Illinois General Assembly - Full Text of Public Act 093-0883
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Public Act 093-0883




Public Act 093-0883
HB4769 Enrolled LRB093 18492 RAS 44208 b

    AN ACT concerning food animals.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the David
A. Wirsing Food Animal Institute Act.
    Section 5. Definitions. As used in this Act:
    "Board" means the governing board of the David A. Wirsing
Food Animal Institute.
    "Institute" means the David A. Wirsing Food Animal
    "Food animal" includes, but is not limited to, beef cattle,
swine, sheep, dairy cattle, turkeys, chickens, and aquaculture
    "Allied agribusiness" means any related agribusiness, such
as the feed industry, financial institutions, the food animal
or food animal processing industry, farm equipment or implement
dealers or manufacturers, crop production, pharmaceuticals, or
    "Non-agribusiness" means conservation groups, dieticians,
food processors, consumers, and animal health and well-being
    Section 10. Institute established; purpose. The David A.
Wirsing Food Animal Institute is established to review and
encourage research through peer review, to publish and
disseminate unbiased information about all aspects of the food
animal industry, anticipating issues with a vision for the
future of Illinois agriculture, and to maintain comprehensive
information systems for the improvement and enhancement of all
aspects of the food animal industry, all for the benefit of the
public, the General Assembly, the Governor's Office, and other
State and local government agencies. The Institute must fulfill
its purposes with unbiased integrity.
    Section 15. Governing board. The Institute is governed by
a board of 15 voting members who are appointed by the Governor
and who must ensure unbiased information. Five of the
Governor's appointees must represent food animal production.
Five of the Governor's appointees must represent allied
agribusiness aspects of the food animal industry. Five of the
Governor's appointees must represent other, non-agribusiness
aspects of the food animal industry.
    The board must also include, as non-voting members, the
dean or department chairperson or his or her designated
representative of the following institutions: the University
of Illinois College of ACES, the University of Illinois College
of Veterinary Medicine, the Southern Illinois University
College of Agriculture, the Western Illinois University
Agriculture Department, and the Illinois State University
Agriculture Department.
    Section 20. Appointment; terms. Initial appointees to the
board serve the following terms as designated by the Governor:
5 for a term of one year; 5 for a term of 2 years; and 5 for a
term of 3 years. Subsequent appointees serve terms of 3 years.
A vacancy is filled by appointment for the remainder of the
unexpired term. Members may be reappointed to the board. If the
Governor fails to appoint a member or to fill a vacancy within
90 days after a member's term expires or a vacancy occurs, the
remaining board members must make the appointment by majority
vote. A member appointed to fill a vacancy shall serve for the
remainder of the unexpired term or until a successor is
    Section 25. Operation of the board.
    (a) Upon appointment of the board's initial members, the
Director of Agriculture shall convene the first meeting of the
board for the purpose of selecting a chairperson and
considering other matters of business of the Institute. The
board annually thereafter, in January or the first meeting of
each year, must select a chairperson from among its number. A
chairperson may be re-elected but may not serve more than 3
consecutive years. The board meets at the call of the chair. A
quorum is necessary for action by the board; 8 voting members
of the board constitute a quorum, unless a vacancy exists among
the board's voting members. If a vacancy exists, then a quorum
of the board consists of a simple majority of the voting
members. Members of the board may receive no compensation but
must be reimbursed for expenses incurred in the actual
performance of their duties.
    (b) The board:
        (1) may have and use a common seal and alter the seal
    at its discretion;
        (2) may adopt all necessary resolutions, protocols,
    and by-laws;
        (3) may enter into agreements with State agencies;    
        (4) may enter into agreements with and accept funds
    from federal agencies, trade associations, industry
    organizations, universities and their sub-units,
    foundations, and other not-for-profit and private
    industries to carry out the purposes of the Institute;
        (5) may establish reserve funds and accounts that may
    be necessary or desirable to accomplish the purposes of the
    Institute; and
        (6) has and may exercise all powers and is subject to
    all duties commonly incident to boards of directors.
    Section 30. Expenses. The board has the authority to pay
administrative expenses including salary, wages, and fringe
benefits; operation and maintenance expenses, travel, supply,
and printing expenses, rental and rental related expenses, and
costs of capital purchases and improvements; contract and
contractual expenses; and other expenses deemed appropriate by
the board. The board is authorized to establish a fee structure
and charge fees for publications and duplicating expenses.
Revenue from those fees must be deposited into the Food Animal
Institute Fund. No charges or fees may be authorized or charged
to members of the General Assembly or the Governor's Office.
    Section 35. Report. The Institute must report annually on
January 1 to the Governor, the Clerk of the House of
Representatives, and the Secretary of the Senate upon the
Institute's activities in the preceding 12 months. The report
is a public record open for inspection at the office of the
Institute and, among other matters, must include an assessment
of the current state of the food animal industry in Illinois
and recommendations for new initiatives and efforts to further
enhance and best position the food animal industry in Illinois.
    Section 40. Food Animal Institute Fund. The Food Animal
Institute Fund is created as a special fund in the State
treasury. Grants, fees, and other moneys obtained by the David
A. Wirsing Food Animal Institute from governmental entities,
private sources, foundations, trade associations, industry
organizations, and not-for-profit organizations for use in
furthering the purposes of the Institute may be deposited into
the Fund. Moneys in the Fund may be used by the Institute for
undertaking projects, programs, and other activities and for
the operating and other expenses of the Institute as it
fulfills its duties and responsibilities.
    Section 45. Use of funds. The Institute shall: (i) collect
and disseminate research data, results, or conclusions and
disseminate it to the public, the General Assembly, State
agencies, and others who request it; (ii) provide unbiased
analysis of research findings, including economic impacts on
the State and the food animal industry; (iii) provide, if
needed, for peer review of research and research proposals for
scientific merit, objectives, methods, and procedures; (iv)
coordinate its activities with public research and education
programs; and (v) initiate other activities that are reasonable
and necessary to fulfill the responsibilities of the Institute
under this Act.
    Section 95. The State Finance Act is amended by adding
Section 5.625 as follows:
    (30 ILCS 105/5.625 new)
    Sec. 5.625. The Food Animal Institute Fund.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2004