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H. 3609
STATUS INFORMATION
General Bill
Sponsors: Reps. Witherspoon and Funderburk
Document Path: l:\council\bills\gjk\20155sd07.doc
Companion/Similar bill(s): 1206, 4305
Introduced in the House on February 28, 2007
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Equine Promotion Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/28/2007 House Introduced and read first time HJ-30
2/28/2007 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-30
2/28/2007 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 SO AS TO ENACT THE "SOUTH CAROLINA EQUINE PROMOTION ACT" INCLUDING PROVISIONS TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED, TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE DERIVED FROM THESE ASSESSMENTS MUST BE USED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the horse industry in this State contributes significantly to the economic development of this State. The South Carolina Equine Promotion Act established below shall promote and improve economic development, education, and health and disaster preparedness as a result of conducting a program funded by an assessment on the sale of commercial horse feed.
SECTION 2. Title 46 of the 1976 Code is amended by adding:
Section 46-53-10. This chapter may be cited as the 'South Carolina Equine Promotion Act'.
Section 46-53-20. As used in this chapter:
(1) 'Board' means the Equine Promotion Board established pursuant to Section 46-53-30.
(2) 'Commercial horse feed' means a commercial feed, as defined in Section 46-27-20, and labeled for equine purposes.
(3) 'Commissioner' means the Commissioner of the Department of Agriculture.
(4) 'Department' means the South Carolina Department of Agriculture.
(5) 'Equine' means a horse, pony, mule, donkey, or hinny.
(6) 'Equine industry' applies to both commercial and recreational aspects of equine activities.
Section 46-53-30. (A) There is established under the auspices of the Department of Agriculture, the Equine Promotion Board. The Promotion Board shall be composed of fifteen members who have a direct association with the equine industry and who are residents of the State of South Carolina. The members of the board shall be appointed as follows:
(1) one member must be appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;
(2) one member must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee; and
(3) thirteen members must be appointed by the Commissioner of Agriculture, one of whom must be a member of the public at large; one of whom must be a member of the South Carolina Horsemen's Council; one of whom must be a member of the South Carolina Farm Bureau Equine Advisory Committee; and ten of whom must be appointed upon nomination by a statewide meeting of individuals interested in the equine industry called by the commissioner. No one equine breed, discipline, or special interest group may have more than two representatives on the board.
The equine marketing specialist within the Department of Agriculture and an equine specialist from Clemson University as selected by the commissioner shall serve as advisory members of the board.
(B) Of the initial members of the Equine Promotion Board created pursuant to this section, five members shall serve terms of four years, including the members appointed by the respective General Assembly chairmen, five members shall serve terms of three years, and five members shall serve terms of two years. After the initial terms all new members shall serve four-year terms. The Commissioner of Agriculture shall designate the initial term of all members he appoints when making the initial appointments.
(C) In making these appointments, race, gender, and other demographic factors shall be considered by the appointing authorities to ensure nondiscrimination and to ensure, to the greatest extent possible, inclusion and representation of all segments of the population of the State; however, consideration of these factors in making a selection in no way creates a cause of action or the basis for a grievance by a person appointed or by a person who fails to be appointed. Vacancies must be filled in the manner of the original appointment. All members shall serve until their successors are appointed and qualify. The board shall elect a chairman, vice chairman, secretary, and treasurer from among its members. The board shall meet at least quarterly or upon the call of the chairman. Members of the board are not entitled to compensation but shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions to be paid from funds in the Equine Promotion Fund, as established in Section 46-53-50.
Section 46-53-40. There is imposed an assessment equal to two dollars a ton on all commercial feed and custom blends labeled for equine use sold in this State. The fee must be paid by those selling custom equine blends or required to register a commercial feed pursuant to Section 46-27-210, and those individuals and entities must be issued a manufacturer's receipt for payment of the fee before supplying the feed to retailers. However, any person paying these assessments during a particular year who desires a refund thereof may file a written request for a refund with the board within thirty days after the close of the calendar year in which the assessments were paid together with a copy of the receipts for payment, and upon receipt of these materials, the board shall issue a refund of the assessments paid to that person. The assessment is due and payable to the Equine Promotion Board in quarterly installments due and payable on the fifteenth day of the month following the end of the calendar quarter, for the preceding quarter. The board shall prescribe the forms necessary for reporting and paying this assessment. For purposes of collection and enforcement, the provisions of Chapter 54 of Title 12, apply to this assessment.
Section 46-53-50. (A) The revenues of the assessment imposed pursuant to this chapter must be credited to a fund in the State Treasury separate and distinct from the general fund and all other funds, entitled the 'Equine Promotion Fund' which must be used by the board, for the sole purpose of promoting the equine industry in this State, including administrative expenses associated with this purpose. The Department of Agriculture on an annual basis is authorized to be reimbursed from the fund for its administrative costs associated with its duties under this chapter not to exceed fifteen percent of the total net assessments collected for that year.
(B) Promotion of the equine industry in this State includes, but is not limited to:
(1) development and production of an original and reoccurring equine census as determined by the Equine Promotion Board essential to the promotion and marketing of South Carolina equine interests;
(2) informational and educational materials and programs;
(3) encouraging development and growth of the equine industry, and encouraging expansion of new and existing equine-related agribusiness;
(4) encouraging research that would help the development of the equine industry;
(5) improving interaction with state and local governmental agencies and any national agencies considered necessary for the improvement of South Carolina equine;
(6) enhancing the general public's image and knowledge of South Carolina equine; and
(7) development of programs to improve disaster preparedness for health and bio-hazard evacuations in the State of South Carolina for equine.
Section 46-53-60. The State Auditor shall conduct annual audits of the Equine Promotion Fund, and the manner in which the assessments are imposed and expended to ensure that the funds are collected and utilized as required by this chapter.
Section 46-53-70. The South Carolina Equine Promotion Board periodically shall survey equine owners regarding the imposition, pursuant to this chapter, of the assessment on all commercial feed. The results of this survey must be reported to equine owners, the Governor, the General Assembly, the Commissioner of Agriculture, and other public officials having interests in South Carolina Equine."
SECTION 3. This act takes effect upon approval by the Governor.
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