Public Act 93-0135
HB1121 Enrolled LRB093 06818 JAM 06963 b
AN ACT authorizing a horse feed checkoff.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Equine Research and Promotion Act.
Section 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.
"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.
Section 10. Referendum. 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.
Section 15. Qualified Illinois equine owner. A resident
of Illinois shall be considered a qualified Illinois equine
owner if he or she executes an affidavit verifying Illinois
residency and one of the following requirements:
(1) Current registration for the equine.
(2) Receipt of a valid coggins test within the last
12 months.
(3) Receipt for the current lease of an equine.
(4) A lease purchase agreement, contract, or other
legal document showing current ownership or lease
interest in an equine.
(5) Feed, supplies, care, or service receipts for
an equine within the past 12 months.
Section 20. Illinois Equine Industry Research and
Promotion Board.
(a) Upon certification of the assent by the majority of
qualified Illinois equine owners voting on the referendum,
the qualified industry organization shall select the 12
members of the Illinois Equine Industry Research and
Promotion Board.
In selecting members, the qualified industry organization
shall give due regard to selecting a Board that is
representative of the diverse geographical regions of the
State and the equine industry, to include representation of:
(1) The harness racing industry.
(2) The thoroughbred racing industry.
(3) The Illinois pleasure, show, and working horse
industries.
The qualified industry organization shall select one
member of the Board from the Illinois feed and grain
industry. Each selected member of the Board with the
exception of the member representing the feed and grain
industry shall be a qualified Illinois equine owner, a person
fully employed in the Illinois equine industry, or a person
servicing the Illinois equine industry.
(b) Except for initial appointees, Board members shall
serve terms of 3 years. Members may not serve more than 2
consecutive terms. Members filling unexpired terms may not
serve more than a total of 7 consecutive years. Former
members of the Board may return to the Board if they have not
been a member for 2 years. Initial appointments to the Board
shall be for terms of one, 2, and 3 years staggered to
provide for the selection of 4 members each year.
(c) The Board shall select from its members a
chairperson and other officers as necessary. The Board may
establish committees and subcommittees of the Board and shall
adopt rules and bylaws for the conduct of business and
implementation of this Act. The Board shall establish
procedures for the solicitation of equine industry comment
and recommendation on any significant plans, programs, or
projects to be funded by the Board. The Board may establish
advisory committees of persons other than Board members.
(d) Issues related to research, education, and industry
enhancements and promotion shall be given priority by the
Board in developing programs and projects.
(e) At the beginning of each fiscal year, the Board
shall prepare a budget for the next fiscal year including the
costs of all projects, contracts, and programs. The Board
shall submit the budget to the Director for review and
comment. The Director may recommend appropriate programs and
activities.
(f) The Board shall keep minutes, books, and records
that clearly reflect all acts and transactions of the Board
and shall make public that information. The books of the
Board shall be audited by a certified public accountant at
least once during each fiscal year and other times the Board
may designate. The expense of the audit shall be the
responsibility of the Board. Copies of the audit shall be
provided to the Director and all members of the Board and to
other members of the equine industry upon request.
Section 25. Assessments.
(a) 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 means of
collecting the assessment if another means is found to be
more effective and efficient. 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.
Section 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 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 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.
Section 35. Compliance. The circuit courts of this State
have jurisdiction specifically to enforce this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.