Illinois General Assembly - Bill Status for HB0264

Creates the Agriculture Producer Protection Act. Requires agriculture production contracts to contain certain disclosures, meet readability guidelines, and include a summary sheet. Provides that the Director of Agriculture may review an agriculture production contract for compliance with the contract form and content requirements of the Act. Provides that provisions stating that information contained within an agricultural contract is confidential shall not prevent a producer from discussing all contract terms and details with specified persons. Places restrictions on a contractor's unilateral termination of certain contracts. Provides that it is unlawful for any contractor to interfere with the exercise of certain rights granted under the Act and establishes other unfair practices under the Act. Provides that any provision requiring the application of the law of any state other than Illinois, requiring any action to be filed in a state other than Illinois, or waiving a right or obligation under the Act, is void. Provides that the Attorney General shall enforce the Act by actions in the circuit court for equitable and monetary relief, including injunctive relief and criminal and civil fines and penalties. Provides a private cause of action to any producer aggrieved by a violation of the Act and includes as remedies contract reformation and other equitable relief for the purpose of avoiding unjust enrichment. Amends the Freedom of Information Act to exempt production contracts submitted for review to the Director of Agriculture under the Agriculture Producer Protection Act. Provides that the Department of Agriculture must adopt rules implementing the Agriculture Producer Protection Act not later than January 1, 2004 and gives this and the effective date provision an immediate effective date. Provides that the remainder of the Act takes effect on January 1, 2004.

Deletes everything. Creates the Agricultural Production Contract Code. Sets forth requirements for the format of agricultural production contracts. Provides that communications with certain family members and professional persons shall not be considered a breach of any confidentiality clause contained in agricultural production contracts. Provides that a contractor may not unilaterally terminate an agricultural production contract unless (i) the producer breaches a material term of the contract or voluntarily abandons the contractual relationship or (ii) a legitimate force majeure occurs. Sets forth the procedures that a contractor must follow to terminate the contract. Provides that the Attorney General is primarily responsible for enforcing the Act. Provides that a person who violates certain provisions concerning contract formatting commits a business offense. Provides that a producer may recover his or her actual damages for a contractor's improper termination or alteration of an agricultural production contract. Provides that a claim that a production contract violates this Act must be raised within 4 years after the date on which the party alleging the violation knew or should have known of the existence of the violation. Provides that if any provisions of the Agricultural Production Contract Code conflict with the Uniform Commercial Code, then the provisions of the Agricultural Production Contract Code shall control. Amends the Uniform Commercial Code. Provides that the Uniform Commercial Code is subject to the provisions of the Agricultural Production Contract Code. Effective January 1, 2005.

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