Full Text of HB3101 99th General Assembly
HB3101sam001 99TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 5/8/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3101
| 2 | | AMENDMENT NO. ______. Amend House Bill 3101 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Livestock Auction Market Law is amended by | 5 | | changing 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 | 8 | | the
license of any person upon the complaint in writing from | 9 | | the Checkoff Division of the Illinois Beef Association Board of | 10 | | Governors Illinois Beef
Council indicating that the person has | 11 | | failed to properly remit or deduct
funds as required by Section | 12 | | 9 of the Beef Market Development Act.
| 13 | | (Source: P.A. 87-172.)
| 14 | | Section 10. The Illinois Livestock Dealer Licensing Act is | 15 | | amended by changing Sections 9 and 9.2 as follows:
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| 1 | | (225 ILCS 645/9) (from Ch. 111, par. 409)
| 2 | | Sec. 9.
The Department may refuse to issue or renew or may | 3 | | suspend or
revoke a license on any of the following grounds:
| 4 | | a. Material misstatement in the application for original | 5 | | license or in
the application for any renewal license under | 6 | | this Act;
| 7 | | b. Wilful disregard or violation of this Act, or of any | 8 | | other Act
relative to the purchase and sale of livestock, | 9 | | feeder swine or horses, or
of any regulation or rule issued | 10 | | pursuant thereto;
| 11 | | c. Wilfully aiding or abetting another in the violation of | 12 | | this Act or
of any regulation or rule issued pursuant thereto;
| 13 | | d. Allowing one's license under this Act to be used by an | 14 | | unlicensed
person;
| 15 | | e. Conviction of any felony, if the Department determines, | 16 | | after
investigation, that such person has not been sufficiently | 17 | | rehabilitated to
warrant the public trust;
| 18 | | f. Conviction of any crime an essential element of which is
| 19 | | misstatement, fraud or dishonesty;
| 20 | | g. Conviction of a violation of any law in Illinois or any | 21 | | Departmental
rule or regulation relating to livestock;
| 22 | | h. Making substantial misrepresentations or false promises | 23 | | of a
character likely to influence, persuade or induce in | 24 | | connection with the
livestock industry;
| 25 | | i. Pursuing a continued course of misrepresentation of or |
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| 1 | | making false
promises through advertising, salesmen, agents or | 2 | | otherwise in connection
with the livestock industry;
| 3 | | j. Failure to possess the necessary qualifications or to | 4 | | meet the
requirements of this Act for the issuance or holding a | 5 | | license;
| 6 | | k. Failure to pay for livestock after purchase;
| 7 | | l. Issuance of checks for payment of livestock when funds | 8 | | are insufficient;
| 9 | | m. Determination by a Department audit that the licensee or | 10 | | applicant
is insolvent;
| 11 | | n. Operating without adequate bond coverage or its | 12 | | equivalent required
for licensees.
| 13 | | (o) Failing to remit the assessment required in Section 9 | 14 | | of the Beef
Market Development Act upon written complaint of | 15 | | the Checkoff Division of the Illinois Beef Association Board of | 16 | | Governors Illinois Beef Council .
| 17 | | The Department may refuse to issue or may suspend the | 18 | | license
of any person who fails to file a return, or to pay the | 19 | | tax, penalty or
interest shown in a filed return, or to pay any | 20 | | final assessment of tax,
penalty or interest, as required by | 21 | | any tax Act administered by the
Illinois Department of Revenue, | 22 | | until such time as the requirements of any
such tax Act are | 23 | | satisfied.
| 24 | | (Source: P.A. 87-172.)
| 25 | | (225 ILCS 645/9.2) (from Ch. 111, par. 409.2)
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| 1 | | Sec. 9.2.
The Department may refuse to issue or may suspend | 2 | | the license
of any person upon the complaint in writing from | 3 | | the Checkoff Division of the Illinois Beef Association Board of | 4 | | Governors Illinois Beef Council
indicating that the person has | 5 | | failed to properly remit or deduct funds as
required by Section | 6 | | 9 of the Beef Market Development Act.
| 7 | | (Source: P.A. 87-172)
| 8 | | Section 15. The Beef Market Development Act is amended by | 9 | | changing Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 13, and 14 as | 10 | | follows:
| 11 | | (505 ILCS 25/2) (from Ch. 5, par. 1402)
| 12 | | Sec. 2. Definitions. In this Act, unless the context
| 13 | | otherwise requires:
| 14 | | (a) "Beef" and "Beef products" means the meat intended for | 15 | | human consumption
from any bovine animal, regardless of age, | 16 | | including veal.
| 17 | | (b) "Cattle" means such animals as may be so designated by | 18 | | federal
law, including such marketing, promotion and research | 19 | | orders as may from
time to time be in effect. Unless such | 20 | | federal law provides to the
contrary, "cattle" means all bovine | 21 | | animals, regardless of age, including calves,
except that | 22 | | cattle provided for dairy purposes shall be excluded during
| 23 | | their useful life as dairy animals. A cow and nursing calf sold | 24 | | together
shall be considered one unit.
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| 1 | | (c) "Checkoff Division" means the Checkoff Division of the | 2 | | Illinois Beef Association Board of Governors. "Council" means | 3 | | the operating committee established under this Act
to | 4 | | administer and govern the program.
| 5 | | (d) "Person" means any natural person, partnership, | 6 | | corporation, company,
association, society, trust or other | 7 | | business unit or organization.
| 8 | | (e) "Market Agent", "Market Agency", "Collection Agent" or | 9 | | "Collection
Agency" means any person who sells, offers for | 10 | | sale, markets, distributes,
trades or processes cattle which | 11 | | has been purchased or acquired from a producer,
or which is | 12 | | marketed on behalf of a producer, and further includes | 13 | | meatpacking
firms and their agents which purchase or consign to | 14 | | purchase cattle.
| 15 | | (f) "Director" means a member of the Checkoff Division | 16 | | Illinois Beef Council .
| 17 | | (g) "Board" means the elected members of the Checkoff | 18 | | Division Illinois Beef Council .
| 19 | | (h) "Producer" means a person that has owned or sold cattle | 20 | | in the previous
calendar year or presently owns cattle.
| 21 | | (Source: P.A. 84-1273; 84-1276.)
| 22 | | (505 ILCS 25/3) (from Ch. 5, par. 1403)
| 23 | | Sec. 3. Name and purposes.
| 24 | | (a) The name of the program created and organized by this | 25 | | Act shall be the Illinois Beef Association Checkoff Division
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| 1 | | Illinois Beef Council .
| 2 | | (b) The purposes and objectives of the program shall | 3 | | include:
| 4 | | (1) To promote the sale and use of beef and beef | 5 | | products and to support
national beef promotion, research, | 6 | | education, and other consumer marketing
activities at a | 7 | | funding level to be determined by the Checkoff Division | 8 | | Council and to otherwise
support consumer market | 9 | | development and promotion efforts on a national or
| 10 | | international scale;
| 11 | | (2) To develop new uses and markets for beef and beef | 12 | | products;
| 13 | | (3) To develop and improve methods of distributing beef | 14 | | and beef products
to the consumer;
| 15 | | (4) To develop methods of improving the quality of beef | 16 | | and beef products
for the consumer benefit;
| 17 | | (5) To inform and educate the public of the nutritive | 18 | | and economic values
of beef and beef products;
| 19 | | (6) To function in a liaison capacity within the beef | 20 | | and other food
industries of the State and elsewhere in | 21 | | matters that would increase
efficiencies which ultimately | 22 | | benefit both consumer and industry.
| 23 | | (Source: P.A. 88-571, eff. 8-11-94.)
| 24 | | (505 ILCS 25/4) (from Ch. 5, par. 1404)
| 25 | | Sec. 4. Governing board. With a favorable vote of beef |
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| 1 | | producers in
the State of Illinois to support an | 2 | | assessment/deduction rate, as determined by referendum, of up | 3 | | to 50˘ per
head of cattle sold in Illinois to finance the | 4 | | intent and purpose of this
Act, there shall be created a | 5 | | Checkoff Division an Illinois Beef Council governed by a board | 6 | | of
directors of 14 members. Two directors shall be elected by | 7 | | beef producers
from each of seven compact and contiguous | 8 | | districts, apportioned as nearly
as practicable according to | 9 | | the cattle-on-farms census report taken from
the latest | 10 | | available United States Department of Agriculture records.
| 11 | | No county in Illinois shall be apportioned in
more than one | 12 | | district. The seven districts shall be re-apportioned by
the | 13 | | Checkoff Division Council every 9 years, according to the | 14 | | latest available United States
Department of Agriculture | 15 | | cattle-on-farms census records. An elected
director shall not | 16 | | become ineligible to serve his or her elected term through
any | 17 | | re-apportionment.
| 18 | | Term of office. The 14 directors shall be elected to serve | 19 | | a three year
term and may be reelected to serve an additional | 20 | | consecutive term. An elected
director shall be a resident of | 21 | | Illinois, and shall be a beef producer who has
been a beef | 22 | | producer for at least the 5 years prior to his or her election. | 23 | | A
qualified beef producer may be elected to serve on the board | 24 | | only if he or she
has submitted, by registered mail to the | 25 | | Checkoff Division Illinois Beef Council office, a
nominating | 26 | | petition containing signatures of more than 50 beef producers |
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| 1 | | from
the district he or she may seek to represent. Only the 2 | 2 | | candidates receiving
the greatest number of votes cast from | 3 | | that district shall be elected.
| 4 | | On the first elected board of directors, one term of office | 5 | | from each
district shall be limited to two years; the two year | 6 | | term to be determined
by lottery at the first meeting of the | 7 | | Checkoff Division Illinois Beef Council . No member
may serve | 8 | | more than two consecutive terms.
| 9 | | All Checkoff Division Beef Council board positions shall be | 10 | | unsalaried. However, the board
members may be reimbursed for | 11 | | travel and other expenses incurred in carrying
out the intent | 12 | | and purposes of this Act.
| 13 | | It shall be the responsibility of the Checkoff Division | 14 | | Council to conduct the election of new
board members within 30 | 15 | | days before the end of any elected board
member's term of | 16 | | office. Newly elected board members shall assume their
office | 17 | | at the first meeting of the Checkoff Division Council after | 18 | | their election to
office, which shall be convened within 30 | 19 | | days after the election.
Notice of such meeting shall be sent | 20 | | to the members of the Checkoff Division Illinois Beef
Council | 21 | | by certified mail at least 10 days prior thereto, stating the | 22 | | time,
date and place of the meeting.
| 23 | | Notice of elections of members of the board shall be given | 24 | | at least once
in trade publications, the public press, and | 25 | | statewide newspapers at least
30 days prior to such election.
| 26 | | The Checkoff Division Council may declare the office of a |
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| 1 | | board member vacant and appoint
a beef producer from that | 2 | | district to serve the unexpired term of any member
unable or | 3 | | unwilling to complete his or her term of office.
| 4 | | (Source: P.A. 88-571, eff. 8-11-94.)
| 5 | | (505 ILCS 25/6) (from Ch. 5, par. 1406)
| 6 | | Sec. 6. Powers and duties of the Checkoff Division Council . | 7 | | (a) The Checkoff Division Council shall:
| 8 | | (1) Receive and disburse funds, as prescribed elsewhere in | 9 | | this Act, to
be used in administering and implementing the | 10 | | provisions and intent of this Act;
| 11 | | (2) Annually elect a Chairman from among its members who | 12 | | may succeed
himself for not more than one term;
| 13 | | (3) Annually elect a Secretary-Treasurer from among its | 14 | | members;
| 15 | | (4) Meet regularly, not less often than one time each | 16 | | calendar quarter
or at such other times as called by the | 17 | | Chairman, or when requested by four
or more members of the | 18 | | Checkoff Division Council, all meetings to be held under the | 19 | | Open Meetings
Act of the State of Illinois ;
| 20 | | (5) Maintain a permanent record of its business | 21 | | proceedings;
| 22 | | (6) Maintain a permanent and detailed record of its | 23 | | financial dealings;
| 24 | | (7) Prepare periodic reports and an annual report of its | 25 | | activities for
the fiscal year, for review of the beef industry |
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| 1 | | of the State, and the
annual report is to be filed with the | 2 | | Illinois Director of Agriculture;
| 3 | | (8) Prepare periodic reports and an annual accounting for | 4 | | the fiscal year
of all receipts and expenditures for review of | 5 | | the beef industry of the
State, and shall retain a certified | 6 | | public accountant for this purpose;
| 7 | | (9) Appoint a licensed banking institution as the | 8 | | depository for program
funds and disbursements;
| 9 | | (10) Maintain frequent communication with officers and | 10 | | industry
representatives of the National Livestock and Meat | 11 | | Board.
| 12 | | (11) Maintain an office at a specific location in Illinois.
| 13 | | (b) The Checkoff Division Council may:
| 14 | | (1) Conduct or contract for scientific research with any | 15 | | accredited university,
college or similar institution; and, | 16 | | enter into other contracts or agreements
which will aid in | 17 | | carrying out the purposes of the program, including contracts
| 18 | | for the purchase or acquisition of facilities or equipment | 19 | | necessary to
carry out the purposes of the program;
| 20 | | (2) Disseminate reliable information benefiting the | 21 | | consumer and the beef
industry on such subjects as, but not | 22 | | limited to, purchase, identification,
care, storage, handling, | 23 | | cookery, preparation, serving and nutritive value
of beef and | 24 | | beef products;
| 25 | | (3) Provide information to such various government bodies | 26 | | as request it,
on subjects of concern to the beef industry; and |
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| 1 | | further, act jointly or
in cooperation with the State or | 2 | | Federal government, and agencies thereof,
in the development or | 3 | | administration of programs deemed by the Checkoff Division | 4 | | Council as
consistent with the objectives of the programs;
| 5 | | (4) Sue and be sued as a Checkoff Division Council without | 6 | | individual liability of the members
for acts of the Checkoff | 7 | | Division Council when acting within the scope of the powers of | 8 | | this
Act, and in the manner prescribed by the laws of the | 9 | | State;
| 10 | | (5) Borrow money from licensed lending institutions in | 11 | | amounts which are
not cumulatively greater than 50% of | 12 | | anticipated annual income;
| 13 | | (6) Maintain a financial reserve for emergency use, the | 14 | | total of which
shall not exceed 50% of anticipated annual | 15 | | income;
| 16 | | (7) Appoint advisory groups composed of representatives | 17 | | from organizations,
institutions, governments or business | 18 | | related to or interested in the welfare
of the beef industry | 19 | | and the consuming public;
| 20 | | (8) Employ subordinate officers and employees of the | 21 | | Checkoff Division Council and prescribe
their duties and fix | 22 | | their compensation and terms of employment;
| 23 | | (9) Cooperate with any local, State, regional or nationwide | 24 | | organization
or agency engaged in work or activities consistent | 25 | | with the objectives of the program.
| 26 | | (10) Cause any duly authorized agent or representative to |
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| 1 | | enter upon
the premises of any market agency, market agent, | 2 | | collection agent, or
collection agency and examine or cause to | 3 | | be examined by such agent only
books, papers, and records which | 4 | | deal in any way with respect to the
payment of the | 5 | | assessment/deduction or enforcement of this Act.
| 6 | | (Source: P.A. 84-343; 84-584.)
| 7 | | (505 ILCS 25/7) (from Ch. 5, par. 1407)
| 8 | | Sec. 7. Acceptance of grants and gifts. (a) The Checkoff | 9 | | Division Council may accept
grants, donations, contributions | 10 | | or gifts from any source, provided the
use of such resources is | 11 | | not restricted in any manner which is deemed inconsistent
with | 12 | | the objectives of the program.
| 13 | | (Source: P.A. 83-84.)
| 14 | | (505 ILCS 25/8) (from Ch. 5, par. 1408)
| 15 | | Sec. 8. Payments to organizations. (a) As described | 16 | | heretofore, the Checkoff Division
Council may pay funds to | 17 | | other organizations for work or services performed
which are | 18 | | consistent with the objectives of the program.
| 19 | | (b) Prior to making payments described in this Section, the | 20 | | Checkoff Division Council shall
secure agreements in writing | 21 | | that such organization receiving payment shall:
| 22 | | (1) Furnish not less often than annual, or on request of | 23 | | the Checkoff Division Council ,
written or printed reports of | 24 | | program activities and reports of financial
data which are |
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| 1 | | relative to the Checkoff Division's Council's funding of such | 2 | | activities;
| 3 | | (2) Agree to have appropriate representatives attend | 4 | | business meetings
of the Checkoff Division Council as | 5 | | reasonably requested by the Chairman of the Checkoff Division | 6 | | Council .
| 7 | | (c) The Checkoff Division Council may require adequate | 8 | | proof of security bonding on
funds paid to any individual, | 9 | | business or other organizations.
| 10 | | (Source: P.A. 84-343; 84-584.)
| 11 | | (505 ILCS 25/9) (from Ch. 5, par. 1409)
| 12 | | Sec. 9. Collection of monies at time of marketing.
| 13 | | (a) Every marketing agency licensed to do business in the | 14 | | State of
Illinois shall deduct from the gross receipts of the | 15 | | seller, at the time of
sale, an assessment established by | 16 | | referendum up to 50˘ per head , as
recommended by the Checkoff | 17 | | Division Council , on all cattle marketed in the State in | 18 | | addition to
any assessment for a National Promotion Research | 19 | | Program, created by federal
law, which may be in effect.
| 20 | | (b) The collecting agent shall assemble all such monies and | 21 | | forward them
to the Checkoff Division Council on a regular | 22 | | basis, not less often than monthly, and the Checkoff Division
| 23 | | Council shall provide appropriate business forms for the | 24 | | convenience of
the collecting agent in executing this duty.
| 25 | | Failure of the collecting agent to deduct or forward funds |
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| 1 | | under this
Section is grounds for the Checkoff Division Council | 2 | | to request the Department of Agriculture
to suspend or refuse | 3 | | to issue the collecting agent's licenses issued under
the | 4 | | Livestock Auction Market Law or Livestock Dealer Licensing Act.
| 5 | | (c) The Checkoff Division Council shall maintain within its | 6 | | financial record a separate
accounting of all monies received | 7 | | under the provisions of this Section.
| 8 | | (d) Any due and payable assessment/deduction required | 9 | | under this Act
constitutes a personal debt of the person so | 10 | | assessed or who otherwise
owes the assessment/deduction. In the | 11 | | event of failure of a person to
remit any properly due | 12 | | assessment/deduction or sum, the Checkoff Division Council may | 13 | | bring a
civil action against that person in the circuit court | 14 | | of any county for the
collection thereof, and may add an | 15 | | additional 10% penalty assessment, cost
of enforcing the | 16 | | collection of the assessment, and court costs. The
action shall | 17 | | be tried and judgment rendered as in any other cause of action
| 18 | | for debts due and payable. All assessments, penalty | 19 | | assessments, and
enforcement costs are due and payable to the | 20 | | Checkoff Division Council .
| 21 | | (e) All monies deducted under the provisions of this | 22 | | Section shall be
considered as bonafide business expenses for | 23 | | the seller as provided for
under the tax laws of this State.
| 24 | | (f) The Checkoff Division Council may adopt reciprocal | 25 | | agreements with other Beef Councils
or like organizations, on | 26 | | moneys collected at Illinois collecting agencies
on cattle from |
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| 1 | | other states and on Illinois cattle sold at other state | 2 | | markets.
| 3 | | (Source: P.A. 87-172; 88-571, eff. 8-11-94.)
| 4 | | (505 ILCS 25/10) (from Ch. 5, par. 1410)
| 5 | | Sec. 10. Refunds. (a) Any seller of cattle who has had | 6 | | monies deducted
from his gross sales receipts under the | 7 | | provisions of this Act, shall be
entitled to a prompt and full | 8 | | refund. Any seller of cattle who has had
monies deducted from | 9 | | his gross sale receipts under the provisions of the
Federal | 10 | | Beef Promotion and Research Order, as amended from time to | 11 | | time,
shall be entitled to receive a refund which may be made | 12 | | in a manner
consistent with the coordination of this Act and | 13 | | the National Beef
Promotion Research Program for such time as | 14 | | such Program may be in effect.
| 15 | | (b) The Checkoff Division Council shall make available to | 16 | | all collecting agents business
forms permitting requests for | 17 | | refund, such forms to be submitted by the objecting
cattle | 18 | | producer or owner within 30 days of the sale transaction.
| 19 | | (c) Refund claims by the cattle
producer or owner shall | 20 | | include his signature, date of sale, place of sale,
number of | 21 | | cattle and amount of assessment deducted, and shall have
| 22 | | attached thereto
proof of the assessment deducted.
| 23 | | (d) If the Checkoff Division Council has reasonable doubt | 24 | | that a refund claim
is valid,
it may withhold payment and take | 25 | | such action as may be deemed necessary to determine
its |
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| 1 | | validity.
| 2 | | (e) All requests for refunds shall be initiated by the | 3 | | producer
only.
| 4 | | (Source: P.A. 84-1273; 84-1276.)
| 5 | | (505 ILCS 25/11) (from Ch. 5, par. 1411)
| 6 | | Sec. 11. Surety bond. (a) Any person authorized by the | 7 | | Checkoff Division Council to
receive or disburse funds, as | 8 | | provided by the Act, shall post with the Checkoff Division | 9 | | Council
a surety bond in the amount deemed appropriate by the | 10 | | Checkoff Division Council .
| 11 | | (b) Premiums covering bonding for employees, officers or | 12 | | members of the Checkoff Division
Council shall be paid by the | 13 | | Checkoff Division Council .
| 14 | | (c) No person shall knowingly fail or refuse to comply with | 15 | | any
requirement of this Act. The Checkoff Division Council may | 16 | | institute any action which is
necessary to enforce compliance | 17 | | with any provision of this Act and rule or
regulation | 18 | | thereunder. Each day's violation constitutes a separate
| 19 | | offense. In addition to any other remedy provided by law, the | 20 | | Checkoff Division Council may
petition for injunctive relief | 21 | | without being required to allege or prove
the absence of any | 22 | | adequate remedy at law.
| 23 | | (Source: P.A. 84-343; 84-584.)
| 24 | | (505 ILCS 25/13) (from Ch. 5, par. 1413)
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| 1 | | Sec. 13.
With the delivery by certified mail to the | 2 | | Checkoff Division Illinois Beef Council
office of petitions | 3 | | from each of the 7 districts containing signatures
of
at least | 4 | | 100 beef producers from each district, stating "Shall the Beef
| 5 | | Market Development Act continue", the Checkoff Division | 6 | | Illinois Beef Council shall, within
90 days, conduct a | 7 | | referendum to determine if a majority of the beef producers
| 8 | | voting in such referendum support the continuation of the Beef
| 9 | | Market Development Act. Referendums under this Section shall be | 10 | | held not
more than one time each 5 years.
| 11 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 12 | | (505 ILCS 25/14) (from Ch. 5, par. 1414)
| 13 | | Sec. 14. Bylaws. The Checkoff Division Illinois Beef | 14 | | Council shall within 90 days of
this Act becoming law, adopt | 15 | | bylaws to carry out the intent and purposes
of this Act. These | 16 | | bylaws can be amended with a 30 day notice to board
members at | 17 | | any regular or special meeting called for this purpose.
| 18 | | (Source: P.A. 83-84.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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