510 ILCS 67/ Illinois Equine Research and Promotion Act.

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510 ILCS 67/1

(510 ILCS 67/1)

Sec. 1.

Short title.

This Act may be cited as the Illinois Equine Research and Promotion Act.

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

510 ILCS 67/5

(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.

"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

(510 ILCS 67/10)

Sec. 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.

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

510 ILCS 67/15

(510 ILCS 67/15)

Sec. 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.

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

510 ILCS 67/20

(510 ILCS 67/20)

Sec. 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.

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

510 ILCS 67/25

(510 ILCS 67/25)

Sec. 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.

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

510 ILCS 67/30

(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 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.

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

510 ILCS 67/35

(510 ILCS 67/35)

Sec. 35.

Compliance.

The circuit courts of this State have jurisdiction
specifically to enforce this Act.

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

510 ILCS 67/99

(510 ILCS 67/99)

Sec. 99.

Effective date.

This Act takes effect upon becoming law.

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