SOUTH CAROLINA EQUINE PROMOTION ACT
A BILL
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” INCLUDING PROVISIONS 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 A FEE ON THE SALE OF CERTAIN COMMERCIAL HORSE FEED
AND CUSTOM BLENDS; TO PROVIDE FOR THE RATE AND METHOD OF
COLLECTION; TO PROVIDE A REFUND IN CERTAIN CIRCUMSTANCES; AND TO
PROVIDE FOR THE MANNER IN WHICH THE REVENUE DERIVED FROM FUNDS
COLLECTED BE USED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the horse industry contributes billions of
dollars to the economic development of this State through the value of the animals
themselves, the land on which they are housed, jobs, taxes, as well as others. The
South Carolina Equine Promotion Act shall promote and improve economic
development of the industry as a result of a program funded by fees collected from the
sale of commercial horse feed.
SECTION 2. Title 46 of the 1976 Code is amended by adding:
CHAPTER 10
South Carolina Equine Promotion Act
Section 47-10-10. This chapter may be cited as the “South Carolina Equine Promotion
Act.”
Section 471020. 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 47-1030. (A) An Equine Promotion Board shall be established under the
administration of the Department of Agriculture. The membership of the promotion
board shall be composed of nine (9) members who have a direct association with the
equine industry and operate and reside in this State. The members of the board shall
be appointed as follows:
(1) South Carolina Commissioner of Agriculture shall appoint one member;
(2) Chairman of the Senate Agriculture and Natural Resources Committee shall
appoint one member;
(3) Chairman of the House Agriculture, Natural Resources and Environmental
Affairs Committee shall appoint one member;
(4) South Carolina Horsemen’s Council shall appoint one member;
(5) President of the South Carolina Farm Bureau shall appoint one member;
(6) The Director of SC Parks, Recreation and Tourism shall appoint one member;
(7) SC Veterinary Association shall appoint one member;
(8) Two at-large members with the appointment process being determined by the
initial seven (7) appointees following the establishment of the Board;
No one equine breed, discipline, or special interest group shall have more than one
representative on the board.
The equine marketing specialist within the S.C. Department of Agriculture and an
equine specialist appointed from Clemson University shall serve in an advisory capacity
with no voting privileges.
(B) Of the initial members of the Equine Promotion Board created pursuant to this
section, three members shall serve terms of four years, two members shall serve terms
of three years, and two members shall serve terms of two years. These initial terms
must be determined randomly by a method chosen by the board chairman. After the
initial terms all new members shall serve fouryear terms.
(C) The two at-large members shall also hold office for a four (4) year term. Initially
one member will serve a two (2) year term with one serving a full four (4) year term for
the purpose of establishing a full four (4) year rotation for the at-large members.
(D) 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 equine professionals
from 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 chair, vice chair, secretary, and treasurer from among its
members. The board shall meet at least quarterly or upon the call of the chairman.
Members of the board are not entitled to compensation but shall receive mileage, per
diem, and subsistence as provided by law for members of state boards, committees,
and commissions to be paid from approved accounts of the Equine Promotion Board.
Section 471030. A fee equal to two dollars a ton shall be imposed at the mill on all
commercial feed and custom blends labeled and marketed for equine use and 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, which states: “Each manufacturer of
commercial feed…must file for registration with the Commissioner…” Those individuals
and entities must be issued a manufacturer’s receipt for payment of the fee before
supplying the feed to the retailers. The funds collected are due and payable to the
Equine Promotion Board in quarterly installments 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 all funds. For purposes of
collection and enforcement, the provisions of Chapter 54, Title 12 apply.
A consumer who desires a refund during a particular year may file a written request with
the board within thirty days after the close of the calendar year in which the funds were
paid, together with a copy of the receipts for payments. Upon receipt of these materials,
the board shall issue a refund paid to that person.
Section 47-10-50. (A) The revenues 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 expense associated with this purpose. The department is authorized to
be reimbursed from the fund for administrative costs associated with its duties under
this chapter, on an annual basis, not to exceed fifteen percent of the total net funds
collected for that year.
(B) The funds collected shall be used for research, education and promotion for the
purpose of supporting the equine industry.
47-10-60 Annual audits of the Equine Promotion Fund will be conducted, so that the
manner in which collections are imposed and expended ensure that the funds are
collected and utilized as required by this chapter.
SECTION 3. This act takes effect upon approval by the Governor.