The official site of the North Carolina Horse Council

Current Legislative Actions

WASHINGTON UPDATE

To: AHC Organizations

Date: July 20, 2009

House Passes the Restore Our American Mustangs Act

On July 17 the House of Representatives passed the Restore Our American Mustangs Act (H.R. 1018). Representative Rahall (WV-D) introduced the bill on February 12, 2009. This bill concerns the management and of wild free-roaming horses and burros.

In the 108th Congress a provision of the 2005 Omnibus Appropriations Bill lifted the prohibition on the sale of wild horses and burros for commercial purposes and authorizing the Secretary of Interior to sell excess animals at public sales "without limitation" on their use. This would allow these horses to be sold for slaughter.

Congressman Rahall's bill would restore the federal prohibition on the commercial sale and slaughter of wild free-roaming horses and burros. It would also bar the Secretary of Interior from euthanizing any wild free-roaming horses or burros unless an animal is terminally ill. Representative Rahall introduced similar legislation in the last Congress.

The bill directs the Secretary of the Interior to maintain an inventory of wild horses and burros on public lands, to protect and manage the population in an ecologically balanced manner and to designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation. This would include identifying new, "rangelands for wild free-roaming horses and burros, including use of land acquisitions, exchanges, conservation easements, and voluntary grazing buyouts, and negotiate with private landowners to allow for the federally supervised protection of wild horses and burros on private lands."

This bill will now proceed to the Senate for consideration.

If you have any questions regarding this bill please call the AHC.

1616 H Street NW 7th Floor • Washington, DC 20006 • Office: 202-296-4031 • Fax: 202-296-1970

Email: ahc@horsecouncil.org • Web Address: www.horsecouncil.org

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WASHINGTON UPDATE

To: AHC Member Organizations

Date: July 14, 2009

USDA Announces Standards for Privately-Owned Horse Import Facilities

The U.S. Department of Agriculture (USDA) has given the green light for the industry to build and operate permanent, privately owned quarantine facilities for horses. Such facilities would have to comply with the criteria set out in the USDA announcement.

The AHC has been working with USDA to authorize such facilities for some time. USDA has taken this action because the demand for quarantine services for horses often exceeds the space available at the existing three import facilities. Allowing imported horses to be quarantined in permanent, privately owned facilities that meet the established criteria will facilitate importation while continuing to protect the country against the introduction of foreign diseases.

Background

The horse industry is an international industry and increasingly more foreign horses are being brought into the U.S. for racing, showing, sale and breeding. Often the three facilities currently used to import horses do not have enough quarantine space to accommodate them all.

USDA first proposed this rule in 2002. Because it was not adopted, the AHC called for the USDA to re-publish the rule, which was done in December 2006.

The AHC commented on the 2006 proposed rule, stating its support of this rule, as well as highlighting a few important items and pointing out a couple of concerns. The AHC emphasized the importance of having APHIS personnel present at the privately-owned facilities to provide the oversight and assistance necessary to ensure the biological security of the facility. It was also emphasized that the establishment of permanent privately-owned quarantine facilities should not have any affect on temporary privately-owned quarantine facilities that are used for special events and competitions, as they are an important resource to the horse industry.

Facility Criteria

The final rule provides details on the standards established for the approval of permanent, privately owned quarantine facilities. These standards include the steps needed to gain USDA approval of a facility, the physical requirements of a facility (includes location, construction, etc.), sanitation and security requirements, operating procedures (includes USDA oversight, handling of horses, record keeping, etc.) and more. The approval of an import quarantine facility will require a compliance agreement between USDA and the operator of the facility. Because of the stringent guidelines for these facilities, USDA expects only a couple of facilities to be approved in the next few years.

Benefit to the U.S. Horse Industry

With increasing trade between the U.S. and other countries, having the ability to increase the amount of quarantine space for imported horses is very beneficial to the horse industry. This rule has the potential to make the import process easier and timelier while continuing to protect the country against the introduction of foreign diseases of horses. It will provide a clear benefit to importers when the demand for space in the current import quarantine facilities surpasses the space available.

If you have any questions, please call us.

1616 H Street NW 7th Floor • Washington, DC 20006 • Office: 202-296-4031 • Fax: 202-296-1970

Email: ahc@horsecouncil.org • Web Address: www.horsecouncil.org

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The Ethics Commission adopted five formal advisory opinions at its April 24, 2009, meeting. A brief overview of each opinion follows. A link to the edited version of the opinion is also included.

OPINIONS INTERPRETING G.S. CHAPTER 120C--THE LOBBYING LAW

AO-L-09-005:
Executive Action and Executive Branch Lobbying. The Commission determined whether certain legal services provided by a private attorney constitute executive branch lobbying, requiring the attorney's registration as a lobbyist.
http://www.ethicscommission.nc.gov/documents/AO_L_09_005.pdf

AO-L-09-006:
Interpretation of "Association." The Commission interpreted the Lobbying Law's definition of "lobbyist principal" as applied to individual entities that form an association that engages in lobbying.
http://www.ethicscommission.nc.gov/documents/AO_L_09_006.pdf

AO-L-09-007:
Application of the Educational Meeting Criteria to the "Making Energy Work" Forum. The NC Sustainable Energy Association, a lobbyist principal, provided free Forum registration to members of the General Assembly and certain legislative employees and public servants. The Commission determined that the educational meeting exception to the gifts ban applied.
http://www.ethicscommission.nc.gov/documents/AO_L_09_007.pdf

OPINIONS INTERPRETING G.S. CHAPTER 138A--THE STATE GOVERNMENT ETHICS ACT

AO-E-09-003:
Potential Conflict of Interest Associated with Spouse's Consulting Business. The Commission interpreted the Ethics Act's conflicts of interest provisions in determining whether a public servant has a conflict of interest where the covered person's spouse provides consulting services to the public servant's employing entity.
http://www.ethicscommission.nc.gov/documents/AO_E_09_003.pdf

AO-E-09-004:
Distribution of Video Featuring Public Servant. The Commission interpreted two Ethics Act provisions, one which restricts the use of a public servant's "public position" in nongovernmental advertising and another which restricts the use of State funds in certain advertisements that feature a public servant's name, picture, or voice.
http://www.ethicscommission.nc.gov/documents/AO_E_09_004.pdf

The Commission has also published two opinions issued in April 2009 by the Legislative Ethics Committee: http://www.ethicscommission.nc.gov/opinionsLegislative.htm .

Please contact the Commission's staff if you have any questions about these opinions or have other questions arising under the Ethics Act or Lobbying Law.

NC State Ethics Commission
1324 Mail Service Center
Raleigh, NC 27699-1324
(919) 715-2071

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Current Legislative Budget Issues Archive: 2008

The House passed budget bill cut Agricultural Programs (NC Agricultural Research Service and NC Cooperative Extension) a disportionate amount (item 44 under Section A. Base Budget Adjustments). With increased fuel, fertilizer, feed, seed and chemical costs, Ag Program needs more funding (an inflationary increase), not less. We ask that the cut for Agricultural Programs be eliminated and an additional $1.5 million be allocated for inflationary increases in Agricultural programs.

House Bill 2675 has asked for an increase to the Adopt-A-Trail Program by $892,000 and to make the funds non-reverting. The Adopt a Trail program is now funded at $108,000 per year and makes grants of up to $5000 to local governments, nonprofits and state agencies to build and maintain trails. Since 1987, the program has made grants for trails in 88 counties in the state. If funded at the level proposed in this bill, the Adopt a Trail program could make grants of up to $50,000 and grantees would have more than six months to spend the funds.

The NCDA&CS had two capital projects in the House budget going in to the Full Appropriations Committee. The projects totaled $3.3 million including dollars for the Hunt Horse Complex for the construction of a 60,000 square foot horse barn and $314,585 for design and planning of a 40,000 square foot pavilion for the Southeastern NC Agricultural Center.

There have also been dollars requested for the construction of an equine facility at NC A&T.

Legislative Issues for the 'Short Session" which convenes May 13, 2008

While this has traditionally been a short, budget-oriented sesion, the horse council is closely following several serious issues which will need your attention both now and during the session.

1. The Legislature's Performance Review Division: The Oversight Committee meets May 8th to receive and review the report on Consolidating Agricultural Research Facility Management. The confidential draft report has been circulating and calls for transfer of NCDA stations to NCSU, among other things The Farm Bureau opposes the transfer and requests that farm leaders make personal contact, with their legislators opposing this transfer.

2. The Governor's Drought Response: While the drought has greatly eased, the Governor is poised to release his recommended response to current and future droughts very soon. The Farm Bureau understands that one recommendation will be to lower the current threshold for reporting farm water usage from 1 million gallons per day to 100,000 gallons per day. This change is in opposition to Farm Bureau policy.


3. Legislative Drought Response: You may have heard of the Farm Bureau-initiated Drought Recovery Program and the Tobacco Trust Fund frontloading the cost-share program with $6 million dollars. There is still a documented need for an additional $9 million dollars for the Drought Recovery Cost-Share Program. We will need help during session to secure the additional funds from the General Assembly. Horse operations are included!

4. Highway Patrol Enforcement Division: Many of you have experienced the vigorous level of Motor Vehicle enforcement by the Highway Patrol. We will be working diligently to update and modernize the statutes as they relate to farm equipment, trailers, etc. and we will need your help.


Please stay in touch with the NCHC to hear more about these and other legislative issues for 2008.


The Equine Study is currently underway. The survey is expected to be distributed in early May through July 30th. The data analysis will take place during August and the economic impact analysis will occur during September and October. The development of policy recommendations will be determined in November. We anticipate holding regional meetings to report the study results and will present the final report to the NC General Assembly in early 2009. The complete bill is listed below.

Other legislative actions currently underway at the Council include sponsoring legislation to enact a NC Speciality license plate. Take a look at the propsed design!

Actual legislative language for the equine economic study available here: Sections 13.14A(a) and (b);
Section 13.14A.(c)

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SENATE DRS55029-LG-62 (01/30)

Short Title: Equine Industry Study Funds.

Sponsors: Senator Weinstein.

Referred to:

A BILL TO BE ENTITLED

AN ACT to appropriate funds to the agricultural Advancement consortium to study the economic impact of the equine industry in north carolina and develop strategies to maximize the economic impact of this industry in the state.

Whereas, the 2005 economic impact study of the equine industry in the United States done by the American Horse Council showed a total impact of $101.5 billion: $32 billion from recreation, $28.8 billion from showing, $26.1 billion from racing, and $14.7 billion from other activities; and

Whereas, that study ranked North Carolina 8th among the states in the number of horses in the State; and

Whereas, the last survey of the equine industry in North Carolina was undertaken by the North Carolina Department of Agriculture and Consumer Services in 1996; and

Whereas, no comprehensive study has ever been done to determine the economic impact of the equine industry in the State; and

Whereas, Virginia, Maryland, Pennsylvania, Delaware, Kentucky, and other states have recently conducted economic impact studies and have found that the equine industry contributes substantially to each state's economy. For example, Maryland determined the total economic impact of the equine industry to be $1.5 billion dollars per year, and Virginia estimated a $1-billion-dollar impact with the Virginia Horse Center in Lexington alone generating in excess of $53 million; and

Whereas, a number of states also have established equine industry boards and are actively recruiting equine operations and activities, including the development of major horse parks in Maryland and Florida; and

Whereas, North Carolina is well situated as to climate, geography, and transportation routes for equine operations and activities and has an opportunity to increase its share of the equine industry dollar; and

Whereas, North Carolina was the home of Janus, the foundation sire of the American Quarter Horse; and

Whereas, Sir Archie, considered one of the foundation sires of the American Thoroughbred, lived in North Carolina during the early 1800s; and

Whereas, expansion of the equine industry would provide jobs, alternatives to tobacco production, aid in the preservation of farmland and open space, and contribute to the general welfare of the State; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1. There is appropriated from the General Fund to the Rural Economic Development Center, Inc., a nonprofit organization, the sum of five hundred thousand dollars ($500,000) for the 2007?2008 fiscal year to be allocated to the Agricultural Advancement Consortium for the purpose of assessing the numbers, composition, and value of the equine industry in North Carolina, analyzing the direct and indirect impact of the industry on the State's economy, and developing a comprehensive plan to maximize the economic opportunities presented by the industry.

SECTION 2. The assessment of the equine industry shall provide data on both a statewide and countywide basis. The assessment shall include the following:


  1. A census of equines in the State, including numbers, breeds, and disciplines.

  2. The value of equines in the State.

  3. The number of equine owners.

  4. The number of equine operations.

  5. The size of equine operations.

  6. The total acreage devoted to equine operations.

  7. The value of equine?related assets.

  8. The number of equines and owners participating in various activities within the State.

  9. An analysis of the economic impact of the existing exhibition facilities including the Hunt Horse Complex, the Senator Bob Martin Horse Complex, the WNC Agricultural Center, and the Carolina Horse Park.

  10. An analysis of the programs, contributions, and industry support provided by the North Carolina State University College of Veterinary Medicine and other equine programs, at both private and public education institutions including the College of Agriculture and Life at North Carolina State University, Martin Community College, and St. Andrews College.

  11. An analysis of the economic impact of breeding, training, and other horse operations.

  12. An analysis of the economic impact of services provided to the equine industry including farrier, veterinary, design and planning, farm management and consulting, show management, and other services related to equines and equine operations.

  13. An analysis of the economic impact, including manufacturing, agricultural production and employment, and wholesale and retail sales, of the purchase of equines, feed and grain, hay, tack and other horse equipment, riding clothes, insurance, vehicles and trailers, farm and pasture inputs, capital improvements such as barns, sheds and fencing, and real estate, including planned equestrian communities.

  14. An analysis of the economic impact of other recreational uses of equines, including trail riding, camping with horses, therapeutic riding programs, other recreational activities, and equine?related agritourism.

  15. An analysis of the impact of the equine industry on State and local governments including the generation of tax revenues.

SECTION 3. The Agricultural Advancement Consortium, in developing a plan to maximize the economic impact of the equine industry, shall:


  1. Evaluate existing equine-related facilities, programs, and services in the State and make recommendations for enhancing those facilities, programs, and services so as to maximize their economic impact on the State.

  2. Identify opportunities for the growth of the equine industry, including the production of feed crops, improved pasture, and high quality horse hays, attracting industry engaged in the production of horse?related products, equipment, and pharmaceuticals, the addition of exhibition and show facilities, including the development of a world-class equestrian park, and other horse?related programs, activities, and facilities, and evaluate the potential economic contribution to the State's economy of each of these potential undertakings.

  3. Evaluate the need to create an equine industry board tasked with the market development, education, publicity, research, and promotion of the North Carolina equine industry and other such measures it deems appropriate to promote the objectives, findings, and recommendations of the equine industry survey and analysis.

  4. Evaluate the laws, rules, and policies that impact equine owners and persons engaged in equine activities, including land?use policies, preservation of trails, use of State recreational facilities, and tax credits and make recommendations directed toward making North Carolina more attractive to equine operations and activities.

SECTION 4. The Agricultural Advancement Consortium may contract with other agencies of State government, any of the constituent institutions of The University of North Carolina, and private consultants as it deems necessary and advisable in its conduct of the assessment and plan development. The Agricultural Advancement Consortium shall complete its work within 12 months of the funds becoming available and shall file a report containing the results of the assessment of the equine industry and its plan for maximizing the economic impact of the equine industry with the Chairs of the Joint Legislative Commission on Governmental Operations and the Chairs of the Senate and House Appropriations Committees.

SECTION 5. This act becomes effective July 1, 2007.

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