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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3798
Introduced 2/25/2005, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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510 ILCS 67/5 |
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510 ILCS 67/10 |
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510 ILCS 67/25 |
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510 ILCS 67/30 |
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Amends the Illinois Equine Research and Promotion Act. Exempts multi-species feed and feed sold in units smaller than 50 pounds from the definition of "commercial equine feed". Requires a referendum by qualified equine owners in 2008 and every 5 years thereafter to determine whether assessments will continue. Requires the Illinois Equine Industry Research and Promotion Board to set an assessment rate between $2 and $10 per equine per year (rather than $2 per ton or 5 cents per 50 pound bag of commercial equine feed). Allows the Board to establish an alternative method of assessment and means of collecting except that the Board may not establish an assessment on commercial equine feed. Provides that a refund of an assessment shall be payable within one year or 365 days (rather than 60 days) after the assessment.
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A BILL FOR
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HB3798 |
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LRB094 11577 LJB 42592 b |
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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 |
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| 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 |
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| and Promotion Board
appointed in accordance with this Act.
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| "Commercial equine feed" means manufactured feed, |
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| supplement, or premix
intended or labeled for equine use. |
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| Multi-species feed and feed sold in units smaller than 50 |
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| 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 |
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| that are ground, mixed,
supplemented, or otherwise altered |
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| for the purpose of consumption.
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| "Qualified industry organization" means the Horsemen's |
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| Council of Illinois
or successor organization that |
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| represents the entire spectrum of the Illinois
equine |
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| 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. |
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| (a) Within 90 days after the effective date of this Act,
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| the University of Illinois Extension shall determine by |
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| referendum whether the
affected equine owners in Illinois |
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| assent to the levy, collection, and use of
an equine feed |
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| assessment in accordance with this Act. The University of
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| Illinois Extension shall be compensated for all costs |
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| associated with
conducting the referendum. The results shall be |
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HB3798 |
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LRB094 11577 LJB 42592 b |
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| certified by an independent
auditing firm located in Illinois |
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| and submitted to the Director within 30 days
after |
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| certification. All qualified Illinois equine owners shall be |
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| entitled to
one vote.
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| Voting shall be at locations throughout the State on a day |
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| and during a time
period as specified by the University of |
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| Illinois Extension. Provisions shall
be made for absentee |
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| voting. Publicity and notification of the
referendum date, |
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| absentee voting procedures, and voting locations shall be
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| provided in the appropriate trade publications and in the |
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| public press at least
3 weeks prior to the date of the |
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| referendum.
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| Upon approval by the majority of qualified Illinois equine |
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| owners and
certification by an independent auditing firm |
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| located in Illinois, the Board
shall be established and |
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| authorized to levy an assessment on horse feed in
accordance |
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| with this Act. |
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| (b) In 2008, and every 5 years thereafter, a referendum |
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| shall be held in accordance with subsection (a) of this Section |
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| to determine whether the assessments as provided in Section 25 |
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| of this Act shall continue. The referendum required by this |
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| subsection (b) shall take place between July 1 and October 1 of |
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| the referendum year. At least 20% of qualified equine owners |
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| must vote in the referendum for the determination to be valid. |
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| If less than 20% of qualified equine owners vote in the |
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| 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 |
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| and $10 per equine per year and establish a method and means of |
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| collecting the assessment.
The Board shall set the assessment |
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| at $2 per ton or 5 cents per 50-pound
bag of commercial equine |
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| feed. The assessed amount shall apply to all
manufacturers of |
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| commercial equine feed when the feed is sold or imported for
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HB3798 |
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LRB094 11577 LJB 42592 b |
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| sale in Illinois. The assessment when made shall be listed as a |
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| separate line
on the bill labeled "Illinois Equine Research and |
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| Promotion Assessment".
Assessments collected are due to the |
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| Board the 25th day of each quarter and
shall include the total |
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| collected for the previous calendar quarter. The
remitting |
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| manufacturer may retain 2% of the amount of
assessment
as a |
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| collection fee. If payment is not made in full to the Board by |
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| the due
date as specified under this subsection, an interest |
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| penalty of 5% of any
unpaid amount shall be added for each |
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| month or fraction of a month after the
due date, until final |
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| payment is made. No collection fee may be retained on
amounts |
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| not remitted in full by the 25th day of each quarter.
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| (b) The Board may establish an alternative method of |
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| assessment and means of collecting the
assessment if another |
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| method and means is found to be more effective and efficient , |
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| except that the Board shall not establish an assessment on |
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| commercial equine feed . The
Board shall assess any charges |
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| incurred in conjunction with action to secure
compliance with |
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| 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 |
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| project, the Board
shall invest funds collected through |
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| assessments, and any other funds received
by the Board, only |
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| (i) in obligations of the United States or any agency
thereof, |
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| (ii) in general obligations of any state or political |
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| subdivision
thereof, (iii) in any interest-bearing account or |
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| certificate of deposit of a
bank that is a member of the |
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| Federal Reserve System, or (iv) in obligations
fully guaranteed |
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| 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 |
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| feed, who has a
dated receipt displaying the assessment added |
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| as a line item to the sale price,
may by application in writing |
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| to the Board secure a refund in the amount added.
The refund |
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LRB094 11577 LJB 42592 b |
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| shall be payable when the application has been made to the |
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| Board
within one year or 365
60 days after the assessment. |
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| Interest shall be allowed and paid at the
rate of 5% per annum |
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| upon the total amount of such assessment imposed by this
Act, |
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| except when any such assessment is refunded within 90 days |
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| after an
application for refund has been made within the |
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| required one year or 365
60 days after
assessment. Each |
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| application for a refund by a purchaser of commercial equine
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| feed shall have attached thereto proof of assessment charged. A |
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| purchaser who
obtains a refund is not eligible for any benefits |
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| provided under this Act.
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| (Source: P.A. 93-135, eff. 7-10-03.)
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