IL SB2151 | 2009-2010 | 96th General Assembly

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on February 20 2009 - 25% progression, died in committee
Action: 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Creates the Farmer Protection Act. Provides that the release by a manufacturer of a genetically engineered plant shall constitute a private nuisance for which the manufacturer shall be liable only if the release (i) causes the presence of the plant within the property owned or occupied by a person for whom the plant presence was not intended and (ii) results in damage in any calendar year that exceeds $3,500. Provides that defenses at law or equity available in a private nuisance action apply to actions brought under this Act. Provides that a person owning or occupying the property upon which a nuisance release occurs does not have a duty to establish buffer zones, segregation protocols, or otherwise initiate measures to protect specifically against the potential release of genetically engineered plants. Provides that a person who is not in breach of a seed contract regarding the purchase or use of a genetically engineered plant and that unknowingly comes into possession of a genetically engineered plant shall not be liable for certain damages. Authorizes, under certain conditions, a seed supplier or, in some cases, the Director of Agriculture or his or her designee to enter upon real property farmed by another person for the purpose of obtaining crop samples. Authorizes the seed supplier to petition the circuit court for the county in which the real property is located for an order granting permission to enter upon the farmer's real property. Sets forth protocols for inspections. Provides that a farmer has a right of action against a seed supplier for violations of the Act and may recover certain damages. Effective immediately.

Tracking Information

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Title

FARMER PROTECTION ACT

Sponsors


History

DateChamberAction
2009-03-13 Rule 3-9(a) / Re-referred to Assignments
2009-03-13 Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
2009-03-11 To Judiciary Subcommittee on Property and the Environment
2009-03-11 Senate Committee Amendment No. 1 To Judiciary Subcommittee on Property and the Environment
2009-03-10 Senate Committee Amendment No. 1 Assignments Refers to Judiciary
2009-03-09 Senate Committee Amendment No. 1 Referred to Assignments
2009-03-09 Senate Committee Amendment No. 1 Filed with Secretary by Sen. John O. Jones
2009-03-04 Assigned to Judiciary
2009-02-20 Referred to Assignments
2009-02-20 First Reading
2009-02-20 Filed with Secretary by Sen. John O. Jones

Illinois State Sources


Bill Comments

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