State of Illinois
92nd General Assembly
Legislation

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92_SB0405

 
                                              LRB9203931TAtmA

 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 1.  Short title.  This Act may be  cited  as  the
 5    Illinois Swine Market Development Act.

 6        Section  5.  Legislative intent.  The legislature intends
 7    to promote the growth of the swine industry in  Illinois;  to
 8    assure  the citizens of this State and the American public an
 9    adequate and  wholesome  food  supply;  to  provide  for  the
10    general  economic  welfare of both producers and consumers of
11    pork and the State of Illinois;  and  to  provide  the  swine
12    production  and feeding industry of this State with authority
13    to establish a self-financed, self-governed program  to  help
14    develop,  maintain,  and  expand  the  State,  national,  and
15    foreign   markets   for  pork  and  pork  products  produced,
16    processed, or manufactured in this State.

17        Section 10.  Definitions. In this Act:
18        "Board" means the elected members of  the  Illinois  Pork
19    Producers Association board of directors.
20        "Council"  means  the  Illinois  Swine Market Development
21    Council created by this Act.
22        "Director" means a member of the  Illinois  Swine  Market
23    Development Council.
24        "Market  agent",  "market agency", "collection agent", or
25    "collection agency" means any person who  sells,  offers  for
26    sale,  markets,  distributes, trades, or processes swine that
27    has been purchased or acquired from a  producer  or  that  is
28    marketed  on  behalf  of  a producer.  The term also includes
29    meat packing  firms,  and  their  agents,  that  purchase  or
30    consign to purchase swine.
 
                            -2-               LRB9203931TAtmA
 1        "Market" means to sell or to otherwise dispose of a swine
 2    animal, pork, or pork product in commerce.
 3        "Person"   means   any   natural   person,   partnership,
 4    corporation,  company,  association, society, trust, or other
 5    business unit or organization.
 6        "Pork" means the meat from swine.
 7        "Pork product" means a product produced or  processed  in
 8    whole or in part from swine.
 9        "Producer"  means any person engaged in this State in the
10    business of producing or marketing  swine,  unless  otherwise
11    defined in the marketing program.
12        "Swine"  means  all  domesticated  animals  of the family
13    Suidae.

14        Section 15.  Illinois Swine Market Development Program.
15        (a)   The name of the program authorized by  and  created
16    by this Act is the Illinois Swine Market Development Program.
17        (b)  The   program  shall  include,  as  applicable,  the
18    following:
19             (1)  a definition of terms;
20             (2)  the purpose of the program;
21             (3)  the assessment rate or rates  provided  for  by
22        the program;
23             (4)  equitable  procedures  for  collection  of  the
24        assessment provided for the program;
25             (5)  procedures   and   criteria   for   determining
26        adoption of a program;
27             (6)  the  election  procedure  and qualifications of
28        the directors of the Council, terms  of  office,  expense
29        reimbursement,  and other necessary provisions pertaining
30        thereto;
31             (7)  the operating procedures of the program;
32             (8)  the  qualifications  for  and  registration  of
33        swine producers  to  participate  in  referenda  for  the
 
                            -3-               LRB9203931TAtmA
 1        adoption,  amendment,  or  continuation  of  a  marketing
 2        program and the election of Council directors;
 3             (9)  If  provided  for in the marketing program, the
 4        procedure  for  requesting  refunds  and  for  reasonable
 5        reimbursement of collection expenses;
 6             (10)  procedures  for  the   discontinuance   of   a
 7        program;
 8             (11)  the determination of what swine are subject to
 9        assessment  and the exemption of swine producers or swine
10        from assessment when those exemptions are  applicable  as
11        defined in the marketing program; and
12             (12)  the adoption of other provisions to facilitate
13        the purposes of the marketing program.
14        (c)  The purposes of the program may include:
15             (1)  promoting  the  sale  and  use of pork and pork
16        products; supporting promotion, research,  and  education
17        programs,  and  other  consumer marketing activities at a
18        funding level determined by the  Council;  and  otherwise
19        supporting  consumer  market  development  and  promotion
20        efforts on a State, national, and international scale;
21             (2)  developing  new  uses  and markets for pork and
22        pork products;
23             (3)  developing    and    improving    methods    of
24        distributing pork and pork products to the consumer;
25             (4)  developing methods for improving the quality of
26        pork and pork products for consumer benefit;
27             (5)  informing  and  educating  the  public  of  the
28        nutritive and economic value of pork and pork products;
29             (6)  informing  and  educating  pork  producers   on
30        disease    control    and    eradication,   environmental
31        stewardship and mandates, and other areas  of  importance
32        to the swine industry;
33             (7)  functioning   as  a  liaison  within  the  pork
34        industry and other  food  industries  of  the  State  and
 
                            -4-               LRB9203931TAtmA
 1        elsewhere  in  matters  that  would increase efficiencies
 2        that ultimately benefit both consumers and industry; and
 3             (8) developing and expanding markets for swine.

 4        Section 20.  Powers and duties of the Board.
 5        (a)  The Board is responsible for the development of  the
 6    initial  Illinois Swine Market Development Program, providing
 7    publicity and conducting informational meetings prior to  the
 8    referendum  for  adoption  on  the initial marketing program,
 9    making the proposed  program  and  nominating  petitions  for
10    director and names of candidates running for office available
11    to  the  public, registering producers who are subject to the
12    program to vote, conducting the initial referendum to adopt a
13    program, and conducting the initial election of the Council.
14        (b)  The Board shall develop  an  Illinois  Swine  Market
15    Development  Program consistent with the provisions set forth
16    in Section 15 and as authorized by or required by this Act.

17        Section 25.  Governing council.  With a favorable vote of
18    swine producers subject to the marketing program in the State
19    of Illinois to adopt by referendum an Illinois  Swine  Market
20    Development  Program, there shall be established  an Illinois
21    Swine Market Development  Council  governed  by  a  board  of
22    directors  of 7 members who shall be elected at the same time
23    as the initial referendum and thereafter as provided  for  in
24    this  Act  and  marketing  program.   Swine producers who are
25    subject to the program shall elect a director from each of  7
26    compact  and  contiguous  districts, apportioned as nearly as
27    practical according to the swine-on-farms census report taken
28    from  the  latest  available  United  States  Department   of
29    Agriculture records.
30        No county in Illinois shall be apportioned into more than
31    one district.  The 7 districts shall be re-apportioned by the
32    Council  every  9  years,  according  to the latest available
 
                            -5-               LRB9203931TAtmA
 1    United States Department of Agriculture swine-on-farms census
 2    records.  An elected director shall not become ineligible  to
 3    serve his or her elected term through any re-apportionment.
 4        The  7  directors shall be elected to serve a 3-year term
 5    and may be re-elected  to  serve  an  additional  consecutive
 6    term.  An elected director must be a resident of Illinois and
 7    must  be a swine producer subject to the program who has been
 8    a swine producer for at least the 5 years prior to his or her
 9    election.  A qualified swine producer may be elected to serve
10    on the Council only if he or she has submitted, by registered
11    mail to the  Illinois  Swine  Market  Development  office,  a
12    nominating petition containing signatures of 25 or more swine
13    producers  subject to the program from the district he or she
14    seeks to represent, except that in the case  of  the  initial
15    election  of Council directors, the nominating petition shall
16    be mailed by registered mail to  the  Board.   The  candidate
17    receiving  the  greatest  number  of  votes  cast  from  that
18    district shall be elected.
19        All  Council  directors  shall  be  unsalaried.   Council
20    directors  may,  however,  be reimbursed for travel and other
21    expenses incurred in carrying out the intent and purposes  of
22    this Act and marketing program.
23        It  is  the  responsibility of the Council to conduct the
24    election of Council directors within 30 days before  the  end
25    of  any  elected  Council  director's  term of office.  Newly
26    elected Council directors shall assume their  office  at  the
27    first  meeting of the Council after their election to office,
28    which shall be convened within 30 days  after  the  election.
29    Notice  of  the meeting shall be sent to the directors of the
30    Council at least 10 days before the meeting.  The notice must
31    state the time, date, and place of the meeting.
32        Reasonable  notice  of  elections  of  directors  of  the
33    Council must be given at least once in trade publications and
34    in the public press at least 30 days before the election.
 
                            -6-               LRB9203931TAtmA
 1        The Council may declare an office of director vacant  and
 2    appoint  a  swine  producer  subject to the program from that
 3    district to serve the unexpired term of any  director  unable
 4    or unwilling to complete his or her term of office.

 5        Section  30.   Referenda.  All swine producers subject to
 6    the marketing program shall have the opportunity to vote in a
 7    referendum  to  determine   the   adoption,   amendment,   or
 8    continuation of a marketing program.
 9        All  referenda  shall be by secret ballot.  Voting may be
10    by  mail,  at  geographically  located  polling   places   or
11    conducted  in any other manner that will make it easy to vote
12    throughout the State.  More than one day shall be allowed for
13    swine producers subject to the program to cast their ballots.
14    Procedure shall be provided for absentee  voting.  Reasonable
15    notice  of all referenda held under this Act must be given at
16    least once in trade publications and in the public  press  at
17    least 30 days before the referendum.
18        If  the referendum is by mailed ballot, the ballots shall
19    be returned to the Illinois Department of Agriculture, and in
20    the case of  other  voting  methods,  the  ballots  shall  be
21    returned  or delivered to the Department at the conclusion of
22    the voting period. The Department shall  secure  all  ballots
23    until  they  are  tallied.   The  Department  shall appoint a
24    3-person teller committee to tally the vote  and  shall  make
25    the results of the referendum public.
26        The  initial referendum to adopt an Illinois Swine Market
27    Development Program and to set the amount  of  an  assessment
28    may  be  conducted  at  any time by the Board of the Illinois
29    Pork   Producers   Association.    The   Board   shall   hold
30    informational meetings on the initial marketing program.
31        Any producer who is qualified under any marketing program
32    is entitled to one vote.  The referendum  area  includes  the
33    entire State of Illinois.
 
                            -7-               LRB9203931TAtmA
 1        Section 35.  Powers and duties of the Council.
 2        (a)  The Council shall:
 3             (1)  receive  and  disburse  funds, as prescribed in
 4        this Act  and  the  marketing  program,  to  be  used  in
 5        administering  and  implementing  the  provisions and the
 6        intent of this Act and the marketing program;
 7             (2)  annually elect a  Chairperson  from  among  its
 8        members  who  may succeed himself or herself for not more
 9        than one term;
10             (3)  annually elect a Secretary-Treasurer from among
11        its members;
12             (4)  meet regularly and at any other  times  at  the
13        call  of  the Chairperson, or when requested by 4 or more
14        directors of the Council; all meetings must  comply  with
15        the Open Meetings Act;
16             (5)  maintain  a  permanent  record  of its business
17        proceedings;
18             (6)  maintain a permanent and detailed record of its
19        financial dealings;
20             (7)  prepare and publish annually  an  activity  and
21        financial   report   for  the  marketing  program  to  be
22        available  to  all  of  the  affected  producers  of  the
23        marketing program.  All expenditures under each marketing
24        program  shall  be  audited  at  least  annually   by   a
25        registered  public  accountant.   Within  30  days  after
26        completion  of  such  audit,  the  results  shall be made
27        available to the Director of the Illinois  Department  of
28        Agriculture;
29             (9)  bond  the  treasurer  and  such  other  persons
30        necessary  to  insure  adequate  protection  of funds and
31        deposit program funds in a  secure  banking  institution;
32        and
33             (10)  maintain  an  office at a specific location in
34        Illinois.
 
                            -8-               LRB9203931TAtmA
 1        (b)  The Council may:
 2             (1)  conduct  or  contract   with   any   accredited
 3        university,  college,  or  similar  institution and enter
 4        into other contracts or  agreements  that  will  aid  the
 5        Council  in  carrying  out  the  purposes of the program,
 6        including contracts for the purchase  or  acquisition  of
 7        facilities  or  equipment  necessary  to  carry  out  the
 8        purposes of the program;
 9             (2)  disseminate reliable information benefiting the
10        consumer and the swine industry  on  subjects  including,
11        but   not  limited  to,  purchase,  identification,  care
12        storage, handling,  cookery,  preparation,  serving,  and
13        nutritive value of pork and pork products;
14             (3)  provide  information  to  government bodies and
15        act jointly or in cooperation with the State  or  federal
16        government,  and  agencies  thereof,  to  facilitate  the
17        objectives of the program;
18             (4)  sue and be sued as a Council without individual
19        liability  of  the  members  for acts of the Council when
20        acting within the scope of the powers of this Act and  in
21        the manner prescribed by the laws of this State;
22             (5)  borrow money from licensed lending institutions
23        in an amount that is not cumulatively greater than 50% of
24        the Council's anticipated annual income;
25             (6)  maintain a financial reserve for emergency use,
26        the  total  of  which may not exceed 50% of the Council's
27        anticipated annual income;
28             (7)  appoint    advisory    groups    composed    of
29        representatives   from    organizations,    institutions,
30        government, or businesses related to or interested in the
31        welfare  of  the  swine  industry  and the pork-consuming
32        public;
33             (8)  employ subordinate officers  and  employees  of
34        the  Council  and  prescribe  their  duties and fix their
 
                            -9-               LRB9203931TAtmA
 1        compensation and terms of employment;
 2             (9)  cooperate with any local, State,  regional,  or
 3        nationwide  organization  or  agency or person engaged in
 4        work or activities consistent with the objectives of  the
 5        program;
 6             (10)  cause    any    duly   authorized   agent   or
 7        representative of the Council to enter upon the  premises
 8        of  any market agency, market agent, collection agent, or
 9        collection  agency,  or  any   person   responsible   for
10        remitting assessments to the Council and examine or cause
11        to be examined by an authorized agent only books, papers,
12        and  records that deal in any way with the payment of the
13        assessment adopted pursuant to  this  Act  and  marketing
14        program;
15             (11)  provide  services  that  enhance profitability
16        and consumer preference for pork; and
17             (12)  carry out the duties and  responsibilities  as
18        set forth in this Act and marketing program.

19        Section 40.  Acceptance of grants and gifts.  The Council
20    may  accept  grants,  donations, contributions, or gifts from
21    any source and may  use  these  moneys  consistent  with  the
22    objectives of the program.

23        Section 45.  Payments to organizations.
24        (a)  The  Council may pay funds to other organizations or
25    persons for work or services performed  that  are  consistent
26    with the objectives of the program.
27        (b)    Before  making payments described in this Section,
28    the Council  must  secure  agreements  in  writing  that  the
29    organization  or  persons  receiving payment will (i) furnish
30    yearly or at the request of the Council  written  or  printed
31    reports  of  program activities and reports of financial data
32    that are related to the Council's funding of these activities
 
                            -10-              LRB9203931TAtmA
 1    and (ii) agree to  have  appropriate  representatives  attend
 2    business  meetings  of the Council as reasonably requested by
 3    the Chairperson of the Council.
 4        (c)  The Council may require  adequate  proof  of  surety
 5    bonding on funds paid to any person or organization.

 6        Section 50.  Collection of moneys.
 7        (a)  Every  person  who  is responsible for remitting the
 8    assessment as established  in  the  marketing  program  shall
 9    deduct  the  amount  of  the  assessment  as  directed in the
10    marketing  program  in  addition  to  any  assessment  for  a
11    national promotion research  program, created by federal law,
12    that may be in effect.
13        (b)  The person responsible for remitting the  assessment
14    shall  forward the assessed funds to the Council on a monthly
15    basis.  The Council shall provide appropriate business  forms
16    for  the  convenience of the person responsible for remitting
17    the assessment.
18        (c)  Failure  of  the  person  who  is  responsible   for
19    collecting   and   remitting   to   the  Council  assessments
20    authorized by this Act and marketing program is  grounds  for
21    the  Council  to  request  that  the  Illinois  Department of
22    Agriculture suspend or refuse to issue the  person's  license
23    under  the Livestock Auction Market Law or Illinois Livestock
24    Dealer Licensing Act.
25        (d)  The Council shall maintain financial records of  all
26    moneys received under the marketing program.
27        (e)  Any  due  and payable assessment required under this
28    Act and marketing program constitutes a personal debt of  the
29    person  so  assessed  or  the  person  who otherwise owes the
30    assessment.  In the event of failure of a person to remit any
31    properly due assessment, the Council may bring a civil action
32    against that person in the circuit court of  any  county  for
33    the collection thereof, and may add an additional 10% penalty
 
                            -11-              LRB9203931TAtmA
 1    assessment,   cost   of   enforcing  the  collection  of  the
 2    assessment, and court costs.  The action shall be  tried  and
 3    judgment  rendered  as in any other cause of action for debts
 4    due and payable.  All assessments, penalty  assessments,  and
 5    enforcement costs are due and payable to the Council.
 6        (f)  All  moneys  assessed  under  this Act and marketing
 7    program are bona fide business expenses for the seller  under
 8    the tax laws of this State.
 9        (f)  The  Council  may  adopt  reciprocal agreements with
10    other swine councils or similar organizations.

11        Section 55.  Refunds.
12        (a)  Any person who has had an assessment  deducted  from
13    under  the  provisions  of  this Act and marketing program is
14    entitled to a prompt and full refund if the marketing program
15    provides for refunds. The refund shall be made  in  a  manner
16    consistent  with  this  Act and any marketing program for the
17    time that the program is in effect.
18        (b)  The Council shall  make  available  to  all  persons
19    responsible for collecting and remitting the assessment forms
20    for  requesting  refunds.   The refund request forms shall be
21    submitted by the swine producer within 60 days after the date
22    of assessment.
23        (c)  A refund claim by the swine  producer  must  include
24    his or her signature, date and place of assessment, number of
25    swine,  and  amount  of  assessment  deducted  and  must have
26    attached  to it proof of the assessment.
27        (d)  If the Council has reasonable doubt  that  a  refund
28    claim  is  valid, it may withhold payment and take any action
29    that may be deemed necessary to determine its validity.
30        (e)  All requests for refunds shall be initiated  by  the
31    producer.

32        Section  60.   Surety bond.  Any person authorized by the
 
                            -12-              LRB9203931TAtmA
 1    Council to receive or  disburse  funds  must  post  with  the
 2    Council a surety bond in an amount determined by the Council.
 3    Premiums  covering  bonds for employees, officers, or members
 4    of the Council shall be paid by the Council.

 5        Section 65.  Compliance.  No person may knowingly fail or
 6    refuse to comply with the requirements  of  this  Act  or  an
 7    adopted  marketing  program.   The  Council may institute any
 8    action that is necessary to enforce compliance with this  Act
 9    or  an  adopted  marketing program.  In addition to any other
10    remedy provided by law, the Council may petition the  circuit
11    court  for injunctive relief without being required to allege
12    or prove the absence of any adequate remedy at law.

13        Section 70. Duration of program.
14        (a)  Any marketing program adopted  by  referendum  shall
15    remain in effect until amended or repealed.
16        (b)  Upon  delivery  by  certified  mail  to  the Council
17    office of petitions from each of the 7  districts  containing
18    the  signatures  of  at  least  100  swine  producers in each
19    district that are  qualified  to  vote,  stating  "Shall  the
20    Illinois  Swine  Market  Development  Program  continue", the
21    Council shall,  within  90  days,  conduct  a  referendum  to
22    determine  if  a majority of the swine producers qualified to
23    vote in  the  referendum  support  the  continuation  of  the
24    Illinois  Swine  Market  Development Program.  Referendums on
25    the question of the continuation of a program may not be held
26    more  than  once  every  5  years.   The  continuation  of  a
27    marketing program shall be  determined  by  the  same  voting
28    requirements as for adoption of the marketing program.
29        (c)  A  marketing program may be amended by utilizing the
30    same procedures as for  determining  the  continuation  of  a
31    program. The Council may at any time deemed necessary propose
32    amendments to a marketing program.
 
                            -13-              LRB9203931TAtmA
 1        Section 75.  Termination of program.  Upon termination of
 2    any  marketing program, all remaining unobligated funds shall
 3    be refunded on a prorata basis to the producers from whom the
 4    assessments were collected in the preceding 2 years.

 5        Section 80. Suspension of program.  The operation of  any
 6    marketing  program  or  any part thereof may be suspended for
 7    any reasonable cause by the Council.

 8        Section 85. Illinois Administrative  Procedure  Act.  The
 9    marketing program, procedures relative to the adoption of any
10    marketing  program  or  amendment  to  an  existing marketing
11    program shall  not  be  subject  to  the  provisions  of  the
12    Illinois Administrative Procedure Act.

13        Section  90. Invalidity.  If any provision of this Act or
14    application thereof to any person or  circumstances  is  held
15    invalid,  that invalidity does not affect other provisions or
16    applications of this Act that can be given effect without the
17    invalid  application  or  provision,  and  to  this  end  the
18    provisions of this Act are declared to be severable.

19        Section 999.  Effective date.  This Act takes effect upon
20    becoming law.

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