Illinois General Assembly - Full Text of HB3101
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Full Text of HB3101  99th General Assembly

HB3101enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Livestock Auction Market Law is amended by
5changing Section 6.2 as follows:
 
6    (225 ILCS 640/6.2)  (from Ch. 121 1/2, par. 213b)
7    Sec. 6.2. The Department may refuse to issue or may suspend
8the license of any person upon the complaint in writing from
9the Checkoff Division of the Illinois Beef Association Board of
10Governors Illinois Beef Council indicating that the person has
11failed to properly remit or deduct funds as required by Section
129 of the Beef Market Development Act.
13(Source: P.A. 87-172.)
 
14    Section 10. The Illinois Livestock Dealer Licensing Act is
15amended by changing Sections 9 and 9.2 as follows:
 
16    (225 ILCS 645/9)  (from Ch. 111, par. 409)
17    Sec. 9. The Department may refuse to issue or renew or may
18suspend or revoke a license on any of the following grounds:
19    a. Material misstatement in the application for original
20license or in the application for any renewal license under
21this Act;

 

 

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1    b. Wilful disregard or violation of this Act, or of any
2other Act relative to the purchase and sale of livestock,
3feeder swine or horses, or of any regulation or rule issued
4pursuant thereto;
5    c. Wilfully aiding or abetting another in the violation of
6this Act or of any regulation or rule issued pursuant thereto;
7    d. Allowing one's license under this Act to be used by an
8unlicensed person;
9    e. Conviction of any felony, if the Department determines,
10after investigation, that such person has not been sufficiently
11rehabilitated to warrant the public trust;
12    f. Conviction of any crime an essential element of which is
13misstatement, fraud or dishonesty;
14    g. Conviction of a violation of any law in Illinois or any
15Departmental rule or regulation relating to livestock;
16    h. Making substantial misrepresentations or false promises
17of a character likely to influence, persuade or induce in
18connection with the livestock industry;
19    i. Pursuing a continued course of misrepresentation of or
20making false promises through advertising, salesmen, agents or
21otherwise in connection with the livestock industry;
22    j. Failure to possess the necessary qualifications or to
23meet the requirements of this Act for the issuance or holding a
24license;
25    k. Failure to pay for livestock after purchase;
26    l. Issuance of checks for payment of livestock when funds

 

 

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1are insufficient;
2    m. Determination by a Department audit that the licensee or
3applicant is insolvent;
4    n. Operating without adequate bond coverage or its
5equivalent required for licensees.
6    o. Failing to remit the assessment required in Section 9 of
7the Beef Market Development Act upon written complaint of the
8Checkoff Division of the Illinois Beef Association Board of
9Governors Illinois Beef Council.
10    The Department may refuse to issue or may suspend the
11license of any person who fails to file a return, or to pay the
12tax, penalty or interest shown in a filed return, or to pay any
13final assessment of tax, penalty or interest, as required by
14any tax Act administered by the Illinois Department of Revenue,
15until such time as the requirements of any such tax Act are
16satisfied.
17(Source: P.A. 87-172.)
 
18    (225 ILCS 645/9.2)  (from Ch. 111, par. 409.2)
19    Sec. 9.2. The Department may refuse to issue or may suspend
20the license of any person upon the complaint in writing from
21the Checkoff Division of the Illinois Beef Association Board of
22Governors Illinois Beef Council indicating that the person has
23failed to properly remit or deduct funds as required by Section
249 of the Beef Market Development Act.
25(Source: P.A. 87-172)
 

 

 

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1    Section 15. The Beef Market Development Act is amended by
2changing Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 13, and 14 as
3follows:
 
4    (505 ILCS 25/2)  (from Ch. 5, par. 1402)
5    Sec. 2. Definitions. In this Act, unless the context
6otherwise requires:
7    (a) "Beef" and "Beef products" means the meat intended for
8human consumption from any bovine animal, regardless of age,
9including veal.
10    (b) "Cattle" means such animals as may be so designated by
11federal law, including such marketing, promotion and research
12orders as may from time to time be in effect. Unless such
13federal law provides to the contrary, "cattle" means all bovine
14animals, regardless of age, including calves, except that
15cattle provided for dairy purposes shall be excluded during
16their useful life as dairy animals. A cow and nursing calf sold
17together shall be considered one unit.
18    (c) "Checkoff Division" means the Checkoff Division of the
19Illinois Beef Association Board of Governors. "Council" means
20the operating committee established under this Act to
21administer and govern the program.
22    (d) "Person" means any natural person, partnership,
23corporation, company, association, society, trust or other
24business unit or organization.

 

 

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1    (e) "Market Agent", "Market Agency", "Collection Agent" or
2"Collection Agency" means any person who sells, offers for
3sale, markets, distributes, trades or processes cattle which
4has been purchased or acquired from a producer, or which is
5marketed on behalf of a producer, and further includes
6meatpacking firms and their agents which purchase or consign to
7purchase cattle.
8    (f) "Director" means a member of the Checkoff Division
9Illinois Beef Council.
10    (g) "Board" means the elected members of the Checkoff
11Division Illinois Beef Council.
12    (h) "Producer" means a person that has owned or sold cattle
13in the previous calendar year or presently owns cattle.
14(Source: P.A. 84-1273; 84-1276.)
 
15    (505 ILCS 25/3)  (from Ch. 5, par. 1403)
16    Sec. 3. Name and purposes.
17    (a) The name of the program created and organized by this
18Act shall be the Illinois Beef Association Checkoff Division
19Illinois Beef Council.
20    (b) The purposes and objectives of the program shall
21include:
22        (1) To promote the sale and use of beef and beef
23    products and to support national beef promotion, research,
24    education, and other consumer marketing activities at a
25    funding level to be determined by the Checkoff Division

 

 

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1    Council and to otherwise support consumer market
2    development and promotion efforts on a national or
3    international scale;
4        (2) To develop new uses and markets for beef and beef
5    products;
6        (3) To develop and improve methods of distributing beef
7    and beef products to the consumer;
8        (4) To develop methods of improving the quality of beef
9    and beef products for the consumer benefit;
10        (5) To inform and educate the public of the nutritive
11    and economic values of beef and beef products;
12        (6) To function in a liaison capacity within the beef
13    and other food industries of the State and elsewhere in
14    matters that would increase efficiencies which ultimately
15    benefit both consumer and industry.
16(Source: P.A. 88-571, eff. 8-11-94.)
 
17    (505 ILCS 25/4)  (from Ch. 5, par. 1404)
18    Sec. 4. Governing board. With a favorable vote of beef
19producers in the State of Illinois to support an
20assessment/deduction rate, as determined by referendum, of up
21to 50˘ per head of cattle sold in Illinois to finance the
22intent and purpose of this Act, there shall be created a
23Checkoff Division an Illinois Beef Council governed by a board
24of directors of 14 members. Two directors shall be elected by
25beef producers from each of seven compact and contiguous

 

 

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1districts, apportioned as nearly as practicable according to
2the cattle-on-farms census report taken from the latest
3available United States Department of Agriculture records.
4    No county in Illinois shall be apportioned in more than one
5district. The seven districts shall be re-apportioned by the
6Checkoff Division Council every 9 years, according to the
7latest available United States Department of Agriculture
8cattle-on-farms census records. An elected director shall not
9become ineligible to serve his or her elected term through any
10re-apportionment.
11    Term of office. The 14 directors shall be elected to serve
12a three year term and may be reelected to serve an additional
13consecutive term. An elected director shall be a resident of
14Illinois, and shall be a beef producer who has been a beef
15producer for at least the 5 years prior to his or her election.
16A qualified beef producer may be elected to serve on the board
17only if he or she has submitted, by registered mail to the
18Checkoff Division Illinois Beef Council office, a nominating
19petition containing signatures of more than 50 beef producers
20from the district he or she may seek to represent. Only the 2
21candidates receiving the greatest number of votes cast from
22that district shall be elected.
23    On the first elected board of directors, one term of office
24from each district shall be limited to two years; the two year
25term to be determined by lottery at the first meeting of the
26Checkoff Division Illinois Beef Council. No member may serve

 

 

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1more than two consecutive terms.
2    All Checkoff Division Beef Council board positions shall be
3unsalaried. However, the board members may be reimbursed for
4travel and other expenses incurred in carrying out the intent
5and purposes of this Act.
6    It shall be the responsibility of the Checkoff Division
7Council to conduct the election of new board members within 30
8days before the end of any elected board member's term of
9office. Newly elected board members shall assume their office
10at the first meeting of the Checkoff Division Council after
11their election to office, which shall be convened within 30
12days after the election. Notice of such meeting shall be sent
13to the members of the Checkoff Division Illinois Beef Council
14by certified mail at least 10 days prior thereto, stating the
15time, date and place of the meeting.
16    Notice of elections of members of the board shall be given
17at least once in trade publications, the public press, and
18statewide newspapers at least 30 days prior to such election.
19    The Checkoff Division Council may declare the office of a
20board member vacant and appoint a beef producer from that
21district to serve the unexpired term of any member unable or
22unwilling to complete his or her term of office.
23(Source: P.A. 88-571, eff. 8-11-94.)
 
24    (505 ILCS 25/6)  (from Ch. 5, par. 1406)
25    Sec. 6. Powers and duties of the Checkoff Division Council.

 

 

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1(a) The Checkoff Division Council shall:
2    (1) Receive and disburse funds, as prescribed elsewhere in
3this Act, to be used in administering and implementing the
4provisions and intent of this Act;
5    (2) Annually elect a Chairman from among its members who
6may succeed himself for not more than one term;
7    (3) Annually elect a Secretary-Treasurer from among its
8members;
9    (4) Meet regularly, not less often than one time each
10calendar quarter or at such other times as called by the
11Chairman, or when requested by four or more members of the
12Checkoff Division Council, all meetings to be held under the
13Open Meetings Act of the State of Illinois;
14    (5) Maintain a permanent record of its business
15proceedings;
16    (6) Maintain a permanent and detailed record of its
17financial dealings;
18    (7) Prepare periodic reports and an annual report of its
19activities for the fiscal year, for review of the beef industry
20of the State, and the annual report is to be filed with the
21Illinois Director of Agriculture;
22    (8) Prepare periodic reports and an annual accounting for
23the fiscal year of all receipts and expenditures for review of
24the beef industry of the State, and shall retain a certified
25public accountant for this purpose;
26    (9) Appoint a licensed banking institution as the

 

 

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1depository for program funds and disbursements;
2    (10) Maintain frequent communication with officers and
3industry representatives of the National Livestock and Meat
4Board.
5    (11) Maintain an office at a specific location in Illinois.
6    (b) The Checkoff Division Council may:
7    (1) Conduct or contract for scientific research with any
8accredited university, college or similar institution; and,
9enter into other contracts or agreements which will aid in
10carrying out the purposes of the program, including contracts
11for the purchase or acquisition of facilities or equipment
12necessary to carry out the purposes of the program;
13    (2) Disseminate reliable information benefiting the
14consumer and the beef industry on such subjects as, but not
15limited to, purchase, identification, care, storage, handling,
16cookery, preparation, serving and nutritive value of beef and
17beef products;
18    (3) Provide information to such various government bodies
19as request it, on subjects of concern to the beef industry; and
20further, act jointly or in cooperation with the State or
21Federal government, and agencies thereof, in the development or
22administration of programs deemed by the Checkoff Division
23Council as consistent with the objectives of the programs;
24    (4) Sue and be sued as a Checkoff Division Council without
25individual liability of the members for acts of the Checkoff
26Division Council when acting within the scope of the powers of

 

 

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1this Act, and in the manner prescribed by the laws of the
2State;
3    (5) Borrow money from licensed lending institutions in
4amounts which are not cumulatively greater than 50% of
5anticipated annual income;
6    (6) Maintain a financial reserve for emergency use, the
7total of which shall not exceed 50% of anticipated annual
8income;
9    (7) Appoint advisory groups composed of representatives
10from organizations, institutions, governments or business
11related to or interested in the welfare of the beef industry
12and the consuming public;
13    (8) Employ subordinate officers and employees of the
14Checkoff Division Council and prescribe their duties and fix
15their compensation and terms of employment;
16    (9) Cooperate with any local, State, regional or nationwide
17organization or agency engaged in work or activities consistent
18with the objectives of the program.
19    (10) Cause any duly authorized agent or representative to
20enter upon the premises of any market agency, market agent,
21collection agent, or collection agency and examine or cause to
22be examined by such agent only books, papers, and records which
23deal in any way with respect to the payment of the
24assessment/deduction or enforcement of this Act.
25(Source: P.A. 84-343; 84-584.)
 

 

 

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1    (505 ILCS 25/7)  (from Ch. 5, par. 1407)
2    Sec. 7. Acceptance of grants and gifts. (a) The Checkoff
3Division Council may accept grants, donations, contributions
4or gifts from any source, provided the use of such resources is
5not restricted in any manner which is deemed inconsistent with
6the objectives of the program.
7(Source: P.A. 83-84.)
 
8    (505 ILCS 25/8)  (from Ch. 5, par. 1408)
9    Sec. 8. Payments to organizations. (a) As described
10heretofore, the Checkoff Division Council may pay funds to
11other organizations for work or services performed which are
12consistent with the objectives of the program.
13    (b) Prior to making payments described in this Section, the
14Checkoff Division Council shall secure agreements in writing
15that such organization receiving payment shall:
16    (1) Furnish not less often than annual, or on request of
17the Checkoff Division Council, written or printed reports of
18program activities and reports of financial data which are
19relative to the Checkoff Division's Council's funding of such
20activities;
21    (2) Agree to have appropriate representatives attend
22business meetings of the Checkoff Division Council as
23reasonably requested by the Chairman of the Checkoff Division
24Council.
25    (c) The Checkoff Division Council may require adequate

 

 

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1proof of security bonding on funds paid to any individual,
2business or other organizations.
3(Source: P.A. 84-343; 84-584.)
 
4    (505 ILCS 25/9)  (from Ch. 5, par. 1409)
5    Sec. 9. Collection of monies at time of marketing.
6    (a) Every marketing agency licensed to do business in the
7State of Illinois shall deduct from the gross receipts of the
8seller, at the time of sale, an assessment established by
9referendum up to 50˘ per head, as recommended by the Checkoff
10Division Council, on all cattle marketed in the State in
11addition to any assessment for a National Promotion Research
12Program, created by federal law, which may be in effect.
13    (b) The collecting agent shall assemble all such monies and
14forward them to the Checkoff Division Council on a regular
15basis, not less often than monthly, and the Checkoff Division
16Council shall provide appropriate business forms for the
17convenience of the collecting agent in executing this duty.
18    Failure of the collecting agent to deduct or forward funds
19under this Section is grounds for the Checkoff Division Council
20to request the Department of Agriculture to suspend or refuse
21to issue the collecting agent's licenses issued under the
22Livestock Auction Market Law or Livestock Dealer Licensing Act.
23    (c) The Checkoff Division Council shall maintain within its
24financial record a separate accounting of all monies received
25under the provisions of this Section.

 

 

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1    (d) Any due and payable assessment/deduction required
2under this Act constitutes a personal debt of the person so
3assessed or who otherwise owes the assessment/deduction. In the
4event of failure of a person to remit any properly due
5assessment/deduction or sum, the Checkoff Division Council may
6bring a civil action against that person in the circuit court
7of any county for the collection thereof, and may add an
8additional 10% penalty assessment, cost of enforcing the
9collection of the assessment, and court costs. The action shall
10be tried and judgment rendered as in any other cause of action
11for debts due and payable. All assessments, penalty
12assessments, and enforcement costs are due and payable to the
13Checkoff Division Council.
14    (e) All monies deducted under the provisions of this
15Section shall be considered as bonafide business expenses for
16the seller as provided for under the tax laws of this State.
17    (f) The Checkoff Division Council may adopt reciprocal
18agreements with other Beef Councils or like organizations, on
19moneys collected at Illinois collecting agencies on cattle from
20other states and on Illinois cattle sold at other state
21markets.
22(Source: P.A. 87-172; 88-571, eff. 8-11-94.)
 
23    (505 ILCS 25/10)  (from Ch. 5, par. 1410)
24    Sec. 10. Refunds. (a) Any seller of cattle who has had
25monies deducted from his gross sales receipts under the

 

 

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1provisions of this Act, shall be entitled to a prompt and full
2refund. Any seller of cattle who has had monies deducted from
3his gross sale receipts under the provisions of the Federal
4Beef Promotion and Research Order, as amended from time to
5time, shall be entitled to receive a refund which may be made
6in a manner consistent with the coordination of this Act and
7the National Beef Promotion Research Program for such time as
8such Program may be in effect.
9    (b) The Checkoff Division Council shall make available to
10all collecting agents business forms permitting requests for
11refund, such forms to be submitted by the objecting cattle
12producer or owner within 30 days of the sale transaction.
13    (c) Refund claims by the cattle producer or owner shall
14include his signature, date of sale, place of sale, number of
15cattle and amount of assessment deducted, and shall have
16attached thereto proof of the assessment deducted.
17    (d) If the Checkoff Division Council has reasonable doubt
18that a refund claim is valid, it may withhold payment and take
19such action as may be deemed necessary to determine its
20validity.
21    (e) All requests for refunds shall be initiated by the
22producer only.
23(Source: P.A. 84-1273; 84-1276.)
 
24    (505 ILCS 25/11)  (from Ch. 5, par. 1411)
25    Sec. 11. Surety bond. (a) Any person authorized by the

 

 

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1Checkoff Division Council to receive or disburse funds, as
2provided by the Act, shall post with the Checkoff Division
3Council a surety bond in the amount deemed appropriate by the
4Checkoff Division Council.
5    (b) Premiums covering bonding for employees, officers or
6members of the Checkoff Division Council shall be paid by the
7Checkoff Division Council.
8    (c) No person shall knowingly fail or refuse to comply with
9any requirement of this Act. The Checkoff Division Council may
10institute any action which is necessary to enforce compliance
11with any provision of this Act and rule or regulation
12thereunder. Each day's violation constitutes a separate
13offense. In addition to any other remedy provided by law, the
14Checkoff Division Council may petition for injunctive relief
15without being required to allege or prove the absence of any
16adequate remedy at law.
17(Source: P.A. 84-343; 84-584.)
 
18    (505 ILCS 25/13)  (from Ch. 5, par. 1413)
19    Sec. 13. With the delivery by certified mail to the
20Checkoff Division Illinois Beef Council office of petitions
21from each of the 7 districts containing signatures of at least
22100 beef producers from each district, stating "Shall the Beef
23Market Development Act continue", the Checkoff Division
24Illinois Beef Council shall, within 90 days, conduct a
25referendum to determine if a majority of the beef producers

 

 

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1voting in such referendum support the continuation of the Beef
2Market Development Act. Referendums under this Section shall be
3held not more than one time each 5 years.
4(Source: P.A. 91-357, eff. 7-29-99.)
 
5    (505 ILCS 25/14)  (from Ch. 5, par. 1414)
6    Sec. 14. Bylaws. The Checkoff Division Illinois Beef
7Council shall within 90 days of this Act becoming law, adopt
8bylaws to carry out the intent and purposes of this Act. These
9bylaws can be amended with a 30 day notice to board members at
10any regular or special meeting called for this purpose.
11(Source: P.A. 83-84.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.