Full Text of HB2709 98th General Assembly
HB2709enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wheat Development Act is amended by changing | 5 | | Sections 25, 30, 70, and 75 as follows:
| 6 | | (505 ILCS 145/25)
| 7 | | Sec. 25. Temporary program committee; proposals; | 8 | | procedures. After the effective date of this Act if there are | 9 | | sponsors
willing and able to meet the requirements of
Section | 10 | | 35, the Director shall appoint a temporary wheat development | 11 | | program
committee consisting of 7 members
who are wheat | 12 | | producers nominated by an association representing wheat | 13 | | producers to develop a wheat development program proposal. The
| 14 | | proposal shall be considered at a
public hearing. After the | 15 | | close of the public hearing, the Director and
temporary wheat | 16 | | development program
committee shall send copies of their | 17 | | findings to all parties of record
appearing at the hearing. If | 18 | | the proposal is
approved by the temporary wheat development | 19 | | program committee, a referendum
shall be held on the proposal | 20 | | in
accordance with Section 30 of this Act.
| 21 | | The Director, upon recommendation of the temporary wheat | 22 | | development program
committee, shall establish
procedures for | 23 | | the qualifications of producers for wheat development |
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| 1 | | programs,
the participation of producers in
hearings and | 2 | | referenda, and other procedures necessary in the development | 3 | | and
adoption of a wheat development
program. These procedures | 4 | | shall not be subject to the provisions of the
Illinois | 5 | | Administrative Procedure Act;
however, the Director shall take | 6 | | any necessary steps to inform affected persons
of the | 7 | | procedures, including
publication of the procedures in the | 8 | | Illinois Register.
| 9 | | (Source: P.A. 90-377, eff. 8-14-97.)
| 10 | | (505 ILCS 145/30)
| 11 | | Sec. 30. Referenda; petitions. Within 90 days after final | 12 | | approval of any proposed wheat development program
by the | 13 | | temporary wheat
development program committee,
the Director | 14 | | shall determine by referendum whether
the affected producers | 15 | | assent to
the proposed wheat development program. The proposed | 16 | | wheat development
program is approved when a
majority of those | 17 | | voting in the referendum vote in favor of the proposed wheat
| 18 | | development program. Following
approval of the program, the | 19 | | Department shall file the program with the
Secretary of State
| 20 | | as provided in Section 5-65 of the
Illinois Administrative | 21 | | Procedure Act.
| 22 | | If a proposed wheat development program is not approved by
| 23 | | referendum, no additional referendum on
a wheat development | 24 | | program may be held for 2 years from the date of the
close of | 25 | | the referendum period. An additional
referendum shall be called |
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| 1 | | by the Director upon request by petition
of 500 producers of | 2 | | wheat from across the State. Before holding an additional
| 3 | | referendum, the
Director shall appoint a temporary wheat | 4 | | development program committee
consisting of 7 members who are
| 5 | | wheat producers nominated by an association representing wheat | 6 | | producers . The temporary wheat development program committee | 7 | | shall
follow
the procedures set forth in Section 25.
| 8 | | (Source: P.A. 90-377, eff. 8-14-97.)
| 9 | | (505 ILCS 145/70)
| 10 | | Sec. 70. Assessments. A properly qualified wheat | 11 | | development program shall
provide for assessments against | 12 | | producers of the
affected commodity to defray the costs of the | 13 | | activities provided for in the
wheat development program.
| 14 | | Assessments authorized in a wheat development program shall be | 15 | | based on the
quantity of commodity marketed and
shall be | 16 | | equitably assessed against all affected producers.
| 17 | | The total assessment levied on the commodity of any | 18 | | affected producer may
shall be up to 1.5 cents per bushel of | 19 | | wheat
produced and sold by that producer as established by the | 20 | | temporary program committee . After the first 5 years a program | 21 | | is in
operation, the wheat development board
may request the | 22 | | Director to hold a referendum to increase the assessment rate.
| 23 | | A referendum to increase the
assessment rate shall be | 24 | | considered approved if a majority of those producers
voting in | 25 | | the referendum vote in favor
of the increase. The wheat |
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| 1 | | development board shall increase the rate as set
in
the
| 2 | | referendum.
| 3 | | The wheat development board shall require the first | 4 | | purchaser of wheat to
withhold and remit the assessments to
the | 5 | | wheat development board. A first purchaser remitting the | 6 | | assessments for
any producer shall deduct the proper
amount of | 7 | | assessment from any amount that he owes to the producer. The | 8 | | wheat
development board shall have
the power to cause any duly | 9 | | authorized agent or representative to enter upon
the premises | 10 | | of any purchaser of wheat
and examine or cause to be examined | 11 | | only books, papers, and
records that deal in any way with
| 12 | | respect to the payment of the assessment or enforcement of this | 13 | | Act.
| 14 | | (Source: P.A. 90-377, eff. 8-14-97.)
| 15 | | (505 ILCS 145/75)
| 16 | | Sec. 75. Refunds. A producer who has sold wheat and has an | 17 | | assessment deducted
from the sale price may, by application in
| 18 | | writing to the board, secure a refund in the amount deducted. | 19 | | The refund shall
be payable only if the application
has been | 20 | | made to the board within 90 60 days after the deduction. | 21 | | Interest shall
be allowed and paid at the rate of 6%
per annum | 22 | | upon the total amount of the assessment imposed by this Act, | 23 | | except
that if any assessment is
refunded within 90 days after | 24 | | an application for refund has been made within
the required 60 | 25 | | days after deduction or
within 90 days after the first |
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| 1 | | purchaser of wheat remits the assessments
withheld and deducted | 2 | | to the wheat
development board, whichever is later, no interest | 3 | | shall be allowed on such
assessment. An application for refund
| 4 | | by a producer shall provide proof of assessment deducted.
| 5 | | (Source: P.A. 90-377, eff. 8-14-97.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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