Equine Welfare Bills Introduced

The 111th Congress is in session and bills are being introduced that affect our beloved equine. The text of the bills, as introduced will follow below the post.

First is HR 503 which would prohibit the transport of equine for the purpose of slaughter or the possession of horse flesh for the purpose of human consumption. It currently has 60 cosponsors with Rep Conyers as the sponsor. It has been assigned to the House Judiciary Committee.

The AHDF fully supports this bill and its humane agenda as we have since the first horse slaughter ban bill. It would protect horses from going to an inhumane death in Canada and Mexico and would prevent the opening of horse slaughter plants in the United States.

Second, is HR 305 which would prohibit the use of double decker trailers in transporting equine. It does NOT prohibit the use of these trailers for other animals, just horses, hence the title Horse Transportation Safety Act. The bill currently has 2 cosponsors and has been assigned to the House Committee on Transportation and Infrastructure.

The USDA has ruled that Double Decker (DD) trailers cannot be modified or made humane for the use in transporting horses and have regulations prohibiting the use of them in transporting horses. I'm sure that everyone can agree that this agency can’t be considered overly humane, so their decision can be viewed as fair. The USDA has tried to enforce this but have been hindered by a loophole that they have been attempting to correct. Even those supporting the slaughter of horses agree that they are unsafe for horses.

The reasons these trailers are bad for horse is simple. Horses hold their heads upright and these trailers, designed for shorter necked animals, do no allow them to raise their heads properly. Horses transported with their heads lowered experience respiratory difficulties and tend to develop shipping fever. For the trailer to be modified to carry horses on multiple levels it would exceed height restrictions.

These trailers, when involved in accidents, cause more damage and take MUCH longer to “clean up” than other trailer accidents. Usually it runs into 6-10 hours where the roadway is blocked, and the use of hundreds of man hours and that is if they have the proper training. That is because of the number of animals involved. The documented accidents (which do appear, at least to rational folks, to happen far too frequently) have a death rate of 80% compared to 25% of the horses hauled in trailers designed for horses. These trailers are more top heavy than other trailers on the road. Also, most hauling to slaughter are usually also overweight and avoid weigh stations and DOT inspections making them even more dangerous to EVERY driver on the road with them. All accidents involving these trailers have resulted in multiple citations.

The AHDF does support the bill, but it isn’t the answer to all the problems that we have with horse slaughter. It wouldn’t change the fact that horses going to slaughter can be transported more than 24 hours without food or water. It wouldn’t stop the transport of horses into Canada and Mexico where the horses are treated inhumanely both before and during slaughter. This bill ONLY stops the use of these trailers which are inhumane for the transport of horses.

Third, soon a bill will be introduced to protect our nation's wild horses and burros. The text of the bill and what it proposes is not yet available. However, we expect it to restore the protections stripped away by the infamous "Burns Amendment". The AHDF has provided commentary on the bill and are anxiously awaiting the final text the sponsor chooses. As soon as a bill number and text are available we will post it. We fully expect to support the bill.

If you would like to see if your Representative is a cosponsor you can go to Thomas and enter the bill number and then click on Cosponsors. We will provide updates on the bills as they become available. If you are reading this post online at Hooflinks please subscribe to the blog to get the updates.

H. R. 503

To amend title 18, United States Code, to prohibit certain conduct relating to the use of horses for human consumption.

IN THE HOUSE OF REPRESENTATIVES

January 14, 2009

Mr. CONYERS (for himself, Mr. BURTON of Indiana, Mr. ACKERMAN, Ms. BERKLEY, Mr. BILBRAY, Mrs. BONO MACK, Ms. BORDALLO, Mr. BROWN of South Carolina, Mr. CAPUANO, Mr. CASTLE, Mr. COHEN, Mr. CUMMINGS, Mr. DEFAZIO, Mr. DELAHUNT, Ms. DELAURO, Mr. GALLEGLY, Mr. GERLACH, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HALL of New York, Mr. HINCHEY, Mr. INGLIS, Ms. JACKSON-LEE of Texas, Mr. JONES, Mr. KING of New York, Mr. KIRK, Mr. KLEIN of Florida, Mr. KUCINICH, Mr. LEWIS of Georgia, Mr. LOBIONDO, Ms. ZOE LOFGREN of California, Mrs. MALONEY, Mrs. MCCARTHY of New York, Mr. MCCOTTER, Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. MITCHELL, Ms. MOORE of Wisconsin, Mr. MORAN of Virginia, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. NADLER of New York, Mr. PAYNE, Mr. PLATTS, Mr. RAHALL, Mr. RANGEL, Mr. ROTHMAN of New Jersey, Mr. RUPPERSBERGER, Ms. SCHAKOWSKY, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. SHERMAN, Mr. SMITH of New Jersey, Ms. SUTTON, Mr. VAN HOLLEN, Ms. WASSERMAN SCHULTZ, Ms. WATSON, Mr. WEXLER, Mr. WHITFIELD, Ms. WOOLSEY, Mr. WU, and Mr. YOUNG of Florida) introduced the following bill; which was referred to the Committee on the Judiciary

---

A BILL

To amend title 18, United States Code, to prohibit certain conduct relating to the use of horses for human consumption.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Prevention of Equine Cruelty Act of 2009'.

SEC. 2. SLAUGHTER OF HORSES FOR HUMAN CONSUMPTION.

(a) In General- Chapter 3 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 50. Slaughter of horses for human consumption

`(a) Except as provided in subsection (b), whoever knowingly--

`(1) possesses, ships, transports, purchases, sells, delivers, or receives, in or affecting interstate commerce or foreign commerce, any horse with the intent that it is to be slaughtered for human consumption; or

`(2) possesses, ships, transports, purchases, sells, delivers, or receives, in or affecting interstate commerce or foreign commerce, any horse flesh or carcass or part of a carcass, with the intent that it is to be used for human consumption;

shall be fined under this title or imprisoned not more than three years or both.

`(b) If--

`(1) the defendant engages in conduct that would otherwise constitute an offense under subsection (a);

`(2) the defendant has no prior conviction under this section; and

`(3) the conduct involves less than five horses or less than 2000 pounds of horse flesh or carcass or part of a carcass;

the defendant shall, instead of being punished under that subsection, be fined under this title or imprisoned not more than one year, or both.

`(c) As used in this section, the term `horse' means any member of the family Equidae.'.

(b) Clerical Amendment- The table of sections for chapter 3 of title 18, United States Code, is amended by adding at the end the following new item:

H. R. 305

To amend title 49, United States Code, to prohibit the transportation of horses in interstate transportation in a motor vehicle containing two or more levels stacked on top of one another.

IN THE HOUSE OF REPRESENTATIVES

January 8, 2009

Mr. KIRK (for himself, Mr. COHEN, and Mr. WHITFIELD) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

---

A BILL

To amend title 49, United States Code, to prohibit the transportation of horses in interstate transportation in a motor vehicle containing two or more levels stacked on top of one another.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Horse Transportation Safety Act of 2009'.

SEC. 2. TRANSPORTATION OF HORSES.

(a) In General- Chapter 805 of title 49, United States Code, is amended by adding at the end the following:

`Sec. 80505. Transportation of horses

`(a) Prohibition- No person may transport, or cause to be transported, a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States in a motor vehicle containing two or more levels stacked on top of one another.

`(b) Civil Penalty- A person that knowingly violates this section is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation. A separate violation occurs under this section for each horse that is transported, or caused to be transported, in violation of this section. On learning of a violation, the Attorney General shall bring a civil action to collect the penalty in the district court of the United States for the judicial district in which the violation occurred or the defendant resides or does business.

`(c) Motor Vehicle Defined- In this section, the term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.

`(d) Relationship to Other Laws- The penalty provided under this section shall be in addition to a penalty or remedy available under any other law or common law.'.

(b) Conforming Amendment- The analysis for such chapter is amended by adding at the end the following:

`80505. Transportation of horses.'.