and
10    industrial  raw material processors have a need to take steps
11    to protect the viability  of  their  operations  against  the
12    vagaries  of  the  global  agricultural  market  while taking
13    advantage of value-added opportunities; and

14        WHEREAS, In recent years, Illinois'  farmers,  marketers,
15    suppliers,  and food, feed, fiber, and medical and industrial
16    raw material processors have responded to  the  uncertainties
17    and complexities of global markets by entering into contracts
18    to   stabilize   production,   delivery,   and   pricing   of
19    agricultural products; and

20        WHEREAS,  Illinois' agricultural economy has a need for a
21    consistent framework for these contracts,  so  as  to  ensure
22    that   efforts   to   reduce   the  uncertainties  of  global
23    agricultural markets that face Illinois' farmers,  marketers,
24    suppliers,  and food, feed, fiber, and medical and industrial
25    raw material processors is done within a  framework  that  is
26    fair  to  farmers  and  processors;  that  improves Illinois'
27    competitive advantage in retaining and attracting agriculture
28    and agriculture-related businesses; and  that  increases  the
29    competitive  advantage  of Illinois' agricultural products in
30    the growing global markets; and

31        WHEREAS, Illinois' lawmakers are challenged to respond to
32    the needs of Illinois' agricultural economy in a manner  that
 
                            -2-                LRB9215634AGmb
 1    is  fair  to  every segment of Illinois' agricultural economy
 2    and that provides the greatest opportunity for  the  economic
 3    viability   and   growth   of  all  components  of  Illinois'
 4    agricultural economy; therefore, be it

 5        RESOLVED BY  THE  SENATE  OF  THE  NINETY-SECOND  GENERAL
 6    ASSEMBLY   OF   THE   STATE   OF   ILLINOIS,   THE  HOUSE  OF
 7    REPRESENTATIVES CONCURRING HEREIN, that the Attorney  General
 8    and  the Director of Agriculture are urged to convene a panel
 9    of interested parties; and be it further

10        RESOLVED, That the panel should  conduct  an  independent
11    review  of  the  guidelines,  rules,  and laws that currently
12    apply  to  the  execution  and  performance  of  agricultural
13    contracts in Illinois, with the purpose of  determining  what
14    protections  are  currently available under State and federal
15    law and of  determining  the  need  for  further  guidelines,
16    rules,  or  laws  to  assure  clarity  and basic fairness for
17    farmers, marketers, suppliers, and  food,  feed,  fiber,  and
18    medical  and industrial raw material processors, that improve
19    Illinois' competitive advantage in retaining  and  attracting
20    agriculture  and  agriculture-related  businesses,  and  that
21    increase  the competitive advantage of Illinois' agricultural
22    products in the growing global markets; and be it further

23        RESOLVED, That the panel should  conduct  an  independent
24    review    of    the   types   of   agricultural   production,
25    production-related,    marketing,    and    marketing-related
26    contracts currently being used in the State of  Illinois,  to
27    determine  the  impact  of  the  different types of available
28    contracts  on  Illinois'  agricultural  economy;  and  be  it
29    further

30        RESOLVED, That the panel should recommend specific  types
31    of  education  to  be  offered  for  all sectors of Illinois'
32    agricultural economy to  promote  the  understanding  of  the
 
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 1    benefits  and  responsibilities of entering into agricultural
 2    marketing,      marketing-related,      production,       and
 3    production-related contracts; and be it further

 4        RESOLVED,  That  the  panel should monitor the use of the
 5    recommended  education   programs   concerning   agricultural
 6    production and marketing contracts; and be it further

 7        RESOLVED,  That  the  panel  should report to the General
 8    Assembly, no later than January 8, 2003, on its findings; and
 9    be it further

10        RESOLVED, That  the  panel  convened  should  be  jointly
11    chaired  by the Attorney General, or his or her designee, and
12    the Director of Agriculture, or  his  or  her  designee,  and
13    should  be  composed  of  representatives  from the following
14    groups: the Chairman of the Senate Agriculture  Committee  or
15    his  or  her  designee; the Chairman of the House Agriculture
16    Committee or his  or  her  designee;  one  individual  farmer
17    nominated  by  the  Director  of  Agriculture; one individual
18    farmer nominated by the Attorney General; one  representative
19    nominated  by  the  Illinois  Farm Bureau; one representative
20    nominated by the Illinois Farmers' Union; one  representative
21    nominated  by  the  Illinois  Corn  Growers' Association; one
22    representative nominated by the Illinois Soybean Association;
23    one  representative  nominated  by  the  Illinois   Specialty
24    Growers'  Association;  one  representative  nominated by the
25    Illinois   Fertilizer   and   Chemical    Association;    one
26    representative nominated by the Grain and Feed Association of
27    Illinois;  one  representative nominated by the Illinois Seed
28    Trade  Association;  one  representative  nominated  by   the
29    Midwest   Food  Processors  Association;  one  representative
30    nominated by the Illinois  Pork  Producers  Association;  one
31    representative  nominated  by  the Illinois Beef Association;
32    one  representative  nominated  by   the   Illinois   Poultry
33    Association;  one  representative  nominated  by the Illinois
 
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 1    Milk Producers Association; and one representative  nominated
 2    by the Illinois Chamber of Commerce; and be it further

 3        RESOLVED,  That  the panel should meet as directed by the
 4    Attorney  General  and  the  Director  of  Agriculture,   and
 5    representatives  shall  serve without compensation; and be it
 6    further

 7        RESOLVED, That due to the technical legal nature  of  the
 8    contractual  law  issues  that will be reviewed by the panel,
 9    the representatives may be  assisted  and  advised  by  legal
10    counsel of their choosing, at their own expense; the presence
11    of  a  representative's  legal  counsel does not entitle that
12    representative to an additional vote in  making  the  panel's
13    recommendations; and be it further

14        RESOLVED,  That  suitable  copies  of  this resolution be
15    delivered  to  the  Attorney  General  and  the  Director  of
16    Agriculture.

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