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90_HB1680ham001
LRB9004399JScwam
1 AMENDMENT TO HOUSE BILL 1680
2 AMENDMENT NO. . Amend House Bill 1680 by replacing
3 the title with the following:
4 "AN ACT concerning wheat marketing programs."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Wheat Development Act.
9 Section 5. Legislative purpose. The following is
10 declared to be the legislative policy of this Act:
11 (1) to foster development of new markets for wheat and
12 wheat products;
13 (2) to provide research needed to improve the efficiency
14 of the wheat production, marketing and utilization of wheat;
15 (3) to enhance more efficient and economical production
16 of wheat;
17 (4) to enable the wheat industry to adapt to changing
18 market demands; and
19 (5) to foster communications and cooperation in all
20 phases of the wheat industry-producers, business,
21 institutions, and agencies in order to provide an adequate
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1 and equitable level of economic returns.
2 Section 10. Definitions. For the purpose of this Act,
3 unless the context clearly requires otherwise:
4 "Bushel" means 60 pounds of wheat by weight.
5 "Department" means the Department of Agriculture.
6 "Director" means the Director of Agriculture.
7 "Eligible voter" means one who is defined both as a
8 person and a producer in this program.
9 "First purchaser" means a person who resells wheat
10 purchased from a producer or offers for sale any product
11 produced from wheat for any purpose.
12 "Person" means a natural person, partnership,
13 corporation, society, association, representative, or other
14 fiduciary.
15 "Producer" means a person who is actively engaged in the
16 production of wheat and who receives income from the
17 production of wheat, unless otherwise defined in wheat
18 marketing program.
19 "Wheat" means and includes all kinds and varieties of
20 wheat grown in this State and marketed and sold as wheat by
21 the producer.
22 "Wheat development" means to engage in research and
23 educational programs directed toward improving production and
24 utilization of wheat, providing methods and means for the
25 maintenance of present markets, and developing new and larger
26 domestic and foreign markets.
27 "Wheat development board" means the board established
28 under this Act to administer a wheat development program.
29 "Wheat development program" means a program established
30 under this Act which prescribes procedures for the
31 development of markets for wheat and wheat products.
32 Section 15. Wheat development programs; requirements. A
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1 wheat development program proposed or adopted under this Act
2 shall include where applicable the following:
3 (1) a definition of terms;
4 (2) the purpose of the program;
5 (3) the maximum assessment rates and equitable
6 procedures for adjustment of the maximum assessment rates
7 provided for by the program;
8 (4) equitable procedures for collection of the
9 assessment provided for by the program;
10 (5) the election procedure and qualifications of the
11 wheat development board members, representation on the wheat
12 development board, terms of office, compensation, if any, and
13 other necessary provisions pertaining the board.
14 (6) the operating procedures of the program; and
15 (7) the qualifications for exempting wheat or producers
16 where exemptions are applicable.
17 Section 20. Optional programs; contracts; political
18 activities. A wheat development program proposed or adopted
19 under this Act may include any of the following:
20 (1) Wheat development and research programs.
21 (2) Wheat promotion, education and public relations
22 programs.
23 (3) Wheat information services.
24 (4) The right to contract with qualified organizations,
25 agencies or individuals for any of the activities listed in
26 items (1), (2), and (3) of this Section.
27 (5) A provision that assessments authorized in a
28 development program shall not be used for political activity
29 or for preferential treatment of any person to the detriment
30 of other persons in the development program.
31 (6) Other provisions not inconsistent with this Act or
32 other Illinois or federal laws and regulations.
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1 Section 25. Temporary program committee; proposals;
2 procedures. After the effective date of this Act if there are
3 sponsors willing and able to meet the requirements of Section
4 35, the Director shall appoint a temporary wheat development
5 program committee consisting of 7 members who are wheat
6 producers to develop a wheat development program proposal.
7 The proposal shall be considered at a public hearing. After
8 the close of the public hearing, the Director and temporary
9 wheat development program committee shall send copies of
10 their findings to all parties of record appearing at the
11 hearing. If the proposal is approved by the temporary wheat
12 development program committee, a referendum shall be held on
13 the proposal in accordance with Section 30 of this Act.
14 The Director, upon recommendation of the temporary wheat
15 development program committee, shall establish procedures for
16 the qualifications of producers for wheat development
17 programs, the participation of producers in hearings and
18 referenda, and other procedures necessary in the development
19 and adoption of a wheat development program. These
20 procedures shall not be subject to the provisions of the
21 Illinois Administrative Procedure Act; however, the Director
22 shall take any necessary steps to inform affected persons of
23 the procedures, including publication of the procedures in
24 the Illinois Register.
25 Section 30. Referenda; petitions. Within 90 days after
26 final approval of any proposed wheat development program by
27 the temporary wheat development program committee, the
28 Director shall determine by referendum whether the affected
29 producers assent to the proposed wheat development program.
30 The proposed wheat development program is approved when a
31 majority of those voting in the referendum vote in favor of
32 the proposed wheat development program. Following approval
33 of the program, the Department shall file the program with
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1 the Secretary of State as provided in Section 5-65 of the
2 Illinois Administrative Procedure Act.
3 If a proposed wheat development program is not approved
4 by referendum, no additional referendum on a wheat
5 development program may be held for 2 years from the date of
6 the close of the referendum period. An additional referendum
7 shall be called by the Director upon request by petition of
8 500 producers of wheat with at least 10 signers of the
9 petition from each of the districts in the State. Before
10 holding an additional referendum, the Director shall appoint
11 a temporary wheat development program committee consisting of
12 7 members who are wheat producers. The temporary wheat
13 development program committee shall follow the procedures set
14 forth in Section 25.
15 Section 35. Wheat Commodity Trust Fund; expenses;
16 reimbursements. Before considering any proposed wheat
17 development program or amendment, the Director may require
18 the sponsors to deposit with him an amount not to exceed
19 $5,000 to defray the expenses of preparing, holding hearings,
20 and conducting the referendum on the wheat development
21 program or amendment. Any funds received by the Director
22 shall be deposited with the State Treasurer as ex-officio
23 custodian and held by him separate and apart from any other
24 public moneys of this State in a trust fund designated as the
25 Wheat Commodity Trust Fund. Money in the Fund may be
26 disbursed only upon a voucher or order issued by the Director
27 and paid by a warrant drawn by the State comptroller and
28 countersigned by the State Treasurer. The Director shall
29 order disbursements from the Wheat Commodity Trust Fund only
30 for payment of the expenses authorized by this Act. Any
31 funds collected beyond actual expenses shall be refunded to
32 the sponsors. The treasurer of the wheat development board
33 shall reimburse the sponsors in the amount of the deposit,
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1 less any refunds, from fees received under the program if a
2 program is established.
3 Section 40. Voting; polling places; qualifications. In a
4 referendum under this Act, voting shall be by ballot cast by
5 eligible voters in a manner, as determined by the Director,
6 that will make it easy to vote throughout the State. A
7 producer who is qualified under the wheat development program
8 is entitled to one vote. The referendum area includes the
9 entire State of Illinois.
10 Reasonable publicity and notification of the referendum
11 date and voting locations shall be provided in trade
12 publications, the public press, and the official state
13 newspaper, at least 2 weeks prior to the referendum date.
14 Section 45. Duration of program; termination. A wheat
15 development program established under this Act shall remain
16 in effect for 5 years. Thereafter, the program shall
17 automatically be extended from year to year unless a
18 referendum for continued approval is required by written
19 petition of no less that 10% of the affected producers from
20 each respective district. The referendum to determine the
21 continued approval of a wheat development program shall be in
22 accordance with Section 40 of this Act. Continuation or
23 termination shall be determined by the same voting
24 requirements as for adoption of the wheat marketing program
25 set forth in Section 30.
26 Section 50. Wheat Development board; officers; expenses.
27 A wheat development program established under this Act shall
28 provide for a wheat development board consisting of at least
29 one member from each district which will be charged with the
30 administration of the program.
31 The board shall consist of one member elected from each
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1 of the districts as established in the wheat development
2 program.
3 The wheat development board shall elect from its members
4 a chairman, secretary, treasurer, and such other positions as
5 may be provided for in the wheat development program. The
6 term of office for members of the wheat development board
7 shall be for 3 years, except that the term of the members of
8 the board first taking office shall be for 1, 2, or 3 years
9 as determined by the initial board. The wheat development
10 board shall establish the number of members for each term of
11 office of the initial wheat development board and shall
12 provide the procedure for the election of members in
13 subsequent years.
14 All voting members of the wheat development board are
15 entitled to actual and necessary travel and incidental
16 expenses while attending meetings of the board or while
17 engaged in the performance of official responsibilities as
18 determined by the board and provided for in the wheat
19 development program.
20 Section 55. Elections; candidates; vacancies. For the
21 initial board any wheat producer may be elected only if he
22 first has his name placed on the ballot by filing with the
23 Director a petition containing a number of signatures equal
24 to the lesser of 50 or 5% of those producers in his district
25 qualified to vote on the referendum. All candidates shall be
26 natural persons who are producers and residents in the
27 district for which they are nominated. Notice of the initial
28 election of members of the board shall be given in trade
29 publications, the public press, and statewide newspapers at
30 least 2 weeks prior to the election. Vacancies on the wheat
31 development board during the term of office shall be filled
32 by the wheat development board with a producer from the
33 district for the balance of the unexpired term. In subsequent
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1 years, an election shall be held to fill any expiring term on
2 the board. Elections shall be in the same fashion as for
3 initial board members. The election procedure shall be as
4 provided in this Section unless otherwise provided for in the
5 wheat development program. Candidates receiving the greatest
6 number of votes at any election shall be elected.
7 Section 60. Duties. The duties and responsibilities of
8 the wheat development board shall be prescribed in the
9 authority for each wheat development program and to the
10 extent applicable shall include the following:
11 (1) to develop and direct the wheat development program;
12 (2) to prepare and approve a budget consistent with
13 estimated receipts and the scope of the wheat development
14 program;
15 (3) to formulate and execute assessment procedures,
16 rates, and methods of collection;
17 (4) to procure and evaluate data and information
18 necessary for the proper administration and operation of the
19 wheat development program;
20 (5) to employ personnel and contract for services that
21 are necessary for the proper operation of the wheat
22 development program;
23 (6) to authorize the expenditure of funds and the
24 contracting of expenditures to conduct proper activities of
25 the program;
26 (7) to bond the treasurer and other persons necessary to
27 insure adequate protection of funds; and
28 (8) to perform other duties that are necessary to the
29 proper operation of the program.
30 Section 65. Director; duties. For any wheat development
31 program approved by referendum under this Act the Director
32 shall:
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1 (1) take steps to insure that adequate and proper
2 records are kept and that an annual audit summary is
3 available to all program participants;
4 (2) take steps to insure that adequate bonds are
5 maintained;
6 (3) coordinate administrative activities between the
7 wheat development board and the Department; and
8 (4) confer and cooperate with the legally constituted
9 authorities of other states and the United States.
10 Section 70. Assessments. A properly qualified wheat
11 development program shall provide for assessments against
12 producers of the affected commodity to defray the costs of
13 the activities provided for in the wheat development program.
14 Assessments authorized in a wheat development program shall
15 be based on the quantity of commodity marketed and shall be
16 equitably assessed against all affected producers.
17 The total assessment levied on the commodity of any
18 affected producer shall be 1.5 cents per bushel of wheat
19 produced and sold by that producer. After the first 5 years
20 a program is in operation, the wheat development board may
21 request the Director to hold a referendum to increase the
22 assessment rate.
23 A referendum to increase the assessment rate shall be
24 considered approved if a majority of those producers voting
25 in the referendum vote in favor the increase. The wheat
26 development board shall increase the rate as set in the
27 referendum.
28 The wheat development board shall require the first
29 purchaser of wheat to withhold and remit the assessments to
30 the wheat development board. A first purchaser remitting
31 the assessments for any producer shall deduct the proper
32 amount of assessment from any amount that he owes to the
33 producer. The wheat development board shall have the power
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1 to cause any duly authorized agent or representative to enter
2 upon the premises of any purchaser of wheat and examine or
3 cause to be examined only books, papers, and records that
4 deal in any way with respect to the payment of the assessment
5 or enforcement of this Act.
6 Section 75. Refunds. A producer who has sold wheat and
7 has an assessment deducted from the sale price may, by
8 application in writing to the board, secure a refund in the
9 amount deducted. The refund shall be payable only if the
10 application has been made to the board within 60 days after
11 the deduction. Interest shall be allowed and paid at the
12 rate of 6% per annum upon the total amount of the assessment
13 imposed by this Act, except that if any assessment is
14 refunded within 90 days after an application for refund has
15 been made within the required 60 days after deduction or
16 within 90 days after the first purchaser of wheat remits the
17 assessments withheld and deducted to the wheat development
18 board, whichever is later, no interest shall be allowed on
19 such assessment. An application for refund by a producer
20 shall provide proof of assessment deducted.
21 Section 80. Collection of assessments; penalties;
22 actions. Persons who collect wheat development program
23 assessment funds pursuant to Section 70 of this Act shall
24 remit those funds to the wheat development board which shall
25 deposit the funds in an account to be used as authorized by
26 the wheat development program.
27 A due and payable assessment required under the
28 provisions of a wheat development program created under this
29 Act constitutes a personal debt of the person so assessed or
30 who otherwise owes the assessment. The assessment is due and
31 payable to the wheat development board not more frequently
32 than quarterly or when stipulated in the wheat development
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1 program and called for by the wheat development board. In
2 the event any person fails to remit the full amount of the
3 assessment or other sum within 30 days after the due date,
4 the person owing the assessment shall be given an opportunity
5 to present his case as provided for in Section 95 of this
6 Act. When established that the assessment is correct, the
7 wheat marketing board may add to the unpaid assessment or sum
8 a penalty amount not exceeding 10% of the amount due plus all
9 the cost of enforcing the collection of the assessment or
10 amount due. If a person fails to remit any properly due
11 assessment or sum, the wheat development board may bring a
12 civil action for collection against the person in the circuit
13 court of any county, together with the additional specified
14 10% penalty assessment, cost of enforcing the collection of
15 the assessment, and court costs. The action shall be tried
16 and judgment rendered as in any other cause of action for
17 debts due and payable. All assessments are due and payable
18 to the wheat development board.
19 Section 85. Reports; audit. The wheat development board
20 shall publish annually an activity and financial report for
21 the wheat development program. The report shall be available
22 to all of the affected producers of the wheat development
23 program. All expenditures under each wheat development
24 program shall be audited at least annually by a registered
25 public accountant. Within 30 days after completion of an
26 audit, the results shall be made available to the Director.
27 Section 90. Termination of program; unobligated funds.
28 Upon termination of a wheat development program, all
29 remaining unobligated funds shall be refunded to the Illinois
30 Department of Agriculture to be used for wheat development
31 programs.
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1 Section 95. Enforcement; actions; injunctions. No person
2 shall knowingly fail or refuse to comply with any requirement
3 of this Act where obligated to comply by a duly approved
4 wheat development program. The wheat development board may
5 institute any action necessary to enforce compliance with any
6 provision of this Act or any wheat development program
7 adopted pursuant to this Act. In addition to any other
8 remedy provided by law, the wheat development board may
9 petition for injunctive relief without being required to
10 allege or prove the absence of any adequate remedy at law.
11 Before the wheat development board may institute any
12 proceedings under this Act, the alleged violator shall first
13 be given an opportunity to present his views to the wheat
14 development board as to why proceedings should not be
15 instituted. Such hearings shall be subject to The Illinois
16 Administrative Procedure Act.
17 Section 100. Amendments; hearings; referendum. A
18 proposed amendment to an existing wheat development program
19 may be requested by petition to the Director by 5% of the
20 affected producers from each respective district or by a
21 two-thirds majority vote of the wheat development board. If
22 any amendment to an existing wheat development program is
23 proposed, the Director shall hold a public hearing to
24 consider the amendment. After the close of the public
25 hearing, the Director and the wheat development board shall
26 send copies of their findings to all parties of record
27 appearing at the hearing. If the proposed amendment is
28 approved by the wheat development board, a referendum may be
29 held on the amendment in accordance with Section 40 subject
30 to the same voting requirements for adoption of the wheat
31 development program as set forth in Section 30. When an
32 amendment is approved by referendum, the Department shall
33 file the amendment with the Secretary of State as provided in
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1 Section 5-65 of the Illinois Administrative Procedure Act.
2 The Director, upon recommendation of the wheat
3 development board, shall establish procedures necessary in
4 the development and adoption of the proposed amendment to an
5 existing wheat development program. The procedures shall be
6 included in the rules of the Department required by Section
7 5-15 of the Illinois Administrative Procedure Act.
8 Section 105. Suspension of program. The operation of a
9 wheat development program or any part thereof may be
10 temporarily suspended for any reasonable cause by the wheat
11 development board, for any period of time not to exceed one
12 growing and marketing season.
13 Section 110. Administrative Procedure Act; application.
14 Sections 25 and 30 of this Act shall not be subject to
15 Sections 5-35, 5-40, 5-100, 5-105, 5-110, 5-115, 5-120,
16 5-125, and 5-130 of the Illinois Administrative Procedure
17 Act.
18 Section 199. Effective date. This Act takes effect upon
19 becoming law.".