2023 Illinois Compiled Statutes › Chapter 505 - AGRICULTURE › 505 ILCS 115/ - Illinois Sheep and Wool Production Development and Marketing Act.

(505 ILCS 115/1) (from Ch. 5, par. 1051)
Sec. 1. 
		
		Because the sheep and wool industry has been unable to effectively
promote the need to expand production to meet current demands and because
producers of sheep and wool are unable to develop adequate new markets for
their commodity, the following is declared to be the legislative policy of this Act;
(a) To emphasize the potential of a more profitable sheep and wool enterprise
through increased production of both;
(b) To enable sheep and wool producers of this State to coordinate more
effectively the maintenance and development of markets of their commodity
with market demands;
(c) To encourage through market development and promotion programs, a
more orderly, efficient and equitable manner of marketing sheep and wool products;
(d) To provide methods for the development of new and larger markets for
sheep and wool and
(e) Through expanded promotion and marketing, aid sheep and wool producers
in maintaining an adequate and equitable level of income.
(Source: P.A. 82-100.)
(505 ILCS 115/2) (from Ch. 5, par. 1052)
Sec. 2. 
		
		This Act shall be known and may be cited as the "Illinois Sheep
and Wool Production Development and Marketing Act".
(Source: P.A. 82-100.)
(505 ILCS 115/3) (from Ch. 5, par. 1053)
Sec. 3. 
		
		For the purpose of this Act, unless the context clearly requires
otherwise:
(a) "Sheep" means any animal of the ovine species, regardless of age,
produced or marketed in Illinois.
(b) "Wool" means the natural fiber produced by sheep.
(c) "Producer" means any person who is actively engaged in the business
of producing or marketing sheep or wool and who receives income from the
production of sheep or wool, unless otherwise defined in the sheep and wool
production development and marketing program.
(d) "First Purchaser" means any person who resells sheep or wool purchased
from a producer or offers for sale any product produced from such sheep
or wool for any purpose.
(e) "Market development" means to engage in research and educational
programs directed toward better and more efficient production and utilization
of sheep or wool; to provide methods and means for the maintenance of present
markets; to promote the need to increase production to meet current demands so
that the development of new and larger domestic and foreign markets can be
attained.
(f) "Sheep and wool production development and marketing program" means
any program established under this Act which prescribes procedures and policy
for the development of markets for sheep and wool or sheep and wool products.
(g) "Sheep and wool production development and marketing board" means
the board established under this Act to administer a program for the
development of markets and promotion of the sheep and wool industry.
(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.
(Source: P.A. 88-571, eff. 8-11-94.)
(505 ILCS 115/4) (from Ch. 5, par. 1054)
Sec. 4. 
		
		Any sheep and wool production development and 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 sheep and wool production
development and marketing board members, representation on the sheep and
wool production development and 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 sheep or wool producers where such
exemptions are applicable.
(Source: P.A. 82-100.)
(505 ILCS 115/5) (from Ch. 5, par. 1055)
Sec. 5. 
		
		Any sheep and wool production development or marketing program
proposed or adopted under this Act may include any of the following:
(a) Expansion of production of sheep and wool;
(b) Market development and research programs;
(c) Market promotion, education and public relations programs;
(d) Market information services;
(e) The right to contract with qualified organizations, agencies or individuals
for any of the activities listed in paragraphs (a), (b), (c), or (d) of this Section;
(f) A provision that assessments authorized in a production development
or marketing program, shall not be used for political activities or for
preferential treatment of any person to the detriment of other persons in
the sheep and wool production development and marketing program.
(g) Other provisions not inconsistent with this Act or other Illinois
or federal laws and regulations.
(Source: P.A. 82-100.)
(505 ILCS 115/6) (from Ch. 5, par. 1056)
Sec. 6. 
		
		After the effective date of this Act, if there are sponsors
willing and able to meet the requirements of Section 8, the Director shall
appoint a temporary sheep and wool production development and marketing
program committee consisting of 7 members who are sheep or wool producers
to develop a sheep and wool production development and marketing program
proposal.  Such program shall be considered at a public hearing.  After
the close of the public hearing the Director and temporary sheep and wool
production development and marketing program committee shall send copies
of their findings to all parties of record appearing at the hearing.  If
such proposed program is approved by the temporary sheep and wool production
development and marketing program committee, a referendum shall be held
thereon in accordance with Section 7 of this Act.
The Director, upon recommendation of the temporary sheep and wool production
development and marketing program committee, shall establish procedures
for the qualifications of producers for sheep and wool production development
and marketing programs for the participation of producers in hearing and
referenda and other procedures necessary in the development and adoption
of a sheep and wool production development and marketing program.
(Source: P.A. 82-100.)
(505 ILCS 115/7) (from Ch. 5, par. 1057)
Sec. 7. 
		
		Within 120 days after final approval by the temporary sheep
and wool production development and marketing program committee of any proposed
sheep and wool production development or marketing program, the Director
shall determine by referendum whether the affected producers assent to such
proposed sheep and wool production development or marketing program.  The
proposed sheep and wool production development and marketing program is
approved when a majority of those voting in the referendum vote in favor
of such proposed sheep and wool production development and marketing program.
If any proposed sheep and wool production development and marketing program
is not approved by such referendum, no additional referendum on such sheep
and wool production development and 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 written petition
of 400 producers of sheep and/or wool with at least 5 signers of such petition
from each of 25 counties.  Prior to holding a succeeding referendum, the
Director shall appoint a temporary sheep and wool production development
and marketing program committee who are sheep and/or wool producers and
shall follow the procedures as set forth in Section 6.
(Source: P.A. 82-100.)
(505 ILCS 115/8) (from Ch. 5, par. 1058)
Sec. 8. 
		
		Prior to the consideration of any proposed sheep and wool production
development and marketing program or amendment, the Director may require
the sponsors thereof 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 sheep and wool production development
and 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 Sheep and Wool 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 Sheep and Wool
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 sheep and wool production development
and 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. 82-100.)
(505 ILCS 115/9) (from Ch. 5, par. 1059)
Sec. 9. 
		
		In any referendum under this Act, voting shall be by ballot cast
by eligible voters at geographically located polling places or in such manner
that will make it easy to vote throughout the State including voting by
mail.  Any producer who is qualified under the sheep and wool production
development and 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
once in the official state newspaper, at least 2 weeks prior to such referendum
date.
(Source: P.A. 88-571, eff. 8-11-94.)
(505 ILCS 115/10) (from Ch. 5, par. 1060)
Sec. 10. 
		
		The sheep and wool production development and marketing program
authorized 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 400 producers
of sheep and/or wool with at least 5 signers of such petition from each
of 25 counties.  The referendum shall be in accordance with Section 9 of
this Act to determine the continued approval of such sheep and wool production
development and marketing programs.  Continuation or termination shall be
determined by the same voting requirements for adoption of the sheep and
wool production development and marketing program set forth in Section 7.
(Source: P.A. 82-100.)
(505 ILCS 115/11) (from Ch. 5, par. 1061)
Sec. 11. 
		
		Any sheep and wool production development and marketing program
established under this Act shall provide for a sheep and wool production
development and marketing board consisting of at least 7 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 sheep and wool production development and marketing program.
The sheep and wool production development and marketing board shall elect
from its members a chairman, secretary, treasurer and such other positions
as may be provided for in the sheep and wool production development and
marketing program.  The term of office for members of the sheep and wool
production development and 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 sheep and
wool production development and marketing board shall establish the number
of members for each term of office of the initial sheep and wool production
development and marketing board and shall provide the procedure for the
election of members in subsequent years.
All voting members of the sheep and wool production development and marketing
board are entitled to actual and necessary travel and incidental expenses
while attending meetings of the board and provided for in the sheep and
wool production development and marketing program.
(Source: P.A. 82-100.)
(505 ILCS 115/12) (from Ch. 5, par. 1062)
Sec. 12. 
		
		For the initial board any sheep and/or wool producer may be
elected only if he first has his name placed on the ballot by filing a petition
with the Director containing 50 signatures, 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 at
least once in trade publications, the public press, and statewide newspapers
at least 2 weeks prior to such election.  Vacancies on the sheep and wool
production development and marketing board during the term of office shall
be filled by the sheep and wool production development and 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 sheep and wool production development and marketing
program.  Candidates receiving the greatest number of votes at any election
shall be elected.
(Source: P.A. 82-100.)
(505 ILCS 115/13) (from Ch. 5, par. 1063)
Sec. 13. 
		
		The duties and responsibilities of the sheep and wool production
development and marketing board shall be prescribed in the authority for
each sheep and wool production development and marketing program and to
the extent applicable shall include the following:
(a) To develop and direct the sheep and wool production development and
marketing program;
(b) To prepare and approve a budget consistent with estimated receipts
and the scope of the sheep and wool production development and 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 sheep and wool production development
and marketing program;
(e) To employ personnel and contract for services which are necessary
for the proper operation of the sheep and wool production development and
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. 82-100.)
(505 ILCS 115/14) (from Ch. 5, par. 1064)
Sec. 14. 
		
		For any sheep and wool production development and 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 sheep and wool production
development and 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. 82-100.)
(505 ILCS 115/15) (from Ch. 5, par. 1065)
Sec. 15. 
		
		Any properly qualified sheep and/or wool production development
or marketing program shall provide for assessments against producers of
the affected commodity to defray the costs of the activities provided for
in the sheep and wool production development and marketing program.
Assessments
authorized in a sheep and/or wool production development and marketing program
shall be based on the quantity of commodity marketed and shall be equitably
assessed against all affected producers in one of two ways as follows:
(a) If assessments are levied against only wool, then the total assessment
levied on the commodity of any affected producer shall be 2 cents per pound
of wool produced and sold by that producer during the first 5 years a program
is in operation.
If deemed necessary after the first 5 years a program is in operation the
rate can be increased, not to exceed 1/2 cent per pound per every 2 years
by a vote of a 5/7 majority of the entire sheep and wool production development
and marketing board, however the assessment rate cannot exceed 5 cents per
pound.  In subsequent years, the sheep and wool production development and
marketing board can request the Director to hold a producer referendum to
increase above and beyond the maximum assessment rate of 5 cents per pound
of wool allowed under the provisions of this Act.  Providing that a majority
of those producers voting, vote in favor, the sheep and wool production
development and marketing board can then increase the rate.
(b) If assessments are levied against both sheep and wool, then the total
assessment levied on both commodities of any affected producer shall be
one cent per pound of wool produced and sold by that producer and 10 cents
per head of sheep produced and sold by that producer during the first 5
years a program is in operation.
If deemed necessary after the first 5 years a program is in operation,
the rate can be increased, not to exceed 1/4 cent per pound of wool per
every 2 years and not to exceed 2 1/2 cents per head of sheep per every
2 years, by a vote of 5/7 majority of the entire sheep and wool production
development and marketing board, however the assessment rate cannot exceed
2 1/2 cents per pound of wool and cannot exceed 25 cents per head of sheep.
In subsequent years, the sheep and wool production development and marketing
board can request the Director to hold a producer referendum to increase
above and beyond the maximum assessment rates of 2 1/2 cents per pound
of wool and 25 cents per head of sheep allowed under the provisions of the
Act.  Providing that a majority of those producers voting, vote in favor,
the sheep and wool production development and marketing board can then increase
the rate.
Upon approval of a sheep and wool production development and marketing
program by a majority of those voting in a referendum and pursuant to the
provisions of this Act and of the approved program, the first purchasers
of sheep and/or wool shall withhold and remit such assessments to the sheep
and wool production development and marketing board.  From the time withheld,
such assessments shall be the property of said board and shall be held in
trust by the first purchaser until the assessment is remitted to the Board.
Such assessments shall not be subject to levy or execution by any creditor
of the first purchaser.  The sheep and wool production development and
marketing
board shall have
the power to cause any duly authorized agent or representative to enter
upon the premises of any purchaser of sheep and wool 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. 91-357, eff. 7-29-99.)
(505 ILCS 115/16) (from Ch. 5, par. 1066)
Sec. 16. 
		
		A producer who has sold sheep and/or wool and has had an assessment
deducted from the sale 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 sheep and/or wool remits the assessments withheld
and deducted to the sheep and wool production development and 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. 82-100.)
(505 ILCS 115/17) (from Ch. 5, par. 1067)
Sec. 17. 
		
		Persons who withhold sheep and/or wool production development
and marketing program assessment funds pursuant to Section 15 of this Act
shall remit such funds to the sheep and wool production development and
marketing board which shall deposit such in an account to be used as authorized
by the sheep and wool production development and marketing program.
Any due and payable assessment required under the provisions of any sheep
or wool production development and 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 sheep and
wool production development and marketing board not more frequently than
quarterly or when stipulated in the sheep and wool production development
and marketing program and called for by the sheep and wool production development
and 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 the opportunity to present
his case as provided for in Section 20 of this Act.  When established that
the assessment is correct, the sheep and wool production development and
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 sheep and wool production
development and 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, including legal fees of
the board, incurred by the board in enforcing payment of the assessment
or debt 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 sheep and wool
production development and marketing board.
(Source: P.A. 82-100.)
(505 ILCS 115/18) (from Ch. 5, par. 1068)
Sec. 18. 
		
		The sheep and wool production development and marketing board
shall publish annually an activity and financial report for such sheep and
wool production development and marketing programs to be available to all
of the affected producers of the sheep and wool production development and
marketing program.  All expenditures under each sheep and wool production
development and 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. 82-100.)
(505 ILCS 115/19) (from Ch. 5, par. 1069)
Sec. 19. 
		
		Upon termination of any sheep or wool production development
and marketing program, all remaining unobligated funds shall be refunded
to the Illinois Department of Agriculture to be used for sheep and/or wool
production and/or marketing programs.
(Source: P.A. 82-100.)
(505 ILCS 115/20) (from Ch. 5, par. 1070)
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 sheep
and wool production development board and/or marketing program.  The sheep
and wool production development and marketing board may institute any action
which is necessary to enforce compliance with any provision of this Act,
and policy established thereunder or any sheep or wool production development
and marketing program adopted pursuant to this Act.  In addition to any
other remedy provided by law, the sheep and wool production development
and marketing board may petition for injunctive relief without being required
to allege or prove the absence of any adequate remedy at law.
Before the sheep and wool production development and marketing board may
institute any proceedings under this Act, the alleged violator shall first
be given an opportunity for a hearing, held pursuant to board procedures,
at which he may present evidence as to why proceedings should not be instituted
against him.
(Source: P.A. 82-100.)
(505 ILCS 115/21) (from Ch. 5, par. 1071)
Sec. 21. 
		
		A proposed amendment to an existing sheep and wool production
development and marketing program may be requested by petition to the Director
by 2% of the affected producers from each respective district or by a 5/7
majority vote of the sheep and wool production development and marketing
board.  If any amendment to an existing sheep and wool production development
and 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 sheep and wool production development and 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 sheep and wool production
development and marketing board a referendum may be held thereon in accordance
with Section 9 and the same voting requirements for adoption of the sheep
and/or wool production development and marketing program as set forth in
Section 7.  The Director, upon recommendation of the sheep and wool production
development and marketing board, shall establish procedures necessary in
the development and adoption of such proposed amendment to an existing sheep
and wool production development and/or marketing program.
(Source: P.A. 82-100.)
(505 ILCS 115/22) (from Ch. 5, par. 1072)
Sec. 22. 
		
		The operation of any sheep and wool production development
or marketing program or any part thereof may be temporarily suspended for
any reasonable cause by the sheep and wool production development and marketing
board, for any period of time not to exceed one growing and marketing season.
(Source: P.A. 82-100.)
(505 ILCS 115/23) (from Ch. 5, par. 1073)
Sec. 23. 
		
		This Act shall not be subject to Section 5-35 of the
Illinois Administrative Procedure Act.
(Source: P.A. 91-357, eff. 7-29-99.)