In this subtitle the following words have the meanings indicated. “Board” means the Maryland Horse Industry Board. “Boarding stable” means an establishment that solicits or offers to the public to stable horses. “Equine activities” includes teaching equestrian skills, participating in equestrian competitions, exhibitions or other displays of equestrian skills, and caring for, breeding, boarding, renting, riding, or training horses. “Horse” includes horses, donkeys, mules, and ponies. “Horse establishment” means an establishment that solicits or offers to the public any of the following services: A boarding stable; A lesson or rental stable; or A rescue or sanctuary stable. “Lesson or rental stable” means an establishment in connection with which one or more horses are offered to the public to be let for hire, to be ridden or driven, either with or without the furnishing of riding or driving instructions. “Rescue or sanctuary stable” means an establishment that offers to the public to shelter or keep one or more horses for humane purposes with or without compensation and with or without tax–exempt status. “Stable” means a place where one or more horses are under the care, custody, and control of an operator.

Except as provided in § 2–702.1 of this subtitle, horse racing and standardbred stables or farms using horses for working or cultivating the soil or herding or cutting livestock are not subject to the provisions of this subtitle.

Equine activities shall be treated as agricultural activities for the purposes of this subtitle.

There is a Maryland Horse Industry Board.

The Board consists of 12 members, 11 of whom shall be appointed by the Governor with the advice of the Secretary. Of the Board members: One shall be a duly qualified and licensed veterinarian; One shall be an officer of a county humane society; One shall be an owner of a licensed stable; One shall be a public member; One shall be a representative of the Maryland Horse Council, Inc.; One shall be a representative of the trails and recreational riding community; One shall represent the organized competitions and shows industry; One shall represent the Maryland thoroughbred industry; One shall represent the Maryland standardbred industry; One shall represent the academic equine community; and One shall represent the equine trade and support industries. The Secretary, or the Secretary’s designee, shall serve as an ex officio member of the Board. Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 4 years. The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1980. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. The Governor may remove a member for incompetency or misconduct.

From among its members, the Board shall elect a chairman. The manner of election of officers and their terms of office shall be as the Board determines.

The Board shall determine the times and places of its meetings. A member of the Board: May not receive compensation; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Board may employ a staff in accordance with the State budget.

The powers and duties vested in the Board by the provisions of this subtitle are subject to the power and authority of the Secretary. In addition to the powers set forth elsewhere in this subtitle, the Board may: Adopt rules and regulations to carry out the provisions of this subtitle, including: Filing applications for licenses; and The qualifications of applicants; and Set standards to create classes of licenses under this subtitle.

All funds collected by the Board shall be paid into the Maryland Horse Industry Fund under § 2–708.2 of this subtitle.

The Board shall: Carry out the licensing, inspection, and enforcement provisions of this subtitle; Advise the Department regarding matters affecting the horse industry in the State; Support research related to equine health and related issues; Promote the development and use of horses in the State; Create public awareness of the value of equine activities as they relate to the preservation of green space and agricultural land; and Develop and disseminate information concerning the equine industry, including the history and tradition of breeding and the role of horses in recreational activities.

In this section, “Fund” means the Maryland Horse Industry Fund. There is a Maryland Horse Industry Fund in the Department. The Fund is a continuing, revolving special fund to be maintained by the State Treasurer. The State Treasurer shall hold and the State Comptroller shall account for the Fund. The Fund shall be invested and reinvested. Any interest or other investment earnings of the Fund shall be credited and paid into the Fund. At the end of a fiscal year, any unspent or unencumbered balance in the Fund may not revert to the General Fund of the State. The Fund consists of: Money made available from an assessment on equine feed as required under § 6–107.2 of this article; Money made available to the Fund by general, federal, or special fund appropriations; Money made available to the Fund by gifts, grants or transfers from any government or unit or instrumentality of a government or from any private sector sources; and Money made available from licensing and inspection of horse stables as required under §§ 2–711, 2–712, and 2–713 of this subtitle. The Board shall use the money in the Fund in accordance with the provisions of § 2–708 of this subtitle. Except for the purposes in § 2–708.1 of this subtitle, the Board may not use any money in the Fund for any other purpose of the Board.

The Board, with the approval of the Secretary, may appoint a qualified inspector to act as its agent and make inspections throughout the State. The inspector is entitled to: A salary in accordance with the State budget; and Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Board may designate officers of county humane societies, societies for the prevention of cruelty to animals, or licensed veterinarians to: Act as its agent; and Make routine inspections. An inspector designated under paragraph (1) of this subsection: May not receive compensation; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

A person may not engage in the business of operating or maintaining any horse establishment unless the person has received a license issued by the Board.

To apply for a license, an applicant shall: Submit an application to the Board on the form that it requires; and Pay to the Board a license fee of $125.

A license expires on June 30 after its effective date, unless the license is renewed for a 1–year term as provided in this section. At least 1 month before a license expires, the Board shall send each licensee, by electronic means or first–class mail to the last known electronic or mailing address of the licensee, a renewal form and a renewal notice that states: The date on which the current license expires; That the renewal application and fee must be received by the Board on or before the license expiration date; and The amount of the renewal fee. Before a person’s license expires, a licensee periodically may renew the license for additional 1–year terms, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee of $125; and Submits to the Board a renewal application on the form that it requires. A person who is licensed to operate a horse establishment has a grace period of 60 days after the person’s license expires to renew the license retroactively, if the person: Otherwise is entitled to renew the license; Submits to the Board a renewal application on the form required by the Board; and Pays to the Board the renewal fee and any late fee set by the Board. The Board may reinstate the license of a former licensee if the former licensee: Applies for the reinstatement more than 60 days after the license renewal deadline; Otherwise is entitled to renew the license; Submits to the Board an application for reinstatement on the form required by the Board; and Pays to the Board a reinstatement fee and the renewal fee set by the Board.

Each horse establishment licensed under this subtitle shall be inspected as determined by the Board. Based on criteria it develops, the Board may create additional classes of licenses, all of which shall have the usual annual fee under this subtitle.

A license issued under this subtitle is the property of the State and only is loaned to a licensee. Each licensee shall display the license conspicuously on the premises where a horse establishment is operated by the licensee. A license issued under this subtitle may not be assigned or transferred.

The Board may suspend or revoke the license issued to any licensee under this subtitle, if the licensee: Fails to provide suitable food, water, and shelter for a horse under the control of the licensee; Maintains an unsanitary or unfit horse establishment; Fails to provide suitable saddles, bridles, harnesses, and other tack or equipment; Allows unfit horses to be used for riding or driving purposes; Refuses to allow a member of the Board to enter and inspect the licensed premises; Obstructs any member of the Board in the performance of his duties; Commits an act of cruelty as defined in § 10–601 of the Criminal Law Article, or allows the commission of an act of cruelty by any other person with relation to any horse under the control of the licensee; Does any other action that, in the opinion of the Board, taking into consideration the welfare of the horses under the control of the licensee, shows that the licensee is unfit to operate a horse establishment; or Fails to comply with the rules and regulations of the Board after receiving a license.

If, in accordance with § 10-615 of the Criminal Law Article, the Board considers it necessary to take possession of a horse to protect it from neglect or cruelty, the Board immediately shall notify the owner or custodian of this action. The owner or custodian of the horse may petition the Board for return of the horse within 5 days after possession was taken. If a timely petition is not filed with the Board, the horse shall be treated as an estray. If the owner or custodian files a timely petition, the Board shall return the horse if the owner or custodian: Consents to providing proper attention to the horse, as specified by the Board; and Pays all costs and expenses incurred in taking possession of and stabling the horse during possession. If the owner or custodian does not consent or pay all costs and expenses, the horse shall be treated as an estray.

The Board may apply for relief by injunction, without bond, to enforce any provision of this subtitle or to restrain a violation of any provision of this subtitle. In these proceedings the Board does not have to allege or prove that: An adequate remedy at law does not exist; or Substantial or irreparable damage would result from the continued violations.

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 11 months or both. Instead of pursuing criminal penalties under subsection (a) of this section, the Board may impose an administrative penalty on any person who violates any provision of § 2–710 or § 2–715 of this subtitle. The penalty imposed under this subsection may not exceed $2,000 for each violation of this subtitle. All penalties collected under this subsection shall be paid into the General Fund of the State. The Board shall adopt regulations necessary to implement the provisions of this subsection. Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–710 or § 2–715 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The person may be represented at the hearing by counsel. The Board may issue subpoenas in connection with any investigation of charges under § 2–710 of this subtitle or proceedings under this section. If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, the provisions of this subtitle and of any rule or regulation adopted under this subtitle shall terminate and be of no effect after July 1, 2036.