093_HB1121

 
                                     LRB093 06818 JAM 06963 b

 1        AN ACT authorizing a horse feed checkoff.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Illinois Equine Research and Promotion Act.

 6        Section 5.  Definitions. As used in this Act:
 7             "Board" means the Illinois Equine Industry  Research
 8    and Promotion Board appointed in accordance with this Act.
 9             "Commercial  equine  feed"  means manufactured feed,
10    supplement, or premix intended or labeled for equine use.
11             "Director" means the Director of Agriculture.
12             "Manufactured feed" means grains, seeds,  or  forage
13    that  are  ground,  mixed, supplemented, or otherwise altered
14    for the purpose of consumption.
15             "Qualified   industry   organization"   means    the
16    Horsemen's Council of Illinois or successor organization that
17    represents   the  entire  spectrum  of  the  Illinois  equine
18    industry.

19        Section  10.  Referendum.  Within  90  days   after   the
20    effective  date  of  this  Act,  the  University  of Illinois
21    Extension shall determine by referendum whether the  affected
22    equine owners in Illinois assent to the levy, collection, and
23    use of an equine feed assessment in accordance with this Act.
24    The University of Illinois Extension shall be compensated for
25    all  costs  associated  with  conducting  the referendum. The
26    results shall be certified by an  independent  auditing  firm
27    located  in  Illinois and submitted to the Director within 30
28    days  after  certification.  All  qualified  Illinois  equine
29    owners shall be entitled to one vote.
30        Voting shall be at locations throughout the  State  on  a
 
                            -2-      LRB093 06818 JAM 06963 b
 1    day  and  during a time period as specified by the University
 2    of Illinois Extension. Provisions shall be made for  absentee
 3    voting.  Publicity  and  notification of the referendum date,
 4    absentee voting procedures, and  voting  locations  shall  be
 5    provided  in  the  appropriate  trade publications and in the
 6    public press at least 3  weeks  prior  to  the  date  of  the
 7    referendum.
 8        Upon  approval  by  the  majority  of  qualified Illinois
 9    equine owners and certification by  an  independent  auditing
10    firm  located in Illinois, the Board shall be established and
11    authorized to levy an assessment on horse feed in  accordance
12    with this Act.

13        Section  15.  Qualified Illinois equine owner. A resident
14    of Illinois shall be considered a qualified  Illinois  equine
15    owner  if  he or she executes an affidavit verifying Illinois
16    residency and one of the following requirements:
17             (1)  Current registration for the equine.
18             (2)  Receipt of a valid coggins test within the last
19        12 months.
20             (3)  Receipt for the current lease of an equine.
21             (4)  A lease purchase agreement, contract, or  other
22        legal   document   showing  current  ownership  or  lease
23        interest in an equine.
24             (5)  Feed, supplies, care, or service  receipts  for
25        an equine within the past 12 months.

26        Section   20.  Illinois   Equine  Industry  Research  and
27    Promotion Board.
28        (a)  Upon certification of the assent by the majority  of
29    qualified  Illinois  equine  owners voting on the referendum,
30    the qualified  industry  organization  shall  select  the  12
31    members   of   the  Illinois  Equine  Industry  Research  and
32    Promotion Board.
 
                            -3-      LRB093 06818 JAM 06963 b
 1        In selecting members, the qualified industry organization
 2    shall  give  due  regard  to  selecting  a  Board   that   is
 3    representative  of  the  diverse  geographical regions of the
 4    State and the equine industry, to include representation of:
 5             (1)  The harness racing industry.
 6             (2)  The thoroughbred racing industry.
 7             (3)  The Illinois pleasure, show, and working  horse
 8        industries.
 9        The  qualified  industry  organization  shall  select one
10    member  of  the  Board  from  the  Illinois  feed  and  grain
11    industry.  Each  selected  member  of  the  Board  with   the
12    exception  of  the  member  representing  the  feed and grain
13    industry shall be a qualified Illinois equine owner, a person
14    fully employed in the Illinois equine industry, or  a  person
15    servicing the Illinois equine industry.
16        (b)  Except  for  initial appointees, Board members shall
17    serve terms of 3 years. Members may not  serve  more  than  2
18    consecutive  terms.  Members  filling unexpired terms may not
19    serve more than  a  total  of  7  consecutive  years.  Former
20    members of the Board may return to the Board if they have not
21    been  a member for 2 years. Initial appointments to the Board
22    shall be for terms of  one,  2,  and  3  years  staggered  to
23    provide for the selection of 4 members each year.
24        (c)  The   Board   shall   select   from  its  members  a
25    chairperson and other officers as necessary.  The  Board  may
26    establish committees and subcommittees of the Board and shall
27    adopt  rules  and  bylaws  for  the  conduct  of business and
28    implementation  of  this  Act.  The  Board  shall   establish
29    procedures  for  the  solicitation of equine industry comment
30    and recommendation on any  significant  plans,  programs,  or
31    projects  to  be funded by the Board. The Board may establish
32    advisory committees of persons other than Board members.
33        (d)  Issues related to research, education, and  industry
34    enhancements  and  promotion  shall  be given priority by the
 
                            -4-      LRB093 06818 JAM 06963 b
 1    Board in developing programs and projects.
 2        (e)  At the beginning of  each  fiscal  year,  the  Board
 3    shall prepare a budget for the next fiscal year including the
 4    costs  of  all  projects,  contracts, and programs. The Board
 5    shall submit the  budget  to  the  Director  for  review  and
 6    comment.  The Director may recommend appropriate programs and
 7    activities.
 8        (f)  The Board shall keep  minutes,  books,  and  records
 9    that  clearly  reflect all acts and transactions of the Board
10    and shall make public that  information.  The  books  of  the
11    Board  shall  be  audited by a certified public accountant at
12    least once during each fiscal year and other times the  Board
13    may  designate.  The  expense  of  the  audit  shall  be  the
14    responsibility  of  the  Board.  Copies of the audit shall be
15    provided to the Director and all members of the Board and  to
16    other members of the equine industry upon request.

17        Section 25.  Assessments.
18        (a)  The  Board shall set the assessment at $2 per ton or
19    5 cents per 50-pound  bag  of  commercial  equine  feed.  The
20    assessed   amount   shall   apply  to  all  manufacturers  of
21    commercial equine feed when the feed is sold or imported  for
22    sale in Illinois. The assessment when made shall be listed as
23    a separate line on the bill labeled "Illinois Equine Research
24    and  Promotion  Assessment". Assessments collected are due to
25    the Board the 25th day of each quarter and shall include  the
26    total  collected  for  the  previous  calendar  quarter.  The
27    remitting  manufacturer  may  retain  2%  of  the  amount  of
28    assessment  as  a  collection  fee. If payment is not made in
29    full to the Board by the due date  as  specified  under  this
30    subsection,  an  interest  penalty of 5% of any unpaid amount
31    shall be added for each month or fraction of  a  month  after
32    the  due date, until final payment is made. No collection fee
33    may be retained on amounts not remitted in full by  the  25th
 
                            -5-      LRB093 06818 JAM 06963 b
 1    day of each quarter.
 2        (b)  The  Board  may  establish  an  alternative means of
 3    collecting the assessment if another means  is  found  to  be
 4    more  effective  and  efficient.  The  Board shall assess any
 5    charges  incurred  in  conjunction  with  action  to   secure
 6    compliance with this Act by any person who fails to remit any
 7    amount due the Board under this Act.
 8        (c)  Pending disbursement pursuant to a program, plan, or
 9    project,  the  Board  shall  invest  funds  collected through
10    assessments, and any other funds received by the Board,  only
11    (i)  in  obligations  of  the  United  States  or  any agency
12    thereof,  (ii)  in  general  obligations  of  any  state   or
13    political  subdivision thereof, (iii) in any interest-bearing
14    account or certificate of deposit of a bank that is a  member
15    of  the  Federal Reserve System, or (iv) in obligations fully
16    guaranteed as to the principal and  interest  by  the  United
17    States.

18        Section  30.  Refunds.  The final purchaser of commercial
19    equine  feed,  who  has  a  dated  receipt   displaying   the
20    assessment  added  as  a  line item to the sale price, may by
21    application in writing to the Board secure a  refund  in  the
22    amount   added.   The   refund  shall  be  payable  when  the
23    application has been made to the Board within 60  days  after
24    the  assessment.  Interest  shall  be allowed and paid at the
25    rate of 5% per annum upon the total amount of such assessment
26    imposed by this Act,  except  when  any  such  assessment  is
27    refunded  within  90 days after an application for refund has
28    been made within the required 60 days after assessment.  Each
29    application  for a refund by a purchaser of commercial equine
30    feed shall have attached thereto proof of assessment charged.
31    A purchaser who obtains a refund  is  not  eligible  for  any
32    benefits provided under this Act.
 
                            -6-      LRB093 06818 JAM 06963 b
 1        Section 35.  Compliance. The circuit courts of this State
 2    have jurisdiction specifically to enforce this Act.

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.