IL
Illinois House Bill HB3556

Illinois 2023-2024 Regular Session

Illinois House Bill HB3556 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3556 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new Creates the Black Farmer Restoration Program Act. Creates the Black Farmer Restoration Program within the Illinois Department of Agriculture to support current Black farmers and to encourage the growth of Black farmers into the field of agriculture. Creates the Black Farmer Restoration Fund as a special fund in the State treasury. Provides that the Fund shall consist of gifts, grants, donations, and appropriations which must be made to support the Program. Provides that expenditures from the Fund must be used exclusively to pay costs, fees, and expenses necessary to administer the Program. Establishes requirements and limitations for the Program. Establishes the Farm Conservation Corps to provide training in an on-field environment for socially disadvantaged residents. Provides that the Director shall make publicly available annual reports describing data on the recipients of the Department programs, including assistance from farm subsidy programs, and the amounts of the assistance, delineated by the race, ethnicity, and gender of the recipients. Defines terms. Effective immediately. LRB103 30147 RLC 56571 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3556 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new Creates the Black Farmer Restoration Program Act. Creates the Black Farmer Restoration Program within the Illinois Department of Agriculture to support current Black farmers and to encourage the growth of Black farmers into the field of agriculture. Creates the Black Farmer Restoration Fund as a special fund in the State treasury. Provides that the Fund shall consist of gifts, grants, donations, and appropriations which must be made to support the Program. Provides that expenditures from the Fund must be used exclusively to pay costs, fees, and expenses necessary to administer the Program. Establishes requirements and limitations for the Program. Establishes the Farm Conservation Corps to provide training in an on-field environment for socially disadvantaged residents. Provides that the Director shall make publicly available annual reports describing data on the recipients of the Department programs, including assistance from farm subsidy programs, and the amounts of the assistance, delineated by the race, ethnicity, and gender of the recipients. Defines terms. Effective immediately. LRB103 30147 RLC 56571 b LRB103 30147 RLC 56571 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3556 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3+New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
4+New Act
5+30 ILCS 105/5.990 new
6+Creates the Black Farmer Restoration Program Act. Creates the Black Farmer Restoration Program within the Illinois Department of Agriculture to support current Black farmers and to encourage the growth of Black farmers into the field of agriculture. Creates the Black Farmer Restoration Fund as a special fund in the State treasury. Provides that the Fund shall consist of gifts, grants, donations, and appropriations which must be made to support the Program. Provides that expenditures from the Fund must be used exclusively to pay costs, fees, and expenses necessary to administer the Program. Establishes requirements and limitations for the Program. Establishes the Farm Conservation Corps to provide training in an on-field environment for socially disadvantaged residents. Provides that the Director shall make publicly available annual reports describing data on the recipients of the Department programs, including assistance from farm subsidy programs, and the amounts of the assistance, delineated by the race, ethnicity, and gender of the recipients. Defines terms. Effective immediately.
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312 1 AN ACT concerning agriculture.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 1. Short title. This Act may be cited as the Black
716 5 Farmer Restoration Program Act.
817 6 Section 5. Definitions. As used in this Act:
918 7 "Agricultural easement" means a nonpossessory interest of
1019 8 a holder in real property imposing limitations on the use of
1120 9 the property strictly to agricultural purposes. An
1221 10 agricultural easement does not prevent a property owner from
1322 11 constructing, improving, or maintaining a primary residence or
1423 12 housing for farmworkers on the land.
1524 13 "Director" means the Director of Agriculture.
1625 14 "Department" means the Illinois Department of Agriculture.
1726 15 "Eligible individual" means a resident of this State who:
1827 16 (1) was born in this State;
1928 17 (2) is at least 21 years of age;
2029 18 (3) has previously identified as Black or African
2130 19 American; and
2231 20 (4) has at least one parent of African ancestry.
23-21 "Limited resource farmer" means a farmer with direct or
24-22 indirect gross farm sales not more than the current indexed
25-23 value in each of the previous 2 years, and who has a total
32+21 "Qualified entity" means an organization:
33+22 (1) that has a fiscal sponsor who is exempt from
34+23 taxation pursuant to Section 501(c)(3) of the Internal
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34-1 household income at or below the national poverty level for a
35-2 family of 4, or less than 50% of county median household income
36-3 in each of the previous 2 years.
37-4 "Qualified entity" means an organization:
38-5 (1) that has a fiscal sponsor who is exempt from
39-6 taxation pursuant to Section 501(c)(3) of the Internal
40-7 Revenue Code of 1986;
41-8 (2) that has a minimum of 3 years of experience
42-9 providing agricultural services, business assistance,
43-10 legal assistance, or advocacy services to socially
44-11 disadvantaged farmers; and
45-12 (3) in which at least one-half of the members of the
46-13 organization's board of directors are Black.
47-14 "Socially disadvantaged farmer" means a farmer who is a
48-15 member of a socially disadvantaged group.
49-16 "Socially disadvantaged group" means a group of people
50-17 whose members have been subject to racial or ethnic prejudice
51-18 because of their identity as a member of a group without regard
52-19 to their individual qualities.
53-20 "Training" means a program of training approved by the
54-21 Director that:
55-22 (1) provides an eligible individual with the basic
56-23 skills to operate a farm profitably with a primary focus
57-24 on regenerating the soil, ecosystem, and local community;
58-25 (2) provides a course of study that is equivalent to
59-26 no less than 30 academic credit hours of study, which may
38+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3556 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
39+New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
40+New Act
41+30 ILCS 105/5.990 new
42+Creates the Black Farmer Restoration Program Act. Creates the Black Farmer Restoration Program within the Illinois Department of Agriculture to support current Black farmers and to encourage the growth of Black farmers into the field of agriculture. Creates the Black Farmer Restoration Fund as a special fund in the State treasury. Provides that the Fund shall consist of gifts, grants, donations, and appropriations which must be made to support the Program. Provides that expenditures from the Fund must be used exclusively to pay costs, fees, and expenses necessary to administer the Program. Establishes requirements and limitations for the Program. Establishes the Farm Conservation Corps to provide training in an on-field environment for socially disadvantaged residents. Provides that the Director shall make publicly available annual reports describing data on the recipients of the Department programs, including assistance from farm subsidy programs, and the amounts of the assistance, delineated by the race, ethnicity, and gender of the recipients. Defines terms. Effective immediately.
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45+A BILL FOR
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70-1 be provided as direct in-field instruction;
71-2 (3) focuses on low capital-intensive techniques and
72-3 technologies; and
73-4 (4) studies local and regional food systems and the
74-5 market opportunities those systems present.
75-6 Section 10. Black Farmer Restoration Program Fund.
76-7 (a) The Black Farmer Restoration Program Fund is created
77-8 as a special fund in the State treasury. Except as provided in
78-9 subsection (b), the moneys in the fund, upon appropriation by
79-10 the General Assembly, shall be used for the purposes of the
80-11 program, which include the purchase of agricultural
81-12 conservation easements, fee title acquisition grants to
82-13 private landowners, socially disadvantaged farmers, and
83-14 limited resource farmers, land improvement and planning
84-15 grants, technical assistance grants, technical assistance
85-16 provided by the Department, technology transfer activities of
86-17 the Department, and administrative costs incurred by the
87-18 Department in administering the program.
88-19 (b) Notwithstanding subsection (a), moneys may be
89-20 deposited into the fund from federal grants, and gifts and
90-21 donations that are designated and required by the donor to be
91-22 used exclusively for the purposes of the program.
92-23 (c) Not to exceed 10% of all grants made by the Department
93-24 under this Act may be made for land improvement purposes,
94-25 technical assistance purposes, and policy planning purposes.
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105-1 Not less than 90% of funds available for grants under this Act
106-2 shall be expended for the acquisition of interests in land.
107-3 For purposes of this Act, the expenditures specified in this
108-4 subsection shall be deemed expenditures for the acquisition of
109-5 interests in land. Not less than 75% of funds shall be provided
110-6 to applicants that lease or sell to socially disadvantaged
111-7 farmers. Moneys in the fund shall also be available for the
112-8 following purposes:
113-9 (1) To provide technical assistance grants to eligible
114-10 assistance entities in support of socially disadvantaged
115-11 farmers who are seeking financing for land acquisition or
116-12 leasing. For purposes of this Section, technical
117-13 assistance includes, but is not limited to, organizing,
118-14 advising, counseling, educating, planning, drafting,
119-15 translating, interpreting, and consulting with socially
120-16 disadvantaged farmers for the purpose of preparing them
121-17 for favorable financing for land acquisition or
122-18 negotiating leasing arrangements.
123-19 (2) To provide acquisition assistance grants to
124-20 eligible assistance entities for the sole purpose of
125-21 reducing barriers to land access for socially
126-22 disadvantaged farmers, including, but not limited to, down
127-23 payment assistance, interest rate assistance, direct costs
128-24 incidental to acquisition, and infrastructure for land
129-25 improvement.
130-26 (3) To provide technical assistance grants to eligible
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71+1 Revenue Code of 1986;
72+2 (2) that has a minimum of 3 years of experience
73+3 providing agricultural services, business assistance,
74+4 legal assistance, or advocacy services to socially
75+5 disadvantaged farmers; and
76+6 (3) in which at least one-half of the members of the
77+7 organization's board of directors are Black.
78+8 "Socially disadvantaged farmer" means a farmer who is a
79+9 member of a socially disadvantaged group.
80+10 "Socially disadvantaged group" means a group of people
81+11 whose members have been subject to racial or ethnic prejudice
82+12 because of their identity as a member of a group without regard
83+13 to their individual qualities.
84+14 "Training" means a program of training approved by the
85+15 Director that:
86+16 (1) provides an eligible individual with the basic
87+17 skills to operate a farm profitably with a primary focus
88+18 on regenerating the soil, ecosystem, and local community;
89+19 (2) provides a course of study that is equivalent to
90+20 no less than 30 academic credit hours of study, which may
91+21 be provided as direct in-field instruction;
92+22 (3) focuses on low capital-intensive techniques and
93+23 technologies; and
94+24 (4) studies local and regional food systems and the
95+25 market opportunities those systems present.
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141-1 assistance entities in support of socially disadvantaged
142-2 farmers who are seeking financing for land acquisition or
143-3 leasing. For purposes of this paragraph (3), technical
144-4 assistance includes, but is not limited to, organizing,
145-5 advising, counseling, educating, planning, drafting,
146-6 translating, interpreting, and consulting with socially
147-7 disadvantaged farmers for the purpose of preparing them
148-8 for favorable financing for land acquisition or
149-9 negotiating leasing arrangements.
150-10 (4) To provide acquisition assistance grants to
151-11 eligible assistance entities for the sole purpose of
152-12 reducing barriers to land access for socially
153-13 disadvantaged farmers, including, but not limited to, down
154-14 payment assistance, interest rate assistance, direct costs
155-15 incidental to acquisition, and infrastructure for land
156-16 improvement.
157-17 Section 15. Department and Director responsibilities.
158-18 (a) Subject to appropriation, the Department shall:
159-19 (1) purchase, from willing sellers, available
160-20 agricultural land within this State at a price no greater
161-21 than fair market value; and
162-22 (2) convey grants of the purchased land to eligible
163-23 individuals at no cost to the eligible individual.
164-24 (b) A land grant to an eligible individual may not exceed
165-25 one hundred acres.
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106+1 Section 10. Black Farmer Restoration Program. The Black
107+2 Farmer Restoration Program is created within the Illinois
108+3 Department of Agriculture to support current Black farmers and
109+4 to encourage the growth of Black farmers into the field of
110+5 agriculture. The Black Farmer Restoration Fund is created as a
111+6 special fund in the State treasury. The Fund shall consist of
112+7 gifts, grants and donations, and appropriations which must be
113+8 made to support the Program. Expenditures from the Fund must
114+9 be used exclusively to pay costs, fees, and expenses necessary
115+10 to administer the Program.
116+11 Section 15. Department and Director responsibilities.
117+12 (a) The Department shall:
118+13 (1) purchase, from willing sellers, available
119+14 agricultural land within this State at a price no greater
120+15 than fair market value; and
121+16 (2) convey grants of the purchased land to eligible
122+17 individuals at no cost to the eligible individual.
123+18 (b) A land grant to an eligible individual may not exceed
124+19 one hundred acres.
125+20 (c) Eligible individuals:
126+21 (1) An eligible individual seeking a land grant shall
127+22 submit an application on a form and in a manner approved by
128+23 the Director that must include a legal description of the
129+24 eligible agricultural land.
130+25 (2) The Director shall give priority to applications
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176-1 (c) Eligible individuals:
177-2 (1) An eligible individual seeking a land grant shall
178-3 submit an application on a form and in a manner approved by
179-4 the Director that must include a legal description of the
180-5 eligible agricultural land.
181-6 (2) The Director shall give priority to applications
182-7 to:
183-8 (A) socially disadvantaged farmers;
184-9 (B) eligible individuals with a family history of
185-10 land dispossession;
186-11 (C) eligible individuals with experience in
187-12 agriculture, including experience obtained through the
188-13 provisions of this article; and
189-14 (D) eligible individuals who are veterans.
190-15 (3) The Director may grant an application submitted by
191-16 a qualified entity on behalf of one or more eligible
192-17 individuals seeking a land grant. An application submitted
193-18 by a qualified entity for more than one hundred acres must
194-19 include a proposal for how the land will be subdivided and
195-20 separately conveyed to multiple eligible individuals.
196-21 (d) Granted land.
197-22 (1) The Director shall attach an agricultural easement
198-23 to the land before it may be conveyed to the eligible
199-24 individual or qualified entity.
200-25 (2) The recipient of the land grant may sell the land,
201-26 but the Department has the right of first refusal to
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141+1 to:
142+2 (A) socially disadvantaged farmers;
143+3 (B) eligible individuals with a family history of
144+4 land dispossession;
145+5 (C) eligible individuals with experience in
146+6 agriculture, including experience obtained through the
147+7 provisions of this article; and
148+8 (D) eligible individuals who are veterans.
149+9 (3) The Director may grant an application submitted by
150+10 a qualified entity on behalf of one or more eligible
151+11 individuals seeking a land grant. An application submitted
152+12 by a qualified entity for more than one hundred acres must
153+13 include a proposal for how the land will be subdivided and
154+14 separately conveyed to multiple eligible individuals.
155+15 (d) Granted land.
156+16 (1) The Director shall attach an agricultural easement
157+17 to the land before it may be conveyed to the eligible
158+18 individual or qualified entity.
159+19 (2) The recipient of the land grant may sell the land,
160+20 but the Department has the right of first refusal to
161+21 purchase the land at the appraised value of the land to
162+22 convey to another eligible individual pursuant to the
163+23 provisions of this article.
164+24 Section 20. Farm Conservation Corps.
165+25 (a) The Department shall establish the Farm Conservation
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212-1 purchase the land at the appraised value of the land to
213-2 convey to another eligible individual pursuant to the
214-3 provisions of this article.
215-4 Section 20. Farm Conservation Corps.
216-5 (a) Subject to appropriation and in partnership with the
217-6 University of Illinois Extension, the Department shall
218-7 establish the Farm Conservation Corps to provide residents
219-8 between the ages of 18 and 29 from socially disadvantaged
220-9 groups the academic, vocational, and social skills necessary
221-10 to pursue long-term and productive careers in agriculture.
222-11 (b) The members of the Farm Conservation Corps shall serve
223-12 as on-farm apprentices, at no cost, to farms with an annual
224-13 gross farm income of less than $250,000 operated by:
225-14 (1) socially disadvantaged farmers;
226-15 (2) beginning farmers; or
227-16 (3) farmers operating certified organic farms.
228-17 Section 25. Data collection and reporting.
229-18 (a) Generally. Subject to appropriation, the Director
230-19 shall make publicly available annual reports describing data
231-20 on the recipients of the Department programs, including
232-21 assistance from farm subsidy programs, and the amounts of the
233-22 assistance, delineated by the race, ethnicity, and gender of
234-23 the recipients.
235-24 (b) Research of socially disadvantaged farmers. Subject to
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176+1 Corps to provide residents between the ages of 18 and 29 from
177+2 socially disadvantaged groups the academic, vocational, and
178+3 social skills necessary to pursue long-term and productive
179+4 careers in agriculture.
180+5 (b) The members of the Farm Conservation Corps shall serve
181+6 as on-farm apprentices, at no cost, to farms with an annual
182+7 gross farm income of less than $250,000 operated by:
183+8 (1) socially disadvantaged farmers;
184+9 (2) beginning farmers; or
185+10 (3) farmers operating certified organic farms.
186+11 Section 25. Data collection and reporting.
187+12 (a) Generally. The Director shall make publicly available
188+13 annual reports describing data on the recipients of the
189+14 Department programs, including assistance from farm subsidy
190+15 programs, and the amounts of the assistance, delineated by the
191+16 race, ethnicity, and gender of the recipients.
192+17 (b) Research of socially disadvantaged farmers and
193+18 ranchers. The Department shall conduct research on the status
194+19 of socially disadvantaged farmers and ranchers, including, but
195+20 not limited to:
196+21 (1) the share of land ownership of those socially
197+22 disadvantaged farmers and ranchers as compared to all
198+23 farmers and ranchers, delineated by the race, ethnicity,
199+24 and gender of the landowners;
200+25 (2) the share of the amount of assistance those
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246-1 appropriation, the Department shall conduct research on the
247-2 status of socially disadvantaged farmers, including, but not
248-3 limited to:
249-4 (1) the share of land ownership of those socially
250-5 disadvantaged farmers as compared to all farmers,
251-6 delineated by the race, ethnicity, and gender of the
252-7 landowners;
253-8 (2) the share of the amount of assistance those
254-9 socially disadvantaged farmers receive from the Department
255-10 as compared to all farmers, delineated by the race,
256-11 ethnicity, and gender of the recipients;
257-12 (3) the share, status, and receipt of loans by
258-13 socially disadvantaged farmers as compared to all farmers,
259-14 delineated by the race, ethnicity, and gender of the
260-15 recipients; and
261-16 (4) an assessment of the reasons for disparities in
262-17 land ownership, assistance from the Department, and loans
263-18 for socially disadvantaged farmers compared to all
264-19 farmers.
265-20 (c) Research of farmworkers. Subject to appropriation, the
266-21 Department shall conduct research on the demographics and
267-22 status of farmworkers, including, but not limited to:
268-23 (1) the races, ethnicities, ages, localities, wages
269-24 and benefits, and working conditions of farmworkers;
270-25 (2) the economic contributions of farmworkers to the
271-26 Illinois economy; and
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211+1 socially disadvantaged farmers and ranchers receive from
212+2 the Department as compared to all farmers and ranchers,
213+3 delineated by the race, ethnicity, and gender of the
214+4 recipients;
215+5 (3) the share, status, and receipt of loans by
216+6 socially disadvantaged farmers and ranchers as compared to
217+7 all farmers and ranchers, delineated by the race,
218+8 ethnicity, and gender of the recipients; and
219+9 (4) an assessment of the reasons for disparities in
220+10 land ownership, assistance from the Department, and loans
221+11 for socially disadvantaged farmers and ranchers compared
222+12 to all farmers and ranchers.
223+13 (c) Research of farmworkers. The Department shall conduct
224+14 research on the demographics and status of farmworkers,
225+15 including, but not limited to:
226+16 (1) the races, ethnicities, ages, localities, wages
227+17 and benefits, and working conditions of farmworkers;
228+18 (2) the economic contributions of farmworkers to the
229+19 Illinois economy; and
230+20 (3) satisfaction of farmworkers with their employment.
231+21 (d) Census of agriculture. The Department shall:
232+22 (1) investigate historical changes in reporting
233+23 methodology and misreporting of Black farmers and ranchers
234+24 in the census of agriculture;
235+25 (2) develop procedures to ensure that census of
236+26 agriculture surveys accurately capture the status of
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282-1 (3) satisfaction of farmworkers with their employment.
283-2 (d) Census of agriculture. The Department shall:
284-3 (1) investigate historical changes in reporting
285-4 methodology and misreporting of socially disadvantaged
286-5 farmers in the census of agriculture;
287-6 (2) develop procedures to ensure that census of
288-7 agriculture surveys accurately capture the status of
289-8 socially disadvantaged farmers engaged in urban
290-9 agriculture; and
291-10 (3) conduct, concurrently with each census of
292-11 agriculture, a review to assess:
293-12 (A) the outreach and methodologies used in
294-13 conducting the census of agriculture; and
295-14 (B) how such outreach and methodologies have
296-15 affected the counting of socially disadvantaged
297-16 farmers.
298-17 (e) Corporate ownership of farmland. Subject to
299-18 appropriation, the Department shall annually conduct, and
300-19 annually make publicly available reports describing, in-depth
301-20 research and analysis of corporate (domestic and foreign) land
302-21 investment and ownership in Illinois, with specific attention
303-22 given to the impact of corporate land investment and ownership
304-23 on:
305-24 (1) land consolidation trends in Illinois and in the
306-25 United States;
307-26 (2) challenges and opportunities for new and beginning
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247+1 socially disadvantaged farmers and ranchers engaged in
248+2 urban agriculture; and
249+3 (3) conduct, concurrently with each census of
250+4 agriculture, a review to assess:
251+5 (A) the outreach and methodologies used in
252+6 conducting the census of agriculture; and
253+7 (B) how such outreach and methodologies have
254+8 affected the counting of socially disadvantaged
255+9 farmers and ranchers.
256+10 (e) Corporate ownership of farmland. The Department shall
257+11 annually conduct, and annually make publicly available reports
258+12 describing, in-depth research and analysis of corporate
259+13 (domestic and foreign) land investment and ownership in
260+14 Illinois, with specific attention given to the impact of
261+15 corporate land investment and ownership on:
262+16 (1) land consolidation trends in Illinois and in the
263+17 United States;
264+18 (2) challenges and opportunities for new and beginning
265+19 farmers and ranchers accessing land for farming or
266+20 ranching;
267+21 (3) challenges and opportunities for members of
268+22 socially disadvantaged groups accessing land for farming
269+23 or ranching; and
270+24 (4) crop selection and production trends.
271+25 Section 35. Rulemaking. The Department shall adopt rules
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318-1 farmers accessing land for farming;
319-2 (3) challenges and opportunities for members of
320-3 socially disadvantaged groups accessing land for farming;
321-4 and
322-5 (4) crop selection and production trends.
323-6 Section 35. Rulemaking. The Department shall adopt rules
324-7 to carry out the provisions of this Act.
325-8 Section 90. The State Finance Act is amended by adding
326-9 Section 5.990 as follows:
327-10 (30 ILCS 105/5.990 new)
328-11 Sec. 5.990. The Black Farmer Restoration Program Fund.
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282+1 to carry out the provisions of this Act.
283+2 Section 90. The State Finance Act is amended by adding
284+3 Section 5.990 as follows:
285+4 (30 ILCS 105/5.990 new)
286+5 Sec. 5.990. The Black Farmer Restoration Fund.
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