(510 ILCS 101/50)
Sec. 50.
Collection of moneys.
(a) Every person who is responsible for remitting the
assessment as established in the marketing program shall deduct
the amount of the assessment as directed in the marketing program.
(b) The person responsible for remitting the assessment
shall forward the assessed funds to the Council on a monthly
basis. The Council shall provide appropriate business forms for
the convenience of the person responsible for remitting the
assessment.
(c) Failure of the person who is responsible for collecting
and remitting to the Council assessments authorized by this Act
and marketing program is grounds for the Council to request that
the Illinois Department of Agriculture suspend or refuse to issue
the person's license under the Livestock Auction Market Law or
Illinois Livestock Dealer Licensing Act.
(d) The Council shall maintain financial records of all
moneys received under the marketing program.
(e) Any due and payable assessment required under this Act
and marketing program constitutes a personal debt of the person so
assessed or the person who otherwise owes the assessment. In the
event of failure of a person to remit any properly due assessment,
the Council may bring a civil action against that person in the
circuit court of any county for the collection thereof, and may
add an additional 10% penalty assessment, cost of enforcing the
collection of the assessment, and court costs. The action shall
be tried and judgment rendered as in any other cause of action for
debts due and payable. All assessments, penalty assessments, and
enforcement costs are due and payable to the Council.
(f) All moneys assessed under this Act and marketing program
are bona fide business expenses for the seller under the tax laws
of this State.
(g) The Council may adopt reciprocal agreements with other
swine councils or similar organizations.
(Source: P.A. 92-158, eff. 7-25-01.)
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