State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0158

SB405 Enrolled                                LRB9203931TAtmA

    AN ACT concerning agriculture.

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

    Section  1.   Short  title.  This Act may be cited as the
Illinois Swine Market Development Act.

    Section 5.  Legislative intent.  The legislature  intends
to  promote  the growth of the swine industry in Illinois; to
assure the citizens of this State and the American public  an
adequate  and  wholesome  food  supply;  to  provide  for the
general economic welfare of both producers and  consumers  of
pork  and  the  State  of  Illinois; and to provide the swine
production and feeding industry of this State with  authority
to  establish  a self-financed, self-governed program to help
develop,  maintain,  and  expand  the  State,  national,  and
foreign  markets  for  pork  and  pork   products   produced,
processed, or manufactured in this State.

    Section 10.  Definitions. In this Act:
    "Board"  means  the  elected members of the Illinois Pork
Producers Association board of directors.
    "Council" means the  Illinois  Swine  Market  Development
Council created by this Act.
    "Director"  means  a  member of the Illinois Swine Market
Development Council.
    "Market agent", "market agency", "collection  agent",  or
"collection  agency"  means  any person who sells, offers for
sale, markets, distributes, trades, or processes  swine  that
has  been  purchased  or  acquired from a producer or that is
marketed on behalf of a producer.   The  term  also  includes
meat  packing  firms,  and  their  agents,  that  purchase or
consign to purchase swine.
    "Market" means to sell or to otherwise dispose of a swine
animal, pork, or pork product in commerce.
    "Person"   means   any   natural   person,   partnership,
corporation, company, association, society, trust,  or  other
business unit or organization.
    "Pork" means the meat from swine.
    "Pork  product"  means a product produced or processed in
whole or in part from swine.
    "Producer" means any person engaged in this State in  the
business  of  producing  or marketing swine, unless otherwise
defined in the marketing program.
    "Swine" means all  domesticated  animals  of  the  family
Suidae.

    Section 15.  Illinois Swine Market Development Program.
    (a)    The  name of the program authorized by and created
by this Act is the Illinois Swine Market Development Program.
    (b)  The  program  shall  include,  as  applicable,   the
following:
         (1)  a definition of terms;
         (2)  the purpose of the program;
         (3)  the  assessment  rate  or rates provided for by
    the program;
         (4)  equitable  procedures  for  collection  of  the
    assessment provided for the program;
         (5)  procedures   and   criteria   for   determining
    adoption of a program;
         (6)  the election procedure  and  qualifications  of
    the  directors  of  the Council, terms of office, expense
    reimbursement, and other necessary provisions  pertaining
    thereto;
         (7)  the operating procedures of the program;
         (8)  the  qualifications  for  and  registration  of
    swine  producers  to  participate  in  referenda  for the
    adoption,  amendment,  or  continuation  of  a  marketing
    program and the election of Council directors;
         (9) the procedure for  requesting  refunds  and,  if
    provided   for   in  the  marketing  program,  reasonable
    reimbursement of collection agencies' expenses;
         (10)  procedures  for  the   discontinuance   of   a
    program;
         (11)  the determination of what swine are subject to
    assessment  and the exemption of swine producers or swine
    from assessment when those exemptions are  applicable  as
    defined in the marketing program; and
         (12)  the adoption of other provisions to facilitate
    the purposes of the marketing program.
    (c)  The purposes of the program may include:
         (1)  promoting  the  sale  and  use of pork and pork
    products; supporting promotion, research,  and  education
    programs,  and  other  consumer marketing activities at a
    funding level determined by the  Council;  and  otherwise
    supporting  consumer  market  development  and  promotion
    efforts on a State, national, and international scale;
         (2)  developing  new  uses  and markets for pork and
    pork products;
         (3)  developing    and    improving    methods    of
    distributing pork and pork products to the consumer;
         (4)  developing methods for improving the quality of
    pork and pork products for consumer benefit;
         (5)  informing  and  educating  the  public  of  the
    nutritive and economic value of pork and pork products;
         (6)  informing  and  educating  pork  producers   on
    disease    control    and    eradication,   environmental
    stewardship and mandates, and other areas  of  importance
    to the swine industry;
         (7)  functioning   as  a  liaison  within  the  pork
    industry and other  food  industries  of  the  State  and
    elsewhere  in  matters  that  would increase efficiencies
    that ultimately benefit both consumers and industry; and
         (8) developing and expanding markets for swine.

    Section 20.  Powers and duties of the Board.
    (a)  The Board is responsible for the development of  the
initial  Illinois Swine Market Development Program, providing
publicity and conducting informational meetings prior to  the
referendum  for  adoption  on  the initial marketing program,
making the proposed  program  and  nominating  petitions  for
director and names of candidates running for office available
to  the  public, registering producers who are subject to the
program to vote, conducting the initial referendum to adopt a
program, and conducting the initial election of the Council.
    (b)  The Board shall develop  an  Illinois  Swine  Market
Development  Program consistent with the provisions set forth
in Section 15 and as authorized by or required by this Act.

    Section 25.  Governing council.  With a favorable vote of
swine producers subject to the marketing program in the State
of Illinois to adopt by referendum an Illinois  Swine  Market
Development  Program, there shall be established  an Illinois
Swine Market Development  Council  governed  by  a  board  of
directors  of 7 members who shall be elected at the same time
as the initial referendum and thereafter as provided  for  in
this  Act  and  marketing  program.   Swine producers who are
subject to the program shall elect a director from each of  7
compact  and  contiguous  districts, apportioned as nearly as
practical according to the swine-on-farms census report taken
from  the  latest  available  United  States  Department   of
Agriculture records.
    No county in Illinois shall be apportioned into more than
one district.  The 7 districts shall be re-apportioned by the
Council  every  9  years,  according  to the latest available
United States Department of Agriculture swine-on-farms census
records.  An elected director shall not become ineligible  to
serve his or her elected term through any re-apportionment.
    The  7  directors shall be elected to serve a 3-year term
and may be re-elected  to  serve  an  additional  consecutive
term.  An elected director must be a resident of Illinois and
must  be a swine producer subject to the program who has been
a swine producer for at least the 5 years prior to his or her
election.  A qualified swine producer may be elected to serve
on the Council only if he or she has submitted, by registered
mail to the  Illinois  Swine  Market  Development  office,  a
nominating petition containing signatures of 25 or more swine
producers  subject to the program from the district he or she
seeks to represent, except that in the case  of  the  initial
election  of Council directors, the nominating petition shall
be mailed by registered mail to  the  Board.   The  candidate
receiving  the  greatest  number  of  votes  cast  from  that
district shall be elected.
    All  Council  directors  shall  be  unsalaried.   Council
directors  may,  however,  be reimbursed for travel and other
expenses incurred in carrying out the intent and purposes  of
this Act and marketing program.
    It  is  the  responsibility of the Council to conduct the
election of Council directors within 30 days before  the  end
of  any  elected  Council  director's  term of office.  Newly
elected Council directors shall assume their  office  at  the
first  meeting of the Council after their election to office,
which shall be convened within 30 days  after  the  election.
Notice  of  the meeting shall be sent to the directors of the
Council at least 10 days before the meeting.  The notice must
state the time, date, and place of the meeting.
    Reasonable  notice  of  elections  of  directors  of  the
Council must be given at least once in trade publications and
in the public press at least 30 days before the election.
    The Council may declare an office of director vacant  and
appoint  a  swine  producer  subject to the program from that
district to serve the unexpired term of any  director  unable
or unwilling to complete his or her term of office.

    Section  30.   Referenda.  All swine producers subject to
the marketing program shall have the opportunity to vote in a
referendum  to  determine   the   adoption,   amendment,   or
continuation of a marketing program.
    All referenda shall be by secret ballot.  Voting shall be
by  mailed  ballot.    No less than 14 calendar days shall be
allowed for swine producers subject to the  program  to  cast
their  ballots.  Procedure  shall  be  provided  for absentee
voting. Reasonable notice of all referenda  held  under  this
Act  must be given at least once in trade publications and in
the public press at least 30 days before the referendum.
    The ballots shall be returned to the Illinois  Department
of  Agriculture.  Such ballots shall be returned or delivered
to the Department no later than the date for  the  conclusion
of the voting period. The Department shall secure all ballots
until  they  are  tallied.   The  Department  shall appoint a
3-person teller committee to tally the vote  and  shall  make
the results of the referendum public.
    The  initial referendum to adopt an Illinois Swine Market
Development Program and to set the amount  of  an  assessment
may  be  conducted  at  any time by the Board of the Illinois
Pork   Producers   Association.    The   Board   shall   hold
informational meetings on the initial marketing program.
    Any producer who is qualified under any marketing program
is entitled to one vote.  The referendum  area  includes  the
entire State of Illinois.

    Section 35.  Powers and duties of the Council.
    (a)  The Council shall:
         (1)  receive  and  disburse  funds, as prescribed in
    this Act  and  the  marketing  program,  to  be  used  in
    administering  and  implementing  the  provisions and the
    intent of this Act and the marketing program;
         (2)  annually elect a  Chairperson  from  among  its
    members  who  may succeed himself or herself for not more
    than one term;
         (3)  annually elect a Secretary-Treasurer from among
    its members;
         (4)  meet regularly and at any other  times  at  the
    call  of  the Chairperson, or when requested by 4 or more
    directors of the Council; all meetings must  comply  with
    the Open Meetings Act;
         (5)  maintain  a  permanent  record  of its business
    proceedings;
         (6)  maintain a permanent and detailed record of its
    financial dealings;
         (7)  prepare and publish annually  an  activity  and
    financial   report   for  the  marketing  program  to  be
    available  to  all  of  the  affected  producers  of  the
    marketing program.  All expenditures under each marketing
    program  shall  be  audited  at  least  annually   by   a
    registered  public  accountant.   Within  30  days  after
    completion  of  such  audit,  the  results  shall be made
    available to the Director of the Illinois  Department  of
    Agriculture;
         (8)  bond  the  treasurer  and  such  other  persons
    necessary  to  insure  adequate  protection  of funds and
    deposit program funds in a  secure  banking  institution;
    and
         (9)  maintain  an  office  at a specific location in
    Illinois.
    (b)  The Council may:
         (1)  conduct  or  contract   with   any   accredited
    university,  college,  or  similar  institution and enter
    into other contracts or  agreements  that  will  aid  the
    Council  in  carrying  out  the  purposes of the program,
    including contracts for the purchase  or  acquisition  of
    facilities  or  equipment  necessary  to  carry  out  the
    purposes of the program;
         (2)  disseminate reliable information benefiting the
    consumer and the swine industry  on  subjects  including,
    but   not  limited  to,  purchase,  identification,  care
    storage, handling,  cookery,  preparation,  serving,  and
    nutritive value of pork and pork products;
         (3)  provide  information  to  government bodies and
    act jointly or in cooperation with the State  or  federal
    government,  and  agencies  thereof,  to  facilitate  the
    objectives of the program;
         (4)  sue and be sued as a Council without individual
    liability  of  the  members  for acts of the Council when
    acting within the scope of the powers of this Act and  in
    the manner prescribed by the laws of this State;
         (5)  borrow money from licensed lending institutions
    in an amount that is not cumulatively greater than 50% of
    the Council's anticipated annual income;
         (6)  maintain a financial reserve for emergency use,
    the  total  of  which may not exceed 50% of the Council's
    anticipated annual income;
         (7)  appoint    advisory    groups    composed    of
    representatives   from    organizations,    institutions,
    government, or businesses related to or interested in the
    welfare  of  the  swine  industry  and the pork-consuming
    public;
         (8)  employ subordinate officers  and  employees  of
    the  Council  and  prescribe  their  duties and fix their
    compensation and terms of employment;
         (9)  cooperate with any local, State,  regional,  or
    nationwide  organization  or  agency or person engaged in
    work or activities consistent with the objectives of  the
    program;
         (10)  cause    any    duly   authorized   agent   or
    representative of the Council to enter upon the  premises
    of  any market agency, market agent, collection agent, or
    collection  agency,  or  any   person   responsible   for
    remitting assessments to the Council and examine or cause
    to be examined by an authorized agent only books, papers,
    and  records that deal in any way with the payment of the
    assessment adopted pursuant to  this  Act  and  marketing
    program;
         (11)  provide  services  that  enhance profitability
    and consumer preference for pork; and
         (12)  carry out the duties and  responsibilities  as
    set forth in this Act and marketing program.

    Section 40.  Acceptance of grants and gifts.  The Council
may  accept  grants,  donations, contributions, or gifts from
any source and may  use  these  moneys  consistent  with  the
objectives of the program.

    Section 45.  Payments to organizations.
    (a)  The  Council may pay funds to other organizations or
persons for work or services performed  that  are  consistent
with the objectives of the program.
    (b)    Before  making payments described in this Section,
the Council  must  secure  agreements  in  writing  that  the
organization  or  persons  receiving payment will (i) furnish
yearly or at the request of the Council  written  or  printed
reports  of  program activities and reports of financial data
that are related to the Council's funding of these activities
and (ii) agree to  have  appropriate  representatives  attend
business  meetings  of the Council as reasonably requested by
the Chairperson of the Council.
    (c)  The Council may require  adequate  proof  of  surety
bonding on funds paid to any person or organization.

    Section 50.  Collection of moneys.
    (a)  Every  person  who  is responsible for remitting the
assessment as established  in  the  marketing  program  shall
deduct  the  amount  of  the  assessment  as  directed in the
marketing program.
    (b)  The person responsible for remitting the  assessment
shall  forward the assessed funds to the Council on a monthly
basis.  The Council shall provide appropriate business  forms
for  the  convenience of the person responsible for remitting
the assessment.
    (c)  Failure  of  the  person  who  is  responsible   for
collecting   and   remitting   to   the  Council  assessments
authorized by this Act and marketing program is  grounds  for
the  Council  to  request  that  the  Illinois  Department of
Agriculture suspend or refuse to issue the  person's  license
under  the Livestock Auction Market Law or Illinois Livestock
Dealer Licensing Act.
    (d)  The Council shall maintain financial records of  all
moneys received under the marketing program.
    (e)  Any  due  and payable assessment required under this
Act and marketing program constitutes a personal debt of  the
person  so  assessed  or  the  person  who otherwise owes the
assessment.  In the event of failure of a person to remit any
properly due assessment, the Council may bring a civil action
against that person in the circuit court of  any  county  for
the collection thereof, and may add an additional 10% penalty
assessment,   cost   of   enforcing  the  collection  of  the
assessment, and court costs.  The action shall be  tried  and
judgment  rendered  as in any other cause of action for debts
due and payable.  All assessments, penalty  assessments,  and
enforcement costs are due and payable to the Council.
    (f)  All  moneys  assessed  under  this Act and marketing
program are bona fide business expenses for the seller  under
the tax laws of this State.
    (g)  The  Council  may  adopt  reciprocal agreements with
other swine councils or similar organizations.

    Section 55.  Refunds.
    (a)  Any person who has had an assessment  deducted  from
under  the  provisions  of  this Act and marketing program is
entitled to a full and prompt refund.  The  refund  shall  be
made  in  a manner consistent with this Act and any marketing
program for the time that the program is in effect.
    (b)  The Council shall  make  available  to  all  persons
responsible for collecting and remitting the assessment forms
for  requesting  refunds.   The refund request forms shall be
submitted by the swine producer within 60 days after the date
of assessment.
    (c)  A refund claim by the swine  producer  must  include
his or her signature, date and place of assessment, number of
swine,  and  amount  of  assessment  deducted  and  must have
attached  to it proof of the assessment.
    (d)  If the Council has reasonable doubt  that  a  refund
claim  is  valid, it may withhold payment and take any action
that may be deemed necessary to determine its validity.
    (e)  All requests for refunds shall be initiated  by  the
producer.

    Section  60.   Surety bond.  Any person authorized by the
Council to receive or  disburse  funds  must  post  with  the
Council a surety bond in an amount determined by the Council.
Premiums  covering  bonds for employees, officers, or members
of the Council shall be paid by the Council.
    Section 65.  Compliance.  No person may knowingly fail or
refuse to comply with the requirements  of  this  Act  or  an
adopted  marketing  program.   The  Council may institute any
action that is necessary to enforce compliance with this  Act
or  an  adopted  marketing program.  In addition to any other
remedy provided by law, the Council may petition the  circuit
court  for injunctive relief without being required to allege
or prove the absence of any adequate remedy at law.

    Section 70. Duration of program.
    (a)  Any marketing program adopted  by  referendum  shall
remain in effect until amended or repealed.
    (b)  Upon  delivery  by  certified  mail  to  the Council
office of petitions from each of the 7  districts  containing
the  signatures  of  at  least  100  swine  producers in each
district that are  qualified  to  vote,  stating  "Shall  the
Illinois  Swine  Market  Development  Program continue?", the
Council shall,  within  90  days,  conduct  a  referendum  to
determine  if  a majority of the swine producers qualified to
vote in  the  referendum  support  the  continuation  of  the
Illinois  Swine  Market  Development Program.  Referendums on
the question of the continuation of a program may not be held
more  than  once  every  5  years.   The  continuation  of  a
marketing program shall be  determined  by  the  same  voting
requirements as for adoption of the marketing program.
    (c)  A  marketing program may be amended by utilizing the
same procedures as for  determining  the  continuation  of  a
program. The Council may at any time deemed necessary propose
amendments to a marketing program.

    Section 75.  Termination of program.  Upon termination of
any  marketing program, all remaining unobligated funds shall
be refunded on a pro rata basis to the  producers  from  whom
the assessments were collected in the preceding 2 years.
    Section  80. Suspension of program.  The operation of any
marketing program or any part thereof may  be  suspended  for
any reasonable cause by the Council.

    Section  85.  Illinois  Administrative Procedure Act. The
marketing program, procedures relative to the adoption of any
marketing program  or  amendment  to  an  existing  marketing
program  shall  not  be  subject  to  the  provisions  of the
Illinois Administrative Procedure Act.

    Section 90. Invalidity.  If any provision of this Act  or
application  thereof  to  any person or circumstances is held
invalid, that invalidity does not affect other provisions  or
applications of this Act that can be given effect without the
invalid  application  or  provision,  and  to  this  end  the
provisions of this Act are declared to be severable.

    Section 999.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 08, 2001.
    Approved July 25, 2001.

[ Top ]