State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


      240 ILCS 40/1-25
          Amends the Grain  Code  to  change  the  caption  to  the
      provision concerning the promulgation of rules.
HB1680 Enrolled                                LRB9004399NTsb
 1        AN ACT concerning wheat marketing programs.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Wheat Development Act.
 6        Section   5.   Legislative  purpose.   The  following  is
 7    declared to be the legislative policy of this Act:
 8        (1)  to foster development of new markets for  wheat  and
 9    wheat products;
10        (2)  to provide research needed to improve the efficiency
11    of the wheat production, marketing and utilization of wheat;
12        (3)  to  enhance more efficient and economical production
13    of wheat;
14        (4)  to enable the wheat industry to  adapt  to  changing
15    market demands; and
16        (5)  to  foster  communications  and  cooperation  in all
17    phases   of   the   wheat    industry-producers,    business,
18    institutions,  and  agencies  in order to provide an adequate
19    and equitable level of economic returns.
20        Section 10.  Definitions. For the purpose  of  this  Act,
21    unless the context clearly requires otherwise:
22        "Bushel" means 60 pounds of wheat by weight.
23        "Department" means the Department of Agriculture.
24        "Director" means the Director of Agriculture.
25        "Eligible  voter"  means  one  who  is  defined both as a
26    person and a producer in this program.
27        "First  purchaser"  means  a  person  who  resells  wheat
28    purchased from a producer or  offers  for  sale  any  product
29    produced from wheat for any purpose.
30        "Person"    means    a   natural   person,   partnership,
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 1    corporation, society, association, representative,  or  other
 2    fiduciary.
 3        "Producer"  means a person who is actively engaged in the
 4    production  of  wheat  and  who  receives  income  from   the
 5    production  of  wheat,  unless  otherwise  defined  in  wheat
 6    marketing program.
 7        "Wheat"  means  and  includes  all kinds and varieties of
 8    wheat grown in this State and marketed and sold as  wheat  by
 9    the producer.
10        "Wheat  development"  means  to  engage  in  research and
11    educational programs directed toward improving production and
12    utilization of wheat, providing methods  and  means  for  the
13    maintenance of present markets, and developing new and larger
14    domestic and foreign markets.
15        "Wheat  development  board"  means  the board established
16    under this Act to administer a wheat development program.
17        "Wheat development program" means a  program  established
18    under   this   Act   which   prescribes  procedures  for  the
19    development of markets for wheat and wheat products.
20        Section 15.  Wheat development programs; requirements.  A
21    wheat  development program proposed or adopted under this Act
22    shall include where applicable the following:
23        (1)  a definition of terms;
24        (2)  the purpose of the program;
25        (3)  the   maximum   assessment   rates   and   equitable
26    procedures for adjustment of  the  maximum  assessment  rates
27    provided for by the program;
28        (4)  equitable   procedures   for   collection   of   the
29    assessment provided for by the program;
30        (5)  the  election  procedure  and  qualifications of the
31    wheat development board members, representation on the  wheat
32    development board, terms of office, compensation, if any, and
33    other necessary provisions pertaining to the board;
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 1        (6)  the operating procedures of the program; and
 2        (7)  the  qualifications for exempting wheat or producers
 3    where exemptions are applicable.
 4        Section  20.   Optional  programs;  contracts;  political
 5    activities. A wheat development program proposed  or  adopted
 6    under this Act may include any of the following:
 7        (1)  Wheat development and research programs.
 8        (2)  Wheat   promotion,  education  and  public relations
 9    programs.
10        (3)  Wheat information services.
11        (4)  The right to contract with qualified  organizations,
12    agencies  or  individuals for any of the activities listed in
13    items (1), (2), and (3) of this Section.
14        (5)  A  provision  that  assessments  authorized   in   a
15    development  program shall not be used for political activity
16    or for preferential treatment of any person to the  detriment
17    of other persons in the development program.
18        (6)  Other  provisions  not inconsistent with this Act or
19    other Illinois or federal laws and regulations.
20        Section  25.  Temporary  program  committee;   proposals;
21    procedures. After the effective date of this Act if there are
22    sponsors willing and able to meet the requirements of Section
23    35,  the Director shall appoint a temporary wheat development
24    program committee consisting  of  7  members  who  are  wheat
25    producers  to  develop  a wheat development program proposal.
26    The proposal shall be considered at a public hearing.   After
27    the  close  of the public hearing, the Director and temporary
28    wheat development program  committee  shall  send  copies  of
29    their  findings  to  all  parties  of record appearing at the
30    hearing.  If the proposal is approved by the temporary  wheat
31    development  program committee, a referendum shall be held on
32    the proposal in accordance with Section 30 of this Act.
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 1        The Director, upon recommendation of the temporary  wheat
 2    development program committee, shall establish procedures for
 3    the   qualifications   of  producers  for  wheat  development
 4    programs, the participation  of  producers  in  hearings  and
 5    referenda,  and other procedures necessary in the development
 6    and  adoption  of  a  wheat   development   program.    These
 7    procedures  shall  not  be  subject  to the provisions of the
 8    Illinois Administrative Procedure Act; however, the  Director
 9    shall  take any necessary steps to inform affected persons of
10    the procedures, including publication of  the  procedures  in
11    the Illinois Register.
12        Section  30.   Referenda; petitions. Within 90 days after
13    final approval of any proposed wheat development  program  by
14    the   temporary  wheat  development  program  committee,  the
15    Director shall determine by referendum whether  the  affected
16    producers  assent  to the proposed wheat development program.
17    The proposed wheat development program  is  approved  when  a
18    majority  of  those voting in the referendum vote in favor of
19    the proposed wheat development program.   Following  approval
20    of  the  program,  the Department shall file the program with
21    the Secretary of State as provided in  Section  5-65  of  the
22    Illinois Administrative Procedure Act.
23        If  a  proposed wheat development program is not approved
24    by  referendum,  no  additional   referendum   on   a   wheat
25    development  program may be held for 2 years from the date of
26    the close of the referendum period.  An additional referendum
27    shall be called by the Director upon request by  petition  of
28    500 producers of wheat from across the State.  Before holding
29    an  additional  referendum,  the  Director  shall  appoint  a
30    temporary wheat development program committee consisting of 7
31    members   who  are  wheat  producers.   The  temporary  wheat
32    development program committee shall follow the procedures set
33    forth in Section 25.
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 1        Section  35.   Wheat  Commodity  Trust  Fund;   expenses;
 2    reimbursements.   Before   considering   any  proposed  wheat
 3    development program or amendment, the  Director  may  require
 4    the  sponsors  to  deposit  an amount not to exceed $5,000 to
 5    defray the  expenses  of  preparing,  holding  hearings,  and
 6    conducting the referendum on the wheat development program or
 7    amendment.   Any  funds  received  by  the  Director shall be
 8    deposited with the State Treasurer  as  ex-officio  custodian
 9    and  held  separate and apart from any other public moneys of
10    this State in a trust fund designated as the Wheat  Commodity
11    Trust  Fund.   Money in the Fund may be disbursed only upon a
12    voucher or order issued by the Director and paid by a warrant
13    drawn by the State Comptroller and countersigned by the State
14    Treasurer.  The Director shall order disbursements  from  the
15    Wheat  Commodity  Trust Fund only for payment of the expenses
16    authorized by this Act.  Any funds  collected  beyond  actual
17    expenses  shall be refunded to the sponsors. The treasurer of
18    the wheat development board shall reimburse the  sponsors  in
19    the  amount  of  the  deposit,  less  any  refunds, from fees
20    received under the program if a program is established.
21        Section 40.  Voting; polling places; qualifications. In a
22    referendum under this Act, voting shall be by ballot cast  by
23    eligible  voters  in a manner, as determined by the Director,
24    that will make it easy  to  vote  throughout  the  State.   A
25    producer who is qualified under the wheat development program
26    is  entitled  to  one vote.  The referendum area includes the
27    entire State of Illinois.
28        Reasonable publicity and notification of  the  referendum
29    date   and  voting  locations  shall  be  provided  in  trade
30    publications,  the  public  press,  and  the  official  state
31    newspaper, at least 2 weeks prior to the referendum date.
32        Section 45. Duration of  program;  termination.  A  wheat
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 1    development  program  established under this Act shall remain
 2    in  effect  for  5  years.   Thereafter,  the  program  shall
 3    automatically  be  extended  from  year  to  year  unless   a
 4    referendum  for  continued  approval  is  required by written
 5    petition of no less than 5% of the  affected  producers  from
 6    across  the State.  The referendum to determine the continued
 7    approval  of  a  wheat  development  program  shall   be   in
 8    accordance  with  Section  40  of  this  Act. Continuation or
 9    termination  shall  be  determined   by   the   same   voting
10    requirements as for adoption of the wheat development program
11    set forth in Section 30.
12        Section 50.  Wheat Development board; officers; expenses.
13    A  wheat development program established under this Act shall
14    provide for a wheat development  board consisting of at least
15    one member from each district which will be charged with  the
16    administration of the program.
17        The  board  shall consist of one member elected from each
18    of the districts as  established  in  the  wheat  development
19    program.
20        The  wheat development board shall elect from its members
21    a chairman, secretary, treasurer, and such other positions as
22    may be provided for in the wheat  development  program.   The
23    term  of  office  for members of the wheat development  board
24    shall be for 3 years, except that the term of the members  of
25    the  board  first taking office shall be for 1, 2, or 3 years
26    as determined by the initial board.   The  wheat  development
27    board  shall establish the number of members for each term of
28    office of the initial wheat  development    board  and  shall
29    provide   the  procedure  for  the  election  of  members  in
30    subsequent years.
31        All voting members of the wheat  development   board  are
32    entitled  to  actual  and  necessary  travel  and  incidental
33    expenses  while  attending  meetings  of  the  board or while
HB1680 Enrolled            -7-                 LRB9004399NTsb
 1    engaged in the performance of  official  responsibilities  as
 2    determined  by  the  board  and  provided  for  in  the wheat
 3    development program.
 4        Section 55. Elections;  candidates;  vacancies.  For  the
 5    initial  board  any  wheat producer may be elected only if he
 6    first has his name placed on the ballot by  filing  with  the
 7    Director  a  petition containing a number of signatures equal
 8    to the lesser of 50 or 5% of those producers in his  district
 9    qualified to vote on the referendum.  All candidates shall be
10    natural  persons  who  are  producers  and  residents  in the
11    district for which they are nominated.  Notice of the initial
12    election of members of the board  shall  be  given  in  trade
13    publications,  the  public press, and statewide newspapers at
14    least 2 weeks prior to the election.  Vacancies on the  wheat
15    development   board during the term of office shall be filled
16    by the wheat development  board  with  a  producer  from  the
17    district for the balance of the unexpired term. In subsequent
18    years, an election shall be held to fill any expiring term on
19    the  board.   Elections  shall  be in the same fashion as for
20    initial board members.  The election procedure  shall  be  as
21    provided in this Section unless otherwise provided for in the
22    wheat development program.  Candidates receiving the greatest
23    number of votes at any election shall be elected.
24        Section  60.   Duties. The duties and responsibilities of
25    the wheat  development  board  shall  be  prescribed  in  the
26    authority  for  each  wheat  development  program  and to the
27    extent applicable shall include the following:
28        (1)  to develop and direct the wheat development program;
29        (2)  to prepare and  approve  a  budget  consistent  with
30    estimated  receipts  and  the  scope of the wheat development
31    program;
32        (3)  to  formulate  and  execute  assessment  procedures,
HB1680 Enrolled            -8-                 LRB9004399NTsb
 1    rates, and methods of collection;
 2        (4)  to  procure  and  evaluate  data   and   information
 3    necessary  for the proper administration and operation of the
 4    wheat development program;
 5        (5)  to employ personnel and contract for  services  that
 6    are   necessary   for  the  proper  operation  of  the  wheat
 7    development program;
 8        (6)  to  authorize  the  expenditure  of  funds  and  the
 9    contracting of expenditures to conduct proper  activities  of
10    the program;
11        (7)  to bond the treasurer and other persons necessary to
12    insure adequate protection of funds; and
13        (8)  to  perform  other  duties that are necessary to the
14    proper operation of the program.
15        Section 65.  Director; duties. For any wheat  development
16    program  approved  by  referendum under this Act the Director
17    shall:
18        (1)  take  steps  to  insure  that  adequate  and  proper
19    records  are  kept  and  that  an  annual  audit  summary  is
20    available to all program participants;
21        (2)  take  steps  to  insure  that  adequate  bonds   are
22    maintained;
23        (3)  coordinate  administrative  activities  between  the
24    wheat development  board and the Department; and
25        (4)  confer  and  cooperate  with the legally constituted
26    authorities of other states and the United States.
27        Section  70.  Assessments.  A  properly  qualified  wheat
28    development program shall  provide  for  assessments  against
29    producers  of  the  affected commodity to defray the costs of
30    the activities provided for in the wheat development program.
31    Assessments authorized in a wheat development  program  shall
32    be  based  on the quantity of commodity marketed and shall be
HB1680 Enrolled            -9-                 LRB9004399NTsb
 1    equitably assessed against all affected producers.
 2        The total assessment  levied  on  the  commodity  of  any
 3    affected  producer  shall  be  1.5  cents per bushel of wheat
 4    produced and sold by that producer.  After the first 5  years
 5    a  program  is  in operation, the wheat development board may
 6    request the Director to hold a  referendum  to  increase  the
 7    assessment rate.
 8        A  referendum  to  increase  the assessment rate shall be
 9    considered approved if a majority of those  producers  voting
10    in  the  referendum vote in favor of the increase.  The wheat
11    development  board shall increase the  rate  as  set  in  the
12    referendum.
13        The  wheat  development   board  shall  require the first
14    purchaser of wheat to withhold and remit the  assessments  to
15    the  wheat  development   board.  A first purchaser remitting
16    the assessments for any  producer  shall  deduct  the  proper
17    amount  of  assessment  from  any  amount that he owes to the
18    producer.  The wheat development  board shall have the  power
19    to cause any duly authorized agent or representative to enter
20    upon  the  premises  of any purchaser of wheat and examine or
21    cause to be examined only books,  papers,  and  records  that
22    deal in any way with respect to the payment of the assessment
23    or enforcement of this Act.
24        Section  75.  Refunds.  A producer who has sold wheat and
25    has an assessment  deducted  from  the  sale  price  may,  by
26    application  in  writing to the board, secure a refund in the
27    amount deducted.  The refund shall be  payable  only  if  the
28    application  has  been made to the board within 60 days after
29    the deduction.  Interest shall be allowed  and  paid  at  the
30    rate  of 6% per annum upon the total amount of the assessment
31    imposed by  this  Act,  except  that  if  any  assessment  is
32    refunded  within  90 days after an application for refund has
33    been made within the required  60  days  after  deduction  or
HB1680 Enrolled            -10-                LRB9004399NTsb
 1    within  90 days after the first purchaser of wheat remits the
 2    assessments withheld and deducted to  the  wheat  development
 3    board,  whichever  is  later, no interest shall be allowed on
 4    such assessment.  An application for  refund  by  a  producer
 5    shall provide proof of assessment deducted.
 6        Section   80.    Collection  of  assessments;  penalties;
 7    actions.  Persons  who  collect  wheat  development   program
 8    assessment  funds  pursuant  to  Section 70 of this Act shall
 9    remit those funds to the wheat development  board which shall
10    deposit the funds in an account to be used as  authorized  by
11    the wheat development program.
12        A   due   and   payable  assessment  required  under  the
13    provisions of a wheat development program created under  this
14    Act  constitutes a personal debt of the person so assessed or
15    who otherwise owes the assessment.  The assessment is due and
16    payable to the wheat development  board not  more  frequently
17    than  quarterly  or  when stipulated in the wheat development
18    program and called for by the wheat  development  board.   In
19    the  event  any  person fails to remit the full amount of the
20    assessment or other sum within 30 days after  the  due  date,
21    the person owing the assessment shall be given an opportunity
22    to  present  his  case  as provided for in Section 95 of this
23    Act.  When established that the assessment  is  correct,  the
24    wheat marketing board may add to the unpaid assessment or sum
25    a penalty amount not exceeding 10% of the amount due plus all
26    the  cost  of  enforcing  the collection of the assessment or
27    amount due.  If a person fails  to  remit  any  properly  due
28    assessment  or  sum, the wheat development  board may bring a
29    civil action for collection against the person in the circuit
30    court of any county, together with the  additional  specified
31    10%  penalty  assessment, cost of enforcing the collection of
32    the assessment, and court costs.  The action shall  be  tried
33    and  judgment  rendered  as  in any other cause of action for
HB1680 Enrolled            -11-                LRB9004399NTsb
 1    debts due and payable.  All assessments are due  and  payable
 2    to the wheat development  board.
 3        Section  85.  Reports; audit. The wheat development board
 4    shall publish annually an activity and financial  report  for
 5    the  wheat development program. The report shall be available
 6    to all of the affected producers  of  the  wheat  development
 7    program.   All  expenditures  under  each  wheat  development
 8    program  shall  be  audited at least annually by a registered
 9    public accountant.  Within 30 days  after  completion  of  an
10    audit, the results shall be made available to the Director.
11        Section  90.   Termination of program; unobligated funds.
12    Upon  termination  of  a  wheat  development   program,   all
13    remaining unobligated funds shall be refunded to the Illinois
14    Department  of  Agriculture  to be used for wheat development
15    programs.
16        Section 95.  Enforcement; actions; injunctions. No person
17    shall knowingly fail or refuse to comply with any requirement
18    of this Act where obligated to  comply  by  a  duly  approved
19    wheat  development  program.  The wheat development board may
20    institute any action necessary to enforce compliance with any
21    provision of  this  Act  or  any  wheat  development  program
22    adopted  pursuant  to  this  Act.   In  addition to any other
23    remedy provided by law,  the  wheat  development   board  may
24    petition  for  injunctive  relief  without  being required to
25    allege or prove the absence of any adequate remedy at law.
26        Before the wheat development   board  may  institute  any
27    proceedings  under this Act, the alleged violator shall first
28    be given an opportunity to present his  views  to  the  wheat
29    development   board  as  to  why  proceedings  should  not be
30    instituted.  Such hearings shall be subject to  the  Illinois
31    Administrative Procedure Act.
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 1        Section   100.    Amendments;   hearings;  referendum.  A
 2    proposed amendment to an existing wheat  development  program
 3    may  be  requested  by  petition to the Director by 5% of the
 4    affected producers from across the State or by  a  two-thirds
 5    majority  vote  of  the  wheat  development   board.   If any
 6    amendment  to  an  existing  wheat  development  program   is
 7    proposed,  the  Director  shall  hold  a  public  hearing  to
 8    consider  the  amendment.   After  the  close  of  the public
 9    hearing, the Director and the wheat development  board  shall
10    send  copies  of  their  findings  to  all  parties of record
11    appearing at the hearing.  A referendum may be  held  on  the
12    amendment  in  accordance with Section 40 subject to the same
13    voting requirements for adoption  of  the  wheat  development
14    program  as  set  forth  in Section 30.  When an amendment is
15    approved  by  referendum,  the  Department  shall  file   the
16    amendment  with the Secretary of State as provided in Section
17    5-65 of the Illinois Administrative Procedure Act.
18        The  Director,   upon   recommendation   of   the   wheat
19    development   board,  shall establish procedures necessary in
20    the development and adoption of the proposed amendment to  an
21    existing  wheat development program.  The procedures shall be
22    included in the rules of the Department required  by  Section
23    5-15 of the Illinois Administrative Procedure Act.
24        Section  105.   Suspension of program. The operation of a
25    wheat  development  program  or  any  part  thereof  may   be
26    temporarily  suspended  for any reasonable cause by the wheat
27    development board, for any period of time not to  exceed  one
28    growing and marketing season.
29        Section  110.  Administrative Procedure Act; application.
30    Sections 25 and 30 of  this  Act  shall  not  be  subject  to
31    Sections  5-35,  5-40,  5-100,  5-105,  5-110,  5-115, 5-120,
32    5-125, and 5-130 of  the  Illinois  Administrative  Procedure
HB1680 Enrolled            -13-                LRB9004399NTsb
 1    Act.
 2        Section 199.  Effective date.  This Act takes effect upon
 3    becoming law.

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