Illinois General Assembly - Full Text of HB3339
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Full Text of HB3339  101st General Assembly

HB3339 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3339

 

Introduced , by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Horse-drawn Carriage Regulation and Safety Act. Establishes requirements for the lawful operation of horse-drawn carriages and the horse-drawn carriage trade in the State. Requires licenses and identification cards issued by the Secretary of State for persons involved in the horse-drawn carriage trade. Provides requirements for the care of horses used horse-drawn carriages. Provides for prohibitions, including inclement weather conditions, when it is unlawful to operate a horse-drawn carriage in the State. Establishes rulemaking authority for the Secretary of State, in consultation with the Department of Transportation, Department of State Police, the Department of Agriculture, and any other relevant State agency. Defines terms. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3339LRB101 08839 SLF 53928 b

1    AN ACT concerning horse drawn carriages.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Horse
5Drawn Carriage Regulation and Safety Act.
 
6    Section 5. Definitions. In this Act:
7    "Carriage" means a device by which a person is transported
8or in which a person rides, for hire, and that is designed to
9be pulled or drawn by a horse in the horse-drawn carriage trade
10which includes a wagon, cart, vehicle, or similar
11transportation device.
12    "Custodian" means a person who has the immediate
13possession, bailment, custody, use, or control of a horse,
14which includes a driver.
15    "Driver" means a person licensed to drive, steer,
16transport, or operate a carriage or horse used in the
17horse-drawn carriage trade.
18    "Horse" means a large solid-hoofed herbivorous
19domesticated mammal or similar animal that belongs to the Equus
20caballus family and weighs at least 1,100 pounds, and that is
21used for the purpose of driving, pulling, or hauling a
22carriage, or for the purposes of a performance, not including
23any animal owned by the State or the United States government

 

 

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1that is used solely for law enforcement purposes.
2    "Horse-drawn carriage trade" means a person or business
3that operates an enterprise, for hire, or as a contractual
4service, for the purpose of conveying persons or goods through
5the use of a horse to pull or haul a wagon, cart, carriage,
6vehicle, or similar device along the public streets in the
7State not including the use of a horse in a parade or in a
8funeral for which a permit is issued.
9     "Identification card" means a document devised, supplied,
10and certified by the Secretary of State, in consultation with
11the Department of Agriculture, and signed and dated by a
12licensed veterinarian which shall include:
13        (1) the date of the last physical examination of the
14    horse;
15        (2) a description of the horse, including sex, age,
16    height, color, markings, and any other information that may
17    facilitate identification of the horse;
18        (3) the stamina and physical condition of the horse;
19        (4) any condition that might restrict or affect the use
20    or movement of the horse;
21        (5) a photograph of the horse;
22        (6) an identification number;
23        (7) the name, address, and telephone number of the
24    establishment where the horse is stabled; and
25        (8) the name, address, and telephone number of the
26    owner of the horse.

 

 

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1    "License" means a valid permit or other document issued by
2the Secretary of State to a person or business for the purpose
3of operating a horse-drawn carriage trade enterprise.
4     "Licensed veterinarian" means a veterinarian licensed
5under the Veterinary Medicine and Surgery Practice Act of 2004
6in which he or she engages in the practice of veterinary
7medicine.
8    "Operator" means the proprietor or the agent of a
9proprietor of a horse-drawn carriage trade enterprise or a
10stable.
11    "Owner" means a person who is vested with the ownership,
12control, or title of a horse-drawn carriage trade, horse, or
13stable.
14    "Peace officer" has the meaning ascribed to it in Section
152-13 of the Criminal Code of 2012.
16    "Stable" means a barn, establishment, or similar
17appropriate facility where a horse is permanently or
18temporarily boarded, housed, or maintained.
 
19    Section 10. Regulation of horse-drawn carriage trade.
20    (a) It is unlawful to operate a horse-drawn carriage trade
21in this State without a license and an identification card
22issued by the Secretary of State.
23    (b) Upon application on a form devised by the Secretary of
24State and the payment of a fee not to exceed $100, a person may
25be issued a license to operate a horse-drawn carriage trade in

 

 

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1this State.
2    (c) Upon application on a form approved by the Secretary of
3State and the payment of a fee not to exceed $30, an owner,
4operator, or custodian may be issued an identification card for
5each horse used in the operation of a horse-drawn carriage
6trade in this State.
7    (d) A person may not drive or otherwise operate a carriage
8engaged in the horse-drawn carriage trade unless he or she:
9        (1) is at least 18 years of age;
10        (2) has received at least 35 hours of training in the
11    operation of a horse-drawn carriage as provided and
12    certified in writing by the owner or operator of a
13    horse-drawn carriage trade, 15 hours of which shall include
14    an apprenticeship under the supervision of a licensed
15    horse-drawn carriage driver;
16        (3) presents a statement from a licensed physician that
17    certifies that he or she is in good physical condition and
18    is free of visual impairment not corrected by eyeglasses or
19    contact lenses, epilepsy, vertigo, or other medical
20    disabilities which may substantially impair his or her
21    ability to operate a horse-drawn carriage or to control a
22    horse; and
23        (4) has completed a written examination approved by the
24    Secretary which includes, but is not limited to:
25            (A) knowledge of the traffic laws and regulations,
26        including passage of the written portion of the

 

 

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1        driver's license test;
2            (B) proper equine grooming, care, equipment,
3        nutrition, and first aid; and
4            (C) operation of a horse-drawn carriage.
5    (e) A person may not drive or operate a horse-drawn
6carriage on any public street in this State:
7        (1) between the hours of 5:00 a.m. and 10:00 a.m., on
8    Monday through Friday, excluding legal holidays;
9        (2) between the hours of 4:00 p.m. and 6:30 p.m., on
10    Monday through Friday, excluding legal holidays;    
11        (3) between the hours of 1:30 a.m. and 5:00 a.m. on any
12    day; and
13        (4) on any day or at any time that the Department of
14    State Police makes a specific determination that the
15    horse-drawn carriage trade would be inconsistent with
16    other special events or public safety requirements.
17    (f) The driver of a horse-drawn carriage shall:
18        (1) possess and display at all times his or her license
19    to operate a horse-drawn carriage in the front and
20    passenger compartments of the carriage;
21        (2) possess a valid identification card issued by the
22    Secretary of State;
23        (3) obey and observe all traffic laws;
24        (4) not smoke, eat, drink, or wear headphones while the
25    carriage is in motion;
26        (5) not drive the carriage at a speed that exceeds a

 

 

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1    walk, except as necessary to cross a traffic intersection
2    or to refrain from impeding traffic;
3        (6) leave the horse-drawn carriage unattended at any
4    time;
5        (7) not drive the carriage at any time when a passenger
6    is standing in the carriage or not seated securely inside
7    of the carriage;
8        (8) maintain both hands on the reins and be seated at
9    all times the carriage is in motion; and
10        (9) provide humane care and treatment of the horse
11    under his or her direct supervision and control at all
12    times.
 
13    Section 15. Examination of horses.
14    (a) The owner, operator, or custodian of each horse engaged
15in the horse-drawn carriage trade shall have the horse examined
16by a licensed veterinarian at intervals of not more than 12
17months.
18    (b) The examinations shall include, but not be limited to,
19the following:
20        (1) the general physical condition of the horse;
21        (2) an inspection of the eyes, teeth, legs, hooves,
22    shoes, and cardiovascular system of the horse;
23        (3) the stamina and physical ability of the horse to
24    engage in the horse-drawn carriage trade;
25        (4) an inspection for a recurrence of prior injuries;

 

 

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1    and
2        (5) an inspection for disease or other deficiencies.
3    (c) The examination shall include a certification from the
4licensed veterinarian that the horse is physically fit to
5engage in the horse-drawn carriage trade and is free of any
6disease or internal parasites. The certification shall be
7entered by the Secretary of State on the identification card.
 
8    Section 20. Identification card.
9    (a) The owner, operator, or custodian of a horse engaged in
10the horse-drawn carriage trade shall have available for
11immediate inspection by the Secretary of State or his or her
12designee, a police officer, or an animal control officer at all
13times when a horse is on any public street in this State, an
14identification card issued by the Secretary of State as defined
15in Section 5.
16    (b) In an instance when the owner rents, hires, or places
17the horse in the care or custody of another person, he or she
18shall provide that person with the identification card required
19by subsection (a).
20    (c) The Secretary of State shall certify the identification
21card following an examination of the horse by a licensed
22veterinarian.
 
23    Section 25. Care and use of horses in horse-drawn carriage
24trade.

 

 

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1    (a) An owner, operator, or custodian of a horse engaged in
2the horse-drawn carriage trade shall:
3        (1) not use, work, drive, ride, or require labor from a
4    horse for more than 8 hours in any 24 hour-period;
5        (2) provide for adequate rest periods for a horse
6    during the 8 hours of use;
7        (3) provide the horse with food and drinking water from
8    a clean container of sufficient size and in good condition
9    during regular intervals during the 8 hours of use;
10        (4) drape the body of the horse from forelegs to hind
11    legs with a warm covering during times of cold or inclement
12    weather;
13        (5) park the horse in an area of shade whenever
14    practicable during rest periods;
15        (6) not overdrive or overload a horse as evidenced by
16    physical stress, strain, or exhaustion of the horse; and
17        (7) not beat or prod a horse to maintain a fast gait in
18    any way that will cause pain or injury to the horse.
19    (b) An owner, operator, or custodian of a horse engaged in
20the horse-drawn carriage trade may not use a horse to draw a
21carriage unless the:
22        (1) horse is in good health in accordance with
23    standards established by the Secretary of State, in
24    consultation with the Department of Agriculture, by rule;
25        (2) horse weighs at least 1,100 pounds; and
26        (3) hooves of the horse are properly shod and trimmed

 

 

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1    utilizing rubber compound shoes on the front 2 hooves and
2    either rubber or open steel borium cork tip shoes on the 2
3    rear hooves.
 
4    Section 30. Horse-drawn carriages; requirements.
5    (a) An owner, operator, or custodian of a horse engaged in
6the horse-drawn carriage trade shall:
7        (1) provide that the carriage used is in good operating
8    condition, the axles are well-greased, and that all
9    operating mechanisms are in good working order;
10        (2) provide that the carriage is equipped with
11    hydraulic brakes in good working condition and set in a
12    locked position when the carriage is not in motion;
13        (3) provide that the saddle, harness, shoes, bridle,
14    and any other equipment for the horse fits properly, is in
15    good working condition, and will not cause injury or pain
16    to the horse;
17        (4) not use curb bits, twisted wire, twisted wire
18    snaffles, spurs, bucking straps, flank straps, or similar
19    devices;
20        (5) inspect daily all horses and equipment at the time
21    of departure from and return to the stable; and
22        (6) provide that all horses are equipped with a diaper
23    that is constructed of a sturdy material and is properly
24    fitted to the horse to ensure comfort.
25    (b) A carriage engaged in the horse-drawn carriage trade

 

 

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1may not be driven or operated on a public street in this State
2unless the owner or operator of the carriage has obtained a
3valid registration and metal license plate issued by the
4Secretary of State under a procedure and fees established by
5rule.
6    (c) A carriage used in the horse-drawn carriage trade
7shall:
8        (1) have conspicuously displayed on the rear of the
9    carriage at all times a valid license plate provided for in
10    subsection (b);
11        (2) be equipped with a slow-moving vehicle emblem to be
12    attached to the rear of the carriage;
13        (3) be maintained in a safe and sanitary condition;
14        (4) not drive or transport more than 6 passengers at
15    one time, excluding the driver or operator of the carriage;
16        (5) not drive or transport any person if a person other
17    than a licensed-driver or an apprenticed-driver is seated
18    in the driver's seat of the carriage; and
19        (6) not have any legend, slogan, logo, or other
20    exterior sign on the carriage, other than its legal license
21    plates and the name and telephone number of the horse-drawn
22    carriage in letters not to exceed 3 inches in height.
23    (d) The Secretary of State may, by rule, establish
24additional inspection requirements for a carriage and other
25equipment used in the horse-drawn carriage trade.
 

 

 

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1    Section 35. Horse-drawn carriages; weather conditions.
2    (a) An owner, operator, or custodian of a horse engaged in
3the horse-drawn carriage trade may not drive, use, or work a
4horse on a public street in this State during:
5        (1) periods when the temperature exceeds 89 degrees
6    Fahrenheit, as determined and announced by the National
7    Weather Service;
8        (2) periods when the temperature is below 25 degrees
9    Fahrenheit, as determined and announced by the National
10    Weather Service;
11        (3) periods when it is snowing; or
12        (4) other periods determined by the Department of State
13    Police, in consultation with the Department of
14    Agriculture, as being dangerous or unsuitable for travel
15    for horse-drawn carriages.
16    (b) A horse in use at the time described in subsection (a)
17shall be immediately returned by its owner, operator, or
18custodian by the most direct route to a stable.
 
19    Section 40. Horse stabling.
20    (a) The owner, operator, or custodian of a horse engaged in
21the horse-drawn carriage trade shall house, quarter, or
22maintain a horse in a lighted, clean, dry, and properly
23ventilated stable in which the horse shall be able to turn
24around easily in a stall.
25    (b) The owner, operator, or custodian of a horse engaged in

 

 

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1the horse-drawn carriage trade shall clean the stall in which a
2horse is housed, quartered, or maintained daily and shall
3provide sufficient bedding of straw, shavings, or other
4suitable hygienic material that shall be changed as often as
5necessary to maintain it in a clean and dry condition.
6    (c) The owner, operator, or custodian of a horse engaged in
7the horse-drawn carriage trade shall provide the stall in which
8the horse is housed, quartered, or maintained with clean, fresh
9water and with an adequate and substantial daily supply of hay
10and grain that is free from contamination and mold to meet the
11normal daily feeding requirements for the condition, size, and
12work schedule of the horse.
13    (d) The owner, operator, or custodian of a horse engaged in
14the horse-drawn carriage trade shall provide each stall with a
15clean block of salt at all times and blankets for the horse
16during cold weather periods as necessary.
17    (e) The full name, current business address, and business
18and home telephone numbers of the owner, operator, or custodian
19of a horse engaged in the horse-drawn carriage trade and the
20owner or operator of the stable shall be legibly stenciled and
21conspicuously displayed, in at least 2-inch lettering, on the
22exterior of the stable entrance for emergency purposes.
 
23    Section 45. Sick or injured horses.
24    (a) The owner, operator, or custodian of a horse engaged in
25the horse-drawn carriage trade that is in pain, sick, diseased,

 

 

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1lame, or injured shall take action to obtain immediate
2veterinary treatment, care, and attention for the horse.
3    (b) An injured, sick, diseased, or lame horse may not be
4sold or otherwise disposed of except in a humane manner.
5    (c) A person may not drive, use, or work an injured, sick,
6diseased, or lame horse in the horse-drawn carriage trade.
 
7    Section 50. Recordkeeping.
8    (a) The owner or operator of a horse-drawn carriage trade
9shall maintain or require his or her driver to maintain a daily
10record of travel for each carriage used, which shall include:
11        (1) the name of the driver;
12        (2) the driver's license number;
13        (3) the horse-drawn carriage trade license number;
14        (4) the identification card number of the horse that
15    hauls or pulls the carriage;
16        (5) the date;
17        (6) the hours of operation;
18        (7) the specific location, time, and number of
19    passengers for each ride in the carriage;
20        (8) the rest, water, and feeding times for the horse;
21    and
22        (9) a description of any and all traffic accidents.
23    (b) The owner or operator of a horse-drawn carriage trade
24shall maintain a complete log of all records at his or her
25place of business.
 

 

 

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1    Section 55. Penalties.
2    (a) A person who violates this Act is guilty of a petty
3offense and shall be fined up to $300 for the first offense and
4up to $500 for each subsequent offense.
5    (b) Any owner, operator, or custodian of a horse engaged in
6the horse-drawn carriage trade who causes serious intentional
7injury to the horse by neglect or inhumane treatment is guilty
8of a petty offense and shall be fined up to $2,500.
 
9    Section 60. Rulemaking. The Secretary of State, in
10consultation with the Department of Transportation, Department
11of State Police, the Department of Agriculture, and any other
12relevant State agency shall adopt rules necessary to implement
13the licensing and other provisions of this Act.