(505 ILCS 145/1)
Sec. 1.
Short title.
This Act may be cited as the Wheat Development Act.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/5)
Sec. 5.
Legislative purpose.
The following is declared to be the
legislative policy of this Act:
(1) to foster development of new markets for wheat and wheat products;
(2) to provide research needed to improve the efficiency of the wheat
production, marketing and utilization of
wheat;
(3) to enhance more efficient and economical production of wheat;
(4) to enable the wheat industry to adapt to changing market demands; and
(5) to foster communications and cooperation in all phases of the wheat
industry-producers, business,
institutions, and agencies in order to provide an adequate and equitable level
of economic returns.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/10)
Sec. 10.
Definitions.
For the purpose of this Act, unless the context clearly
requires otherwise:
"Bushel" means 60 pounds of wheat by weight.
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Eligible voter" means one who is defined both as a person
and a producer in this program.
"First purchaser" means a person who resells wheat purchased from a
producer or offers for sale any
product produced from wheat for any purpose.
"Person" means a natural person, partnership, corporation, society,
association, representative, or other
fiduciary.
"Producer" means a person who is actively engaged in the production
of wheat and who receives income
from the production of wheat, unless otherwise defined in wheat marketing
program.
"Wheat" means and includes all kinds and varieties of wheat grown in
this State and marketed and sold as
wheat by the producer.
"Wheat development" means to engage in research and educational
programs directed toward improving
production and utilization of wheat, providing methods and means for
the maintenance of present markets, and
developing new and larger domestic and foreign markets.
"Wheat development board" means the board established under this Act
to administer a wheat development program.
"Wheat development program" means a program established under this
Act which prescribes procedures
for the development of markets for wheat and wheat products.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/15)
Sec. 15.
Wheat development programs; requirements.
A wheat development program proposed or adopted under this
Act shall include where applicable the
following:
(1) a definition of terms;
(2) the purpose of the program;
(3) the maximum assessment rates and equitable procedures for adjustment
of the maximum assessment rates
provided for by the program;
(4) equitable procedures for collection of the assessment provided for by
the program;
(5) the election procedure and qualifications of the wheat development
board members, representation on the
wheat development board, terms of office, compensation, if any, and other
necessary provisions pertaining to the board;
(6) the operating procedures of the program; and
(7) the qualifications for exempting wheat or producers where
exemptions are applicable.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/20)
Sec. 20.
Optional programs; contracts; political activities.
A wheat development program proposed or adopted under this
Act may include any of the following:
(1) Wheat development and research programs.
(2) Wheat promotion, education and public relations programs.
(3) Wheat information services.
(4) The right to contract with qualified organizations, agencies or
individuals for any of the activities listed in
items (1), (2), and (3) of this Section.
(5) A provision that assessments authorized in a development program
shall not be used for political activity or for
preferential treatment of any person to the detriment of other persons in the
development program.
(6) Other provisions not inconsistent with this Act or other Illinois or
federal laws and regulations.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/25)
Sec. 25. Temporary program committee; proposals; procedures. After the effective date of this Act if there are sponsors
willing and able to meet the requirements of
Section 35, the Director shall appoint a temporary wheat development program
committee consisting of 7 members
who are wheat producers nominated by an association representing wheat producers to develop a wheat development program proposal. The
proposal shall be considered at a
public hearing. After the close of the public hearing, the Director and
temporary wheat development program
committee shall send copies of their findings to all parties of record
appearing at the hearing. If the proposal is
approved by the temporary wheat development program committee, a referendum
shall be held on the proposal in
accordance with Section 30 of this Act.
The Director, upon recommendation of the temporary wheat development program
committee, shall establish
procedures for the qualifications of producers for wheat development programs,
the participation of producers in
hearings and referenda, and other procedures necessary in the development and
adoption of a wheat development
program. These procedures shall not be subject to the provisions of the
Illinois Administrative Procedure Act;
however, the Director shall take any necessary steps to inform affected persons
of the procedures, including
publication of the procedures in the Illinois Register.
(Source: P.A. 98-343, eff. 8-13-13.)
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(505 ILCS 145/30)
Sec. 30. Referenda; petitions. Within 90 days after final approval of any proposed wheat development program
by the temporary wheat
development program committee,
the Director shall determine by referendum whether
the affected producers assent to
the proposed wheat development program. The proposed wheat development
program is approved when a
majority of those voting in the referendum vote in favor of the proposed wheat
development program. Following
approval of the program, the Department shall file the program with the
Secretary of State
as provided in Section 5-65 of the
Illinois Administrative Procedure Act.
If a proposed wheat development program is not approved by
referendum, no additional referendum on
a wheat development program may be held for 2 years from the date of the
close of the referendum period. An additional
referendum shall be called by the Director upon request by petition
of 500 producers of wheat from across the State. Before holding an additional
referendum, the
Director shall appoint a temporary wheat development program committee
consisting of 7 members who are
wheat producers nominated by an association representing wheat producers. The temporary wheat development program committee shall
follow
the procedures set forth in Section 25.
(Source: P.A. 98-343, eff. 8-13-13.)
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(505 ILCS 145/35)
Sec. 35.
Wheat Commodity Trust Fund; expenses; reimbursements.
Before considering any proposed wheat development
program or amendment, the Director may
require the sponsors to deposit an amount not to exceed
$5,000 to defray the
expenses of preparing, holding hearings, and conducting the referendum on the
wheat development program or
amendment. Any funds received by the Director shall be deposited with the
State Treasurer as ex-officio custodian
and held separate and apart from any other public moneys of this State
in a trust fund designated as the
Wheat Commodity Trust Fund. Money in the Fund may be disbursed only upon a
voucher or order issued by
the Director and paid by a
warrant drawn by the State Comptroller and countersigned by the State
Treasurer. The Director shall order
disbursements from the Wheat Commodity Trust Fund only for payment of the
expenses authorized by this Act.
Any funds collected beyond actual expenses shall be refunded to the sponsors.
The treasurer of the
wheat development board shall reimburse the sponsors in the amount of the
deposit, less any refunds, from fees
received under the program if a program is established.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/40)
Sec. 40.
Voting; polling places; qualifications.
In a referendum under this Act, voting shall be by ballot
cast by eligible voters in a manner, as
determined by the Director, that will make it easy to vote throughout the
State. A producer who is qualified under
the wheat development program is entitled to one vote. The referendum area
includes the entire State of Illinois.
Reasonable publicity and notification of the referendum date and voting
locations shall be provided in trade
publications, the public press, and the official state newspaper, at least 2
weeks prior to the referendum date.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/45)
Sec. 45.
Duration of program; termination.
A wheat development program established under this Act shall
remain in effect for 5 years. Thereafter, the
program shall automatically be extended from year to year unless a referendum
for continued approval is required by
written petition of no less than 5% of the affected producers from across the
State. The referendum
to determine the continued approval of
a wheat development program shall be in accordance with Section 40 of this
Act.
Continuation or termination shall be determined by the same voting requirements
as for adoption of the wheat development
program set forth in Section 30.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/50)
Sec. 50.
Wheat Development board; officers; expenses.
A wheat development program established under this Act
shall provide for a wheat development board
consisting of at least one member from each district which will be charged with
the administration of the program.
The board shall consist of one member elected from each of the districts
as established in the wheat development
program.
The wheat development board shall elect from its members a chairman,
secretary, treasurer, and such other
positions as may be provided for in the wheat development program. The term
of office for members of the wheat
development board shall be for 3 years, except that the term of the members of
the board first taking office shall be
for 1, 2, or 3 years as determined by the initial board. The wheat
development board shall establish the
number of members for each term of office of the initial wheat development
board and shall provide the procedure for
the election of members in subsequent years.
All voting members of the wheat development board are entitled to actual
and necessary travel and incidental
expenses while attending meetings of the board or while engaged in the
performance of official responsibilities as
determined by the board and provided for in the wheat development program.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/55)
Sec. 55.
Elections; candidates; vacancies.
For the initial board any wheat producer may be elected only
if he first has his name placed on the ballot by
filing with the Director a petition containing a number of signatures equal to
the lesser of 50 or 5% of those
producers in his district qualified to vote on the referendum. All candidates
shall be natural persons who are
producers and residents in the district for which they are nominated. Notice
of the initial election of members of the
board shall be given in trade publications, the public press, and statewide
newspapers at least 2 weeks prior to the
election. Vacancies on the wheat development board during the term of office
shall be filled by the wheat
development board with a producer from the district for the balance of the
unexpired term. In subsequent years, an
election shall be held to fill any expiring term on the board. Elections shall
be in the same fashion as for initial board
members. The election procedure shall be as provided in this Section unless
otherwise provided for in the wheat
development program. Candidates receiving the greatest number of votes at any
election shall be elected.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/60)
Sec. 60.
Duties.
The duties and responsibilities of the wheat development board
shall be prescribed in the authority for each
wheat development program and to the extent applicable shall include the
following:
(1) to develop and direct the wheat development program;
(2) to prepare and approve a budget consistent with estimated receipts and
the scope of the wheat development
program;
(3) to formulate and execute assessment procedures, rates, and methods of
collection;
(4) to procure and evaluate data and information necessary for the proper
administration and operation of the
wheat development program;
(5) to employ personnel and contract for services that are necessary for
the proper operation of the wheat
development program;
(6) to authorize the expenditure of funds and the contracting of
expenditures to conduct proper activities of the
program;
(7) to bond the treasurer and other persons necessary to insure
adequate protection of funds; and
(8) to perform other duties that are necessary to the proper operation
of the program.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/65)
Sec. 65.
Director; duties.
For any wheat development program approved by referendum
under this Act the Director shall:
(1) take steps to insure that adequate and proper records are kept and
that an annual audit summary is available
to all program participants;
(2) take steps to insure that adequate bonds are maintained;
(3) coordinate administrative activities between the wheat development
board and the Department; and
(4) confer and cooperate with the legally constituted authorities of
other states and the United States.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/70)
Sec. 70. Assessments. A properly qualified wheat development program shall
provide for assessments against producers of the
affected commodity to defray the costs of the activities provided for in the
wheat development program.
Assessments authorized in a wheat development program shall be based on the
quantity of commodity marketed and
shall be equitably assessed against all affected producers.
The total assessment levied on the commodity of any affected producer may
be up to 1.5 cents per bushel of wheat
produced and sold by that producer as established by the temporary program committee. After the first 5 years a program is in
operation, the wheat development board
may request the Director to hold a referendum to increase the assessment rate.
A referendum to increase the
assessment rate shall be considered approved if a majority of those producers
voting in the referendum vote in favor
of the increase. The wheat development board shall increase the rate as set
in
the
referendum.
The wheat development board shall require the first purchaser of wheat to
withhold and remit the assessments to
the wheat development board. A first purchaser remitting the assessments for
any producer shall deduct the proper
amount of assessment from any amount that he owes to the producer. The wheat
development board shall have
the power to cause any duly authorized agent or representative to enter upon
the premises of any purchaser of wheat
and examine or cause to be examined only books, papers, and
records that deal in any way with
respect to the payment of the assessment or enforcement of this Act.
(Source: P.A. 98-343, eff. 8-13-13.)
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(505 ILCS 145/75)
Sec. 75. Refunds. A producer who has sold wheat and has an assessment deducted
from the sale price may, by application in
writing to the board, secure a refund in the amount deducted. The refund shall
be payable only if the application
has been made to the board within 90 days after the deduction. Interest shall
be allowed and paid at the rate of 6%
per annum upon the total amount of the assessment imposed by this Act, except
that if any assessment is
refunded within 90 days after an application for refund has been made within
the required 60 days after deduction or
within 90 days after the first purchaser of wheat remits the assessments
withheld and deducted to the wheat
development board, whichever is later, no interest shall be allowed on such
assessment. An application for refund
by a producer shall provide proof of assessment deducted.
(Source: P.A. 98-343, eff. 8-13-13.)
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(505 ILCS 145/80)
Sec. 80.
Collection of assessments; penalties; actions.
Persons who collect wheat development program assessment
funds pursuant to Section 70 of this Act shall
remit those funds to the wheat development board which shall deposit the funds
in an
account to be used as authorized
by the wheat development program.
A due and payable assessment required under the provisions of a wheat
development program created
under this Act constitutes a personal debt of the person so assessed or who
otherwise owes the assessment.
The assessment is due and payable to the wheat development board not more
frequently than quarterly or when
stipulated in the wheat development program and called for by the wheat
development board. In the event any
person fails to remit the full amount of the assessment or other sum
within 30 days after the due date, the
person owing the assessment shall be given an opportunity to present his case
as provided for in Section 95 of this
Act. When established that the assessment is correct, the wheat marketing
board may add to the unpaid
assessment or sum a penalty amount not exceeding 10% of the amount due plus all
the cost of enforcing the
collection of the assessment or amount due. If a
person fails to remit any properly due assessment
or sum, the wheat development board may bring a civil action for collection
against the
person in the circuit court of any county,
together with the additional specified 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 are due and payable to
the wheat development board.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/85)
Sec. 85.
Reports; audit.
The wheat development board shall publish annually an activity
and financial report for the wheat
development program. The report shall be available to all of the affected
producers of the
wheat development program. All
expenditures under each wheat development program shall be audited at least
annually by a registered public
accountant. Within 30 days after completion of an audit, the results shall
be made available to the Director.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/90)
Sec. 90.
Termination of program; unobligated funds.
Upon termination of a wheat development program, all
remaining unobligated funds shall be refunded to
the Illinois Department of Agriculture to be used for wheat development
programs.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/95)
Sec. 95.
Enforcement; actions; injunctions.
No person shall knowingly fail or refuse to comply with any
requirement of this Act where obligated to
comply by a duly approved wheat development program. The wheat development
board may institute any action
necessary to enforce compliance with any provision of this Act or any
wheat development program
adopted pursuant to this Act. In addition to any other remedy provided by law,
the wheat development board may
petition for injunctive relief without being required to allege or prove the
absence of any adequate remedy at law.
Before the wheat development board may institute any proceedings under this
Act, the alleged violator shall first
be given an opportunity to present his views to the wheat development board as
to why proceedings should not be
instituted. Such hearings shall be subject to the Illinois Administrative
Procedure Act.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/100)
Sec. 100.
Amendments; hearings; referendum.
A proposed amendment to an existing wheat development program
may be requested by petition to the
Director by 5% of the affected producers from across the State or by a
two-thirds majority vote of the wheat
development board. If any amendment to an existing wheat development program
is proposed, the Director shall
hold a public hearing to consider the amendment. After the close of the
public hearing, the Director and the wheat
development board shall send copies of their findings to all parties of record
appearing at the hearing. A referendum may be held on the amendment in
accordance
with Section 40 subject to the same voting requirements for adoption of the
wheat
development program as set forth in
Section 30. When an amendment is approved by referendum, the Department
shall file the amendment with the
Secretary of State as provided in Section 5-65 of the Illinois Administrative
Procedure Act.
The Director, upon recommendation of the wheat development board, shall
establish procedures necessary in the
development and adoption of the proposed amendment to an existing wheat
development program. The
procedures shall be included in the rules of the Department required by Section
5-15 of the Illinois Administrative
Procedure Act.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/105)
Sec. 105.
Suspension of program.
The operation of a wheat development program or any part thereof may be
temporarily suspended for any
reasonable cause by the wheat development board, for any period of time not to
exceed one growing and marketing
season.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/110)
Sec. 110.
Administrative Procedure Act; application.
Sections 25 and 30 of this Act shall not be subject to Sections
5-35, 5-40, 5-100, 5-105, 5-110, 5-115, 5-120, 5-125,
and 5-130 of the Illinois Administrative Procedure Act.
(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/199)
Sec. 199.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 90-377, eff. 8-14-97.)
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