HB2879 97TH GENERAL ASSEMBLY

LRB097 08244 CEL 48370 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2879

Introduced 2/22/2011, by Rep. William Davis

SYNOPSIS AS INTRODUCED:

505 ILCS 80/6	from Ch. 5, par. 55.6
505 ILCS 80/6a	from Ch. 5, par. 55.6a
505 ILCS 80/6b	from Ch. 5, par. 55.6b

Amends the Illinois Fertilizer Act of 1961. Provides that inspection fees for all commercial fertilizers and custom mixes shall be $1 per ton (up from 25˘ per ton). Provides that seven-eighths (up from one-half) of the $1 per ton inspection fee shall be paid into the Fertilizer Control Fund. Provides that not less than 50% of the funds appropriated to the fertilizer research and education program shall be used for projects designed to avoid or reduce water pollution that may arise from the use of fertilizer in agriculture. Increases the Fertilizer Research and Education Council members to 15 (up from 9) and provides qualifications for the additional members. Makes other changes. Effective January 1, 2012.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Fertilizer Act of 1961 is amended by changing Sections 6, 6a, and 6b as follows:

(505 ILCS 80/6) (from Ch. 5, par. 55.6)

Sec. 6. Inspection fees.

(a) There shall be paid to the Director for all commercial fertilizers or custom mix distributed in this State an inspection fee at the rate of $1 25˘ per ton. Sales to manufacturers or exchanges between them are hereby exempted from the inspection fee.

On individual packages of commercial or custom mix or specialty fertilizers containing 5 pounds or less, or if in liquid form containers of 4,000 cubic centimeters or less, there shall be paid instead of the $1 25˘ per ton inspection fee, an annual inspection fee of $1 $25 for each grade within a brand sold or distributed. Where a person sells commercial or custom mix or specialty fertilizers in packages of 5 pounds or less, or 4,000 cubic centimeters or less if in liquid form, and also sells in larger packages than 5 pounds or liquid containers larger than 4,000 cubic centimeters, this annual inspection fee of $1 $25 applies only to that portion sold in packages of 5 pounds or less or 4,000 cubic centimeters or less, and that portion sold in larger packages or containers shall be subject to the same inspection fee of $1 25˘ per ton as provided in this Act. The increased fees shall be effective after January 1, 2012 June 30, 1989.

(b) Every person who distributes a commercial fertilizer or custom mix in this State shall file with the Director, on forms furnished by the Director, a semi-annual statement for the periods ending June 30 and December 31, setting forth the number of net tons of each grade of commercial fertilizers within a brand or the net tons of custom mix distributed. The report shall be due on or before the 15th day of the month following the close of each semi-annual period and upon the statement shall pay the inspection fee at the rate stated in paragraph (a) of this Section.

Seven-eighths One half of the $1 25˘ per ton inspection fee shall be paid into the Fertilizer Control Fund and all other fees collected under this Section shall be paid into the State treasury.

If the tonnage report is not filed and the payment of inspection fee is not made within 30 days after the end of the semi-annual period, a collection fee amounting to 10% (minimum $10) of the amount shall be assessed against the registrant. The amount of fees due shall constitute a debt and become the basis of a judgment against the registrant. Upon the written request to the Director additional time may be granted past the normal date of filing the semi-annual statement.

When more than one person is involved in the distribution of a commercial fertilizer, the last registrant who distributes to the non-registrant (dealer or consumer) is responsible for reporting the tonnage and paying the inspection fee.

(Source: P.A. 93-32, eff. 7-1-03.)

(505 ILCS 80/6a) (from Ch. 5, par. 55.6a)

Sec. 6a. The Department is hereby authorized to establish a program and expend appropriations for a fertilizer research and education program dealing with the relationship of fertilizer use to soil management, soil fertility, plant nutrition problems, and for research on environmental concerns which may be related to fertilizer usage; for the dissemination of the results of such research; for projects to reduce or avoid water pollution that may arise from use of fertilizer; and for other designated activities including educational programs to promote the correct and effective usage of fertilizer materials. Not less than 50% of the funds shall be used for projects designed to avoid or reduce water pollution that may arise from the use of fertilizer in agriculture.

To assist in the development and administration of the fertilizer research and education program, the Director is authorized to establish a Fertilizer Research and Education Council consisting of 15 9 persons. This council shall be comprised of 3 persons representing the fertilizer industry, 3 persons representing crop production, 3 persons representing soil and water conservation districts, 3 persons representing environmental organizations that work on avoiding or reducing water pollution caused by the use of agricultural fertilizer, and 2 persons representing the public at large. In the appointment of persons to the council, the Director shall consult with representative persons and recognized organizations in the respective fields concerning such appointments. The Director or his representative from the Department shall act as chairman of the council. The Director shall call meetings thereof from time to time or when requested by 3 or more appointed members of the council.

The responsibilities of the Fertilizer Research and Education Council are to:

(a) solicit research and education projects consistent with the scope of the established fertilizer research and education program;

(b) review and arrange for peer review of all research proposals for scientific merit and methods, and review or arrange for the review of all proposals for their merit, objective, methods and procedures;

(b-5) solicit and provide grants for projects to avoid or reduce water pollution from agricultural use of fertilizer and review the scientific merit and cost-effectiveness of proposed projects;

(c) evaluate the proposed budget for the projects and make recommendations as necessary; and

(d) monitor the progress of projects and report at least once each 6 months on each project's accomplishments to the Director and Board of Agricultural Advisors.

The Fertilizer Research and Education Council shall at least annually recommend projects to be approved and funded including recommendations on continuation or cancellation of authorized and ongoing projects to the Board of Agricultural Advisors, which is created in Section 5-525 of the Departments of State Government Law (20 ILCS 5/5-525). The Board of Agricultural Advisors shall review the proposed projects and recommendations of the Fertilizer Research and Education Council and recommend to the Director what projects shall be approved and their priority. In the case of authorized and ongoing projects, the Board of Agricultural Advisors shall recommend to the Director the continuation or cancellation of such projects.

When the Director, the Board of Agricultural Advisors, and the Fertilizer Research and Education Council approve a project and subject to available funds deposited into the Fertilizer Control Fund appropriations, the Director shall grant funds to the person originating the proposal.

(Source: P.A. 91-239, eff. 1-1-00.)

(505 ILCS 80/6b) (from Ch. 5, par. 55.6b)

Sec. 6b. The amount annually deposited in the Fertilizer Control Fund shall be appropriated for the operation of the Fertilizer Research and Education Program. Funds deposited into the Fund for the Fertilizer Research and Education Program shall not be subject to transfer to the General Revenue Fund.

These moneys shall be used for expenses consistent with carrying out the purpose and intent of the program, which include council expenses, peer review, and contracts to persons for research or education projects and costs associated with general operating expenses, such as administrative support, travel, commodities, and printing. The Department shall receive 3% of the annual amount deposited in the Fertilizer Control Fund.

(Source: P.A. 91-754, eff. 7-1-00.)

Section 99. Effective date. This Act takes effect January 1, 2012.