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92_SJ0050 LRB9215634AGmb 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 -3- LRB9215634AGmb 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 -4- LRB9215634AGmb 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.