Bill Text: IL HB2709 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Wheat Development Act. Provides that the Director of the Department of Agriculture shall appoint a temporary wheat development program committee whose members are nominated by an association representing wheat producers. Provides that the total assessment levied on the commodity of any affected producer may (rather than shall) be up to 1.5 cents per bushel of wheat produced and sold by the producer as established by the temporary program committee. Provides that a refund owed to the producer shall be payable only if the application has been made to the board within 90 days (instead of 60 days). Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0343 [HB2709 Detail]
Download: Illinois-2013-HB2709-Chaptered.html
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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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