(505 ILCS 25/9)
(from Ch. 5, par. 1409)
Collection of monies at time of marketing.
(a) Every marketing agency licensed to do business in the State of
Illinois shall deduct from the gross receipts of the seller, at the time of
sale, an assessment established by referendum, as
recommended by the Checkoff Division, on all cattle marketed in the State in addition to
any assessment for a National Promotion Research Program, created by federal
law, which may be in effect.
(b) The collecting agent shall assemble all such monies and forward them
to the Checkoff Division on a regular basis, not less often than monthly, and the Checkoff Division
shall provide appropriate business forms for the convenience of
the collecting agent in executing this duty.
Failure of the collecting agent to deduct or forward funds under this
Section is grounds for the Checkoff Division to request the Department of Agriculture
to suspend or refuse to issue the collecting agent's licenses issued under
the Livestock Auction Market Law or Livestock Dealer Licensing Act.
(c) The Checkoff Division shall maintain within its financial record a separate
accounting of all monies received under the provisions of this Section.
(d) Any due and payable assessment/deduction required under this Act
constitutes a personal debt of the person so assessed or who otherwise
owes the assessment/deduction. In the event of failure of a person to
remit any properly due assessment/deduction or sum, the Checkoff Division 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 Checkoff Division.
(e) All monies deducted under the provisions of this Section shall be
considered as bonafide business expenses for the seller as provided for
under the tax laws of this State.
(f) The Checkoff Division may adopt reciprocal agreements with other Beef Councils
or like organizations, on moneys collected at Illinois collecting agencies
on cattle from other states and on Illinois cattle sold at other state markets.
(Source: P.A. 99-389, eff. 8-18-15.)