|
b. Wilful disregard or violation of this Act, or of any |
other Act
relative to the purchase and sale of livestock, |
feeder swine or horses, or
of any regulation or rule issued |
pursuant thereto;
|
c. Wilfully aiding or abetting another in the violation of |
this Act or
of any regulation or rule issued pursuant thereto;
|
d. Allowing one's license under this Act to be used by an |
unlicensed
person;
|
e. Conviction of any felony, if the Department determines, |
after
investigation, that such person has not been sufficiently |
rehabilitated to
warrant the public trust;
|
f. Conviction of any crime an essential element of which is
|
misstatement, fraud or dishonesty;
|
g. Conviction of a violation of any law in Illinois or any |
Departmental
rule or regulation relating to livestock;
|
h. Making substantial misrepresentations or false promises |
of a
character likely to influence, persuade or induce in |
connection with the
livestock industry;
|
i. Pursuing a continued course of misrepresentation of or |
making false
promises through advertising, salesmen, agents or |
otherwise in connection
with the livestock industry;
|
j. Failure to possess the necessary qualifications or to |
meet the
requirements of this Act for the issuance or holding a |
license;
|
k. Failure to pay for livestock after purchase;
|
l. Issuance of checks for payment of livestock when funds |
|
are insufficient;
|
m. Determination by a Department audit that the licensee or |
applicant
is insolvent;
|
n. Operating without adequate bond coverage or its |
equivalent required
for licensees.
|
o. Failing to remit the assessment required in Section 9 of |
the Beef
Market Development Act upon written complaint of the |
Checkoff Division of the Illinois Beef Association Board of |
Governors Illinois Beef Council.
|
The Department may refuse to issue or may suspend the |
license
of any person who fails to file a return, or to pay the |
tax, penalty or
interest shown in a filed return, or to pay any |
final assessment of tax,
penalty or interest, as required by |
any tax Act administered by the
Illinois Department of Revenue, |
until such time as the requirements of any
such tax Act are |
satisfied.
|
(Source: P.A. 87-172.)
|
(225 ILCS 645/9.2) (from Ch. 111, par. 409.2)
|
Sec. 9.2.
The Department may refuse to issue or may suspend |
the license
of any person upon the complaint in writing from |
the Checkoff Division of the Illinois Beef Association Board of |
Governors Illinois Beef Council
indicating that the person has |
failed to properly remit or deduct funds as
required by Section |
9 of the Beef Market Development Act.
|
(Source: P.A. 87-172)
|
|
Section 15. The Beef Market Development Act is amended by |
changing Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 13, and 14 as |
follows:
|
(505 ILCS 25/2) (from Ch. 5, par. 1402)
|
Sec. 2. Definitions. In this Act, unless the context
|
otherwise requires:
|
(a) "Beef" and "Beef products" means the meat intended for |
human consumption
from any bovine animal, regardless of age, |
including veal.
|
(b) "Cattle" means such animals as may be so designated by |
federal
law, including such marketing, promotion and research |
orders as may from
time to time be in effect. Unless such |
federal law provides to the
contrary, "cattle" means all bovine |
animals, regardless of age, including calves,
except that |
cattle provided for dairy purposes shall be excluded during
|
their useful life as dairy animals. A cow and nursing calf sold |
together
shall be considered one unit.
|
(c) "Checkoff Division" means the Checkoff Division of the |
Illinois Beef Association Board of Governors. "Council" means |
the operating committee established under this Act
to |
administer and govern the program.
|
(d) "Person" means any natural person, partnership, |
corporation, company,
association, society, trust or other |
business unit or organization.
|
|
(e) "Market Agent", "Market Agency", "Collection Agent" or |
"Collection
Agency" means any person who sells, offers for |
sale, markets, distributes,
trades or processes cattle which |
has been purchased or acquired from a producer,
or which is |
marketed on behalf of a producer, and further includes |
meatpacking
firms and their agents which purchase or consign to |
purchase cattle.
|
(f) "Director" means a member of the Checkoff Division |
Illinois Beef Council.
|
(g) "Board" means the elected members of the Checkoff |
Division Illinois Beef Council.
|
(h) "Producer" means a person that has owned or sold cattle |
in the previous
calendar year or presently owns cattle.
|
(Source: P.A. 84-1273; 84-1276.)
|
(505 ILCS 25/3) (from Ch. 5, par. 1403)
|
Sec. 3. Name and purposes.
|
(a) The name of the program created and organized by this |
Act shall be the Illinois Beef Association Checkoff Division
|
Illinois Beef Council.
|
(b) The purposes and objectives of the program shall |
include:
|
(1) To promote the sale and use of beef and beef |
products and to support
national beef promotion, research, |
education, and other consumer marketing
activities at a |
funding level to be determined by the Checkoff Division |
|
Council and to otherwise
support consumer market |
development and promotion efforts on a national or
|
international scale;
|
(2) To develop new uses and markets for beef and beef |
products;
|
(3) To develop and improve methods of distributing beef |
and beef products
to the consumer;
|
(4) To develop methods of improving the quality of beef |
and beef products
for the consumer benefit;
|
(5) To inform and educate the public of the nutritive |
and economic values
of beef and beef products;
|
(6) To function in a liaison capacity within the beef |
and other food
industries of the State and elsewhere in |
matters that would increase
efficiencies which ultimately |
benefit both consumer and industry.
|
(Source: P.A. 88-571, eff. 8-11-94.)
|
(505 ILCS 25/4) (from Ch. 5, par. 1404)
|
Sec. 4. Governing board. With a favorable vote of beef |
producers in
the State of Illinois to support an |
assessment/deduction rate, as determined by referendum, of up |
to 50¢ per
head of cattle sold in Illinois to finance the |
intent and purpose of this
Act, there shall be created a |
Checkoff Division an Illinois Beef Council governed by a board |
of
directors of 14 members. Two directors shall be elected by |
beef producers
from each of seven compact and contiguous |
|
districts, apportioned as nearly
as practicable according to |
the cattle-on-farms census report taken from
the latest |
available United States Department of Agriculture records.
|
No county in Illinois shall be apportioned in
more than one |
district. The seven districts shall be re-apportioned by
the |
Checkoff Division Council every 9 years, according to the |
latest available United States
Department of Agriculture |
cattle-on-farms census records. An elected
director shall not |
become ineligible to serve his or her elected term through
any |
re-apportionment.
|
Term of office. The 14 directors shall be elected to serve |
a three year
term and may be reelected to serve an additional |
consecutive term. An elected
director shall be a resident of |
Illinois, and shall be a beef producer who has
been a beef |
producer for at least the 5 years prior to his or her election. |
A
qualified beef producer may be elected to serve on the board |
only if he or she
has submitted, by registered mail to the |
Checkoff Division Illinois Beef Council office, a
nominating |
petition containing signatures of more than 50 beef producers |
from
the district he or she may seek to represent. Only the 2 |
candidates receiving
the greatest number of votes cast from |
that district shall be elected.
|
On the first elected board of directors, one term of office |
from each
district shall be limited to two years; the two year |
term to be determined
by lottery at the first meeting of the |
Checkoff Division Illinois Beef Council. No member
may serve |
|
more than two consecutive terms.
|
All Checkoff Division Beef Council board positions shall be |
unsalaried. However, the board
members may be reimbursed for |
travel and other expenses incurred in carrying
out the intent |
and purposes of this Act.
|
It shall be the responsibility of the Checkoff Division |
Council to conduct the election of new
board members within 30 |
days before the end of any elected board
member's term of |
office. Newly elected board members shall assume their
office |
at the first meeting of the Checkoff Division Council after |
their election to
office, which shall be convened within 30 |
days after the election.
Notice of such meeting shall be sent |
to the members of the Checkoff Division Illinois Beef
Council |
by certified mail at least 10 days prior thereto, stating the |
time,
date and place of the meeting.
|
Notice of elections of members of the board shall be given |
at least once
in trade publications, the public press, and |
statewide newspapers at least
30 days prior to such election.
|
The Checkoff Division Council may declare the office of a |
board member vacant and appoint
a beef producer from that |
district to serve the unexpired term of any member
unable or |
unwilling to complete his or her term of office.
|
(Source: P.A. 88-571, eff. 8-11-94.)
|
(505 ILCS 25/6) (from Ch. 5, par. 1406)
|
Sec. 6. Powers and duties of the Checkoff Division Council. |
|
(a) The Checkoff Division Council shall:
|
(1) Receive and disburse funds, as prescribed elsewhere in |
this Act, to
be used in administering and implementing the |
provisions and intent of this Act;
|
(2) Annually elect a Chairman from among its members who |
may succeed
himself for not more than one term;
|
(3) Annually elect a Secretary-Treasurer from among its |
members;
|
(4) Meet regularly, not less often than one time each |
calendar quarter
or at such other times as called by the |
Chairman, or when requested by four
or more members of the |
Checkoff Division Council, all meetings to be held under the |
Open Meetings
Act of the State of Illinois;
|
(5) Maintain a permanent record of its business |
proceedings;
|
(6) Maintain a permanent and detailed record of its |
financial dealings;
|
(7) Prepare periodic reports and an annual report of its |
activities for
the fiscal year, for review of the beef industry |
of the State, and the
annual report is to be filed with the |
Illinois Director of Agriculture;
|
(8) Prepare periodic reports and an annual accounting for |
the fiscal year
of all receipts and expenditures for review of |
the beef industry of the
State, and shall retain a certified |
public accountant for this purpose;
|
(9) Appoint a licensed banking institution as the |
|
depository for program
funds and disbursements;
|
(10) Maintain frequent communication with officers and |
industry
representatives of the National Livestock and Meat |
Board.
|
(11) Maintain an office at a specific location in Illinois.
|
(b) The Checkoff Division Council may:
|
(1) Conduct or contract for scientific research with any |
accredited university,
college or similar institution; and, |
enter into other contracts or agreements
which will aid in |
carrying out the purposes of the program, including contracts
|
for the purchase or acquisition of facilities or equipment |
necessary to
carry out the purposes of the program;
|
(2) Disseminate reliable information benefiting the |
consumer and the beef
industry on such subjects as, but not |
limited to, purchase, identification,
care, storage, handling, |
cookery, preparation, serving and nutritive value
of beef and |
beef products;
|
(3) Provide information to such various government bodies |
as request it,
on subjects of concern to the beef industry; and |
further, act jointly or
in cooperation with the State or |
Federal government, and agencies thereof,
in the development or |
administration of programs deemed by the Checkoff Division |
Council as
consistent with the objectives of the programs;
|
(4) Sue and be sued as a Checkoff Division Council without |
individual liability of the members
for acts of the Checkoff |
Division Council when acting within the scope of the powers of |
|
this
Act, and in the manner prescribed by the laws of the |
State;
|
(5) Borrow money from licensed lending institutions in |
amounts which are
not cumulatively greater than 50% of |
anticipated annual income;
|
(6) Maintain a financial reserve for emergency use, the |
total of which
shall not exceed 50% of anticipated annual |
income;
|
(7) Appoint advisory groups composed of representatives |
from organizations,
institutions, governments or business |
related to or interested in the welfare
of the beef industry |
and the consuming public;
|
(8) Employ subordinate officers and employees of the |
Checkoff Division Council and prescribe
their duties and fix |
their compensation and terms of employment;
|
(9) Cooperate with any local, State, regional or nationwide |
organization
or agency engaged in work or activities consistent |
with the objectives of the program.
|
(10) Cause any duly authorized agent or representative to |
enter upon
the premises of any market agency, market agent, |
collection agent, or
collection agency 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/deduction or enforcement of this Act.
|
(Source: P.A. 84-343; 84-584.)
|
|
(505 ILCS 25/7) (from Ch. 5, par. 1407)
|
Sec. 7. Acceptance of grants and gifts. (a) The Checkoff |
Division Council may accept
grants, donations, contributions |
or gifts from any source, provided the
use of such resources is |
not restricted in any manner which is deemed inconsistent
with |
the objectives of the program.
|
(Source: P.A. 83-84.)
|
(505 ILCS 25/8) (from Ch. 5, par. 1408)
|
Sec. 8. Payments to organizations. (a) As described |
heretofore, the Checkoff Division
Council may pay funds to |
other organizations for work or services performed
which are |
consistent with the objectives of the program.
|
(b) Prior to making payments described in this Section, the |
Checkoff Division Council shall
secure agreements in writing |
that such organization receiving payment shall:
|
(1) Furnish not less often than annual, or on request of |
the Checkoff Division Council,
written or printed reports of |
program activities and reports of financial
data which are |
relative to the Checkoff Division's Council's funding of such |
activities;
|
(2) Agree to have appropriate representatives attend |
business meetings
of the Checkoff Division Council as |
reasonably requested by the Chairman of the Checkoff Division |
Council.
|
(c) The Checkoff Division Council may require adequate |
|
proof of security bonding on
funds paid to any individual, |
business or other organizations.
|
(Source: P.A. 84-343; 84-584.)
|
(505 ILCS 25/9) (from Ch. 5, par. 1409)
|
Sec. 9. Collection of monies at time of marketing.
|
(a) Every marketing agency licensed to do business in the |
State of
Illinois shall deduct from the gross receipts of the |
seller, at the time of
sale, an assessment established by |
referendum up to 50¢ per head, as
recommended by the Checkoff |
Division Council, on all cattle marketed in the State in |
addition to
any assessment for a National Promotion Research |
Program, created by federal
law, which may be in effect.
|
(b) The collecting agent shall assemble all such monies and |
forward them
to the Checkoff Division Council on a regular |
basis, not less often than monthly, and the Checkoff Division
|
Council shall provide appropriate business forms for the |
convenience of
the collecting agent in executing this duty.
|
Failure of the collecting agent to deduct or forward funds |
under this
Section is grounds for the Checkoff Division Council |
to request the Department of Agriculture
to suspend or refuse |
to issue the collecting agent's licenses issued under
the |
Livestock Auction Market Law or Livestock Dealer Licensing Act.
|
(c) The Checkoff Division Council shall maintain within its |
financial record a separate
accounting of all monies received |
under the provisions of this Section.
|
|
(d) Any due and payable assessment/deduction required |
under this Act
constitutes a personal debt of the person so |
assessed or who otherwise
owes the assessment/deduction. In the |
event of failure of a person to
remit any properly due |
assessment/deduction or sum, the Checkoff Division 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 |
Checkoff Division Council.
|
(e) All monies deducted under the provisions of this |
Section shall be
considered as bonafide business expenses for |
the seller as provided for
under the tax laws of this State.
|
(f) The Checkoff Division Council may adopt reciprocal |
agreements with other Beef Councils
or like organizations, on |
moneys collected at Illinois collecting agencies
on cattle from |
other states and on Illinois cattle sold at other state |
markets.
|
(Source: P.A. 87-172; 88-571, eff. 8-11-94.)
|
(505 ILCS 25/10) (from Ch. 5, par. 1410)
|
Sec. 10. Refunds. (a) Any seller of cattle who has had |
monies deducted
from his gross sales receipts under the |
|
provisions of this Act, shall be
entitled to a prompt and full |
refund. Any seller of cattle who has had
monies deducted from |
his gross sale receipts under the provisions of the
Federal |
Beef Promotion and Research Order, as amended from time to |
time,
shall be entitled to receive a refund which may be made |
in a manner
consistent with the coordination of this Act and |
the National Beef
Promotion Research Program for such time as |
such Program may be in effect.
|
(b) The Checkoff Division Council shall make available to |
all collecting agents business
forms permitting requests for |
refund, such forms to be submitted by the objecting
cattle |
producer or owner within 30 days of the sale transaction.
|
(c) Refund claims by the cattle
producer or owner shall |
include his signature, date of sale, place of sale,
number of |
cattle and amount of assessment deducted, and shall have
|
attached thereto
proof of the assessment deducted.
|
(d) If the Checkoff Division Council has reasonable doubt |
that a refund claim
is valid,
it may withhold payment and take |
such action as may be deemed necessary to determine
its |
validity.
|
(e) All requests for refunds shall be initiated by the |
producer
only.
|
(Source: P.A. 84-1273; 84-1276.)
|
(505 ILCS 25/11) (from Ch. 5, par. 1411)
|
Sec. 11. Surety bond. (a) Any person authorized by the |
|
Checkoff Division Council to
receive or disburse funds, as |
provided by the Act, shall post with the Checkoff Division |
Council
a surety bond in the amount deemed appropriate by the |
Checkoff Division Council.
|
(b) Premiums covering bonding for employees, officers or |
members of the Checkoff Division
Council shall be paid by the |
Checkoff Division Council.
|
(c) No person shall knowingly fail or refuse to comply with |
any
requirement of this Act. The Checkoff Division Council may |
institute any action which is
necessary to enforce compliance |
with any provision of this Act and rule or
regulation |
thereunder. Each day's violation constitutes a separate
|
offense. In addition to any other remedy provided by law, the |
Checkoff Division Council may
petition for injunctive relief |
without being required to allege or prove
the absence of any |
adequate remedy at law.
|
(Source: P.A. 84-343; 84-584.)
|
(505 ILCS 25/13) (from Ch. 5, par. 1413)
|
Sec. 13.
With the delivery by certified mail to the |
Checkoff Division Illinois Beef Council
office of petitions |
from each of the 7 districts containing signatures
of
at least |
100 beef producers from each district, stating "Shall the Beef
|
Market Development Act continue", the Checkoff Division |
Illinois Beef Council shall, within
90 days, conduct a |
referendum to determine if a majority of the beef producers
|
|
voting in such referendum support the continuation of the Beef
|
Market Development Act. Referendums under this Section shall be |
held not
more than one time each 5 years.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(505 ILCS 25/14) (from Ch. 5, par. 1414)
|
Sec. 14. Bylaws. The Checkoff Division Illinois Beef |
Council shall within 90 days of
this Act becoming law, adopt |
bylaws to carry out the intent and purposes
of this Act. These |
bylaws can be amended with a 30 day notice to board
members at |
any regular or special meeting called for this purpose.
|
(Source: P.A. 83-84.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|