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92_HB0036ham002 LRB9200623MWcdam01 1 AMENDMENT TO HOUSE BILL 36 2 AMENDMENT NO. . Amend House Bill 36, AS AMENDED, by 3 replacing the title with the following: 4 "AN ACT concerning agriculture."; 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 Illinois Agriculture Infrastructure Development Act of 2001. 9 Section 5. Definitions. In this Act: 10 "Advisory Board" or "board" means the Department of 11 Agriculture's Infrastructure Development Advisory Board for 12 Agriculture. 13 "Agribusiness" means any sole proprietorship, limited 14 partnership, co-partnership, joint venture, corporation, or 15 cooperative that operates or will operate a facility located 16 within the State of Illinois that is related to the 17 processing of agricultural commodities (including, but not 18 limited to, the products of aquaculture, hydroponics, and 19 silviculture) or the manufacturing, production, or 20 construction of agricultural buildings, structures, 21 equipment, implements, and supplies, or any other facilities -2- LRB9200623MWcdam01 1 or processes used in agricultural production. "Agribusiness" 2 includes but is not limited to the following: 3 (1) grain handling and processing, including grain 4 storage, drying, treatment, conditioning, milling, and 5 packaging; 6 (2) seed and feed grain development and processing; 7 (3) fruit and vegetable processing, including 8 preparation, canning, and packaging; 9 (4) processing of livestock and livestock products, 10 dairy products, poultry and poultry products, fish or 11 apiarian products, including slaughter, shearing, 12 collecting, preparation, canning, and packaging; 13 (5) fertilizer and agricultural chemical 14 manufacturing, processing, application and supplying; 15 (6) farm machinery, equipment, and implement 16 manufacturing and supplying; 17 (7) manufacturing and supplying of agricultural 18 commodity processing machinery and equipment, including 19 machinery and equipment used in slaughter, treatment, 20 handling, collecting, preparation, canning, or packaging 21 of agricultural commodities; 22 (8) farm building and farm structure manufacturing, 23 construction, and supplying; 24 (9) construction, manufacturing, implementation, 25 supplying, or servicing of irrigation, drainage, and soil 26 and water conservation devices or equipment; 27 (10) fuel processing and development facilities 28 that produce fuel from agricultural commodities or 29 by-products; 30 (11) facilities and equipment for processing and 31 packaging agricultural commodities specifically for 32 export; 33 (12) facilities and equipment for forestry product 34 processing and supplying, including sawmilling -3- LRB9200623MWcdam01 1 operations, wood chip operations, timber harvesting 2 operations, and manufacturing of prefabricated buildings, 3 paper, furniture, or other goods from forestry products; 4 and 5 (13) facilities and equipment for research and 6 development of products, processes, and equipment for the 7 production, processing, preparation, or packaging of 8 agricultural commodities and by-products. 9 "Agricultural facility" means land, any building or other 10 improvement on or to land, and any personal properties deemed 11 necessary or suitable for use, whether or not now in 12 existence, in farming, ranching, the production of 13 agricultural commodities (including, but not limited to, the 14 products of aquaculture, hydroponics, and silviculture) or 15 the treating, processing, or storing of agricultural 16 commodities when the activities are customarily engaged in by 17 farmers as a part of farming or as part of the Illinois 18 value-added agricultural enhancement program. 19 "Agricultural land" means land suitable for agriculture 20 production. 21 "Asset" includes, but is not limited to, the following: 22 cash crops or feed on hand; livestock held for sale; breeding 23 stock; marketable bonds and securities; securities not 24 readily marketable; accounts receivable; notes receivable; 25 cash invested in growing crops; net cash value of life 26 insurance; machinery and equipment; cars and trucks; farm and 27 other real estate including life estates and personal 28 residence; value of beneficial interest in trusts; government 29 payments or grants; and any other assets. 30 "Department" means the Department of Agriculture. 31 "Director" means the Director of Agriculture. 32 "Fund" means the Illinois Agriculture Infrastructure 33 Development Fund. 34 "Grantee" mean the person or entity to whom a grant is -4- LRB9200623MWcdam01 1 made to from the Fund. 2 "Lender" means any federal or State chartered bank, 3 federal land bank, production credit association, bank for 4 cooperatives, federal or state chartered savings and loan 5 association or building and loan association, small business 6 investment company, or any other institution qualified within 7 this State to originate and service loans, including, but not 8 limited to, insurance companies, credit unions, and mortgage 9 loan companies. "Lender" includes a wholly owned subsidiary 10 of a manufacturer, seller or distributor of goods or services 11 that makes loans to businesses or individuals, commonly known 12 as a "captive finance company". 13 "Liability" includes, but is not limited to, the 14 following: accounts payable; notes or other indebtedness owed 15 to any source; taxes; rent; amounts owed on real estate 16 contracts or real estate mortgages; judgments; accrued 17 interest payable; and any other liability. 18 "Person" means, unless limited to a natural person by the 19 context in which it is used, a person, corporation, 20 association, trust, partnership, limited partnership, joint 21 venture, or cooperative. 22 "State" means the State of Illinois. 23 "Value-added" means the processing, packaging, or 24 otherwise enhancing the value of farm and agricultural 25 products or by-products produced in Illinois. 26 Section 10. Legislative findings. 27 (a) The General Assembly finds that in this State the 28 following conditions exist: 29 (1) There exists an inadequate supply of funds at 30 interest rates sufficiently low to enable persons engaged 31 in agriculture in this State to pursue agricultural or 32 agribusiness operations at present levels. 33 (2) The inability to pursue agricultural operations -5- LRB9200623MWcdam01 1 lessens the supply of agricultural commodities available 2 to fulfill the needs of the citizens of this State. 3 (3) The inability to continue operations decreases 4 available employment in the agricultural sector of the 5 State and results in unemployment and its attendant 6 problems. 7 (4) These conditions prevent the acquisition of an 8 adequate capital stock of farm equipment and machinery, 9 much of which is manufactured in this State, therefore 10 impairing the productivity of agricultural land and 11 causing unemployment or lack of appropriate increase in 12 employment in that manufacturing. 13 (5) These conditions are conducive to consolidation 14 of acreage of agricultural land with fewer individuals 15 living and farming on the traditional family farm. 16 (6) These conditions result in a loss in 17 population, unemployment, and movement of persons from 18 rural to urban areas accompanied by added costs to 19 communities for creation of new public facilities and 20 services. 21 (7) There have been recurrent shortages of funds 22 from private market sources at reasonable rates of 23 interest. 24 (8) The ordinary operations of private enterprise 25 have not in the past corrected these conditions. 26 (9) There is a need for value-added products and 27 processing in this State. 28 (10) A stable supply of adequate funds for 29 agricultural financing is required to encourage family 30 farmers and agribusiness in an orderly and sustained 31 manner and to reduce the problems described in this 32 Section. 33 (b) The General Assembly determines and declares that 34 there exist conditions in the State that require the -6- LRB9200623MWcdam01 1 Department to issue grants on behalf of the State for the 2 acquisition and development of agricultural facilities and 3 value-added products and processing. 4 Section 15. Infrastructure Development Advisory Board 5 for Agriculture; grant requirements. 6 (a) The Infrastructure Development Advisory Board for 7 Agriculture is created in the Department of Agriculture. The 8 Advisory Board consists of 7 members, no more than 4 of whom 9 may be of the same political party, appointed by the 10 Governor. One Advisory Board member must represent each of 11 the following: the banking and lending industry, the economic 12 development industry, the agribusiness industry, and the 13 manufacturing industry. Three members must be involved in 14 production agriculture. All members must be residence of the 15 State. 16 In making the first appointments, the Governor must 17 designate 2 members to serve until the third Monday in 18 January, 2002, 2 members to serve until the third Monday in 19 January, 2003, 2 members to serve until the third Monday in 20 January, 2004, and one member to serve until the third Monday 21 in January, 2005, or until their successors are appointed and 22 qualified. The successors shall be appointed to serve 4-year 23 terms expiring on the third Monday in January or until their 24 successors are appointed and qualified. Any vacancy occurring 25 in the Board whether by death, resignation, or otherwise 26 shall be filled by appointment by the Governor in the same 27 manner as original appointments. A member appointed to fill a 28 vacancy shall serve for the remainder of the unexpired term 29 or until his successor is qualified. 30 (b) The Director or his or her designee shall serve as 31 chairman of the Advisory Board. Meetings of the Board will be 32 called by the chair. Notice of special meetings shall be 33 given to members of the Board as provided by law. Members may -7- LRB9200623MWcdam01 1 waive notice and do so without further action by being 2 present at any meeting. Meetings of the Board are subject to 3 the Open Meetings Act. Members of the Board may participate, 4 and shall be counted for a quorum, in all meetings via 5 electronic means including telephone conference calls or 6 video conferencing. 7 (c) Four members of the Advisory Board and the chairman 8 shall constitute a quorum at any meeting. No vacancy in the 9 membership of the Board shall impair the right of a quorum to 10 exercise all the rights and perform all the duties of the 11 Advisory Board. The members of the Board shall serve without 12 compensation, but each member shall be reimbursed for his or 13 her necessary expenses incurred in the discharge of his or 14 her duties as a member of the Advisory Board. 15 (d) The Advisory Board shall review grant requests for 16 the Agriculture Infrastructure Development Grant Program that 17 are submitted to the Department and must advise the Director 18 on whether the project should receive all or part of the 19 funding request. The Board may request additional details and 20 information on all grant submissions prior to making any 21 recommendations to the Director. The Advisory Board, in 22 reviewing the applications, must consider, but is not limited 23 to considering the following criteria: 24 (1) The project has a reasonable assurance of 25 enhancing the value of agricultural products or will 26 expand agribusiness in Illinois. 27 (2) Preliminary market and feasibility research has 28 been conducted by the applicant or others and there is a 29 reasonable assurance of a potential market. 30 (3) The applicant has demonstrated the ability to 31 manage the business or commercialize the idea. 32 (4) There is favorable community support for the 33 project. 34 (5) There are favorable recommendations from local -8- LRB9200623MWcdam01 1 economic development groups, university-based technical 2 specialists, or other qualified service providers. 3 (6) The applicant demonstrates a personal 4 commitment and a commercialization development plan. 5 (7) There is an adequate and realistic budget 6 projection. 7 (8) The application meets the eligibility 8 requirements and the project costs are eligible under 9 this Act. 10 (9) The applicant has established a need for the 11 grant. 12 (10) The economic impact of the project on the 13 state's agriculture and agribusiness sector. 14 (e) No grant may be made by the Director without a 15 review and recommendation of the Advisory Board. The Director 16 may include the Advisory Board's recommendations for a grant 17 or to impose additional or lesser requirements for the grant. 18 Preference for grants shall be given to, but is not limited 19 to, the following: 20 (1) Proposals for industrial and nonfood production 21 processes using Illinois agricultural products. 22 (2) Proposals for food, feed, and fiber products 23 that use Illinois agricultural products and add to the 24 value of Illinois agricultural products. 25 (3) Research proposals that have not been 26 duplicated by other research efforts. 27 (4) Proposals that demonstrate that the applicant 28 has invested his or her own funds, time, and or other 29 valued consideration in the project. 30 (5) Proposals that are reasonably expected to 31 result in a viable commercial application. 32 (6) Proposals that have a positive economic impact 33 on the State's agriculture and agribusiness sector. -9- LRB9200623MWcdam01 1 Section 20. Conflict of interest. No member of the 2 Advisory Board may be employed by, hold any official relation 3 to, or have any financial interest in (i) any corporation or 4 entity receiving guarantees, advances, or grants under this 5 Act or (ii) to any agricultural facility financed or assisted 6 under this Act. No moneys of the Department may be deposited 7 in any financial institution in which any officer, director, 8 or holder of a substantial proprietary interest is also a 9 member of the Board. No real estate to which a member of the 10 Board holds legal title or in which that person has any 11 beneficial interest, including any interest in a land trust, 12 may be purchased or financed under this Act. In the event it 13 is later disclosed that the applicant purchased real estate 14 in which a member had an interest, the purchase is void and 15 the member involved shall be disqualified from membership on 16 the Advisory Board. 17 Section 25. Report. The Director must file with the 18 Governor, the State Treasurer, the Secretary of the Senate, 19 and the Clerk of the House of Representatives, by March 1 of 20 each year, a written report covering the activities of the 21 Department for the previous calendar year. The report is a 22 public record and must be available for inspection at the 23 offices of the Department during normal business hours. The 24 report must include a complete list of (i) all applications 25 for grants under the Agriculture Infrastructure Development 26 Grant Program during the calendar year; (ii) all persons that 27 have received any form of financial assistance from the 28 Department during the calendar year; and (iii) the nature and 29 amount of all financial assistance. 30 Section 30. Powers of the Department. The Department 31 has the following powers, together with all powers incidental 32 to or necessary for the discharge of those powers: -10- LRB9200623MWcdam01 1 (1) To grant its moneys to one or more persons to 2 be used by those persons to pay the costs of acquiring, 3 constructing, reconstructing, or improving agricultural 4 facilities. Grants must be on any terms and conditions 5 that the Department determines. 6 (2) To grant its moneys to any agribusiness which 7 operates or will operate a facility located in Illinois 8 for the purposes of adding value to Illinois agricultural 9 commodities. Grants must be on any terms and conditions 10 as the Department requires. 11 (3) To contract with lenders or others for the 12 origination of or the servicing of the grants made by the 13 Department. 14 (4) To receive and accept, from any source, aid or 15 contributions of money, property, labor, or other items 16 of value for furtherance of any of its purposes, subject 17 to any conditions not inconsistent with this Act or the 18 laws of this State pertaining to the contributions, 19 including, but not limited to, gifts, guarantees, or 20 grants from any department, agency, or instrumentality of 21 the United States of America. 22 (5) To collect any fees and charges in connection 23 with its grants, advances, servicing, and other 24 activities that it determines. 25 (6) To appoint, employ, contract with, and provide 26 for the compensation of any employees and agents, 27 including, but not limited to, engineers, attorneys, 28 management consultants, fiscal advisers, and 29 agricultural, silvicultural, and aquacultural experts, 30 that business of the Department requires. No Advisory 31 Board member or member of his or her firm, business, 32 partnership, or corporation shall be employed or 33 compensated by the Department. 34 (7) To make, enter into, and execute any contracts, -11- LRB9200623MWcdam01 1 agreements, and other instruments with any person, 2 including but not limited to, any federal, State, or 3 local governmental agency and to take any other actions 4 that may be necessary or convenient to accomplish any 5 purpose for which this authority was granted to the 6 Department or to exercise any power expressly granted 7 under this Act. 8 (8) To establish funds for financial surety and 9 escrow accounts. 10 (9) To adopt any necessary rules that are 11 consistent with this Act. 12 Section 35. Liability. The Director, any Department 13 employee, or any authorized person executing grants is not 14 personally liable on the grants and is not subject to any 15 personal liability or accountability by reason of the 16 issuance of the grants. 17 Section 40. Agriculture Infrastructure Development Grant 18 Program. 19 (a) The Department must develop and administer an 20 Agriculture Infrastructure Development Grant Program for the 21 purpose of promoting the value-added processing of Illinois 22 agriculture products and by-products through grants to 23 current and potential processors. Qualifying processing 24 facilities must be located in Illinois and must process, 25 package, or otherwise enhance the value of farm products or 26 by-products produced in Illinois. Grants may be used for the 27 costs of developing, establishing, and operating a 28 value-added processing facility, including, but not limited 29 to, (i) purchasing land, (ii) purchasing, constructing, or 30 refurbishing buildings, (iii) purchasing or refurbishing 31 machinery or equipment, (iv) installation, (v) repairs, (vi) 32 labor, (vii) professional services, and (viii) working -12- LRB9200623MWcdam01 1 capital. 2 The recipient of a grant under this Section must provide 3 a minimum percentage, as determined by the Department, of the 4 total cost of the processing project, with the balance of the 5 project's total cost available from other sources. Other 6 sources include, but are not limited to, commercial and 7 private lenders, leasing companies, and grants. The 8 recipient's match may be in cash, cash-equivalent 9 investments, or bonds, irrevocable letters of credit, or any 10 combination thereof. A grant under this Section may provide 11 (i) up to 75% of the cost for technical assistance to develop 12 a project to enhance the value of agricultural products or to 13 expand agribusiness in Illinois but not to exceed $25,000, 14 (ii) up to 50% of the cost of undertaking feasibility 15 studies, competitive assessments, and consulting or 16 productivity services that the Department determines may 17 result in the enhancement of value-added agricultural 18 products, and (iii) up to 10% of the project's total capital 19 construction cost not to exceed $5,000,000. Notwithstanding 20 any other provision of this Section, the grant moneys may not 21 be used for the purpose of compliance with the provisions of 22 the Livestock Management Facilities Act. 23 Grant applications must be made on forms provided by and 24 in accordance with procedures established by the Department. 25 At a minimum, an applicant must be an Illinois resident, as 26 defined by Department rule, and must provide the names, 27 addresses, and occupations of all project owners, the project 28 address, relevant credit and financial information 29 (including, but not limited to, assets and liabilities), and 30 any other information deemed necessary by the Advisory Board 31 or the Department for review of the grant application. 32 (b) All requests for the waiver of any requirements in 33 this Section must be made in writing to the Department. A 34 grant award is subject to modification or alteration under, -13- LRB9200623MWcdam01 1 but is not limited to, the following conditions: 2 (1) The grant award is subject to any modifications 3 that may be required by changes in State law or 4 regulations. Any required modification shall be 5 incorporated into and made a part of the grant as 6 provided in the Illinois Grant Funds Recovery. The 7 Department shall notify the recipient in writing of any 8 amendment to the regulations and the effective date of 9 those amendments. 10 (2) A recipient's request for budget variations in 11 the amount or line item costs shall be in writing by 12 certified mail and shall give justifications for the 13 requested variations. The Department may approve 14 modification requests if the Department determines the 15 modification is necessary to achieve program objectives. 16 Any changes in cost categories or line items shall not 17 alter the activities or deliverables for the project. If 18 the Department approves the modification request, the 19 recipient must be notified in writing of the change and 20 the effective date of the change. 21 (3) If either the Department or the recipient 22 requests to modify the terms of the grant award other 23 than as set forth in paragraphs (1) and (2), written 24 notice of the proposed modification shall be given to the 25 other party. No modification shall take effect unless 26 agreed to in writing by both the Department and the 27 recipient. 28 (c) The Agricultural Infrastructure Development Fund is 29 created as a special fund within the State treasury. 30 Appropriations and moneys from any public or private source 31 may be deposited into the Fund. Amounts in the Fund not 32 currently needed to meet the obligations of the Fund shall be 33 invested as permitted by law. All interest earned from those 34 investments shall be deposited into the Fund, except that 1% -14- LRB9200623MWcdam01 1 of annual investment earning may be used by the Department 2 for expenses. Subject to appropriation, the Fund shall be 3 used to make grants under this Section. Repayments of grants 4 made under this Section shall be deposited into the Fund. 5 Section 45. Project reporting. The grantee of a funded 6 project shall submit to the Department periodic reports, as 7 specified in the grant agreement, outlining progress, 8 timeline, and budget compliance. Deviations from the 9 agreement may result in the withholding of further funding or 10 in a grant default. A final written report, describing the 11 work performed, results obtained, and economic impact is 12 required with 30 days after a project is completed. The 13 final report shall also include a financial report of all 14 expenses actually incurred and income generated by the 15 project, if any. Grantees may be required to submit to the 16 Department the following information: employment reports, 17 federal tax returns or financial statements, and other 18 information as requested by the Department where economic or 19 business conditions may be necessary to determine conformance 20 with grant conditions. The Department may require the 21 financial statements be compiled, reviewed, or audited by an 22 independent accountant at the expense of the grantee at any 23 time for 3 years following the completion of the grant. 24 Section 50. Certification. The Department may develop an 25 organic, identity preserved, and or value-added certification 26 processes and programs that guarantees a buyer that the 27 certified Illinois products have traits and qualities that 28 warrant a premium price or an increase in added value. The 29 Department may adopt rules setting certification and 30 licensing standards for persons to certify products under 31 this Section. -15- LRB9200623MWcdam01 1 Section 55. Market access. The Department may (i) 2 identify international and domestic consumer preferences, 3 (ii) identify the new markets those preferences indicate, 4 particularly for value-added products, (iii) identify 5 preserved products, (iv) underwrite demonstrations on foreign 6 soils, and (v) provide market analyses and trend projections 7 to farmers and other interested persons. 8 Section 60. Default or termination of grant agreement. 9 If the recipient of a grant violates any of the terms of the 10 grant agreement, the Department shall send a writing notice 11 to the recipient that he or she is in default and be given 12 the opportunity to correct the violations. 13 (a) If the violation is not corrected within 10 days 14 after receipt of the notification, the Director may take, but 15 not is limited to, one or more of the following actions: 16 (1) Declare due and payable the amount of the grant 17 and cease additional grant payments not yet made to the 18 grantee. 19 (2) Take possession of the facility or project, 20 repair, maintain, operate, sell, lease, or otherwise 21 dispose of the project or facility to another entity. 22 (3) Take any other action considered appropriate to 23 protect the interest of the project. 24 (b) The Department shall determine that a recipient has 25 failed to faithfully perform the terms and conditions of the 26 scope of work of the project when: 27 (1) The Department has notified the recipient in 28 writing of the existence of circumstances such as 29 repeated failure to submit required reports, 30 misapplication of grant funds, failure to match 31 Department funds, evidence of fraud and abuse, repeated 32 failure to meet performance timelines or standards, or 33 failure to resolve negotiated points of the agreement. -16- LRB9200623MWcdam01 1 (2) The recipient fails to develop and implement a 2 corrective action plan within 30 calendar days of the 3 Department's notice. 4 (c) A grant shall be terminated for, but termination is 5 not limited to, under any of the following circumstances: 6 (1) In the absence of State funding for a specific 7 year, all grants that year will be terminated in full. 8 In the event of a partial loss of State funding, the 9 Department may make proportionate cuts to all recipients. 10 (2) If the Department determines that the recipient 11 has failed to comply with the terms and conditions of the 12 grant agreement, the Department shall terminate the grant 13 in whole, or in part, at any time before the date of 14 completion. 15 (3) The Department and the recipient shall 16 terminate the grant in whole, or in part, when the 17 Department and recipient agree that the continuation of 18 the project would not produce beneficial results 19 commensurate with the further expenditures of funds. 20 (4) The recipient may refuse or elect not to 21 complete the grant agreement and terminate the grant. The 22 recipient shall notify the Department within 10 days 23 after the date upon which performance ceases. 24 (d) Any money collected from the default or termination 25 of a grant shall be placed into the Fund and expended for the 26 purposes of this Act. 27 Section 65. State agriculture planning agency. The 28 Department is the State agriculture planning agency. The 29 Department may accept and use planning grants or other 30 financial assistance from the federal government (i) for 31 statewide comprehensive planning work, including research and 32 coordination activity directly related to agriculture needs; 33 and (ii) for State and interstate comprehensive planning and -17- LRB9200623MWcdam01 1 research and coordination activity related to that planning. 2 All such grants shall be subject to the terms and conditions 3 prescribed by the federal government. 4 Section 70. Construction. This Act is necessary for the 5 welfare of this State and must be liberally construed to 6 effect its purposes. 7 Section 800. The Open Meetings Act is amended by 8 changing Section 1.02 as follows: 9 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) 10 Sec. 1.02. For the purposes of this Act: 11 "Meeting" means any gathering of a majority of a quorum 12 of the members of a public body held for the purpose of 13 discussing public business. 14 "Public body" includes all legislative, executive, 15 administrative or advisory bodies of the State, counties, 16 townships, cities, villages, incorporated towns, school 17 districts and all other municipal corporations, boards, 18 bureaus, committees or commissions of this State, and any 19 subsidiary bodies of any of the foregoing including but not 20 limited to committees and subcommittees which are supported 21 in whole or in part by tax revenue, or which expend tax 22 revenue, except the General Assembly and committees or 23 commissions thereof. "Public body" includes tourism boards 24 and convention or civic center boards located in counties 25 that are contiguous to the Mississippi River with populations 26 of more than 250,000 but less than 300,000. "Public body" 27 includes the Health Facilities Planning Board. "Public body" 28 includes the Infrastructure Development Advisory Board for 29 Agriculture. "Public body" does not include a child death 30 review team established under the Child Death Review Team Act 31 or an ethics commission, ethics officer, or ultimate -18- LRB9200623MWcdam01 1 jurisdictional authority acting under the State Gift Ban Act 2 as provided by Section 80 of that Act. 3 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99; 4 91-782, eff. 6-9-00.) 5 Section 805. The State Finance Act is amended by adding 6 Section 5.545 as follows: 7 (30 ILCS 105/5.545 new) 8 Sec. 5.545. The Agricultural Infrastructure Development 9 Fund. 10 (20 ILCS 205/40.43 rep.) 11 Section 810. The Department of Agriculture Law of the 12 Civil Administrative Code of Illinois is amended by repealing 13 Section 40.43 as added by Public Act 91-560. 14 Section 999. Effective date. This Act takes effect upon 15 becoming law.".