State of Illinois
91st General Assembly
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Public Act 91-0530

SB725 Enrolled                                LRB9101596PTpkA

    AN Act concerning aquaculture.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Civil Administrative Code of Illinois is
amended by changing Section 40.35 as follows:

    (20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
    Sec. 40.35. Aquaculture.   To  develop  and  implement  a
program  to  promote  aquaculture  and  to  make grants to an
aquaculture  cooperative  in  this  State  pursuant  to   the
Aquaculture  Development  Act,  to  promulgate  the necessary
rules and regulations and to  cooperate  with  and  seek  the
assistance  of  the  Department  of Natural Resources and the
Department  of  Transportation  in  the  implementation   and
enforcement of that Act.
(Source: P.A. 89-445, eff. 2-7-96.)

    Section  10.   The Aquaculture Development Act is amended
by adding Section 5.5 as follows:

    (20 ILCS 215/5.5 new)
    (Section scheduled to be repealed on June 30, 2009)
    Sec. 5.5.  Aquaculture Cooperative.
    (a)   The Department of Agriculture shall make grants  to
an  Aquaculture     Cooperative from the Illinois Aquaculture
Development  Fund,  a  special  fund  created  in  the  State
Treasury.  On July 1, 1999 and  on  each  July  1  thereafter
through July 1, 2008, the Comptroller shall order transferred
and  the Treasurer shall transfer $1,000,000 from the General
Revenue Fund into the Illinois Aquaculture Development  Fund.
The  Aquaculture  Cooperative shall consist of any individual
or entity of the aquaculture  industry  in  this  State  that
seeks  membership  pursuant  to the Agricultural Co-Operative
Act.  The grants for the  Cooperative  shall  be  distributed
from the Illinois Aquaculture Development Fund as provided by
rule.      At  the  beginning  of  each  fiscal  period,  the
Cooperative shall prepare a budget plan for the  next  fiscal
period,   including   the  probable  cost  of  all  programs,
projects, and contracts.  The Cooperative  shall  submit  the
proposed  budget to the Director for review and comment.  The
Director may recommend  programs  and  activities  considered
appropriate  for the Cooperative.  The Cooperative shall keep
minutes, books, and records that clearly reflect all  of  the
acts  and transactions of the Cooperative and shall make this
information public.  The financial books and records  of  the
Cooperative shall be audited by a certified public accountant
at  least  once  each  fiscal  year  and  at  other  times as
designated by the Director.  The expense of the  audit  shall
be  the  responsibility  of  the  Cooperative.  Copies of the
audit shall be provided to all members of the Cooperative, to
the Department,  and  to  other  requesting  members  of  the
aquaculture industry.
    (b)  The  grants  to  an  Aquaculture Cooperative and the
proceeds generated by the Cooperative may  be  used  for  the
following purposes:
         (1)  To  buy  aquatic  organisms from members of the
    Cooperative.
         (2)  To buy aquatic organism food in bulk quantities
    for resale to the members of the Cooperative.
         (3)  For  transportation,  hauling,   and   delivery
    equipment.
         (4)  For  employee  salaries,  building  leases, and
    other administrative costs.
         (5)  To  purchase   equipment   for   use   by   the
    Cooperative members.
         (6)  Any other related costs.
    (c)  The  Department shall submit a report to the General
Assembly before January  1,  2009  with  a  determination  of
whether the funding for the Aquaculture Cooperative should be
extended  beyond June 30, 2009.  If the Department recommends
an extension of the funding for  the  Cooperative,  then  the
report  shall  detail whether the Cooperative funding  should
be increased, decreased, or eliminated.  The report shall  be
submitted   according   to  Section  5-140  of  the  Illinois
Administrative Procedure Act.
    (d)  This Section is repealed on June 30, 2009.

    Section 15.  The State Finance Act is amended  by  adding
Section 5.490  as follows:

    (30 ILCS 105/5.490 new)
    Sec. 5.490.  The Illinois Aquaculture Development Fund.

    Section  40.   The  County  Cooperative  Extension Law is
amended by changing Section 2a as follows:

    (505 ILCS 45/2a) (from Ch. 5, par. 242a)
    Sec. 2a.  Information and assistance.
    (a)  The Cooperative Extension Service of the  University
of  Illinois  shall  provide  information  and  assistance to
person who are timber growers  and  to  persons  who  may  be
unaware  of  the  economic  and  soil  and water conservation
benefits that can be attained through forestry management  on
marginal agricultural lands.
    (b)  The  Department  of Agriculture, in cooperation with
the  Cooperative  Extension  Service  of  the  University  of
Illinois, in  conjunction  with  the  Agriculture  Experiment
Station and Southern Illinois University at Carbondale, shall
provide  information  on  aquaculture  and  shall explore the
establishment  of  an   aquaculture   resource   center   for
disseminating  information and demonstrating the viability of
aquaculture as a part of the diversified agriculture of  this
State.
    The Department of Agriculture in cooperation with the (i)
Cooperative  Extension Service of the University of Illinois,
(ii) Southern Illinois University  at  Carbondale,      (iii)
Illinois State University at Bloomington-Normal, (iv) Western
Illinois  University  at  Macomb,  and (v) community colleges
organized  under  the  Public  Community  College  Act  shall
provide  information  and  assistance  to   the   aquaculture
industry  in the State concerning the Aquaculture Cooperative
established  under  the  Aquaculture  Development   Act   and
incorporated under the Agricultural Co-Operative Act.
(Source: P.A. 85-856.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
                            INDEX
           Statutes amended in order of appearance
20 ILCS 205/40.35         from Ch. 127, par. 40.35
20 ILCS 215/5.5 new
30 ILCS 105/5.490 new
505 ILCS 45/2a            from Ch. 5, par. 242a

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