Senate Study Bill 3156 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for an equine industry development commission 2 and related fund. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5440DP 81 5 da/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 175B.1 DEFINITIONS. 1 2 1. "Commission" means the equine industry development 1 3 commission established pursuant to section 175B.2. 1 4 2. "Department" means the department of agriculture and 1 5 land stewardship. 1 6 3. "Fund" means the equestrian industry development fund 1 7 created pursuant to section 175B.6. 1 8 4. "Secretary" means the secretary of agriculture. 1 9 Sec. 2. NEW SECTION. 175B.2 EQUINE INDUSTRY DEVELOPMENT 1 10 COMMISSION. 1 11 1. An equine industry development commission is 1 12 established within the department. 1 13 2. The commission shall be composed of the following 1 14 members: 1 15 a. Three nonvoting, ex officio members who shall include 1 16 all of the following: 1 17 (1) The secretary of agriculture or a designee appointed 1 18 by the secretary. 1 19 (2) Two persons appointed by the president of Iowa state 1 20 university who shall include both of the following: 1 21 (a) A licensed veterinarian specializing in equine health 1 22 who is associated with the college of veterinary medicine. 1 23 (b) A state equine specialist associated with the 1 24 department of animal science and the college of agriculture. 1 25 b. Eleven voting members who shall be appointed by the 1 26 secretary. The voting members must be presently actively 1 27 engaged or have long been actively engaged in providing for 1 28 the care and management of equines, including breeds of equine 1 29 common in this state. Eight of the members shall be actively 1 30 engaged in areas of equine expertise, which shall include at 1 31 least all of the following: 1 32 (1) Racing or speed events, which may include 1 33 quarterhorse, thoroughbred, or harness racing. 1 34 (2) Ring or arena events or judging competitions, which 1 35 may include shows, exhibitions, rodeos, or other contests. 2 1 (3) Recreational activities, which may include trail 2 2 riding. 2 3 (4) Activities which involve pulling wagons, carts, 2 4 carriages, or agricultural equipment or implements. 2 5 (5) Ranching activities such as herding and roping 2 6 livestock. 2 7 (6) Breeding equine. 2 8 (7) Support services providing for routine care and 2 9 management, which may include auctioneers, stables, trainers, 2 10 tack dealers, feed dealers, or ferriers. 2 11 (8) The practice of veterinary medicine. 2 12 3. The secretary shall appoint the voting members based on 2 13 a list of nominations submitted by organizations representing 2 14 areas of equine expertise as certified by the department 2 15 according to requirements of the department. Appointments of 2 16 voting members are subject to the requirements of sections 2 17 69.16 and 69.16A. In addition, the appointments shall be 2 18 geographically balanced. Unless the secretary determines that 2 19 it is not feasible, at least one person appointed as a voting 2 20 member shall reside in each of the state's congressional 2 21 districts at the time of appointment. 2 22 4. The voting members shall serve five=year terms 2 23 beginning and ending as provided in section 69.19. However, 2 24 the secretary shall appoint initial members to serve for less 2 25 than five years to ensure members serve staggered terms. A 2 26 member is eligible for reappointment. A vacancy on the 2 27 commission shall be filled for the unexpired portion of the 2 28 regular term in the same manner as regular appointments are 2 29 made. 2 30 5. The commission shall elect a chairperson from among its 2 31 voting members each year on a rotating basis as provided by 2 32 the commission. The commission shall meet on a regular basis 2 33 and at the call of the chairperson or upon the written request 2 34 to the chairperson of five or more voting members. 2 35 6. Members are not entitled to receive compensation but 3 1 shall receive reimbursement of expenses from the department as 3 2 provided in section 7E.6. 3 3 7. Six voting members constitute a quorum and the 3 4 affirmative vote of a majority of the voting members present 3 5 is necessary for any substantive action to be taken by the 3 6 commission. The majority shall not include any member who has 3 7 a conflict of interest and a statement by a member that the 3 8 member has a conflict of interest is conclusive for this 3 9 purpose. A vacancy in the membership does not impair the 3 10 duties of the commission. 3 11 Sec. 3. NEW SECTION. 175B.3 COMMISSION'S MISSION. 3 12 The commission is the principal public organization devoted 3 13 to promoting the collective interests of the state's equine 3 14 industry. The commission's mission is to establish, improve, 3 15 and expand best management practices, preserve and enhance 3 16 equine breeds, and promote equestrian businesses and 3 17 activities in this state in order to create and capitalize 3 18 upon economic opportunities, improve the environment, and 3 19 enhance the health and quality of life for Iowans. 3 20 Sec. 4. NEW SECTION. 175B.4 COMMISSION DUTIES. 3 21 In carrying out its mission, as provided in section 175B.3, 3 22 the commission may do all of the following: 3 23 1. Monitor the equine industry in this state, including 3 24 conditions, practices, policies, programs, and regulations 3 25 affecting the equine industry, and periodically advise the 3 26 secretary regarding its findings and recommendations or 3 27 proposals. In monitoring the equine industry, the commission 3 28 may conduct surveys, sponsor meetings or public hearings, 3 29 collect data, cooperate with interested private or public 3 30 organizations, and consult with persons actively engaged in 3 31 improving or expanding the equine industry. 3 32 2. Initiate or support programs or projects which enhance 3 33 the care and management of equines. The programs or projects 3 34 may include establishing, improving, or expanding continuing 3 35 education, clinical services, and diagnostic and therapeutic 4 1 techniques. The commission may provide technical assistance 4 2 to owners, trainers, stables, veterinarians, and ferriers and 4 3 assist businesses that provide for equine services, including 4 4 auctioneers, tack dealers, and feed dealers. 4 5 3. Provide for educational and promotional events and 4 6 materials, including strategies to increase the public 4 7 awareness of equine breeds, equine events and activities, the 4 8 value of equine ownership, and traditions associated with 4 9 equines and equestrians, especially among families and young 4 10 persons. 4 11 4. Assist in the establishment, improvement, or expansion 4 12 of private and public equestrian infrastructure, including but 4 13 not limited to stables, training schools, recreational trails, 4 14 historic farms, and spectator facilities. 4 15 5. Assist state and local governments when considering 4 16 legislative or administrative measures which impact the equine 4 17 industry. 4 18 a. The commission may advise the department when it adopts 4 19 rules relating to the equine industry and may recommend model 4 20 ordinances and regulations pertaining to zoning and the care 4 21 and custody of equines. 4 22 b. The commission shall not expend moneys on a political 4 23 issue, activity, or candidate. It may comment upon 4 24 legislation but shall not directly or indirectly attempt to 4 25 influence the passage of legislation. 4 26 Sec. 5. NEW SECTION. 175B.5 DEPARTMENT DUTIES. 4 27 The department shall assist the commission in carrying out 4 28 its mission as provided in section 175B.3 by doing all of the 4 29 following: 4 30 1. Furnishing facilities, supplies, and clerical 4 31 assistance. 4 32 2. Executing contracts with or awarding moneys for 4 33 programs or projects as provided in section 175B.4. 4 34 3. Administering the equestrian industry development fund 4 35 as provided in section 175B.6. 5 1 Sec. 6. NEW SECTION. 175B.6 EQUESTRIAN INDUSTRY 5 2 DEVELOPMENT FUND. 5 3 1. An equestrian industry development fund is created in 5 4 the state treasury under the control of the department. The 5 5 fund is composed of moneys appropriated by the general 5 6 assembly and moneys available to and obtained or accepted by 5 7 the department from the United States or private sources for 5 8 placement in the fund. 5 9 2. Moneys in the fund are appropriated to the department 5 10 exclusively to assist the commission in carrying out its 5 11 duties as provided in section 175B.4. 5 12 3. Section 8.33 shall not apply to moneys in the fund. 5 13 Notwithstanding section 12C.7, moneys earned as income or 5 14 interest from the fund shall remain in the fund until expended 5 15 as provided in this section. 5 16 EXPLANATION 5 17 This bill establishes an equine industry development 5 18 commission which is housed in the department of agriculture 5 19 and land stewardship. The commission is composed of the 5 20 secretary of agriculture (secretary) and two persons 5 21 representing Iowa state university who serve as nonvoting, ex 5 22 officio members. The commission includes 11 voting members 5 23 appointed by the secretary who are actively engaged or have 5 24 long been actively engaged in providing for the care and 5 25 management of equines. The bill requires that a number of the 5 26 appointees have expertise in diverse areas of equine 5 27 endeavors, including racing, ring or arena events, 5 28 recreational activities, power=related activities such as 5 29 pulling wagons or plows, ranching, breeding, providing support 5 30 services, and providing veterinary care. The bill provides a 5 31 number of procedures for the appointment of members, voting, 5 32 conduct of meetings, and reimbursement of members, which are 5 33 consistent with other statutes establishing citizen appointed 5 34 bodies. 5 35 The bill states that the commission's mission is to 6 1 establish, improve, and expand best management practices, 6 2 preserve and enhance equine breeds, promote equestrian 6 3 businesses and activities in this state in order to create and 6 4 capitalize upon economic opportunities, improve the quality of 6 5 the environment, and enhance the health and quality of life 6 6 for Iowans. 6 7 The bill authorizes the commission to perform a number of 6 8 duties required to accomplish its mission, including 6 9 monitoring the equine industry in this state, initiating or 6 10 supporting programs and projects which enhance the care and 6 11 management of equines, providing for educational and 6 12 promotional events and materials, supporting private and 6 13 public equestrian infrastructure, and assisting governments 6 14 when considering legislative or administrative measures. The 6 15 department is required to assist the commission in carrying 6 16 out its mission, including providing for facilities and 6 17 clerical support. 6 18 The bill establishes an equestrian industry development 6 19 fund under the control of the department. Moneys in the fund 6 20 are appropriated to the department exclusively to assist the 6 21 commission in carrying out its duties. 6 22 LSB 5440DP 81 6 23 da:nh/je/5.1