(505 ILCS 115/15) (from Ch. 5, par. 1065)
Sec. 15.
Any properly qualified sheep and/or wool production development
or marketing program shall provide for assessments against producers of
the affected commodity to defray the costs of the activities provided for
in the sheep and wool production development and marketing program.
Assessments
authorized in a sheep and/or wool production development and marketing program
shall be based on the quantity of commodity marketed and shall be equitably
assessed against all affected producers in one of two ways as follows:
(a) If assessments are levied against only wool, then the total assessment
levied on the commodity of any affected producer shall be 2 cents per pound
of wool produced and sold by that producer during the first 5 years a program
is in operation.
If deemed necessary after the first 5 years a program is in operation the
rate can be increased, not to exceed 1/2 cent per pound per every 2 years
by a vote of a 5/7 majority of the entire sheep and wool production development
and marketing board, however the assessment rate cannot exceed 5 cents per
pound. In subsequent years, the sheep and wool production development and
marketing board can request the Director to hold a producer referendum to
increase above and beyond the maximum assessment rate of 5 cents per pound
of wool allowed under the provisions of this Act. Providing that a majority
of those producers voting, vote in favor, the sheep and wool production
development and marketing board can then increase the rate.
(b) If assessments are levied against both sheep and wool, then the total
assessment levied on both commodities of any affected producer shall be
one cent per pound of wool produced and sold by that producer and 10 cents
per head of sheep produced and sold by that producer during the first 5
years a program is in operation.
If deemed necessary after the first 5 years a program is in operation,
the rate can be increased, not to exceed 1/4 cent per pound of wool per
every 2 years and not to exceed 2 1/2 cents per head of sheep per every
2 years, by a vote of 5/7 majority of the entire sheep and wool production
development and marketing board, however the assessment rate cannot exceed
2 1/2 cents per pound of wool and cannot exceed 25 cents per head of sheep.
In subsequent years, the sheep and wool production development and marketing
board can request the Director to hold a producer referendum to increase
above and beyond the maximum assessment rates of 2 1/2 cents per pound
of wool and 25 cents per head of sheep allowed under the provisions of the
Act. Providing that a majority of those producers voting, vote in favor,
the sheep and wool production development and marketing board can then increase
the rate.
Upon approval of a sheep and wool production development and marketing
program by a majority of those voting in a referendum and pursuant to the
provisions of this Act and of the approved program, the first purchasers
of sheep and/or wool shall withhold and remit such assessments to the sheep
and wool production development and marketing board. From the time withheld,
such assessments shall be the property of said board and shall be held in
trust by the first purchaser until the assessment is remitted to the Board.
Such assessments shall not be subject to levy or execution by any creditor
of the first purchaser. The sheep and wool production development and
marketing
board shall have
the power to cause any duly authorized agent or representative to enter
upon the premises of any purchaser of sheep and wool and examine or cause
to be examined by such agent only books, papers and records which deal in
any way with respect to the payment of the assessment or enforcement of this
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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