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90_HB1680eng
240 ILCS 40/1-25
Amends the Grain Code to change the caption to the
provision concerning the promulgation of rules.
LRB9004399NTsb
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1 AN ACT concerning wheat marketing programs.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Wheat Development Act.
6 Section 5. Legislative purpose. The following is
7 declared to be the legislative policy of this Act:
8 (1) to foster development of new markets for wheat and
9 wheat products;
10 (2) to provide research needed to improve the efficiency
11 of the wheat production, marketing and utilization of wheat;
12 (3) to enhance more efficient and economical production
13 of wheat;
14 (4) to enable the wheat industry to adapt to changing
15 market demands; and
16 (5) to foster communications and cooperation in all
17 phases of the wheat industry-producers, business,
18 institutions, and agencies in order to provide an adequate
19 and equitable level of economic returns.
20 Section 10. Definitions. For the purpose of this Act,
21 unless the context clearly requires otherwise:
22 "Bushel" means 60 pounds of wheat by weight.
23 "Department" means the Department of Agriculture.
24 "Director" means the Director of Agriculture.
25 "Eligible voter" means one who is defined both as a
26 person and a producer in this program.
27 "First purchaser" means a person who resells wheat
28 purchased from a producer or offers for sale any product
29 produced from wheat for any purpose.
30 "Person" means a natural person, partnership,
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1 corporation, society, association, representative, or other
2 fiduciary.
3 "Producer" means a person who is actively engaged in the
4 production of wheat and who receives income from the
5 production of wheat, unless otherwise defined in wheat
6 marketing program.
7 "Wheat" means and includes all kinds and varieties of
8 wheat grown in this State and marketed and sold as wheat by
9 the producer.
10 "Wheat development" means to engage in research and
11 educational programs directed toward improving production and
12 utilization of wheat, providing methods and means for the
13 maintenance of present markets, and developing new and larger
14 domestic and foreign markets.
15 "Wheat development board" means the board established
16 under this Act to administer a wheat development program.
17 "Wheat development program" means a program established
18 under this Act which prescribes procedures for the
19 development of markets for wheat and wheat products.
20 Section 15. Wheat development programs; requirements. A
21 wheat development program proposed or adopted under this Act
22 shall include where applicable the following:
23 (1) a definition of terms;
24 (2) the purpose of the program;
25 (3) the maximum assessment rates and equitable
26 procedures for adjustment of the maximum assessment rates
27 provided for by the program;
28 (4) equitable procedures for collection of the
29 assessment provided for by the program;
30 (5) the election procedure and qualifications of the
31 wheat development board members, representation on the wheat
32 development board, terms of office, compensation, if any, and
33 other necessary provisions pertaining to the board;
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1 (6) the operating procedures of the program; and
2 (7) the qualifications for exempting wheat or producers
3 where exemptions are applicable.
4 Section 20. Optional programs; contracts; political
5 activities. A wheat development program proposed or adopted
6 under this Act may include any of the following:
7 (1) Wheat development and research programs.
8 (2) Wheat promotion, education and public relations
9 programs.
10 (3) Wheat information services.
11 (4) The right to contract with qualified organizations,
12 agencies or individuals for any of the activities listed in
13 items (1), (2), and (3) of this Section.
14 (5) A provision that assessments authorized in a
15 development program shall not be used for political activity
16 or for preferential treatment of any person to the detriment
17 of other persons in the development program.
18 (6) Other provisions not inconsistent with this Act or
19 other Illinois or federal laws and regulations.
20 Section 25. Temporary program committee; proposals;
21 procedures. After the effective date of this Act if there are
22 sponsors willing and able to meet the requirements of Section
23 35, the Director shall appoint a temporary wheat development
24 program committee consisting of 7 members who are wheat
25 producers to develop a wheat development program proposal.
26 The proposal shall be considered at a public hearing. After
27 the close of the public hearing, the Director and temporary
28 wheat development program committee shall send copies of
29 their findings to all parties of record appearing at the
30 hearing. If the proposal is approved by the temporary wheat
31 development program committee, a referendum shall be held on
32 the proposal in accordance with Section 30 of this Act.
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1 The Director, upon recommendation of the temporary wheat
2 development program committee, shall establish procedures for
3 the qualifications of producers for wheat development
4 programs, the participation of producers in hearings and
5 referenda, and other procedures necessary in the development
6 and adoption of a wheat development program. These
7 procedures shall not be subject to the provisions of the
8 Illinois Administrative Procedure Act; however, the Director
9 shall take any necessary steps to inform affected persons of
10 the procedures, including publication of the procedures in
11 the Illinois Register.
12 Section 30. Referenda; petitions. Within 90 days after
13 final approval of any proposed wheat development program by
14 the temporary wheat development program committee, the
15 Director shall determine by referendum whether the affected
16 producers assent to the proposed wheat development program.
17 The proposed wheat development program is approved when a
18 majority of those voting in the referendum vote in favor of
19 the proposed wheat development program. Following approval
20 of the program, the Department shall file the program with
21 the Secretary of State as provided in Section 5-65 of the
22 Illinois Administrative Procedure Act.
23 If a proposed wheat development program is not approved
24 by referendum, no additional referendum on a wheat
25 development program may be held for 2 years from the date of
26 the close of the referendum period. An additional referendum
27 shall be called by the Director upon request by petition of
28 500 producers of wheat with at least 10 signers of the
29 petition from each of the districts in the State. Before
30 holding an additional referendum, the Director shall appoint
31 a temporary wheat development program committee consisting of
32 7 members who are wheat producers. The temporary wheat
33 development program committee shall follow the procedures set
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1 forth in Section 25.
2 Section 35. Wheat Commodity Trust Fund; expenses;
3 reimbursements. Before considering any proposed wheat
4 development program or amendment, the Director may require
5 the sponsors to deposit with him an amount not to exceed
6 $5,000 to defray the expenses of preparing, holding hearings,
7 and conducting the referendum on the wheat development
8 program or amendment. Any funds received by the Director
9 shall be deposited with the State Treasurer as ex-officio
10 custodian and held by him separate and apart from any other
11 public moneys of this State in a trust fund designated as the
12 Wheat Commodity Trust Fund. Money in the Fund may be
13 disbursed only upon a voucher or order issued by the Director
14 and paid by a warrant drawn by the State Comptroller and
15 countersigned by the State Treasurer. The Director shall
16 order disbursements from the Wheat Commodity Trust Fund only
17 for payment of the expenses authorized by this Act. Any
18 funds collected beyond actual expenses shall be refunded to
19 the sponsors. The treasurer of the wheat development board
20 shall reimburse the sponsors in the amount of the deposit,
21 less any refunds, from fees received under the program if a
22 program is established.
23 Section 40. Voting; polling places; qualifications. In a
24 referendum under this Act, voting shall be by ballot cast by
25 eligible voters in a manner, as determined by the Director,
26 that will make it easy to vote throughout the State. A
27 producer who is qualified under the wheat development program
28 is entitled to one vote. The referendum area includes the
29 entire State of Illinois.
30 Reasonable publicity and notification of the referendum
31 date and voting locations shall be provided in trade
32 publications, the public press, and the official state
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1 newspaper, at least 2 weeks prior to the referendum date.
2 Section 45. Duration of program; termination. A wheat
3 development program established under this Act shall remain
4 in effect for 5 years. Thereafter, the program shall
5 automatically be extended from year to year unless a
6 referendum for continued approval is required by written
7 petition of no less that 10% of the affected producers from
8 each respective district. The referendum to determine the
9 continued approval of a wheat development program shall be in
10 accordance with Section 40 of this Act. Continuation or
11 termination shall be determined by the same voting
12 requirements as for adoption of the wheat marketing program
13 set forth in Section 30.
14 Section 50. Wheat Development board; officers; expenses.
15 A wheat development program established under this Act shall
16 provide for a wheat development board consisting of at least
17 one member from each district which will be charged with the
18 administration of the program.
19 The board shall consist of one member elected from each
20 of the districts as established in the wheat development
21 program.
22 The wheat development board shall elect from its members
23 a chairman, secretary, treasurer, and such other positions as
24 may be provided for in the wheat development program. The
25 term of office for members of the wheat development board
26 shall be for 3 years, except that the term of the members of
27 the board first taking office shall be for 1, 2, or 3 years
28 as determined by the initial board. The wheat development
29 board shall establish the number of members for each term of
30 office of the initial wheat development board and shall
31 provide the procedure for the election of members in
32 subsequent years.
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1 All voting members of the wheat development board are
2 entitled to actual and necessary travel and incidental
3 expenses while attending meetings of the board or while
4 engaged in the performance of official responsibilities as
5 determined by the board and provided for in the wheat
6 development program.
7 Section 55. Elections; candidates; vacancies. For the
8 initial board any wheat producer may be elected only if he
9 first has his name placed on the ballot by filing with the
10 Director a petition containing a number of signatures equal
11 to the lesser of 50 or 5% of those producers in his district
12 qualified to vote on the referendum. All candidates shall be
13 natural persons who are producers and residents in the
14 district for which they are nominated. Notice of the initial
15 election of members of the board shall be given in trade
16 publications, the public press, and statewide newspapers at
17 least 2 weeks prior to the election. Vacancies on the wheat
18 development board during the term of office shall be filled
19 by the wheat development board with a producer from the
20 district for the balance of the unexpired term. In subsequent
21 years, an election shall be held to fill any expiring term on
22 the board. Elections shall be in the same fashion as for
23 initial board members. The election procedure shall be as
24 provided in this Section unless otherwise provided for in the
25 wheat development program. Candidates receiving the greatest
26 number of votes at any election shall be elected.
27 Section 60. Duties. The duties and responsibilities of
28 the wheat development board shall be prescribed in the
29 authority for each wheat development program and to the
30 extent applicable shall include the following:
31 (1) to develop and direct the wheat development program;
32 (2) to prepare and approve a budget consistent with
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1 estimated receipts and the scope of the wheat development
2 program;
3 (3) to formulate and execute assessment procedures,
4 rates, and methods of collection;
5 (4) to procure and evaluate data and information
6 necessary for the proper administration and operation of the
7 wheat development program;
8 (5) to employ personnel and contract for services that
9 are necessary for the proper operation of the wheat
10 development program;
11 (6) to authorize the expenditure of funds and the
12 contracting of expenditures to conduct proper activities of
13 the program;
14 (7) to bond the treasurer and other persons necessary to
15 insure adequate protection of funds; and
16 (8) to perform other duties that are necessary to the
17 proper operation of the program.
18 Section 65. Director; duties. For any wheat development
19 program approved by referendum under this Act the Director
20 shall:
21 (1) take steps to insure that adequate and proper
22 records are kept and that an annual audit summary is
23 available to all program participants;
24 (2) take steps to insure that adequate bonds are
25 maintained;
26 (3) coordinate administrative activities between the
27 wheat development board and the Department; and
28 (4) confer and cooperate with the legally constituted
29 authorities of other states and the United States.
30 Section 70. Assessments. A properly qualified wheat
31 development program shall provide for assessments against
32 producers of the affected commodity to defray the costs of
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1 the activities provided for in the wheat development program.
2 Assessments authorized in a wheat development program shall
3 be based on the quantity of commodity marketed and shall be
4 equitably assessed against all affected producers.
5 The total assessment levied on the commodity of any
6 affected producer shall be 1.5 cents per bushel of wheat
7 produced and sold by that producer. After the first 5 years
8 a program is in operation, the wheat development board may
9 request the Director to hold a referendum to increase the
10 assessment rate.
11 A referendum to increase the assessment rate shall be
12 considered approved if a majority of those producers voting
13 in the referendum vote in favor of the increase. The wheat
14 development board shall increase the rate as set in the
15 referendum.
16 The wheat development board shall require the first
17 purchaser of wheat to withhold and remit the assessments to
18 the wheat development board. A first purchaser remitting
19 the assessments for any producer shall deduct the proper
20 amount of assessment from any amount that he owes to the
21 producer. The wheat development board shall have the power
22 to cause any duly authorized agent or representative to enter
23 upon the premises of any purchaser of wheat and examine or
24 cause to be examined only books, papers, and records that
25 deal in any way with respect to the payment of the assessment
26 or enforcement of this Act.
27 Section 75. Refunds. A producer who has sold wheat and
28 has an assessment deducted from the sale price may, by
29 application in writing to the board, secure a refund in the
30 amount deducted. The refund shall be payable only if the
31 application has been made to the board within 60 days after
32 the deduction. Interest shall be allowed and paid at the
33 rate of 6% per annum upon the total amount of the assessment
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1 imposed by this Act, except that if any assessment is
2 refunded within 90 days after an application for refund has
3 been made within the required 60 days after deduction or
4 within 90 days after the first purchaser of wheat remits the
5 assessments withheld and deducted to the wheat development
6 board, whichever is later, no interest shall be allowed on
7 such assessment. An application for refund by a producer
8 shall provide proof of assessment deducted.
9 Section 80. Collection of assessments; penalties;
10 actions. Persons who collect wheat development program
11 assessment funds pursuant to Section 70 of this Act shall
12 remit those funds to the wheat development board which shall
13 deposit the funds in an account to be used as authorized by
14 the wheat development program.
15 A due and payable assessment required under the
16 provisions of a wheat development program created under this
17 Act constitutes a personal debt of the person so assessed or
18 who otherwise owes the assessment. The assessment is due and
19 payable to the wheat development board not more frequently
20 than quarterly or when stipulated in the wheat development
21 program and called for by the wheat development board. In
22 the event any person fails to remit the full amount of the
23 assessment or other sum within 30 days after the due date,
24 the person owing the assessment shall be given an opportunity
25 to present his case as provided for in Section 95 of this
26 Act. When established that the assessment is correct, the
27 wheat marketing board may add to the unpaid assessment or sum
28 a penalty amount not exceeding 10% of the amount due plus all
29 the cost of enforcing the collection of the assessment or
30 amount due. If a person fails to remit any properly due
31 assessment or sum, the wheat development board may bring a
32 civil action for collection against the person in the circuit
33 court of any county, together with the additional specified
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1 10% penalty assessment, cost of enforcing the collection of
2 the assessment, and court costs. The action shall be tried
3 and judgment rendered as in any other cause of action for
4 debts due and payable. All assessments are due and payable
5 to the wheat development board.
6 Section 85. Reports; audit. The wheat development board
7 shall publish annually an activity and financial report for
8 the wheat development program. The report shall be available
9 to all of the affected producers of the wheat development
10 program. All expenditures under each wheat development
11 program shall be audited at least annually by a registered
12 public accountant. Within 30 days after completion of an
13 audit, the results shall be made available to the Director.
14 Section 90. Termination of program; unobligated funds.
15 Upon termination of a wheat development program, all
16 remaining unobligated funds shall be refunded to the Illinois
17 Department of Agriculture to be used for wheat development
18 programs.
19 Section 95. Enforcement; actions; injunctions. No person
20 shall knowingly fail or refuse to comply with any requirement
21 of this Act where obligated to comply by a duly approved
22 wheat development program. The wheat development board may
23 institute any action necessary to enforce compliance with any
24 provision of this Act or any wheat development program
25 adopted pursuant to this Act. In addition to any other
26 remedy provided by law, the wheat development board may
27 petition for injunctive relief without being required to
28 allege or prove the absence of any adequate remedy at law.
29 Before the wheat development board may institute any
30 proceedings under this Act, the alleged violator shall first
31 be given an opportunity to present his views to the wheat
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1 development board as to why proceedings should not be
2 instituted. Such hearings shall be subject to the Illinois
3 Administrative Procedure Act.
4 Section 100. Amendments; hearings; referendum. A
5 proposed amendment to an existing wheat development program
6 may be requested by petition to the Director by 5% of the
7 affected producers from each respective district or by a
8 two-thirds majority vote of the wheat development board. If
9 any amendment to an existing wheat development program is
10 proposed, the Director shall hold a public hearing to
11 consider the amendment. After the close of the public
12 hearing, the Director and the wheat development board shall
13 send copies of their findings to all parties of record
14 appearing at the hearing. If the proposed amendment is
15 approved by the wheat development board, a referendum may be
16 held on the amendment in accordance with Section 40 subject
17 to the same voting requirements for adoption of the wheat
18 development program as set forth in Section 30. When an
19 amendment is approved by referendum, the Department shall
20 file the amendment with the Secretary of State as provided in
21 Section 5-65 of the Illinois Administrative Procedure Act.
22 The Director, upon recommendation of the wheat
23 development board, shall establish procedures necessary in
24 the development and adoption of the proposed amendment to an
25 existing wheat development program. The procedures shall be
26 included in the rules of the Department required by Section
27 5-15 of the Illinois Administrative Procedure Act.
28 Section 105. Suspension of program. The operation of a
29 wheat development program or any part thereof may be
30 temporarily suspended for any reasonable cause by the wheat
31 development board, for any period of time not to exceed one
32 growing and marketing season.
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1 Section 110. Administrative Procedure Act; application.
2 Sections 25 and 30 of this Act shall not be subject to
3 Sections 5-35, 5-40, 5-100, 5-105, 5-110, 5-115, 5-120,
4 5-125, and 5-130 of the Illinois Administrative Procedure
5 Act.
6 Section 199. Effective date. This Act takes effect upon
7 becoming law.