97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2879

 

Introduced 2/22/2011, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
505 ILCS 80/6  from Ch. 5, par. 55.6
505 ILCS 80/6a  from Ch. 5, par. 55.6a
505 ILCS 80/6b  from Ch. 5, par. 55.6b

    Amends the Illinois Fertilizer Act of 1961. Provides that inspection fees for all commercial fertilizers and custom mixes shall be $1 per ton (up from 25¢ per ton). Provides that seven-eighths (up from one-half) of the $1 per ton inspection fee shall be paid into the Fertilizer Control Fund. Provides that not less than 50% of the funds appropriated to the fertilizer research and education program shall be used for projects designed to avoid or reduce water pollution that may arise from the use of fertilizer in agriculture. Increases the Fertilizer Research and Education Council members to 15 (up from 9) and provides qualifications for the additional members. Makes other changes. Effective January 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Fertilizer Act of 1961 is amended
5by changing Sections 6, 6a, and 6b as follows:
 
6    (505 ILCS 80/6)  (from Ch. 5, par. 55.6)
7    Sec. 6. Inspection fees.
8    (a) There shall be paid to the Director for all commercial
9fertilizers or custom mix distributed in this State an
10inspection fee at the rate of $1 25¢ per ton. Sales to
11manufacturers or exchanges between them are hereby exempted
12from the inspection fee.
13    On individual packages of commercial or custom mix or
14specialty fertilizers containing 5 pounds or less, or if in
15liquid form containers of 4,000 cubic centimeters or less,
16there shall be paid instead of the $1 25¢ per ton inspection
17fee, an annual inspection fee of $1 $25 for each grade within a
18brand sold or distributed. Where a person sells commercial or
19custom mix or specialty fertilizers in packages of 5 pounds or
20less, or 4,000 cubic centimeters or less if in liquid form, and
21also sells in larger packages than 5 pounds or liquid
22containers larger than 4,000 cubic centimeters, this annual
23inspection fee of $1 $25 applies only to that portion sold in

 

 

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1packages of 5 pounds or less or 4,000 cubic centimeters or
2less, and that portion sold in larger packages or containers
3shall be subject to the same inspection fee of $1 25¢ per ton
4as provided in this Act. The increased fees shall be effective
5after January 1, 2012 June 30, 1989.
6    (b) Every person who distributes a commercial fertilizer or
7custom mix in this State shall file with the Director, on forms
8furnished by the Director, a semi-annual statement for the
9periods ending June 30 and December 31, setting forth the
10number of net tons of each grade of commercial fertilizers
11within a brand or the net tons of custom mix distributed. The
12report shall be due on or before the 15th day of the month
13following the close of each semi-annual period and upon the
14statement shall pay the inspection fee at the rate stated in
15paragraph (a) of this Section.
16    Seven-eighths One half of the $1 25¢ per ton inspection fee
17shall be paid into the Fertilizer Control Fund and all other
18fees collected under this Section shall be paid into the State
19treasury.
20    If the tonnage report is not filed and the payment of
21inspection fee is not made within 30 days after the end of the
22semi-annual period, a collection fee amounting to 10% (minimum
23$10) of the amount shall be assessed against the registrant.
24The amount of fees due shall constitute a debt and become the
25basis of a judgment against the registrant. Upon the written
26request to the Director additional time may be granted past the

 

 

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1normal date of filing the semi-annual statement.
2    When more than one person is involved in the distribution
3of a commercial fertilizer, the last registrant who distributes
4to the non-registrant (dealer or consumer) is responsible for
5reporting the tonnage and paying the inspection fee.
6(Source: P.A. 93-32, eff. 7-1-03.)
 
7    (505 ILCS 80/6a)  (from Ch. 5, par. 55.6a)
8    Sec. 6a. The Department is hereby authorized to establish a
9program and expend appropriations for a fertilizer research and
10education program dealing with the relationship of fertilizer
11use to soil management, soil fertility, plant nutrition
12problems, and for research on environmental concerns which may
13be related to fertilizer usage; for the dissemination of the
14results of such research; for projects to reduce or avoid water
15pollution that may arise from use of fertilizer; and for other
16designated activities including educational programs to
17promote the correct and effective usage of fertilizer
18materials. Not less than 50% of the funds shall be used for
19projects designed to avoid or reduce water pollution that may
20arise from the use of fertilizer in agriculture.
21    To assist in the development and administration of the
22fertilizer research and education program, the Director is
23authorized to establish a Fertilizer Research and Education
24Council consisting of 15 9 persons. This council shall be
25comprised of 3 persons representing the fertilizer industry, 3

 

 

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1persons representing crop production, 3 persons representing
2soil and water conservation districts, 3 persons representing
3environmental organizations that work on avoiding or reducing
4water pollution caused by the use of agricultural fertilizer,
5and 2 persons representing the public at large. In the
6appointment of persons to the council, the Director shall
7consult with representative persons and recognized
8organizations in the respective fields concerning such
9appointments. The Director or his representative from the
10Department shall act as chairman of the council. The Director
11shall call meetings thereof from time to time or when requested
12by 3 or more appointed members of the council.
13    The responsibilities of the Fertilizer Research and
14Education Council are to:
15        (a) solicit research and education projects consistent
16    with the scope of the established fertilizer research and
17    education program;
18        (b) review and arrange for peer review of all research
19    proposals for scientific merit and methods, and review or
20    arrange for the review of all proposals for their merit,
21    objective, methods and procedures;
22        (b-5) solicit and provide grants for projects to avoid
23    or reduce water pollution from agricultural use of
24    fertilizer and review the scientific merit and
25    cost-effectiveness of proposed projects;
26        (c) evaluate the proposed budget for the projects and

 

 

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1    make recommendations as necessary; and
2        (d) monitor the progress of projects and report at
3    least once each 6 months on each project's accomplishments
4    to the Director and Board of Agricultural Advisors.
5    The Fertilizer Research and Education Council shall at
6least annually recommend projects to be approved and funded
7including recommendations on continuation or cancellation of
8authorized and ongoing projects to the Board of Agricultural
9Advisors, which is created in Section 5-525 of the Departments
10of State Government Law (20 ILCS 5/5-525). The Board of
11Agricultural Advisors shall review the proposed projects and
12recommendations of the Fertilizer Research and Education
13Council and recommend to the Director what projects shall be
14approved and their priority. In the case of authorized and
15ongoing projects, the Board of Agricultural Advisors shall
16recommend to the Director the continuation or cancellation of
17such projects.
18    When the Director, the Board of Agricultural Advisors, and
19the Fertilizer Research and Education Council approve a project
20and subject to available funds deposited into the Fertilizer
21Control Fund appropriations, the Director shall grant funds to
22the person originating the proposal.
23(Source: P.A. 91-239, eff. 1-1-00.)
 
24    (505 ILCS 80/6b)  (from Ch. 5, par. 55.6b)
25    Sec. 6b. The amount annually deposited in the Fertilizer

 

 

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1Control Fund shall be appropriated for the operation of the
2Fertilizer Research and Education Program. Funds deposited
3into the Fund for the Fertilizer Research and Education Program
4shall not be subject to transfer to the General Revenue Fund.
5    These moneys shall be used for expenses consistent with
6carrying out the purpose and intent of the program, which
7include council expenses, peer review, and contracts to persons
8for research or education projects and costs associated with
9general operating expenses, such as administrative support,
10travel, commodities, and printing. The Department shall
11receive 3% of the annual amount deposited in the Fertilizer
12Control Fund.
13(Source: P.A. 91-754, eff. 7-1-00.)
 
14    Section 99. Effective date. This Act takes effect January
151, 2012.