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| Public Act 098-0343 | ||||
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wheat Development Act is amended by changing | ||||
Sections 25, 30, 70, and 75 as follows:
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(505 ILCS 145/25)
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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
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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.
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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.
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(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/30)
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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
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development program. Following
approval of the program, the | ||
Department shall file the program with the
Secretary of State
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as provided in Section 5-65 of the
Illinois Administrative | ||
Procedure Act.
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If a proposed wheat development program is not approved by
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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
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referendum, the
Director shall appoint a temporary wheat | ||
development program committee
consisting of 7 members who are
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wheat producers nominated by an association representing wheat | ||
producers. The temporary wheat development program committee | ||
shall
follow
the procedures set forth in Section 25.
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(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/70)
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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.
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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.
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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.
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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
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referendum.
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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
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respect to the payment of the assessment or enforcement of this | ||
Act.
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(Source: P.A. 90-377, eff. 8-14-97.)
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(505 ILCS 145/75)
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Sec. 75. Refunds. A producer who has sold wheat and has an | ||
assessment deducted
from the sale price may, by application in
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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
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by a producer shall provide proof of assessment deducted.
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(Source: P.A. 90-377, eff. 8-14-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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