2023 Illinois Compiled Statutes › Chapter 505 - AGRICULTURE › 505 ILCS 40/ - Illinois Corn Marketing Act.

(505 ILCS 40/1) (from Ch. 5, par. 701)
Sec. 1. 
		
		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 demands;
(b) To encourage through market development programs a more orderly, efficient
and equitable manner of marketing corn and corn products;
(c) To provide methods for the development of new and larger markets for corn; and
(d) Through expanded markets aid corn producers in maintaining an adequate
and equitable level of income.
(Source: P.A. 81-189.)
(505 ILCS 40/2) (from Ch. 5, par. 702)
Sec. 2. 
		This Act shall be known and may be cited as the "Illinois Corn Marketing Act".
(Source: P.A. 81-189.)
(505 ILCS 40/3) (from Ch. 5, par. 703)
Sec. 3. 
		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,
association, representative or other fiduciary.
(c) "Producer" means any person who is actively engaged in the production
of corn and who receives income from the production of corn, unless otherwise
defined in corn marketing program.
(d) "First purchaser" means any person who resells corn purchased from
a producer or offers for sale any product produced from such corn for any purpose.
(e) "Market development" means to engage in research and educational programs
directed toward better and more efficient utilization of corn; to provide
methods and means for the maintenance of present markets; for the development
of new and larger domestic and foreign markets.
(f) "Corn marketing program" means any program established under this
Act which prescribes procedures for the development
of markets for corn and corn products.
(g) "Corn marketing board" means the board established under this Act
to administer such procedures for the development
of markets for corn and corn products.
(h) "Director" means the Director of the Department of Agriculture of
the State of Illinois.
(i) "Department" means the Department of Agriculture of the State of Illinois.
(j) "Bushel" means 56 pounds of corn by weight.
(Source: P.A. 82-941.)
(505 ILCS 40/4) (from Ch. 5, par. 704)
Sec. 4. 
		
		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 procedures for collection of the assessment provided for by the program.
(e) The election procedure and qualifications of the corn marketing board
members, representation on the corn marketing board, terms of office, compensation,
if any, and other necessary provisions pertaining thereto;
(f) The operating procedures of the program;
(g) The qualifications for exempting corn or producers where such exemptions
are applicable.
(Source: P.A. 81-189.)
(505 ILCS 40/5) (from Ch. 5, par. 705)
Sec. 5. 
		
		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
for any of the activities listed in paragraphs (a), (b) or (c) of this Section;
(e) a provision that assessments authorized in a marketing program shall
not be used for political activity or for preferential treatment of any
person to the detriment of other persons in the marketing program;
(f) Other provisions not inconsistent with this Act or other Illinois
or federal laws and regulations.
(Source: P.A. 81-189.)
(505 ILCS 40/6) (from Ch. 5, par. 706)
Sec. 6. 
		
		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 public hearing. After
the close of the public hearing the Director and temporary corn marketing
program committee
shall send copies of their findings to all parties of record appearing at
the hearing. If such proposal is approved by the
temporary corn marketing program committee, a referendum shall be held thereon
in accordance with Section 7 of this Act.
The Director, upon recommendation of the temporary corn marketing program
committee, shall establish procedures for the qualifications of producers
for corn marketing programs for the participation of producers in hearings
and referenda and other procedures necessary in the development and adoption
of a corn marketing program. Such procedures shall not be subject to the
provisions of The Illinois Administrative Procedure Act; however, the Director
shall take any necessary steps to inform affected persons of the procedures,
including publication of the procedures in the Illinois Register.
(Source: P.A. 82-941.)
(505 ILCS 40/7) (from Ch. 5, par. 707)
Sec. 7. 
		
		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 voting in the referendum vote in favor of such
proposed corn marketing program. Following such approval the Department
shall file the program with the Secretary of State as provided in Section
5-65 of the Illinois Administrative Procedure Act.
If any proposed corn marketing program is not approved by such referendum,
no additional referendum on such corn marketing program may be held for
2 years from the date of the close of such referendum period. A succeeding
referendum shall be called by the Director upon request by petition of 2,500
producers of corn with at least 10 signers of such petition from each of
50 counties. Prior to holding a succeeding referendum, the Director shall
appoint a temporary corn marketing program committee who are corn producers
and shall follow the procedures as set forth in Section 6.
(Source: P.A. 88-45.)
(505 ILCS 40/8) (from Ch. 5, par. 708)
Sec. 8. 
		
		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 amendment. Any funds received by the Director
shall be deposited with the State Treasurer as ex-officio custodian and
held by him separate and apart from any other public moneys of this State
in a trust fund designated as the Corn Commodity Trust Fund and disbursed
only upon a voucher or order issued by the Director and paid by a warrant
drawn by the State comptroller and countersigned by the State Treasurer.
The Director shall order disbursements from the Corn Commodity Trust Fund
only for payment of the expenses authorized by this Act.
Any funds collected beyond actual expenses shall be reimbursed to the sponsors.
The Treasurer of the corn marketing board shall reimburse the sponsors in
the amount of the deposit, less any refunds, from fees received under such
program if such program is established.
(Source: P.A. 81-189.)
(505 ILCS 40/9) (from Ch. 5, par. 709)
Sec. 9. 
		
		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 Illinois.
Reasonable publicity and notification of the referendum date and voting
locations shall be provided in trade publications, the public press and
the official state newspaper, at least 2 weeks prior to such referendum date.
(Source: P.A. 88-512; 88-513.)
(505 ILCS 40/10) (from Ch. 5, par. 710)
Sec. 10. 
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 referendum shall be in accordance with Section
9 of this Act to determine the continued approval of such corn marketing
program. Continuation or termination shall be determined by the same voting
requirements for adoption of the corn marketing program set forth in Section 7.
(Source: P.A. 97-813, eff. 7-13-12.)
(505 ILCS 40/11) (from Ch. 5, par. 711)
Sec. 11. 
		
		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 marketing board shall elect from its members a chairman, secretary,
treasurer and such other positions as may be provided for in the corn marketing
program. The term of office for members of the corn marketing board shall
be for 3 years, except that the term of the members of the board first taking
office shall be for one, two or three years as determined by the initial
board. The corn marketing board shall establish the number of members for
each term of office of the initial corn marketing board and shall provide
the procedure for the election of members in subsequent years.
All voting members of the corn marketing board are entitled to actual and
necessary travel and incidental expenses while attending meetings of the
board or while engaged in the performance of official responsibilities as
determined by the board and provided for in the corn marketing program.
(Source: P.A. 81-189.)
(505 ILCS 40/12) (from Ch. 5, par. 712)
Sec. 12. 
		
		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 persons who are producers and residents
in the district for which they are nominated.  Notice of the initial election
of members of the board shall be given in trade publications, the public
press, and statewide newspapers at least 2 weeks prior to such election.
Vacancies on the corn marketing
board during the term of office shall be filled by the corn marketing board
with a producer from the district for the balance of the unexpired term.
In subsequent years, an election shall be held to fill any expiring term
on the board.  Elections shall be in the same fashion as for initial board
members.  The election procedure shall be as provided in this Section unless
otherwise provided for in the corn marketing program.  Candidates receiving
the greatest number of votes at any election shall be elected.
(Source: P.A. 81-189.)
(505 ILCS 40/13) (from Ch. 5, par. 713)
Sec. 13. 
		
		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 scope of the corn marketing program;
(c) To formulate and execute assessment procedures, rates and methods of collection;
(d) To procure and evaluate data and information necessary for the proper
administration and operation of the corn marketing program;
(e) To employ personnel and contract for services which are necessary
for the proper operation of the corn marketing program;
(f) To authorize the expenditure of funds and the contracting of expenditures
to conduct proper activities of the program;
(g) to bond the treasurer and such other persons necessary to insure adequate
protection of funds; and
(h) To perform such other duties which are necessary to the proper operation
of the program.
(Source: P.A. 81-189.)
(505 ILCS 40/14) (from Ch. 5, par. 714)
Sec. 14. 
		
		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 administrative activities between the corn marketing board
and the Department; and
(d) Confer and cooperate with the legally constituted authorities of other
states and the United States.
(Source: P.A. 81-189.)
(505 ILCS 40/15) (from Ch. 5, par. 715)
Sec. 15. 
		
		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 equitably assessed against all affected
producers.
The total assessment levied on the commodity of any affected producer
shall be 1/4 cent per bushel of corn produced and sold by that producer.
After the first 5 years a program is in operation, the corn marketing board
may request the Director to hold a referendum to increase the assessment rate.
Any referendum to increase the assessment rate shall be considered approved
if a majority of those producers voting in the referendum vote in favor thereof.
The corn marketing board shall increase the rate as set in the referendum.
The corn marketing board shall require the first purchaser of corn to withhold
and remit such assessments to the corn marketing board.  A first purchaser
remitting the assessments for any producer shall deduct the proper amount
of assessment from any amount which he owes to such producer.  The corn
marketing board shall have the power to cause any duly authorized agent
or representative to enter upon the premises of any purchaser of corn 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 or enforcement
of this Act.
(Source: P.A. 82-941.)
(505 ILCS 40/16) (from Ch. 5, par. 716)
Sec. 16. 
		
		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 the rate of 6% per annum upon the
total amount of such assessment imposed by this Act, except that if any
such assessment is refunded within 90 days after an application for refund
has been made within the required 60 days after deduction or within 90 days
after the first purchaser of corn remits the assessments withheld and deducted
to the corn marketing board, whichever is later, no interest shall be allowed
on such assessment.  Each application for refund by a producer shall have
attached thereto proof of assessment deducted.
(Source: P.A. 81-189.)
(505 ILCS 40/17) (from Ch. 5, par. 717)
Sec. 17. 
		
		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
marketing program created under this Act constitutes a personal debt of
every person so assessed or who otherwise owes such assessment.  Such assessment
is due and payable to the corn marketing board not more frequently than
quarterly or when stipulated in the corn marketing program and called for
by the corn marketing board.  In the event any person fails to remit the
full amount of such due assessment or such other sum within 30 days after
the due date, the person owing such assessment shall be given an opportunity
to present his case as provided for in Section 20 of this Act.  When established
that the assessment is correct, the corn marketing board may add to such
unpaid assessment or sum a penalty amount not exceeding 10% of the amount
due plus all the cost of enforcing the collection of the assessment or sum
due.  In the event of failure of such person to remit any properly due assessment
or sum, the corn marketing board may bring a civil action against such person
in the circuit court of any county for the collection thereof, together
with the above additional specified 10% penalty assessment,
cost of enforcing the collection of the assessment and court costs.  Such
action shall be tried and judgment rendered as in any other cause of action
for debts due and payable.
All assessments are due and payable to the corn marketing board.
(Source: P.A. 81-189.)
(505 ILCS 40/18) (from Ch. 5, par. 718)
Sec. 18. 
		
		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 30 days after completion of such
audit, the results shall be made available to the Director.
(Source: P.A. 81-189.)
(505 ILCS 40/19) (from Ch. 5, par. 719)
Sec. 19. 
		
		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.)
(505 ILCS 40/20) (from Ch. 5, par. 720)
Sec. 20. 
		
		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 pursuant to this Act.
In addition to any other remedy provided by law, the corn marketing board
may petition for injunctive relief without being required to allege or prove
the absence of any adequate remedy at law.
Before the corn marketing board may institute any proceedings under this
Act, the alleged violator shall first be given an opportunity to present
his views to the corn marketing board as to why proceedings should not be
instituted. Such hearings shall be subject to The Illinois Administrative
Procedure Act.
(Source: P.A. 82-941.)
(505 ILCS 40/21) (from Ch. 5, par. 721)
Sec. 21. 
		
		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 public hearing to consider such amendment.  After
the close of the public hearing the Director and the corn marketing board
shall send copies of their findings to all parties of record appearing at
the hearing.  If such proposed amendment is approved by the corn marketing
board a referendum may be held thereon in accordance with Section 9 and
the same voting requirements for adoption of the corn marketing program
as set forth in Section 7.  When any such amendment is approved by referendum,
the Department shall file the amendment with the Secretary of State as provided
in Section 5-65 of the Illinois Administrative Procedure Act.
The Director, upon recommendation of the corn marketing board, shall
establish procedures necessary in the development and adoption of such proposed
amendment to an existing corn marketing program. Such procedures shall be
included in the rules of the Department required by Section 5-15 of the
Illinois Administrative Procedure Act.
(Source: P.A. 88-45.)
(505 ILCS 40/22) (from Ch. 5, par. 722)
Sec. 22. 
		
		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.)
(505 ILCS 40/23) (from Ch. 5, par. 723)
Sec. 23. 
		
		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.)