Public Act 095-0953
SB1984 Enrolled LRB095 18006 RCE 44089 b

    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
    (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