93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4470


 
Introduced 02/03/04, by Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 		

















505 ILCS 17/7 new





505 ILCS 17/20




505 ILCS 17/50









    Amends the Agricultural Production Contract Code. Provides that a production contract must have a Flesch-Kincaid Grade Level score no higher than the twelfth grade.  Provides that this requirement does not apply to a document attached to the contract if the contractor, affiliate, or subsidiary is not the original publisher of the document.  Provides that the fine for a violation may not be more than $10,000. Effective January 1, 2005.



















LRB093 20612 RAS 46446 b




















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4470

LRB093 20612 RAS 46446 b









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    AN ACT concerning agriculture.

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


 
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    Section 5. The Agricultural Production Contract Code is 
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amended  by changing Sections 20 and 50 and  by adding Section 7 
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as follows:
 
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    (505 ILCS 17/7  new)
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    Sec. 7. Applicability. This Code applies to production 
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contracts signed on or after January 1, 2005.
 



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    (505 ILCS 17/20)



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    (This Section may contain text from a Public Act with a 
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delayed effective
date)

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    Sec. 20. Readability of production contracts. 

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    (a) A production contract must comply with all of the 
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following:


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        (1)  It must be in a typeface at least as large as 
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    10-point modern,
one-point
leaded.


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        (2) It must be divided and captioned by its various 
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    sections, have an
index
of the major provisions of the 
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    production contract and the pages on which they
are
found, 
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    and use commonly-used and understood words and terms, but 
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    may include
technical or industry terms customarily used 
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    and understood by producers in
the
ordinary course of 
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    business.


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        (3) It must limit references to other sections or 
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    provisions and, when
incorporating a document, have a copy 
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    of the document attached.


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        (4) It must have a Flesch-Kincaid Grade Level score no 
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    higher than the twelfth grade
scale analysis readability 
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    score of at least 50.
This provision does not apply to a 
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    document attached to the contract if the contractor, 
 


 









HB4470
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LRB093 20612 RAS 46446 b







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    affiliate, or subsidiary is not the original publisher of 
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    the document.


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    (b) A contractor may include a provision in the index 
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required by Section 25
that the production contract being 
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offered meets the requirements of this
Section as to 
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readability.

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(Source: P.A. 93-522, eff. 1-1-05.)

 



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    (505 ILCS 17/50)



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    (This Section may contain text from a Public Act with a 
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delayed effective
date)

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    Sec. 50. Enforcement; offenses; remedies. The Attorney 
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General is
primarily
responsible for enforcing this Act.

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    A violation of
person who violates Section 20, 25, 30, or 
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35 is
commits a business offense
under the Code of Corrections 
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punishable by a fine of not more than $10,000 per offense
under

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the Code of Civil Procedure.

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    A producer may recover his or her actual damages for a 
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contractor's violation
of
Section 40 or 45 of this Act.

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(Source: P.A. 93-522, eff. 1-1-05.)

 

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    Section 99. Effective date. This Act takes effect January 
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1, 2005.