Public Act 0953 95TH GENERAL ASSEMBLY

SB1984 Enrolled LRB095 18006 RCE 44089 b

Public Act 095-0953

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Soybean Marketing Act is amended by changing Sections 3 and 16 as follows:

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

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

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

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

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

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

(e) "Market Development" means to engage in research and educational programs directed toward better and more efficient utilization of soybeans; to provide methods and means for the maintenance of present markets; for the development of new and larger domestic and foreign markets.

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

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

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

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

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

(k) "Net market price" means:

(1) except as provided in item (2), the sales price or other value received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors; or

(2) for soybeans pledged as collateral for a loan issued under any price support loan program administered by the Commodity Credit Corporation, the principal amount of the loan.

(Source: P.A. 83-80.)

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

Sec. 16. Any properly qualified marketing program shall provide for assessments against producers of the affected commodity to defray the costs of the activities provided for in the marketing program. Assessments authorized in a marketing program shall be based on the quantity of commodity produced and shall be equitably assessed against all affected producers. The total maximum assessment levied on the commodity of any affected producer shall not exceed 1/4˘ per bushel of soybeans produced and sold by that producer during the first year a program is in operation, 1/2˘ per bushel of soybeans produced and sold by that producer during the next 4 years a program is in operation and 1/2 of 1% of the net market price 2˘ per bushel of soybeans produced and sold by that producer for all subsequent years. Assessments authorized in a marketing program shall not be used for political activity of any kind whatsoever or for preferential treatment of any person to the detriment of other persons in the marketing program. The program operating board may require the first purchaser of soybeans to withhold and remit such assessments to the board. A first purchaser remitting the assessments for any producer may deduct the proper amount of assessment from any amount which he owes to such producer. The program operating board shall have the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by such agent only books, papers and records which deal in any way with respect to the payment of the assessment or enforcement of this Act.

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

Effective Date: 1/1/2009