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
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