510 ILCS 101/ Illinois Swine Market Development Act.

(510 ILCS 101/1)

Sec. 1. Short title. This Act may be cited as the Illinois Swine Market Development Act.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/5)

Sec. 5. Legislative intent. The legislature intends to promote the growth of the swine industry in Illinois; to assure the citizens of this State and the American public an adequate and wholesome food supply; to provide for the general economic welfare of both producers and consumers of pork and the State of Illinois; and to provide the swine production and feeding industry of this State with authority to establish a self-financed, self-governed program to help develop, maintain, and expand the State, national, and foreign markets for pork and pork products produced, processed, or manufactured in this State.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/10)

Sec. 10. Definitions. In this Act:

"Board" means the elected members of the Illinois Pork Producers Association board of directors.

"Council" means the Illinois Swine Market Development Council created by this Act.

"Director" means a member of the Illinois Swine Market Development Council.

"Market agent", "market agency", "collection agent", or "collection agency" means any person who sells, offers for sale, markets, distributes, trades, or processes swine that has been purchased or acquired from a producer or that is marketed on behalf of a producer. The term also includes meat packing firms, and their agents, that purchase or consign to purchase swine.

"Market" means to sell or to otherwise dispose of a swine animal, pork, or pork product in commerce.

"Person" means any natural person, partnership, corporation, company, association, society, trust, or other business unit or organization.

"Pork" means the meat from swine.

"Pork product" means a product produced or processed in whole or in part from swine.

"Producer" means any person engaged in this State in the business of producing or marketing swine, unless otherwise defined in the marketing program.

"Swine" means all domesticated animals of the family Suidae.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/15)

Sec. 15. Illinois Swine Market Development Program.

(a) The name of the program authorized by and created by this Act is the Illinois Swine Market Development Program.

(b) The program shall include, as applicable, the following:

(1) a definition of terms;

(2) the purpose of the program;

(3) the assessment rate or rates provided for by the program;

(4) equitable procedures for collection of the assessment provided for the program;

(5) procedures and criteria for determining adoption of a program;

(6) the election procedure and qualifications of the directors of the Council, terms of office, expense reimbursement, and other necessary provisions pertaining thereto;

(7) the operating procedures of the program;

(8) the qualifications for and registration of swine producers to participate in referenda for the adoption, amendment, or continuation of a marketing program and the election of Council directors;

(9) the procedure for requesting refunds and, if provided for in the marketing program, reasonable reimbursement of collection agencies' expenses;

(10) procedures for the discontinuance of a program;

(11) the determination of what swine are subject to assessment and the exemption of swine producers or swine from assessment when those exemptions are applicable as defined in the marketing program; and

(12) the adoption of other provisions to facilitate the purposes of the marketing program.

(c) The purposes of the program may include:

(1) promoting the sale and use of pork and pork products; supporting promotion, research, and education programs, and other consumer marketing activities at a funding level determined by the Council; and otherwise supporting consumer market development and promotion efforts on a State, national, and international scale;

(2) developing new uses and markets for pork and pork products;

(3) developing and improving methods of distributing pork and pork products to the consumer;

(4) developing methods for improving the quality of pork and pork products for consumer benefit;

(5) informing and educating the public of the nutritive and economic value of pork and pork products;

(6) informing and educating pork producers on disease control and eradication, environmental stewardship and mandates, and other areas of importance to the swine industry;

(7) functioning as a liaison within the pork industry and other food industries of the State and elsewhere in matters that would increase efficiencies that ultimately benefit both consumers and industry; and

(8) developing and expanding markets for swine.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/20)

Sec. 20. Powers and duties of the Board.

(a) The Board is responsible for the development of the initial Illinois Swine Market Development Program, providing publicity and conducting informational meetings prior to the referendum for adoption on the initial marketing program, making the proposed program and nominating petitions for director and names of candidates running for office available to the public, registering producers who are subject to the program to vote, conducting the initial referendum to adopt a program, and conducting the initial election of the Council.

(b) The Board shall develop an Illinois Swine Market Development Program consistent with the provisions set forth in Section 15 and as authorized by or required by this Act.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/25)

Sec. 25. Governing council. With a favorable vote of swine producers subject to the marketing program in the State of Illinois to adopt by referendum an Illinois Swine Market Development Program, there shall be established an Illinois Swine Market Development Council governed by a board of directors of 7 members who shall be elected at the same time as the initial referendum and thereafter as provided for in this Act and marketing program. Swine producers who are subject to the program shall elect a director from each of 7 compact and contiguous districts, apportioned as nearly as practical according to the swine-on-farms census report taken from the latest available United States Department of Agriculture records.

No county in Illinois shall be apportioned into more than one district. The 7 districts shall be re-apportioned by the Council every 9 years, according to the latest available United States Department of Agriculture swine-on-farms census records. An elected director shall not become ineligible to serve his or her elected term through any re-apportionment.

The 7 directors shall be elected to serve a 3-year term and may be re-elected to serve an additional consecutive term. An elected director must be a resident of Illinois and must be a swine producer subject to the program who has been a swine producer for at least the 5 years prior to his or her election. A qualified swine producer may be elected to serve on the Council only if he or she has submitted, by registered mail to the Illinois Swine Market Development office, a nominating petition containing signatures of 25 or more swine producers subject to the program from the district he or she seeks to represent, except that in the case of the initial election of Council directors, the nominating petition shall be mailed by registered mail to the Board. The candidate receiving the greatest number of votes cast from that district shall be elected.

All Council directors shall be unsalaried. Council directors may, however, be reimbursed for travel and other expenses incurred in carrying out the intent and purposes of this Act and marketing program.

It is the responsibility of the Council to conduct the election of Council directors within 30 days before the end of any elected Council director's term of office. Newly elected Council directors shall assume their office at the first meeting of the Council after their election to office, which shall be convened within 30 days after the election. Notice of the meeting shall be sent to the directors of the Council at least 10 days before the meeting. The notice must state the time, date, and place of the meeting.

Reasonable notice of elections of directors of the Council must be given at least once in trade publications and in the public press at least 30 days before the election.

The Council may declare an office of director vacant and appoint a swine producer subject to the program from that district to serve the unexpired term of any director unable or unwilling to complete his or her term of office.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/30)

Sec. 30. Referenda. All swine producers subject to the marketing program shall have the opportunity to vote in a referendum to determine the adoption, amendment, or continuation of a marketing program.

All referenda shall be by secret ballot. Voting shall be by mailed ballot. No less than 14 calendar days shall be allowed for swine producers subject to the program to cast their ballots. Procedure shall be provided for absentee voting. Reasonable notice of all referenda held under this Act must be given at least once in trade publications and in the public press at least 30 days before the referendum.

The ballots shall be returned to the Illinois Department of Agriculture. Such ballots shall be returned or delivered to the Department no later than the date for the conclusion of the voting period. The Department shall secure all ballots until they are tallied. The Department shall appoint a 3-person teller committee to tally the vote and shall make the results of the referendum public.

The initial referendum to adopt an Illinois Swine Market Development Program and to set the amount of an assessment may be conducted at any time by the Board of the Illinois Pork Producers Association. The Board shall hold informational meetings on the initial marketing program.

Any producer who is qualified under any marketing program is entitled to one vote. The referendum area includes the entire State of Illinois.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/35)

Sec. 35. Powers and duties of the Council.

(a) The Council shall:

(1) receive and disburse funds, as prescribed in this Act and the marketing program, to be used in administering and implementing the provisions and the intent of this Act and the marketing program;

(2) annually elect a Chairperson from among its members who may succeed himself or herself for not more than one term;

(3) annually elect a Secretary-Treasurer from among its members;

(4) meet regularly and at any other times at the call of the Chairperson, or when requested by 4 or more directors of the Council; all meetings must comply with the Open Meetings Act;

(5) maintain a permanent record of its business proceedings;

(6) maintain a permanent and detailed record of its financial dealings;

(7) prepare and publish annually an activity and financial report for the marketing program to be available to all of the affected producers of the marketing program. All expenditures under each 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 of the Illinois Department of Agriculture;

(8) bond the treasurer and such other persons necessary to insure adequate protection of funds and deposit program funds in a secure banking institution; and

(9) maintain an office at a specific location in Illinois.

(b) The Council may:

(1) conduct or contract with any accredited university, college, or similar institution and enter into other contracts or agreements that will aid the Council 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 swine industry on subjects including, but not limited to, purchase, identification, care storage, handling, cookery, preparation, serving, and nutritive value of pork and pork products;

(3) provide information to government bodies and act jointly or in cooperation with the State or federal government, and agencies thereof, to facilitate the objectives of the program;

(4) sue and be sued as a Council without individual liability of the members for acts of the Council when acting within the scope of the powers of this Act and in the manner prescribed by the laws of this State;

(5) borrow money from licensed lending institutions in an amount that is not cumulatively greater than 50% of the Council's anticipated annual income;

(6) maintain a financial reserve for emergency use, the total of which may not exceed 50% of the Council's anticipated annual income;

(7) appoint advisory groups composed of representatives from organizations, institutions, government, or businesses related to or interested in the welfare of the swine industry and the pork-consuming public;

(8) employ subordinate officers and employees of the 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 or person engaged in work or activities consistent with the objectives of the program;

(10) cause any duly authorized agent or representative of the Council to enter upon the premises of any market agency, market agent, collection agent, or collection agency, or any person responsible for remitting assessments to the Council and examine or cause to be examined by an authorized agent only books, papers, and records that deal in any way with the payment of the assessment adopted pursuant to this Act and marketing program;

(11) provide services that enhance profitability and consumer preference for pork; and

(12) carry out the duties and responsibilities as set forth in this Act and marketing program.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/40)

Sec. 40. Acceptance of grants and gifts. The Council may accept grants, donations, contributions, or gifts from any source and may use these moneys consistent with the objectives of the program.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/45)

Sec. 45. Payments to organizations.

(a) The Council may pay funds to other organizations or persons for work or services performed that are consistent with the objectives of the program.

(b) Before making payments described in this Section, the Council must secure agreements in writing that the organization or persons receiving payment will (i) furnish yearly or at the request of the Council written or printed reports of program activities and reports of financial data that are related to the Council's funding of these activities and (ii) agree to have appropriate representatives attend business meetings of the Council as reasonably requested by the Chairperson of the Council.

(c) The Council may require adequate proof of surety bonding on funds paid to any person or organization.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/50)

Sec. 50. Collection of moneys.

(a) Every person who is responsible for remitting the assessment as established in the marketing program shall deduct the amount of the assessment as directed in the marketing program.

(b) The person responsible for remitting the assessment shall forward the assessed funds to the Council on a monthly basis. The Council shall provide appropriate business forms for the convenience of the person responsible for remitting the assessment.

(c) Failure of the person who is responsible for collecting and remitting to the Council assessments authorized by this Act and marketing program is grounds for the Council to request that the Illinois Department of Agriculture suspend or refuse to issue the person's license under the Livestock Auction Market Law or Illinois Livestock Dealer Licensing Act.

(d) The Council shall maintain financial records of all moneys received under the marketing program.

(e) Any due and payable assessment required under this Act and marketing program constitutes a personal debt of the person so assessed or the person who otherwise owes the assessment. In the event of failure of a person to remit any properly due assessment, the 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 Council.

(f) All moneys assessed under this Act and marketing program are bona fide business expenses for the seller under the tax laws of this State.

(g) The Council may adopt reciprocal agreements with other swine councils or similar organizations.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/55)

Sec. 55. Refunds.

(a) Any person who has had an assessment deducted from under the provisions of this Act and marketing program is entitled to a full and prompt refund. The refund shall be made in a manner consistent with this Act and any marketing program for the time that the program is in effect.

(b) The Council shall make available to all persons responsible for collecting and remitting the assessment forms for requesting refunds. The refund request forms shall be submitted by the swine producer within 60 days after the date of assessment.

(c) A refund claim by the swine producer must include his or her signature, date and place of assessment, number of swine, and amount of assessment deducted and must have attached to it proof of the assessment.

(d) If the Council has reasonable doubt that a refund claim is valid, it may withhold payment and take any action that may be deemed necessary to determine its validity.

(e) All requests for refunds shall be initiated by the producer.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/60)

Sec. 60. Surety bond. Any person authorized by the Council to receive or disburse funds must post with the Council a surety bond in an amount determined by the Council. Premiums covering bonds for employees, officers, or members of the Council shall be paid by the Council.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/65)

Sec. 65. Compliance. No person may knowingly fail or refuse to comply with the requirements of this Act or an adopted marketing program. The Council may institute any action that is necessary to enforce compliance with this Act or an adopted marketing program. In addition to any other remedy provided by law, the Council may petition the circuit court for injunctive relief without being required to allege or prove the absence of any adequate remedy at law.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/70)

Sec. 70. Duration of program.

(a) Any marketing program adopted by referendum shall remain in effect until amended or repealed.

(b) Upon delivery by certified mail to the Council office of petitions from each of the 7 districts containing the signatures of at least 100 swine producers in each district that are qualified to vote, stating "Shall the Illinois Swine Market Development Program continue?", the Council shall, within 90 days, conduct a referendum to determine if a majority of the swine producers qualified to vote in the referendum support the continuation of the Illinois Swine Market Development Program. Referendums on the question of the continuation of a program may not be held more than once every 5 years. The continuation of a marketing program shall be determined by the same voting requirements as for adoption of the marketing program.

(c) A marketing program may be amended by utilizing the same procedures as for determining the continuation of a program. The Council may at any time deemed necessary propose amendments to a marketing program.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/75)

Sec. 75. Termination of program. Upon termination of any marketing program, all remaining unobligated funds shall be refunded on a pro rata basis to the producers from whom the assessments were collected in the preceding 2 years.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/80)

Sec. 80. Suspension of program. The operation of any marketing program or any part thereof may be suspended for any reasonable cause by the Council.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/85)

Sec. 85. Illinois Administrative Procedure Act. The marketing program, procedures relative to the adoption of any marketing program or amendment to an existing marketing program shall not be subject to the provisions of the Illinois Administrative Procedure Act.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/90)

Sec. 90. Invalidity. If any provision of this Act or application thereof to any person or circumstances is held invalid, that invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid application or provision, and to this end the provisions of this Act are declared to be severable.

(Source: P.A. 92-158, eff. 7-25-01.)

(510 ILCS 101/999)

Sec. 999. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 92-158, eff. 7-25-01.)