Illinois · statute · 505 ILCS 40 · 23 active provisions
Because individual producers of corn are unable to develop adequate new markets for their commodity, the following is declared to be the legislative policy of this Act; (a) To enable corn producers of this State to coordinate more effectively the maintenance and development of markets of their commodity with market dem…
This Act shall be known and may be cited as the "Illinois Corn Marketing Act". (Source: P.A. 81-189.)
For the purpose of this Act, unless the context clearly requires otherwise: (a) "Corn" means and includes all kinds and varieties of corn (excluding popcorn and sweet corn) grown in this State and marketed and sold as corn by the producer. (b) "Person" means any natural person, partnership, corporation, society, associ…
Any corn marketing program proposed or adopted under this Act shall include where applicable the following: (a) A definition of terms; (b) The purpose of the program; (c) The maximum assessment rates and equitable procedures for adjustment of the maximum assessment rates provided for by the program; (d) Equitable proce…
Any corn marketing program proposed or adopted under this Act may include any of the following: (a) Market development and research programs; (b) Market promotion, education and public relations programs; (c) Market information services; (d) The right to contract with qualified organizations, agencies or individuals fo…
Upon enactment of this legislation and if there are sponsors willing and able to meet the requirements of Section 8, the Director shall appoint a temporary corn marketing program committee consisting of 7 members who are corn producers to develop a corn marketing program proposal. Such proposal shall be considered at a…
Within 90 days after final approval by the temporary corn marketing program committee of any proposed corn marketing program, the Director shall determine by referendum whether the affected producers assent to such proposed corn marketing program. The proposed corn marketing program is approved when a majority of those…
Prior to the consideration of any proposed corn marketing program or amendment, the Director may require the sponsors therefor to deposit with him such funds, not to exceed $5,000, as may be necessary to defray the expenses of preparing, holding hearings and conducting the referendum on such corn marketing program or a…
In any referendum under this Act, voting shall be by ballot cast by eligible voters in such manner, as determined by the Director, that will make it easy to vote throughout the State. Any producer who is qualified under the corn marketing program is entitled to one vote. The referendum area includes the entire State of…
The corn marketing program established by this Act shall remain in effect for 5 years. Thereafter, the program shall automatically be extended from year to year unless a referendum for continued approval is required by written petition of no less than 10% of the affected producers from each respective district. The ref…
Any corn marketing program established under this Act shall provide for a corn marketing board consisting of at least 15 members who are charged with the administration of the program. The board shall consist of one member elected from each of the districts as established in the corn marketing program. The corn marketi…
For the initial board any corn producer may be elected only if he first has his name placed on the ballot by filing a petition with the Director containing a number of signatures, equal to the lesser of 200 or 5%, of those producers in his district qualified to vote on the referendum. All candidates shall be natural pe…
The duties and responsibilities of the corn marketing board shall be prescribed in the authority for each corn marketing program and to the extent applicable shall include the following: (a) To develop and direct the corn marketing program; (b) To prepare and approve a budget consistent with estimated receipts and the…
For any corn marketing program approved by referendum under this Act the Director shall: (a) Take steps to insure that adequate and proper records are kept and that an annual audit summary is available to all program participants; (b) Take steps to insure that adequate bonds are maintained; (c) Coordinate administrativ…
Any properly qualified corn marketing program shall provide for assessments against producers of the affected commodity to defray the costs of the activities provided for in the corn marketing program. Assessments authorized in a corn marketing program shall be based on the quantity of commodity marketed and shall be e…
A producer who has sold corn and has an assessment deducted from the sale price may, by application in writing to the board, secure a refund in the amount deducted. The refund shall be payable only when the application has been made to the board within 60 days after the deduction. Interest shall be allowed and paid at…
Persons who collect corn marketing program assessment funds pursuant to Section 15 of this Act shall remit such funds to the corn marketing board which shall deposit such in an account to be used as authorized by the corn marketing program. Any due and payable assessment required under the provisions of any corn market…
The corn marketing board shall publish annually an activity and financial report for such corn marketing program to be available to all of the affected producers of the corn marketing program. All expenditures under each corn marketing program shall be audited at least annually by a registered public accountant. Within…
Upon termination of any corn marketing program, all remaining unobligated funds shall be refunded to the Illinois Department of Agriculture to be used for corn market development programs. (Source: P.A. 81-189.)
No person shall knowingly fail or refuse to comply with any requirement of this Act where obligated to comply by a duly approved corn marketing program. The corn marketing board may institute any action which is necessary to enforce compliance with any provision of this Act or any corn marketing program adopted pursuan…
A proposed amendment to an existing corn marketing program may be requested by petition to the Director by 5% of the affected producers from each respective district or by a 2/3 majority vote of the corn marketing board. If any amendment to an existing corn marketing program is proposed, the Director shall hold a publi…
The operation of any corn marketing program or any part thereof may be temporarily suspended for any reasonable cause by the corn marketing board, for any period of time not to exceed one growing and marketing season. (Source: P.A. 81-189.)
Sections 6 and 7 of this Act shall not be subject to Sections 5-35, 5-40, 5-100, 5-105, 5-110, 5-115, 5-120, 5-125, and 5-130 of the Illinois Administrative Procedure Act. (Source: P.A. 88-45.)