Full Text of HB3339 101st General Assembly
HB3339ham001 101ST GENERAL ASSEMBLY | Rep. Robert Rita Filed: 3/13/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3339
| 2 | | AMENDMENT NO. ______. Amend House Bill 3339 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Horse | 5 | | Drawn Carriage Regulation and Safety Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Carriage" means a device by which a person is transported | 8 | | or in which a person rides, for hire, and that is designed to | 9 | | be pulled or drawn by a horse in the horse-drawn carriage trade | 10 | | which includes a wagon, cart, vehicle, or similar | 11 | | transportation device. | 12 | | "Custodian" means a person who has the immediate | 13 | | possession, bailment, custody, use, or control of a horse, | 14 | | which includes a driver. | 15 | | "Driver" means a person licensed to drive, steer, | 16 | | transport, or operate a carriage or horse used in the |
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| 1 | | horse-drawn carriage trade. | 2 | | "Horse" means a large solid-hoofed herbivorous | 3 | | domesticated mammal or similar animal that belongs to the Equus | 4 | | caballus family and weighs at least 1,100 pounds, and that is | 5 | | used for the purpose of driving, pulling, or hauling a | 6 | | carriage, or for the purposes of a performance, not including | 7 | | any animal owned by the State or the United States government | 8 | | that is used solely for law enforcement purposes. | 9 | | "Horse-drawn carriage trade" means a person or business | 10 | | that operates an enterprise, for hire, or as a contractual | 11 | | service, for the purpose of conveying persons or goods through | 12 | | the use of a horse to pull or haul a wagon, cart, carriage, | 13 | | vehicle, or similar device along the public streets in the | 14 | | State not including the use of a horse in a parade or in a | 15 | | funeral for which a permit is issued. | 16 | | "Identification card" means a document created, supplied, | 17 | | and certified by the Department of Agriculture signed and dated | 18 | | by a licensed veterinarian which shall include: | 19 | | (1) the date of the last physical examination of the | 20 | | horse; | 21 | | (2) a description of the horse, including sex, age, | 22 | | height, color, markings, and any other information that may | 23 | | facilitate identification of the horse; | 24 | | (3) the stamina and physical condition of the horse; | 25 | | (4) any condition that might restrict or affect the use | 26 | | or movement of the horse; |
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| 1 | | (5) a photograph of the horse; | 2 | | (6) an identification number; | 3 | | (7) the name, address, and telephone number of the | 4 | | establishment where the horse is stabled; and | 5 | | (8) the name, address, and telephone number of the | 6 | | owner of the horse. | 7 | | "License" means a valid permit or other document issued by | 8 | | the Department of Agriculture to a person or business for the | 9 | | purpose of operating a horse-drawn carriage trade enterprise. | 10 | | "Licensed veterinarian" means a veterinarian licensed | 11 | | under the Veterinary Medicine and Surgery Practice Act of 2004 | 12 | | in which he or she engages in the practice of veterinary | 13 | | medicine. | 14 | | "Operator" means the proprietor or the agent of a | 15 | | proprietor of a horse-drawn carriage trade enterprise or a | 16 | | stable. | 17 | | "Owner" means a person who is vested with the ownership, | 18 | | control, or title of a horse-drawn carriage trade, horse, or | 19 | | stable. | 20 | | "Peace officer" has the meaning ascribed to it in Section | 21 | | 2-13 of the Criminal Code of 2012. | 22 | | "Stable" means a barn, establishment, or similar | 23 | | appropriate facility where a horse is permanently or | 24 | | temporarily boarded, housed, or maintained. | 25 | | Section 10. Regulation of horse-drawn carriage trade. |
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| 1 | | (a) It is unlawful to operate a horse-drawn carriage trade | 2 | | in this State without a license and an identification card | 3 | | issued by the Department of Agriculture. | 4 | | (b) Upon application on a form created by the Department of | 5 | | Agriculture and the payment of a fee not to exceed $100, a | 6 | | person may be issued a license to operate a horse-drawn | 7 | | carriage trade in this State. | 8 | | (c) Upon application on a form approved by the Department | 9 | | of Agriculture and the payment of a fee not to exceed $30, an | 10 | | owner, operator, or custodian may be issued an identification | 11 | | card for each horse used in the operation of a horse-drawn | 12 | | carriage trade in this State. | 13 | | (d) A person may not drive or otherwise operate a carriage | 14 | | engaged in the horse-drawn carriage trade unless he or she: | 15 | | (1) is at least 18 years of age; | 16 | | (2) has received at least 35 hours of training in the | 17 | | operation of a horse-drawn carriage as provided and | 18 | | certified in writing by the owner or operator of a | 19 | | horse-drawn carriage trade, 15 hours of which shall include | 20 | | an apprenticeship under the supervision of a licensed | 21 | | horse-drawn carriage driver; | 22 | | (3) presents a statement from a licensed physician that | 23 | | certifies that he or she is in good physical condition and | 24 | | is free of visual impairment not corrected by eyeglasses or | 25 | | contact lenses, epilepsy, vertigo, or other medical | 26 | | disabilities which may substantially impair his or her |
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| 1 | | ability to operate a horse-drawn carriage or to control a | 2 | | horse; and | 3 | | (4) has completed a written examination approved by the | 4 | | Department of Agriculture which includes, but is not | 5 | | limited to: | 6 | | (A) knowledge of the traffic laws and regulations, | 7 | | including passage of the written portion of the | 8 | | driver's license test; | 9 | | (B) proper equine grooming, care, equipment, | 10 | | nutrition, and first aid; and | 11 | | (C) operation of a horse-drawn carriage. | 12 | | (e) A person may not drive or operate a horse-drawn | 13 | | carriage on any public street in this State: | 14 | | (1) between the hours of 5:00 a.m. and 10:00 a.m., on | 15 | | Monday through Friday, excluding legal holidays; | 16 | | (2) between the hours of 4:00 p.m. and 6:30 p.m., on | 17 | | Monday through Friday, excluding legal holidays; | 18 | | (3) between the hours of 1:30 a.m. and 5:00 a.m. on any | 19 | | day; and | 20 | | (4) on any day or at any time that the Department of | 21 | | State Police makes a specific determination that the | 22 | | horse-drawn carriage trade would be inconsistent with | 23 | | other special events or public safety requirements. | 24 | | (f) The driver of a horse-drawn carriage shall: | 25 | | (1) possess and display at all times his or her license | 26 | | to operate a horse-drawn carriage in the front and |
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| 1 | | passenger compartments of the carriage; | 2 | | (2) possess a valid identification card issued by the | 3 | | Department of Agriculture; | 4 | | (3) obey and observe all traffic laws; | 5 | | (4) not smoke, eat, drink, or wear headphones while the | 6 | | carriage is in motion; | 7 | | (5) not drive the carriage at a speed that exceeds a | 8 | | walk, except as necessary to cross a traffic intersection | 9 | | or to refrain from impeding traffic; | 10 | | (6) leave the horse-drawn carriage unattended at any | 11 | | time; | 12 | | (7) not drive the carriage at any time when a passenger | 13 | | is standing in the carriage or not seated securely inside | 14 | | of the carriage; | 15 | | (8) maintain both hands on the reins and be seated at | 16 | | all times the carriage is in motion; and | 17 | | (9) provide humane care and treatment of the horse | 18 | | under his or her direct supervision and control at all | 19 | | times. | 20 | | Section 15. Examination of horses. | 21 | | (a) The owner, operator, or custodian of each horse engaged | 22 | | in the horse-drawn carriage trade shall have the horse examined | 23 | | by a licensed veterinarian at intervals of not more than 12 | 24 | | months. | 25 | | (b) The examinations shall include, but not be limited to, |
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| 1 | | the following: | 2 | | (1) the general physical condition of the horse; | 3 | | (2) an inspection of the eyes, teeth, legs, hooves, | 4 | | shoes, and cardiovascular system of the horse; | 5 | | (3) the stamina and physical ability of the horse to | 6 | | engage in the horse-drawn carriage trade; | 7 | | (4) an inspection for a recurrence of prior injuries; | 8 | | and | 9 | | (5) an inspection for disease or other deficiencies. | 10 | | (c) The examination shall include a certification from the | 11 | | licensed veterinarian that the horse is physically fit to | 12 | | engage in the horse-drawn carriage trade and is free of any | 13 | | disease or internal parasites. The certification shall be | 14 | | entered by the Department of Agriculture on the identification | 15 | | card. | 16 | | Section 20. Identification card. | 17 | | (a) The owner, operator, or custodian of a horse engaged in | 18 | | the horse-drawn carriage trade shall have available for | 19 | | immediate inspection by the Department of Agriculture or his or | 20 | | her designee, a police officer, or an animal control officer at | 21 | | all times when a horse is on any public street in this State, | 22 | | an identification card issued by the Department of Agriculture | 23 | | as defined in Section 5. | 24 | | (b) In an instance when the owner rents, hires, or places | 25 | | the horse in the care or custody of another person, he or she |
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| 1 | | shall provide that person with the identification card required | 2 | | by subsection (a). | 3 | | (c) The Department of Agriculture shall certify the | 4 | | identification card following an examination of the horse by a | 5 | | licensed veterinarian. | 6 | | Section 25. Care and use of horses in horse-drawn carriage | 7 | | trade. | 8 | | (a) An owner, operator, or custodian of a horse engaged in | 9 | | the horse-drawn carriage trade shall: | 10 | | (1) not use, work, drive, ride, or require labor from a | 11 | | horse for more than 8 hours in any 24 hour-period; | 12 | | (2) provide for adequate rest periods for a horse | 13 | | during the 8 hours of use; | 14 | | (3) provide the horse with food and drinking water from | 15 | | a clean container of sufficient size and in good condition | 16 | | during regular intervals during the 8 hours of use; | 17 | | (4) drape the body of the horse from forelegs to hind | 18 | | legs with a warm covering during times of cold or inclement | 19 | | weather; | 20 | | (5) park the horse in an area of shade whenever | 21 | | practicable during rest periods; | 22 | | (6) not overdrive or overload a horse as evidenced by | 23 | | physical stress, strain, or exhaustion of the horse; and | 24 | | (7) not beat or prod a horse to maintain a fast gait in | 25 | | any way that will cause pain or injury to the horse. |
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| 1 | | (b) An owner, operator, or custodian of a horse engaged in | 2 | | the horse-drawn carriage trade may not use a horse to draw a | 3 | | carriage unless the: | 4 | | (1) horse is in good health in accordance with | 5 | | standards established by the Department of Agriculture, by | 6 | | rule; | 7 | | (2) horse weighs at least 1,100 pounds; and | 8 | | (3) hooves of the horse are properly shod and trimmed | 9 | | utilizing rubber compound shoes on the front 2 hooves and | 10 | | either rubber or open steel borium cork tip shoes on the 2 | 11 | | rear hooves. | 12 | | Section 30. Horse-drawn carriages; requirements. | 13 | | (a) An owner, operator, or custodian of a horse engaged in | 14 | | the horse-drawn carriage trade shall: | 15 | | (1) provide that the carriage used is in good operating | 16 | | condition, the axles are well-greased, and that all | 17 | | operating mechanisms are in good working order; | 18 | | (2) provide that the carriage is equipped with | 19 | | hydraulic brakes in good working condition and set in a | 20 | | locked position when the carriage is not in motion; | 21 | | (3) provide that the saddle, harness, shoes, bridle, | 22 | | and any other equipment for the horse fits properly, is in | 23 | | good working condition, and will not cause injury or pain | 24 | | to the horse; | 25 | | (4) not use curb bits, twisted wire, twisted wire |
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| 1 | | snaffles, spurs, bucking straps, flank straps, or similar | 2 | | devices; | 3 | | (5) inspect daily all horses and equipment at the time | 4 | | of departure from and return to the stable; and | 5 | | (6) provide that all horses are equipped with a diaper | 6 | | that is constructed of a sturdy material and is properly | 7 | | fitted to the horse to ensure comfort. | 8 | | (b) A carriage engaged in the horse-drawn carriage trade | 9 | | may not be driven or operated on a public street in this State | 10 | | unless the owner or operator of the carriage has obtained a | 11 | | valid registration and metal license plate issued by the | 12 | | Department of Agriculture under a procedure and fees | 13 | | established by rule. | 14 | | (c) A carriage used in the horse-drawn carriage trade | 15 | | shall: | 16 | | (1) have conspicuously displayed on the rear of the | 17 | | carriage at all times a valid license plate provided for in | 18 | | subsection (b); | 19 | | (2) be equipped with a slow-moving vehicle emblem to be | 20 | | attached to the rear of the carriage; | 21 | | (3) be maintained in a safe and sanitary condition; | 22 | | (4) not drive or transport more than 6 passengers at | 23 | | one time, excluding the driver or operator of the carriage; | 24 | | (5) not drive or transport any person if a person other | 25 | | than a licensed-driver or an apprenticed-driver is seated | 26 | | in the driver's seat of the carriage; and |
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| 1 | | (6) not have any legend, slogan, logo, or other | 2 | | exterior sign on the carriage, other than its legal license | 3 | | plates and the name and telephone number of the horse-drawn | 4 | | carriage in letters not to exceed 3 inches in height. | 5 | | (d) The Department of Agriculture may, by rule, establish | 6 | | additional inspection requirements for a carriage and other | 7 | | equipment used in the horse-drawn carriage trade. | 8 | | Section 35. Horse-drawn carriages; weather conditions. | 9 | | (a) An owner, operator, or custodian of a horse engaged in | 10 | | the horse-drawn carriage trade may not drive, use, or work a | 11 | | horse on a public street in this State during: | 12 | | (1) periods when the heat index exceeds 89 degrees | 13 | | Fahrenheit, as determined and announced by the National | 14 | | Weather Service; | 15 | | (2) periods when the wind chill is below 25 degrees | 16 | | Fahrenheit, as determined and announced by the National | 17 | | Weather Service; | 18 | | (3) periods when it is snowing; or | 19 | | (4) other periods determined by the Department of State | 20 | | Police, in consultation with the Department of | 21 | | Agriculture, as being dangerous or unsuitable for travel | 22 | | for horse-drawn carriages. | 23 | | (b) A horse in use at the time described in subsection (a) | 24 | | shall be immediately returned by its owner, operator, or | 25 | | custodian by the most direct route to a stable. |
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| 1 | | Section 40. Horse stabling. | 2 | | (a) The owner, operator, or custodian of a horse engaged in | 3 | | the horse-drawn carriage trade shall house, quarter, or | 4 | | maintain a horse in a lighted, clean, dry, and properly | 5 | | ventilated stable in which the horse shall be able to turn | 6 | | around easily in a stall. | 7 | | (b) The owner, operator, or custodian of a horse engaged in | 8 | | the horse-drawn carriage trade shall clean the stall in which a | 9 | | horse is housed, quartered, or maintained daily and shall | 10 | | provide sufficient bedding of straw, shavings, or other | 11 | | suitable hygienic material that shall be changed as often as | 12 | | necessary to maintain it in a clean and dry condition. | 13 | | (c) The owner, operator, or custodian of a horse engaged in | 14 | | the horse-drawn carriage trade shall provide the stall in which | 15 | | the horse is housed, quartered, or maintained with clean, fresh | 16 | | water and with an adequate and substantial daily supply of hay | 17 | | and grain that is free from contamination and mold to meet the | 18 | | normal daily feeding requirements for the condition, size, and | 19 | | work schedule of the horse. | 20 | | (d) The owner, operator, or custodian of a horse engaged in | 21 | | the horse-drawn carriage trade shall provide each stall with a | 22 | | clean block of salt at all times and blankets for the horse | 23 | | during cold weather periods as necessary. | 24 | | (e) The full name, current business address, and business | 25 | | and home telephone numbers of the owner, operator, or custodian |
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| 1 | | of a horse engaged in the horse-drawn carriage trade and the | 2 | | owner or operator of the stable shall be legibly stenciled and | 3 | | conspicuously displayed, in at least 2-inch lettering, on the | 4 | | exterior of the stable entrance for emergency purposes. | 5 | | Section 45. Sick or injured horses. | 6 | | (a) The owner, operator, or custodian of a horse engaged in | 7 | | the horse-drawn carriage trade that is in pain, sick, diseased, | 8 | | lame, or injured shall take action to obtain immediate | 9 | | veterinary treatment, care, and attention for the horse. | 10 | | (b) An injured, sick, diseased, or lame horse may not be | 11 | | sold or otherwise disposed of except in a humane manner. | 12 | | (c) A person may not drive, use, or work an injured, sick, | 13 | | diseased, or lame horse in the horse-drawn carriage trade. | 14 | | Section 50. Recordkeeping. | 15 | | (a) The owner or operator of a horse-drawn carriage trade | 16 | | shall maintain or require his or her driver to maintain a daily | 17 | | record of travel for each carriage used, which shall include: | 18 | | (1) the name of the driver; | 19 | | (2) the driver's license number; | 20 | | (3) the horse-drawn carriage trade license number; | 21 | | (4) the identification card number of the horse that | 22 | | hauls or pulls the carriage; | 23 | | (5) the date; | 24 | | (6) the hours of operation; |
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| 1 | | (7) the specific location, time, and number of | 2 | | passengers for each ride in the carriage; | 3 | | (8) the rest, water, and feeding times for the horse; | 4 | | and | 5 | | (9) a description of any and all traffic accidents. | 6 | | (b) The owner or operator of a horse-drawn carriage trade | 7 | | shall maintain a complete log of all records at his or her | 8 | | place of business. | 9 | | Section 55. Penalties. | 10 | | (a) A person who violates this Act is guilty of a petty | 11 | | offense and shall be fined up to $300 for the first offense and | 12 | | up to $500 for each subsequent offense. | 13 | | (b) Any owner, operator, or custodian of a horse engaged in | 14 | | the horse-drawn carriage trade who causes serious intentional | 15 | | injury to the horse by neglect or inhumane treatment is guilty | 16 | | of a petty offense and shall be fined up to $2,500. | 17 | | Section 60. Rulemaking. The Department of Agriculture, in | 18 | | consultation with the Department of Transportation, Department | 19 | | of State Police, and any other relevant State agency shall | 20 | | adopt rules necessary to implement the licensing and other | 21 | | provisions of this Act.".
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