HB3798eng 94TH GENERAL ASSEMBLY

HB3798 Engrossed LRB094 11577 LJB 42592 b

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Equine Research and Promotion Act is amended by changing Sections 5, 10, 25, and 30 as follows:

(510 ILCS 67/5)

Sec. 5. Definitions. As used in this Act:

"Board" means the Illinois Equine Industry Research and Promotion Board appointed in accordance with this Act.

"Commercial equine feed" means manufactured feed, supplement, or premix intended or labeled for equine use. Multi-species feed and feed sold in units smaller than 50 pounds shall be exempt from this definition.

"Director" means the Director of Agriculture.

"Manufactured feed" means grains, seeds, or forage that are ground, mixed, supplemented, or otherwise altered for the purpose of consumption.

"Qualified industry organization" means the Horsemen's Council of Illinois or successor organization that represents the entire spectrum of the Illinois equine industry.

(Source: P.A. 93-135, eff. 7-10-03.)

(510 ILCS 67/10)

Sec. 10. Referendum.

(a) Within 90 days after the effective date of this Act, the University of Illinois Extension shall determine by referendum whether the affected equine owners in Illinois assent to the levy, collection, and use of an equine feed assessment in accordance with this Act. The University of Illinois Extension shall be compensated for all costs associated with conducting the referendum. The results shall be certified by an independent auditing firm located in Illinois and submitted to the Director within 30 days after certification. All qualified Illinois equine owners shall be entitled to one vote.

Voting shall be at locations throughout the State on a day and during a time period as specified by the University of Illinois Extension. Provisions shall be made for absentee voting. Publicity and notification of the referendum date, absentee voting procedures, and voting locations shall be provided in the appropriate trade publications and in the public press at least 3 weeks prior to the date of the referendum.

Upon approval by the majority of qualified Illinois equine owners and certification by an independent auditing firm located in Illinois, the Board shall be established and authorized to levy an assessment on horse feed in accordance with this Act.

(b) In 2008, and every 5 years thereafter, a referendum shall be held in accordance with subsection (a) of this Section to determine whether the assessments as provided in Section 25 of this Act shall continue. The referendum required by this subsection (b) shall take place between July 1 and October 1 of the referendum year. At least 20% of qualified equine owners must vote in the referendum for the determination to be valid. If less than 20% of qualified equine owners vote in the referendum, the assessments shall cease.

(Source: P.A. 93-135, eff. 7-10-03.)

(510 ILCS 67/25)

Sec. 25. Assessments.

(a) The Board shall set the assessment at a rate between $2 and $10 per equine per year and establish a method and means of collecting the assessment. The Board shall set the assessment at $2 per ton or 5 cents per 50-pound bag of commercial equine feed. The assessed amount shall apply to all manufacturers of commercial equine feed when the feed is sold or imported for sale in Illinois. The assessment when made shall be listed as a separate line on the bill labeled "Illinois Equine Research and Promotion Assessment". Assessments collected are due to the Board the 25th day of each quarter and shall include the total collected for the previous calendar quarter. The remitting manufacturer may retain 2% of the amount of assessment as a collection fee. If payment is not made in full to the Board by the due date as specified under this subsection, an interest penalty of 5% of any unpaid amount shall be added for each month or fraction of a month after the due date, until final payment is made. No collection fee may be retained on amounts not remitted in full by the 25th day of each quarter.

(b) The Board may establish an alternative method of assessment and means of collecting the assessment if another method and means is found to be more effective and efficient, except that the Board shall not establish an assessment on commercial equine feed. The Board shall assess any charges incurred in conjunction with action to secure compliance with this Act by any person who fails to remit any amount due the Board under this Act.

(c) Pending disbursement pursuant to a program, plan, or project, the Board shall invest funds collected through assessments, and any other funds received by the Board, only (i) in obligations of the United States or any agency thereof, (ii) in general obligations of any state or political subdivision thereof, (iii) in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or (iv) in obligations fully guaranteed as to the principal and interest by the United States.

(Source: P.A. 93-135, eff. 7-10-03.)

(510 ILCS 67/30)

Sec. 30. Refunds. The final purchaser of commercial equine feed, who has a dated receipt displaying the assessment added as a line item to the sale price, may by application in writing to the Board secure a refund in the amount added. The refund shall be payable when the application has been made to the Board within one year or 365 60 days after the assessment. Interest shall be allowed and paid at the rate of 5% per annum upon the total amount of such assessment imposed by this Act, except when any such assessment is refunded within 90 days after an application for refund has been made within the required one year or 365 60 days after assessment. Each application for a refund by a purchaser of commercial equine feed shall have attached thereto proof of assessment charged. A purchaser who obtains a refund is not eligible for any benefits provided under this Act.

(Source: P.A. 93-135, eff. 7-10-03.)