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| Public Act 095-0953 |
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Soybean Marketing Act is amended by changing | ||||
Sections 3 and 16 as follows:
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(505 ILCS 130/3) (from Ch. 5, par. 553)
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Sec. 3. For the purpose of this Act, unless the context | ||||
clearly requires
otherwise:
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(a) "Soybean" means and includes all kinds and varieties of | ||||
soybeans
grown in this State and marketed and sold as soybeans | ||||
by the producer.
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(b) "Person" means any natural person, partnership, | ||||
corporation,
society, association, representative or other | ||||
fiduciary.
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(c) "Producer" means any person engaged in this State in | ||||
the business of
producing and marketing soybeans, unless | ||||
otherwise defined in marketing
program.
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(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.
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(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.
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(f) "Marketing program" means any program established | ||
under this Act
which prescribes procedures for the development | ||
of
markets for soybeans and soybean products.
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(g) "Program operating board" means the board established | ||
by any
marketing program to administer such programs.
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(h) "Director" means the Director of the Department of | ||
Agriculture of
the State of Illinois.
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(i) "Department" means the Department of Agriculture of the | ||
State of
Illinois.
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(j) "Bushel" means 60 pounds of soybeans by weight.
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(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.)
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(505 ILCS 130/16) (from Ch. 5, par. 566)
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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
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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
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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
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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.
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(Source: P.A. 85-181.)
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