Section 800.10  Definitions

 

In determining the meaning of words used in these rules, unless the context indicates otherwise, words importing the singular include and apply to several persons or things, words importing the plural include the singular, and words used in the present tense include the future as well as the present. No incorporation by reference in this Part includes any later amendments or editions beyond the date specified. The following terms shall have the following meanings:

 

a)         "Act" means the Agricultural Foreign Investment Disclosure Act (Ill. Rev. Stat. 1983, ch. 5, par. 601 et seq.).

 

b)         "Agricultural land" means any land located in this State which is currently used for, or if idle and its last use within the past five years was for, agricultural, forestry or timber production, except agricultural land used primarily to meet pollution control laws or regulations or land not exceeding ten acres in the aggregate from which the agricultural, forestry or timber products are less than $1,000 in annual gross sales and such products are produced for the personal or household use of the person or persons holding an interest in such land. Agricultural, forestry and timber production includes those activities identified in 7 CFR 781.2(b) (1984; amended at 49 FR 35072, effective October 9, 1984).

 

c)         For the purpose of Section 3 of the Act, "any interest" means all interests acquired, transferred or held in agricultural lands by a foreign person, except:

 

1)         leaseholds that are exempted from reporting as identified in Section 3 of the Act;

 

2)         contingent future interests;

 

3)         noncontingent future interests which do not become possessory upon termination of the present possessory estate;

 

4)         surface or subsurface easements and rights of way used for a purpose unrelated to agricultural production. An interest solely in mineral rights is not considered an interest in agricultural land and, therefore, is not required to be reported; and

 

5)         security interests.

 

d)         "Security Interest" means a mortgage or other debt securing instrument.

 

e)         "Significant interest or substantial control" shall be interpreted to mean interest or control, as set forth in 7 CFR 781.2(k) (49 FR 35072, effective October 9, 1984), in a legal entity for the purpose of obligating such legal entity to report.

 

(Source:  Amended at 9 Ill. Reg. 8594, effective May 28, 1985)

 

Section 800.15  Reporting Requirements: Persons Subject to Section 3(a), (b), (c) or (d) of the Act

 

a)         Any foreign person subject to reporting under Section 3(a), (b), (c) or (d) of the Act shall file with the Director a copy of Form ASCS 153* which is required to be filed under the provisions of Public Law 95-460 (The Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. 3501 et seq). The report shall be mailed to the Director, Illinois Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706.

 

b)         In addition to the information required to be reported in Section 3 of the Act, the following information which is contained on Form ASCS 153 shall be reported:

 

1)         When applicable, the name, address and relationship of the representative of the foreign person who is completing the ASCS-153 form for the foreign person;

 

2)         How the tract of land was acquired or transferred, the relationship of the foreign person to the previous owner, producer, manager, tenant or sharecropper, and the type of rental agreement, if any;

 

3)         The date the interest in the agricultural land was acquired;

 

4)         The amount of the purchase price or the current value for the agricultural land yet to be paid; and

 

5)         The current estimated value of the agricultural land that is being reported.

 

*  The Form ASCS-153 may be obtained at the county Agricultural Stabilization and Conservation Service office.

 

(Source:  Amended at 9 Ill. Reg. 8594, effective May 28, 1985)

 

Section 800.20  Reporting Requirements: Foreign Person, Other Than Individual or Government

 

a)         Any foreign person, other than an individual or government, required to submit a report under Section 3, paragraphs (a), (b), (c) or (d) of the Act must submit a report to the Director containing the following information:

 

1)         the legal name and the address of each foreign individual or government holding a significant interest in such foreign person;

 

2)         in any case in which the holder of such interest is an individual, the citizenship of such holder, and

 

3)         in any case in which the holder of a significant interest in such foreign person is not an individual or a government, the nature and name of the foreign person holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

 

b)         In addition, any such foreign person required to submit a report under Section 800.20(a) may also be required, upon request, to submit a report containing:

 

1)         The legal name and the address of each individual or government whose legal name and address did not appear on the report required to be submitted under Section 800.20, if such individual or government holds any interest in such foreign person;

 

2)         In any case in which the holder of such interest is an individual the citizenship of such holder; and

 

3)         In any case in which the holder of such interest is not an individual or government, the nature and name of the person holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

 

(Source:  Amended at 9 Ill. Reg. 8594, effective May 28, 1985)

 

Section 800.25  Reporting Requirement: Additional Information: Reporting Interest, Nature and Name of Foreign Person

 

a)         Any foreign person, other than an individual or a government, whose legal name is contained on any report submitted in satisfaction of Section 800.20 may also be required, upon request, to submit a report containing:

 

1)         The legal name and the address of each foreign individual or government holding a significant interest in such foreign person;

 

2)         In any case in which the holder of such interest in such foreign person is not an individual or a government, the nature and name of the foreign person holding the significant interest, the country in which such holder is created or organized, and the principal place of business of such holder.

 

b)         Any foreign person required to submit a report under Section 800.25(a) may also be required, upon request, to submit a report containing:

 

1)         The legal name and address of each individual or government whose legal name and address did not appear on the report required to be submitted under Section 800.25(a), if such individual or government holds any interest in such foreign person and, except in the case of a request which involves a foreign person, a report was required to be submitted pursuant to Section 800.20(b), disclosing information relating to non-foreign interest holders;

 

2)         In any case in which the holder of such interest is an individual, the citizenship of such holder, and

 

3)         In any case in which the holder of such interest is not an individual or government and, except in a situation where the information is requested from a foreign person, a report was required to be submitted pursuant to Section 800.20(b), disclosing information relating to non-foreign interest holders, the nature and name of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

 

(Source:  Amended at 9 Ill. Reg. 8594, effective May 28, 1985)

 

Section 800.30  Additional Information

 

If the Director feels that the information provided under 8 Ill. Adm. Code Sections 800.15 and 800.20(a) does not completely describe the nature of the holding or the instrument holding the land, the Director shall require by written request further informational reports as specified in 8 Ill. Adm. Code Sections 800.20(b) and 800.25(a)(b) in order to accurately and completely describe the land holding entity.

 

Section 800.35  Penalty Determinations

 

In assessing the penalties for violation of the Act, the Director shall take into consideration:

 

a)         Cost involved in ensuring compliance with the Act in the case in question.

 

b)         The cost incurred in recovering the penalty.

 

c)         The amount of penalty assessed under Public Law 95-460.

 

d)         The total amount of penalty assessed cannot exceed the requirements established in Section 4(b) of the Act.

 

Section 800.40  Public Inspection

 

Any report filed with the Director shall be available for public inspection during regular working hours in accordance with 8 Ill. Adm. Code Section 1.505 (Rules Relating to Administrative Rules) as promulgated by the Department. Reports shall not be duplicated.

 

Section 800.45  Refund Procedures

 

All monies collected from penalties shall be deposited in the general revenue fund. In the event that the aggregate penalty imposed by this Act and Public Law 95-460 exceeds 25% of the fair market value of the interest in the agricultural land with respect to which such violation occurred, the amount of the penalty in excess of 25% will be refunded to the violator at the direction of the Illinois General Assembly.