Illinois General Assembly - Full Text of HB2709
Illinois General Assembly

Previous General Assemblies

Full Text of HB2709  98th General Assembly




HB2709 EnrolledLRB098 08615 CEL 38733 b

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 Wheat Development Act is amended by changing
5Sections 25, 30, 70, and 75 as follows:
6    (505 ILCS 145/25)
7    Sec. 25. Temporary program committee; proposals;
8procedures. After the effective date of this Act if there are
9sponsors willing and able to meet the requirements of Section
1035, the Director shall appoint a temporary wheat development
11program committee consisting of 7 members who are wheat
12producers nominated by an association representing wheat
13producers to develop a wheat development program proposal. The
14proposal shall be considered at a public hearing. After the
15close of the public hearing, the Director and temporary wheat
16development program committee shall send copies of their
17findings to all parties of record appearing at the hearing. If
18the proposal is approved by the temporary wheat development
19program committee, a referendum shall be held on the proposal
20in accordance with Section 30 of this Act.
21    The Director, upon recommendation of the temporary wheat
22development program committee, shall establish procedures for
23the qualifications of producers for wheat development



HB2709 Enrolled- 2 -LRB098 08615 CEL 38733 b

1programs, the participation of producers in hearings and
2referenda, and other procedures necessary in the development
3and adoption of a wheat development program. These procedures
4shall not be subject to the provisions of the Illinois
5Administrative Procedure Act; however, the Director shall take
6any necessary steps to inform affected persons of the
7procedures, including publication of the procedures in the
8Illinois Register.
9(Source: P.A. 90-377, eff. 8-14-97.)
10    (505 ILCS 145/30)
11    Sec. 30. Referenda; petitions. Within 90 days after final
12approval of any proposed wheat development program by the
13temporary wheat development program committee, the Director
14shall determine by referendum whether the affected producers
15assent to the proposed wheat development program. The proposed
16wheat development program is approved when a majority of those
17voting in the referendum vote in favor of the proposed wheat
18development program. Following approval of the program, the
19Department shall file the program with the Secretary of State
20as provided in Section 5-65 of the Illinois Administrative
21Procedure Act.
22    If a proposed wheat development program is not approved by
23referendum, no additional referendum on a wheat development
24program may be held for 2 years from the date of the close of
25the referendum period. An additional referendum shall be called



HB2709 Enrolled- 3 -LRB098 08615 CEL 38733 b

1by the Director upon request by petition of 500 producers of
2wheat from across the State. Before holding an additional
3referendum, the Director shall appoint a temporary wheat
4development program committee consisting of 7 members who are
5wheat producers nominated by an association representing wheat
6producers. The temporary wheat development program committee
7shall follow the procedures set forth in Section 25.
8(Source: P.A. 90-377, eff. 8-14-97.)
9    (505 ILCS 145/70)
10    Sec. 70. Assessments. A properly qualified wheat
11development program shall provide for assessments against
12producers of the affected commodity to defray the costs of the
13activities provided for in the wheat development program.
14Assessments authorized in a wheat development program shall be
15based on the quantity of commodity marketed and shall be
16equitably assessed against all affected producers.
17    The total assessment levied on the commodity of any
18affected producer may shall be up to 1.5 cents per bushel of
19wheat produced and sold by that producer as established by the
20temporary program committee. After the first 5 years a program
21is in operation, the wheat development board may request the
22Director to hold a referendum to increase the assessment rate.
23    A referendum to increase the assessment rate shall be
24considered approved if a majority of those producers voting in
25the referendum vote in favor of the increase. The wheat



HB2709 Enrolled- 4 -LRB098 08615 CEL 38733 b

1development board shall increase the rate as set in the
3    The wheat development board shall require the first
4purchaser of wheat to withhold and remit the assessments to the
5wheat development board. A first purchaser remitting the
6assessments for any producer shall deduct the proper amount of
7assessment from any amount that he owes to the producer. The
8wheat development board shall have the power to cause any duly
9authorized agent or representative to enter upon the premises
10of any purchaser of wheat and examine or cause to be examined
11only books, papers, and records that deal in any way with
12respect to the payment of the assessment or enforcement of this
14(Source: P.A. 90-377, eff. 8-14-97.)
15    (505 ILCS 145/75)
16    Sec. 75. Refunds. A producer who has sold wheat and has an
17assessment deducted from the sale price may, by application in
18writing to the board, secure a refund in the amount deducted.
19The refund shall be payable only if the application has been
20made to the board within 90 60 days after the deduction.
21Interest shall be allowed and paid at the rate of 6% per annum
22upon the total amount of the assessment imposed by this Act,
23except that if any assessment is refunded within 90 days after
24an application for refund has been made within the required 60
25days after deduction or within 90 days after the first



HB2709 Enrolled- 5 -LRB098 08615 CEL 38733 b

1purchaser of wheat remits the assessments withheld and deducted
2to the wheat development board, whichever is later, no interest
3shall be allowed on such assessment. An application for refund
4by a producer shall provide proof of assessment deducted.
5(Source: P.A. 90-377, eff. 8-14-97.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.