Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Funderburk
Document Path: l:\council\bills\nbd\11827ab07.doc
Companion/Similar bill(s): 1206, 3609
Introduced in the House on June 21, 2007
Currently residing in the House Committee on Ways and Means
Summary: Equine Promotion Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 6/21/2007 House Introduced and read first time HJ-60 6/21/2007 House Referred to Committee on Ways and Means HJ-60 4/17/2008 House Committee report: Favorable with amendment Ways and Means HJ-19 4/18/2008 Scrivener's error corrected 4/23/2008 House Debate adjourned until Thursday, April 24, 2008 HJ-86 4/24/2008 House Recommitted to Committee on Ways and Means HJ-47
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
April 17, 2008
S. Printed 4/17/08--H. [SEC 4/18/08 4:10 PM]
Read the first time June 21, 2007.
To whom was referred a Bill (H. 4305) to amend the Code of Laws of South Carolina, 1976, by adding Chapter 10 to Title 47 so as to create the "South Carolina Equine Promotion Act"; to provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 4, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor. Unless extended or otherwise reenacted by the General Assembly, Chapter 10 of Title 47 of the 1976 Code, as added by this act, is repealed effective on the fifth anniversary of the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
DANIEL T. COOPER for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 47 SO AS TO CREATE THE "SOUTH CAROLINA EQUINE PROMOTION ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO ESTABLISH A PROMOTION BOARD AND SPECIFY ITS RESPONSIBILITIES, COMPOSITION, AND METHOD OF SELECTING BOARD MEMBERS; TO CREATE THE EQUINE PROMOTION FUND TO PROMOTE THE EQUINE INDUSTRY; TO PROVIDE MONEY FOR THE EQUINE PROMOTION FUND BY IMPOSING AN ASSESSMENT ON CERTAIN COMMERCIAL FEED AND CUSTOM BLENDS; AND TO REQUIRE PERIODIC AUDITS OF THE EQUINE PROMOTION FUND; AMONG OTHER THINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 47 of the 1976 Code is amended by adding:
Section 47-10-10. This chapter may be cited as the 'South Carolina Equine Promotion Act'.
Section 47-10-20. As used in this chapter:
(1) 'Board' means the Equine Promotion Board established pursuant to Section 47-10-30.
(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 47-10-30. (A) There is established under the auspices of the department the Equine Promotion Board. The membership of the promotion board must be composed of fifteen members who have a direct association with the equine industry and operate and reside in this State. The members of the board must be appointed as follows:
(1) the South Carolina Commissioner of Agriculture shall appoint one member;
(2) the chairman of the Senate Agriculture and Natural Resources Committee shall appoint one member;
(3) the chairman of the House Agriculture, Natural Resources, and Environmental Affairs Committee shall appoint one member;
(4) the South Carolina Horsemen's Council may appoint one member;
(5) the South Carolina Farm Bureau Equine Advisory Committee may appoint one member; and
(6) the equine industry may appoint ten members chosen at a statewide meeting of members of the industry.
No one equine breed, discipline, or special interest group shall have more than two representatives on the board.
The Equine Marketing Specialist within the South Carolina Department of Agriculture and an appointed Equine Specialist from Clemson University shall serve as advisory members.
(B) Of the initial members of the Equine Promotion Board created pursuant to this section, five members shall serve terms of four years, five members shall serve terms of three years, and five members shall serve terms of two years. These initial terms randomly must be determined by a method chosen by the board chairman. After the initial terms all new members shall serve four-year terms. The commissioner of Agriculture shall designate the initial term of a member when the member is appointed.
(C) In making these appointments, race, gender, and other demographic factors must 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.
Section 47-10-40. 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. 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 47-10-50. (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 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 government 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 47-10-60. The State Auditor shall annually conduct an audit of the Equine Promotion Fund, and the manner in which the assessments are imposed and expended to ensure that the funds are collected and used as required by this chapter.
Section 47-10-70. 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 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:37 P.M.