Full Text of HB3798 94th General Assembly
HB3798eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Equine Research and Promotion Act | 5 |
| is amended by changing Sections 5, 10, 25, and 30 as follows:
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| (510 ILCS 67/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Board" means the Illinois Equine Industry Research | 9 |
| and Promotion Board
appointed in accordance with this Act.
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| "Commercial equine feed" means manufactured feed, | 11 |
| supplement, or premix
intended or labeled for equine use. | 12 |
| Multi-species feed and feed sold in units smaller than 50 | 13 |
| pounds shall be exempt from this definition.
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| "Director" means the Director of Agriculture.
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| "Manufactured feed" means grains, seeds, or forage | 16 |
| that are ground, mixed,
supplemented, or otherwise altered | 17 |
| for the purpose of consumption.
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| "Qualified industry organization" means the Horsemen's | 19 |
| Council of Illinois
or successor organization that | 20 |
| represents the entire spectrum of the Illinois
equine | 21 |
| industry.
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| (Source: P.A. 93-135, eff. 7-10-03.)
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| (510 ILCS 67/10)
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| Sec. 10. Referendum. | 25 |
| (a) Within 90 days after the effective date of this Act,
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| the University of Illinois Extension shall determine by | 27 |
| referendum whether the
affected equine owners in Illinois | 28 |
| assent to the levy, collection, and use of
an equine feed | 29 |
| assessment in accordance with this Act. The University of
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| Illinois Extension shall be compensated for all costs | 31 |
| associated with
conducting the referendum. The results shall be |
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| certified by an independent
auditing firm located in Illinois | 2 |
| and submitted to the Director within 30 days
after | 3 |
| certification. All qualified Illinois equine owners shall be | 4 |
| entitled to
one vote.
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| Voting shall be at locations throughout the State on a day | 6 |
| and during a time
period as specified by the University of | 7 |
| Illinois Extension. Provisions shall
be made for absentee | 8 |
| voting. Publicity and notification of the
referendum date, | 9 |
| absentee voting procedures, and voting locations shall be
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| provided in the appropriate trade publications and in the | 11 |
| public press at least
3 weeks prior to the date of the | 12 |
| referendum.
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| Upon approval by the majority of qualified Illinois equine | 14 |
| owners and
certification by an independent auditing firm | 15 |
| located in Illinois, the Board
shall be established and | 16 |
| authorized to levy an assessment on horse feed in
accordance | 17 |
| with this Act. | 18 |
| (b) In 2008, and every 5 years thereafter, a referendum | 19 |
| shall be held in accordance with subsection (a) of this Section | 20 |
| to determine whether the assessments as provided in Section 25 | 21 |
| of this Act shall continue. The referendum required by this | 22 |
| subsection (b) shall take place between July 1 and October 1 of | 23 |
| the referendum year. At least 20% of qualified equine owners | 24 |
| must vote in the referendum for the determination to be valid. | 25 |
| If less than 20% of qualified equine owners vote in the | 26 |
| referendum, the assessments shall cease.
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| (Source: P.A. 93-135, eff. 7-10-03.)
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| (510 ILCS 67/25)
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| Sec. 25. Assessments.
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| (a) The Board shall set the assessment at a rate between $2 | 31 |
| and $10 per equine per year and establish a method and means of | 32 |
| collecting the assessment.
The Board shall set the assessment | 33 |
| at $2 per ton or 5 cents per 50-pound
bag of commercial equine | 34 |
| feed. The assessed amount shall apply to all
manufacturers of | 35 |
| commercial equine feed when the feed is sold or imported for
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| sale in Illinois. The assessment when made shall be listed as a | 2 |
| separate line
on the bill labeled "Illinois Equine Research and | 3 |
| Promotion Assessment".
Assessments collected are due to the | 4 |
| Board the 25th day of each quarter and
shall include the total | 5 |
| collected for the previous calendar quarter. The
remitting | 6 |
| manufacturer may retain 2% of the amount of
assessment
as a | 7 |
| collection fee. If payment is not made in full to the Board by | 8 |
| the due
date as specified under this subsection, an interest | 9 |
| penalty of 5% of any
unpaid amount shall be added for each | 10 |
| month or fraction of a month after the
due date, until final | 11 |
| payment is made. No collection fee may be retained on
amounts | 12 |
| not remitted in full by the 25th day of each quarter.
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| (b) The Board may establish an alternative method of | 14 |
| assessment and means of collecting the
assessment if another | 15 |
| method and means is found to be more effective and efficient , | 16 |
| except that the Board shall not establish an assessment on | 17 |
| commercial equine feed . The
Board shall assess any charges | 18 |
| incurred in conjunction with action to secure
compliance with | 19 |
| this Act by any person who fails to remit any amount due the
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| Board under this Act.
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| (c) Pending disbursement pursuant to a program, plan, or | 22 |
| project, the Board
shall invest funds collected through | 23 |
| assessments, and any other funds received
by the Board, only | 24 |
| (i) in obligations of the United States or any agency
thereof, | 25 |
| (ii) in general obligations of any state or political | 26 |
| subdivision
thereof, (iii) in any interest-bearing account or | 27 |
| certificate of deposit of a
bank that is a member of the | 28 |
| Federal Reserve System, or (iv) in obligations
fully guaranteed | 29 |
| as to the principal and interest by the United States.
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| (Source: P.A. 93-135, eff. 7-10-03.)
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| (510 ILCS 67/30)
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| Sec. 30. Refunds. The final purchaser of commercial equine | 33 |
| feed, who has a
dated receipt displaying the assessment added | 34 |
| as a line item to the sale price,
may by application in writing | 35 |
| to the Board secure a refund in the amount added.
The refund |
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| shall be payable when the application has been made to the | 2 |
| Board
within one year or 365
60 days after the assessment. | 3 |
| Interest shall be allowed and paid at the
rate of 5% per annum | 4 |
| upon the total amount of such assessment imposed by this
Act, | 5 |
| except when any such assessment is refunded within 90 days | 6 |
| after an
application for refund has been made within the | 7 |
| required one year or 365
60 days after
assessment. Each | 8 |
| application for a refund by a purchaser of commercial equine
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| feed shall have attached thereto proof of assessment charged. A | 10 |
| purchaser who
obtains a refund is not eligible for any benefits | 11 |
| provided under this Act.
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| (Source: P.A. 93-135, eff. 7-10-03.)
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