Illinois General Assembly - Full Text of Public Act 098-0343
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Public Act 098-0343


 

Public Act 0343 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0343
 
HB2709 EnrolledLRB098 08615 CEL 38733 b

    AN ACT concerning agriculture.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Wheat Development Act is amended by changing
Sections 25, 30, 70, and 75 as follows:
 
    (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. 90-377, eff. 8-14-97.)
 
    (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. 90-377, eff. 8-14-97.)
 
    (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 shall 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. 90-377, eff. 8-14-97.)
 
    (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 60 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. 90-377, eff. 8-14-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2013