HB3786 94TH GENERAL ASSEMBLY

LRB094 07333 JAM 37491 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3786

Introduced 2/25/2005, by Rep. Roger L. Eddy

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.640 new

Creates the Patented Seed Act. Requires that a farmer who plants patented seed and seeks to retain seed from the harvest for the purpose of replanting must register with the Department of Agriculture the type of seed and the quantity of seed to be retained. Requires that the farmer pay a $7 fee per bushel, which shall be used by the Department to pay the patent holder and defray administrative costs. Limits a farmer's liability for death, injury, or loss relating to patented seed. Amends the State Finance Act to create the Genetically Engineered Seed Fund as a special fund in the State treasury for the deposit of the fees. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning agriculture.

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 Patented Seed Act.

Section 5. Definitions. As used in this Act:

"Department" means the Illinois Department of Agriculture.

"Director" means the Illinois Director of Agriculture.

"Patented seed" means seed for which a patent has been issued by the United States Patent and Trademark Office.

Section 10. Registered use of patented seed. A farmer who plants patented seed and seeks to retain seed from the harvest of the planting for his or her own replanting purposes, regardless of where the seeds are to be replanted, shall register with the Department on a form that the Director shall prescribe and provide. On the form, the farmer shall specify the type of seed and the number of bushels of seed to be retained for replanting purposes. The farmer shall include with the form a fee in the amount of $7 per bushel of seed to be retained.

Section 15. Genetically Engineered Seed Fund. Fees collected under this Act shall be deposited into the Genetically Engineered Seed Fund, a special fund created in the State treasury. The Fund shall be used for the purposes specified in this Act.

Section 20. Use of Fund.

(a) The Director shall determine who holds the patent on each bushel of seed for which a fee is collected under this Act. In making the determination, the Director may consult with the United States Patent and Trademark Office or the United States Department of Agriculture.

(b) Upon appropriation from the Fund, the Director shall distribute each per-bushel fee that is deposited into the Genetically Engineered Seed Fund as follows:

(1) $6 of the fee shall be paid on a quarterly basis to the person who holds the patent on the seed that was the subject of the fee.

(2) $1 of the fee shall be used to defray the Department's administrative costs associated with the registration of patented seed. The Director shall certify any amounts that are not needed to defray those costs to the Director of the Governor's Office of Management and Budget, who may direct the use of the certified amounts from the Genetically Engineered Seed Fund to an appropriate program of the University of Illinois for purposes of agricultural research and development.

Section 25. Limited liability. A farmer who plants patented seed is immune from liability in a civil suit for any death, injury, or loss to person or property that is related to any health, safety, or environmental impacts of the patented seed unless the farmer purposely or negligently fails substantially to follow the patent holder's and manufacturer's instructions and guidelines for planting the seed.

Section 95. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Genetically Engineered Seed Fund.

Section 99. Effective date. This Act takes effect upon becoming law.