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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 ENACTING THE HORSE INDUSTRY PROMOTION ACT SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE SHALL PROMOTE AND IMPROVE THE HORSE INDUSTRY IN THIS STATE, TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED AND TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE THAT THE REVENUE MUST BE USED SOLELY FOR THE PROMOTION AND IMPROVEMENT OF THE HORSE INDUSTRY IN THIS STATE AND TO PROVIDE THOSE ACTIVITIES FOR WHICH THE REVENUE MAY BE EXPENDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the horse industry in this State contributes significantly to the economic development of this State, particularly its rural economy, and that the promotion and improvement of this industry by means of a program conducted by the South Carolina Department of Agriculture and funded by an assessment on the sale of commercial horse feed is a public purpose.
SECTION 2. Title 46 of the 1976 Code is amended by adding:
Section 46-53-10. This chapter may be cited as the 'Horse Industry Promotion Act'.
Section 46-53-20. As used in this chapter:
(1) 'commercial horse feed' means a commercial feed, as defined in Section 46-27-20 and labeled for equine purposes;
(2) 'department' means the South Carolina Department of Agriculture; established pursuant to Chapter 3 of this title; and
(3) 'equine' means a horse, pony, mule, donkey, or hinny.
Section 46-53-30. There is imposed an assessment equal to two dollars a ton on all commercial feed labeled for equine use sold in this State. The fee must be paid by those required to register a commercial feed pursuant to Section 46-27-210. The assessment is due and payable to the department in quarterly installments due and payable on the fifteenth day of the month following the end of the calendar quarter, for the preceding quarter. The department shall prescribe the forms necessary for reporting and paying this assessment. For purposes of collection and enforcement, the provisions of Chapter 54 of Title 12 apply to this assessment.
Section 46-53-40. The revenues of the assessment 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 'Horse Industry Promotion Fund' which must be used by the department for the sole purpose of promoting the horse industry in this State, including administrative expenses associated with this purpose. Promotion of the horse industry in this State includes, but is not limited to:
(1) development and production of an equine census essential to the promotion and marketing of the South Carolina equine industry;
(2) the production of marketing, informational, and educational materials and programs;
(3) encouraging development and growth of the horse industry through attraction of new owners, relocation of out-of-state horse operations, and expansion of new and existing equine-related agribusiness;
(4) encouraging research that would help the development of the horse industry;
(5) improving interaction with state and local governmental agencies and any national agencies considered necessary for the improvement of the South Carolina horse industry; and
(6) enhancing the general public's image and knowledge of the South Carolina horse industry.
Section 46-53-50. The Board of the South Carolina Horse Council shall act in an advisory capacity to the Department of Agriculture in performing its duties under this chapter."
SECTION 3. This act takes effect July 1, 2003.
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