95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1984


 
Introduced 2/7/2008, by Sen. Michael W. Frerichs
 
SYNOPSIS AS INTRODUCED:
 		








    



505 ILCS 130/3
  from Ch. 5, par. 553


505 ILCS 130/16
  from Ch. 5, par. 566







    Amends the Soybean Marketing Act. Defines "net market price". Changes the assessment after the first 5 years from "2¢ per bushel" to "1/2 of 1% of the net market price".
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1984

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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 Soybean Marketing Act is amended  by changing 
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Sections 3 and 16 as follows:
 



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    (505 ILCS 130/3)  (from Ch. 5, par. 553)



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    Sec. 3. For the purpose of this Act, unless the context 
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clearly requires
otherwise:

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    (a) "Soybean" means and includes all kinds and varieties of 
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soybeans
grown in this State and marketed and sold as soybeans 
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by the producer.

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    (b) "Person" means any natural person, partnership, 
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corporation,
society, association, representative or other 
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fiduciary.

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    (c) "Producer" means any person engaged in this State in 
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the business of
producing and marketing soybeans, unless 
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otherwise defined in marketing
program.

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    (d) "First purchaser" means any person who resells soybeans 
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purchased
from a producer or offers for sale any product 
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produced from such soybeans
for any purpose.

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    (e) "Market Development" means to engage in research and 
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educational
programs directed toward better and more efficient 
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utilization of soybeans;
to provide methods and means for the 
 


 






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maintenance of present markets; for
the development of new and 
2
larger domestic and foreign markets.

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    (f) "Marketing program" means any program established 
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under this Act
which prescribes procedures for the development 
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of
markets for soybeans and soybean products.

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    (g) "Program operating board" means the board established 
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by any
marketing program to administer such programs.

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    (h) "Director" means the Director of the Department of 
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Agriculture of
the State of Illinois.

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    (i) "Department" means the Department of Agriculture of the 
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State of
Illinois.

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    (j) "Bushel" means 60 pounds of soybeans by weight.

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    (k) "Net market price" means:
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        (1) except as provided in item (2), the sales price or 
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    other value received by a producer for soybeans after 
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    adjustments for any premium or discount based on grading or 
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    quality factors; or
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        (2) for soybeans pledged as collateral for a loan 
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    issued under any price support loan program administered by 
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    the Commodity Credit Corporation, the principal amount of 
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    the loan. 
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(Source: P.A. 83-80.)

 



23
    (505 ILCS 130/16)  (from Ch. 5, par. 566)



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    Sec. 16. Any properly qualified marketing program shall 
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provide for assessments
against producers of the affected 
 


 






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commodity to defray the costs of the
activities provided for in 
2
the marketing program. Assessments authorized in
a marketing 
3
program shall be based on the quantity of commodity produced

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and shall be equitably assessed against all affected producers. 
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The total
maximum assessment levied on the commodity of any 
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affected producer shall
not exceed 1/4¢ per bushel of soybeans 
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produced and sold by that producer
during the first year a 
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program is in operation, 1/2¢ per bushel of
soybeans produced 
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and sold by that producer during the next 4 years a
program is 
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in operation and 1/2 of 1% of the net market price 2¢ per 
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bushel of soybeans produced and sold by
that producer for all 
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subsequent years.
Assessments authorized in a marketing 
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program shall not be used for
political activity of any kind 
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whatsoever or for preferential treatment of
any person to the 
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detriment of other persons in the marketing program. The

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program operating board may require the first purchaser of 
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soybeans to
withhold and remit such assessments to the board. A 
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first purchaser
remitting the assessments for any producer may 
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deduct the proper amount of
assessment from any amount which he 
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owes to such producer. The program
operating board shall have 
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the power to cause any duly authorized agent or
representative 
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to enter upon the premises of any purchaser of soybeans and

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examine or cause to be examined by such agent only books, 
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papers and
records which deal in any way with respect to the 
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payment of the assessment
or enforcement of this Act.

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(Source: P.A. 85-181.)