|
|
|||||||
| |||||||
| |||||||
| 1 | AN ACT concerning agriculture.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Soybean Marketing Act is amended by changing | ||||||
| 5 | Sections 3 and 16 as follows:
| ||||||
| 6 | (505 ILCS 130/3) (from Ch. 5, par. 553)
| ||||||
| 7 | Sec. 3. For the purpose of this Act, unless the context | ||||||
| 8 | clearly requires
otherwise:
| ||||||
| 9 | (a) "Soybean" means and includes all kinds and varieties of | ||||||
| 10 | soybeans
grown in this State and marketed and sold as soybeans | ||||||
| 11 | by the producer.
| ||||||
| 12 | (b) "Person" means any natural person, partnership, | ||||||
| 13 | corporation,
society, association, representative or other | ||||||
| 14 | fiduciary.
| ||||||
| 15 | (c) "Producer" means any person engaged in this State in | ||||||
| 16 | the business of
producing and marketing soybeans, unless | ||||||
| 17 | otherwise defined in marketing
program.
| ||||||
| 18 | (d) "First purchaser" means any person who resells soybeans | ||||||
| 19 | purchased
from a producer or offers for sale any product | ||||||
| 20 | produced from such soybeans
for any purpose.
| ||||||
| 21 | (e) "Market Development" means to engage in research and | ||||||
| 22 | educational
programs directed toward better and more efficient | ||||||
| 23 | utilization of soybeans;
to provide methods and means for the | ||||||
| |||||||
| |||||||
| 1 | maintenance of present markets; for
the development of new and | ||||||
| 2 | larger domestic and foreign markets.
| ||||||
| 3 | (f) "Marketing program" means any program established | ||||||
| 4 | under this Act
which prescribes procedures for the development | ||||||
| 5 | of
markets for soybeans and soybean products.
| ||||||
| 6 | (g) "Program operating board" means the board established | ||||||
| 7 | by any
marketing program to administer such programs.
| ||||||
| 8 | (h) "Director" means the Director of the Department of | ||||||
| 9 | Agriculture of
the State of Illinois.
| ||||||
| 10 | (i) "Department" means the Department of Agriculture of the | ||||||
| 11 | State of
Illinois.
| ||||||
| 12 | (j) "Bushel" means 60 pounds of soybeans by weight.
| ||||||
| 13 | (k) "Net market price" means: | ||||||
| 14 | (1) except as provided in item (2), the sales price or | ||||||
| 15 | other value received by a producer for soybeans after | ||||||
| 16 | adjustments for any premium or discount based on grading or | ||||||
| 17 | quality factors; or | ||||||
| 18 | (2) for soybeans pledged as collateral for a loan | ||||||
| 19 | issued under any price support loan program administered by | ||||||
| 20 | the Commodity Credit Corporation, the principal amount of | ||||||
| 21 | the loan. | ||||||
| 22 | (Source: P.A. 83-80.)
| ||||||
| 23 | (505 ILCS 130/16) (from Ch. 5, par. 566)
| ||||||
| 24 | Sec. 16. Any properly qualified marketing program shall | ||||||
| 25 | provide for assessments
against producers of the affected | ||||||
| |||||||
| |||||||
| 1 | commodity to defray the costs of the
activities provided for in | ||||||
| 2 | the marketing program. Assessments authorized in
a marketing | ||||||
| 3 | program shall be based on the quantity of commodity produced
| ||||||
| 4 | and shall be equitably assessed against all affected producers. | ||||||
| 5 | The total
maximum assessment levied on the commodity of any | ||||||
| 6 | affected producer shall
not exceed 1/4¢ per bushel of soybeans | ||||||
| 7 | produced and sold by that producer
during the first year a | ||||||
| 8 | program is in operation, 1/2¢ per bushel of
soybeans produced | ||||||
| 9 | and sold by that producer during the next 4 years a
program is | ||||||
| 10 | in operation and 1/2 of 1% of the net market price 2¢ per | ||||||
| 11 | bushel of soybeans produced and sold by
that producer for all | ||||||
| 12 | subsequent years.
Assessments authorized in a marketing | ||||||
| 13 | program shall not be used for
political activity of any kind | ||||||
| 14 | whatsoever or for preferential treatment of
any person to the | ||||||
| 15 | detriment of other persons in the marketing program. The
| ||||||
| 16 | program operating board may require the first purchaser of | ||||||
| 17 | soybeans to
withhold and remit such assessments to the board. A | ||||||
| 18 | first purchaser
remitting the assessments for any producer may | ||||||
| 19 | deduct the proper amount of
assessment from any amount which he | ||||||
| 20 | owes to such producer. The program
operating board shall have | ||||||
| 21 | the power to cause any duly authorized agent or
representative | ||||||
| 22 | to enter upon the premises of any purchaser of soybeans and
| ||||||
| 23 | examine or cause to be examined by such agent only books, | ||||||
| 24 | papers and
records which deal in any way with respect to the | ||||||
| 25 | payment of the assessment
or enforcement of this Act.
| ||||||
| 26 | (Source: P.A. 85-181.)
| ||||||