Short title
Short title. This Act may be cited as the Wheat Development Act. (Source: P.A. 90-377, eff. 8-14-97.)
Illinois · statute · 505 ILCS 145 · 24 active provisions
Short title. This Act may be cited as the Wheat Development Act. (Source: P.A. 90-377, eff. 8-14-97.)
Legislative purpose. The following is declared to be the legislative policy of this Act: (1) to foster development of new markets for wheat and wheat products; (2) to provide research needed to improve the efficiency of the wheat production, marketing and utilization of wheat; (3) to enhance more efficient and economic…
Definitions. For the purpose of this Act, unless the context clearly requires otherwise: "Bushel" means 60 pounds of wheat by weight. "Department" means the Department of Agriculture. "Director" means the Director of Agriculture. "Eligible voter" means one who is defined both as a person and a producer in this program.…
Wheat development programs; requirements. A wheat development program proposed or adopted under this Act shall include where applicable the following: (1) a definition of terms; (2) the purpose of the program; (3) the maximum assessment rates and equitable procedures for adjustment of the maximum assessment rates provi…
Optional programs; contracts; political activities. A wheat development program proposed or adopted under this Act may include any of the following: (1) Wheat development and research programs. (2) Wheat promotion, education and public relations programs. (3) Wheat information services. (4) The right to contract with q…
Temporary program committee; proposals; procedures. After the effective date of this Act if there are sponsors willing and able to meet the requirements of Section 35, the Director shall appoint a temporary wheat development program committee consisting of 7 members who are wheat producers nominated by an association r…
Referenda; petitions. Within 90 days after final approval of any proposed wheat development program by the temporary wheat development program committee, the Director shall determine by referendum whether the affected producers assent to the proposed wheat development program. The proposed wheat development program is…
Wheat Commodity Trust Fund; expenses; reimbursements. Before considering any proposed wheat development program or amendment, the Director may require the sponsors to deposit an amount not to exceed $5,000 to defray the expenses of preparing, holding hearings, and conducting the referendum on the wheat development prog…
Voting; polling places; qualifications. In a referendum under this Act, voting shall be by ballot cast by eligible voters in a manner, as determined by the Director, that will make it easy to vote throughout the State. A producer who is qualified under the wheat development program is entitled to one vote. The referend…
Duration of program; termination. A wheat development program established under 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 5% of the affected producers f…
Wheat Development board; officers; expenses. A wheat development program established under this Act shall provide for a wheat development board consisting of at least one member from each district which will be charged with the administration of the program. The board shall consist of one member elected from each of th…
Elections; candidates; vacancies. For the initial board any wheat producer may be elected only if he first has his name placed on the ballot by filing with the Director a petition containing a number of signatures equal to the lesser of 50 or 5% of those producers in his district qualified to vote on the referendum. Al…
Duties. The duties and responsibilities of the wheat development board shall be prescribed in the authority for each wheat development program and to the extent applicable shall include the following: (1) to develop and direct the wheat development program; (2) to prepare and approve a budget consistent with estimated…
Director; duties. For any wheat development program approved by referendum under this Act the Director shall: (1) take steps to insure that adequate and proper records are kept and that an annual audit summary is available to all program participants; (2) take steps to insure that adequate bonds are maintained; (3) coo…
Assessments. A properly qualified wheat development program shall provide for assessments against producers of the affected commodity to defray the costs of the activities provided for in the wheat development program. Assessments authorized in a wheat development program shall be based on the quantity of commodity mar…
Refunds. A producer who has sold wheat 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 if the application has been made to the board within 90 days after the deduction. Interest shall be allowed and…
Collection of assessments; penalties; actions. Persons who collect wheat development program assessment funds pursuant to Section 70 of this Act shall remit those funds to the wheat development board which shall deposit the funds in an account to be used as authorized by the wheat development program. A due and payable…
Reports; audit. The wheat development board shall publish annually an activity and financial report for the wheat development program. The report shall be available to all of the affected producers of the wheat development program. All expenditures under each wheat development program shall be audited at least annually…
Termination of program; unobligated funds. Upon termination of a wheat development program, all remaining unobligated funds shall be refunded to the Illinois Department of Agriculture to be used for wheat development programs. (Source: P.A. 90-377, eff. 8-14-97.)
Enforcement; actions; injunctions. No person shall knowingly fail or refuse to comply with any requirement of this Act where obligated to comply by a duly approved wheat development program. The wheat development board may institute any action necessary to enforce compliance with any provision of this Act or any wheat…
Amendments; hearings; referendum. A proposed amendment to an existing wheat development program may be requested by petition to the Director by 5% of the affected producers from across the State or by a two-thirds majority vote of the wheat development board. If any amendment to an existing wheat development program is…
Suspension of program. The operation of a wheat development program or any part thereof may be temporarily suspended for any reasonable cause by the wheat development board, for any period of time not to exceed one growing and marketing season. (Source: P.A. 90-377, eff. 8-14-97.)
Administrative Procedure Act; application. Sections 25 and 30 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. 90-377, eff. 8-14-97.)
Effective date. This Act takes effect upon becoming law. (Source: P.A. 90-377, eff. 8-14-97.)