Sec. 50. Collection of moneys.

300 words·~1 min read·/il/chapter-510/act-101/50

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.