House File 2717 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HSB 711)


    Passed House, Date               Passed Senate,  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, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 HF 2717
  5 da/es/25

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 bureau chief of the horse and dog bureau of the
  1 18 department of agriculture and land stewardship, or the bureau
  1 19 chief's designee.
  1 20    (2)  The head of the department of animal science of the
  1 21 college of agriculture at Iowa state university or that
  1 22 person's designee.
  1 23    (3)  A member of the prairie meadows racetrack and casino
  1 24 board of directors who is appointed by the board.
  1 25    b.  Eleven voting members who shall be appointed by the
  1 26 governor and confirmed by the senate pursuant to section 2.32.
  1 27 The voting members must be presently actively engaged or have
  1 28 long been actively engaged in providing for the care and
  1 29 management of equines, including breeds of equine common in
  1 30 this state.  Eight of the members shall be actively engaged in
  1 31 areas of equine expertise, which shall include at least all of
  1 32 the following:
  1 33    (1)  Racing or speed events, which may include
  1 34 quarterhorse, thoroughbred, or harness racing.
  1 35    (2)  Ring or arena events or judging competitions, which
  2  1 may include shows, exhibitions, rodeos, or other contests.
  2  2    (3)  Recreational activities, which may include trail
  2  3 riding.
  2  4    (4)  Activities which involve pulling wagons, carts,
  2  5 carriages, or agricultural equipment or implements.
  2  6    (5)  Ranching activities such as herding and roping
  2  7 livestock.
  2  8    (6)  Breeding equine.
  2  9    (7)  Support services providing for routine care and
  2 10 management, which may include auctioneers, stables, trainers,
  2 11 tack dealers, feed dealers, or farriers.
  2 12    (8)  The practice of veterinary medicine.
  2 13    3.  The governor shall appoint the voting members.  The
  2 14 governor shall consider nominations submitted by organizations
  2 15 representing areas of equine expertise as certified by the
  2 16 department according to requirements of the department.
  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.  The voting members shall serve five=year terms
  2 24 beginning and ending as provided in section 69.19.  However,
  2 25 the governor shall appoint initial members to serve for less
  2 26 than five years to ensure members serve staggered terms.  A
  2 27 member is eligible for reappointment.  A vacancy on the
  2 28 commission shall be filled for the unexpired portion of the
  2 29 regular term in the same manner as regular appointments are
  2 30 made.
  2 31    5.  The commission shall elect a chairperson from among its
  2 32 voting members each year on a rotating basis as provided by
  2 33 the commission.  The commission shall meet on a regular basis
  2 34 and at the call of the chairperson or upon the written request
  2 35 to the chairperson of five or more voting members.
  3  1    6.  Members are not entitled to receive compensation but
  3  2 shall receive reimbursement of expenses from the department as
  3  3 provided in section 7E.6.
  3  4    7.  Six voting members constitute a quorum and the
  3  5 affirmative vote of a majority of the voting members present
  3  6 is necessary for any substantive action to be taken by the
  3  7 commission.  The majority shall not include any member who has
  3  8 a conflict of interest and a statement by a member that the
  3  9 member has a conflict of interest is conclusive for this
  3 10 purpose.  A vacancy in the membership does not impair the
  3 11 duties of the commission.
  3 12    Sec. 3.  NEW SECTION.  175B.3  COMMISSION'S MISSION.
  3 13    The commission is the principal public organization devoted
  3 14 to promoting the collective interests of the state's equine
  3 15 industry.  The commission's mission is to establish, improve,
  3 16 and expand best management practices, preserve and enhance
  3 17 equine breeds, and promote equestrian businesses and
  3 18 activities in this state in order to create and capitalize
  3 19 upon economic opportunities, improve the environment, and
  3 20 enhance the health and quality of life for Iowans.
  3 21    Sec. 4.  NEW SECTION.  175B.4  COMMISSION DUTIES.
  3 22    In carrying out its mission, as provided in section 175B.3,
  3 23 the commission may do all of the following:
  3 24    1.  Monitor the equine industry in this state, including
  3 25 conditions, practices, policies, programs, and regulations
  3 26 affecting the equine industry, and periodically advise the
  3 27 secretary regarding its findings and recommendations or
  3 28 proposals.  In monitoring the equine industry, the commission
  3 29 may conduct surveys, sponsor meetings or public hearings,
  3 30 collect data, cooperate with interested private or public
  3 31 organizations, and consult with persons actively engaged in
  3 32 improving or expanding the equine industry.
  3 33    2.  Initiate or support programs or projects which enhance
  3 34 the care and management of equines.  The programs or projects
  3 35 may include establishing, improving, or expanding continuing
  4  1 education, clinical services, and diagnostic and therapeutic
  4  2 techniques.  The commission may provide technical assistance
  4  3 to owners, trainers, stables, veterinarians, and farriers and
  4  4 assist businesses that provide for equine services, including
  4  5 auctioneers, tack dealers, and feed dealers.
  4  6    3.  Provide for educational and promotional events and
  4  7 materials, including strategies to increase the public
  4  8 awareness of equine breeds, equine events and activities, the
  4  9 value of equine ownership, and traditions associated with
  4 10 equines and equestrians, especially among families and young
  4 11 persons.
  4 12    4.  Assist in the establishment, improvement, or expansion
  4 13 of private and public equestrian infrastructure, including but
  4 14 not limited to stables, training schools, recreational trails,
  4 15 historic farms, and spectator facilities.
  4 16    5.  Assist state and local governments when considering
  4 17 legislative or administrative measures which impact the equine
  4 18 industry.
  4 19    a.  The commission may advise the department when it adopts
  4 20 rules relating to the equine industry and may recommend model
  4 21 ordinances and regulations pertaining to zoning and the care
  4 22 and custody of equines.
  4 23    b.  The commission shall not expend moneys on a political
  4 24 issue, activity, or candidate.  It may comment upon
  4 25 legislation but shall not directly or indirectly attempt to
  4 26 influence the passage of legislation.
  4 27    Sec. 5.  NEW SECTION.  175B.5  DEPARTMENT DUTIES.
  4 28    The department shall assist the commission in carrying out
  4 29 its mission as provided in section 175B.3 by doing all of the
  4 30 following:
  4 31    1.  Furnishing facilities, supplies, and clerical
  4 32 assistance.
  4 33    2.  Executing contracts with or awarding moneys for
  4 34 programs or projects as provided in section 175B.4.
  4 35    3.  Administering the equestrian industry development fund
  5  1 as provided in section 175B.6.
  5  2    Sec. 6.  NEW SECTION.  175B.6  EQUESTRIAN INDUSTRY
  5  3 DEVELOPMENT FUND.
  5  4    1.  An equestrian industry development fund is created in
  5  5 the state treasury under the control of the department.  The
  5  6 fund is composed of moneys appropriated by the general
  5  7 assembly and moneys available to and obtained or accepted by
  5  8 the department from the United States or private sources for
  5  9 placement in the fund.
  5 10    2.  Moneys in the fund are appropriated to the department
  5 11 exclusively to assist the commission in carrying out its
  5 12 duties as provided in section 175B.4.
  5 13    3.  Section 8.33 shall not apply to moneys in the fund.
  5 14 Notwithstanding section 12C.7, moneys earned as income or
  5 15 interest from the fund shall remain in the fund until expended
  5 16 as provided in this section.
  5 17    Sec. 7.  EFFECTIVE DATE.  This Act takes effect on February
  5 18 1, 2007.
  5 19 HF 2717
  5 20 da:nh/es/25