House Study Bill 254 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON MERTZ)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for an equine industry promotional commission
  2    and related fund, and providing an appropriation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2426HC 82
  5 da/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  175B.1  DEFINITIONS.
  1  2    1.  "Commission" means the equine industry promotional
  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 equine industry promotional 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 PROMOTIONAL
  1 10 COMMISSION.
  1 11    1.  An equine industry promotional 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 the secretary's
  1 18 designee.
  1 19    (2)  The dean of the college of agriculture at Iowa state
  1 20 university or the dean's designee.
  1 21    (3)  A licensed veterinarian associated with the veterinary
  1 22 teaching hospital at the college of veterinary medicine at
  1 23 Iowa state university who is appointed by the dean of the
  1 24 college.
  1 25    b.  Eleven voting members who shall be appointed by the
  1 26 governor.  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 as a member in
  2 12 good standing of the American association of equine
  2 13 practitioners.
  2 14    3.  The governor shall appoint the voting members based on
  2 15 a list of nominations submitted by organizations or
  2 16 individuals representing areas of equine expertise.
  2 17 Appointments of voting members are subject to the requirements
  2 18 of sections 69.16 and 69.16A.  In addition, the appointments
  2 19 shall be geographically balanced.  Unless the governor
  2 20 determines that it is not feasible, at least one person
  2 21 appointed as a voting member shall reside in each of the
  2 22 state's congressional districts at the time of appointment.
  2 23    4.  Except for initial appointees, the voting members shall
  2 24 serve three=year terms.  However, the governor shall appoint
  2 25 initial members to serve for two=year or three=year terms to
  2 26 ensure the appointment of at least one member each year.  A
  2 27 member is eligible for reappointment but shall not serve for
  2 28 more than two consecutive terms.  A vacancy on the commission
  2 29 shall be filled for the unexpired portion of the regular term
  2 30 in the same manner as regular appointments are made.  A member
  2 31 filling an unexpired term shall not serve for more than seven
  2 32 consecutive years.  A former member may be appointed to the
  2 33 commission if the former member has not served on the
  2 34 commission for two years.
  2 35    5.  The commission shall elect a chairperson and other
  3  1 officers from among its voting members as provided by the
  3  2 commission.  The commission shall meet on a regular basis and
  3  3 at the call of the chairperson or upon the written request to
  3  4 the chairperson of five or more voting members.  The
  3  5 commission shall adopt rules for the conduct of its business
  3  6 and may provide for the establishment of committees.
  3  7    6.  Members are not entitled to receive compensation but
  3  8 shall receive reimbursement of expenses from the department as
  3  9 provided in section 7E.6.
  3 10    7.  Six voting members constitute a quorum and the
  3 11 affirmative vote of a majority of the voting members present
  3 12 is necessary for any substantive action to be taken by the
  3 13 commission.  The majority shall not include any member who has
  3 14 a conflict of interest and a statement by a member that the
  3 15 member has a conflict of interest is conclusive for this
  3 16 purpose.  A vacancy in the membership does not impair the
  3 17 duties of the commission.
  3 18    Sec. 3.  NEW SECTION.  175B.3  COMMISSION'S MISSION.
  3 19    The commission is the principal public organization devoted
  3 20 to promoting the collective interests of the state's equine
  3 21 industry.
  3 22    Sec. 4.  NEW SECTION.  175B.4  COMMISSION DUTIES.
  3 23    In carrying out its mission, as provided in section 175B.3,
  3 24 the commission may do all of the following:
  3 25    1.  Market and promote the equine industry.
  3 26    2.  Maintain an accurate and current database regarding the
  3 27 equine industry and equine communities.
  3 28    3.  Collect and disseminate accurate information regarding
  3 29 equines to the equine industry and equine communities.
  3 30    4.  Initiate or support equine educational programs.
  3 31    5.  Initiate or support equine research.
  3 32    Sec. 5.  NEW SECTION.  175B.5  DEPARTMENT DUTIES.
  3 33    The department shall assist the commission in carrying out
  3 34 its mission as provided in section 175B.3 by doing all of the
  3 35 following:
  4  1    1.  Furnishing facilities, supplies, and clerical
  4  2 assistance.
  4  3    2.  Assisting the commission in carrying out its duties as
  4  4 provided in section 175B.4.
  4  5    3.  Administering the equine industry promotional fund as
  4  6 provided in section 175B.6.
  4  7    Sec. 6.  NEW SECTION.  175B.6  EQUINE INDUSTRY PROMOTIONAL
  4  8 FUND.
  4  9    1.  An equine industry promotional fund is created in the
  4 10 state treasury under the administration of the department and
  4 11 the control of the commission.  The fund is composed of moneys
  4 12 appropriated by the general assembly and moneys available to
  4 13 and obtained or accepted by the department from the United
  4 14 States or private sources for placement in the fund.
  4 15    2.  Moneys in the fund are appropriated to the commission
  4 16 exclusively to assist the commission in carrying out its
  4 17 duties as provided in section 175B.4, and the department in
  4 18 carrying out its duties as provided in section 175B.5.
  4 19    3.  Section 8.33 shall not apply to moneys in the fund.
  4 20 Notwithstanding section 12C.7, moneys earned as income or
  4 21 interest from the fund shall remain in the fund until expended
  4 22 as provided in this section.
  4 23    Sec. 7.  APPROPRIATION == EQUINE INDUSTRY PROMOTIONAL FUND.
  4 24 There is appropriated from the general fund of the state to
  4 25 the department of agriculture and land stewardship for the
  4 26 fiscal year beginning July 1, 2007, and ending June 30, 2008,
  4 27 the following amount, or so much thereof as is necessary, to
  4 28 be used for the purposes designated:
  4 29    For deposit in the equine industry promotional fund as
  4 30 provided in section 175B.6, and for salaries, support,
  4 31 maintenance, miscellaneous purposes, and for not more than the
  4 32 following full=time equivalent positions:
  4 33 .................................................. $     50,000
  4 34 ............................................... FTEs       1.00
  4 35                           EXPLANATION
  5  1    This bill establishes an equine industry promotional
  5  2 commission which is housed in the department of agriculture
  5  3 and land stewardship.  The commission is composed of both
  5  4 nonvoting, ex officio members and voting members.  The
  5  5 nonvoting, ex officio members include the secretary of
  5  6 agriculture or the secretary's designee, the dean of the
  5  7 college of agriculture at Iowa state university or the dean's
  5  8 designee, and a licensed veterinarian appointed by the dean of
  5  9 the college of veterinary medicine at Iowa state university.
  5 10 The commission includes 11 voting members appointed by the
  5 11 governor who are actively engaged or have long been actively
  5 12 engaged in providing for the care and management of equines.
  5 13 The bill requires that a number of the appointees have
  5 14 expertise in diverse areas of equine endeavors, including
  5 15 racing, ring, or arena events, recreational activities,
  5 16 power=related activities such as pulling wagons or plows,
  5 17 ranching, breeding, providing support services, and providing
  5 18 veterinary care.  The bill provides a number of procedures for
  5 19 the appointment of members, voting, conduct of meetings, and
  5 20 reimbursement of members, which are consistent with other
  5 21 statutes establishing citizen=appointed bodies.
  5 22    The bill states that the commission's mission is to promote
  5 23 the collective interests of the state's equine industry.
  5 24    The bill authorizes the commission to perform a number of
  5 25 duties required to accomplish its mission, including marketing
  5 26 and promoting the equine industry, maintaining an accurate and
  5 27 current database regarding the equine industry, collecting and
  5 28 disseminating accurate information regarding equines, and
  5 29 initiating and supporting educational or research programs.
  5 30    The bill establishes an equine industry promotional fund
  5 31 under the control of the commission.  Moneys in the fund are
  5 32 appropriated to the commission exclusively to assist the
  5 33 commission in carrying out its duties.
  5 34    The bill appropriates moneys from the general fund for
  5 35 deposit into the equine industry promotional fund to carry out
  6  1 the provisions of the bill.
  6  2 LSB 2426HC 82
  6  3 da:nh/je/5