HB3339ham001 101ST GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 3/13/2019

10100HB3339ham001 LRB101 08839 SLF 57352 a

AMENDMENT TO HOUSE BILL 3339

AMENDMENT NO. ______. Amend House Bill 3339 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Horse Drawn Carriage Regulation and Safety Act.

Section 5. Definitions. In this Act:

"Carriage" means a device by which a person is transported or in which a person rides, for hire, and that is designed to be pulled or drawn by a horse in the horse-drawn carriage trade which includes a wagon, cart, vehicle, or similar transportation device.

"Custodian" means a person who has the immediate possession, bailment, custody, use, or control of a horse, which includes a driver.

"Driver" means a person licensed to drive, steer, transport, or operate a carriage or horse used in the horse-drawn carriage trade.

"Horse" means a large solid-hoofed herbivorous domesticated mammal or similar animal that belongs to the Equus caballus family and weighs at least 1,100 pounds, and that is used for the purpose of driving, pulling, or hauling a carriage, or for the purposes of a performance, not including any animal owned by the State or the United States government that is used solely for law enforcement purposes.

"Horse-drawn carriage trade" means a person or business that operates an enterprise, for hire, or as a contractual service, for the purpose of conveying persons or goods through the use of a horse to pull or haul a wagon, cart, carriage, vehicle, or similar device along the public streets in the State not including the use of a horse in a parade or in a funeral for which a permit is issued.

"Identification card" means a document created, supplied, and certified by the Department of Agriculture signed and dated by a licensed veterinarian which shall include:

(1) the date of the last physical examination of the horse;

(2) a description of the horse, including sex, age, height, color, markings, and any other information that may facilitate identification of the horse;

(3) the stamina and physical condition of the horse;

(4) any condition that might restrict or affect the use or movement of the horse;

(5) a photograph of the horse;

(6) an identification number;

(7) the name, address, and telephone number of the establishment where the horse is stabled; and

(8) the name, address, and telephone number of the owner of the horse.

"License" means a valid permit or other document issued by the Department of Agriculture to a person or business for the purpose of operating a horse-drawn carriage trade enterprise.

"Licensed veterinarian" means a veterinarian licensed under the Veterinary Medicine and Surgery Practice Act of 2004 in which he or she engages in the practice of veterinary medicine.

"Operator" means the proprietor or the agent of a proprietor of a horse-drawn carriage trade enterprise or a stable.

"Owner" means a person who is vested with the ownership, control, or title of a horse-drawn carriage trade, horse, or stable.

"Peace officer" has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.

"Stable" means a barn, establishment, or similar appropriate facility where a horse is permanently or temporarily boarded, housed, or maintained.

Section 10. Regulation of horse-drawn carriage trade.

(a) It is unlawful to operate a horse-drawn carriage trade in this State without a license and an identification card issued by the Department of Agriculture.

(b) Upon application on a form created by the Department of Agriculture and the payment of a fee not to exceed $100, a person may be issued a license to operate a horse-drawn carriage trade in this State.

(c) Upon application on a form approved by the Department of Agriculture and the payment of a fee not to exceed $30, an owner, operator, or custodian may be issued an identification card for each horse used in the operation of a horse-drawn carriage trade in this State.

(d) A person may not drive or otherwise operate a carriage engaged in the horse-drawn carriage trade unless he or she:

(1) is at least 18 years of age;

(2) has received at least 35 hours of training in the operation of a horse-drawn carriage as provided and certified in writing by the owner or operator of a horse-drawn carriage trade, 15 hours of which shall include an apprenticeship under the supervision of a licensed horse-drawn carriage driver;

(3) presents a statement from a licensed physician that certifies that he or she is in good physical condition and is free of visual impairment not corrected by eyeglasses or contact lenses, epilepsy, vertigo, or other medical disabilities which may substantially impair his or her ability to operate a horse-drawn carriage or to control a horse; and

(4) has completed a written examination approved by the Department of Agriculture which includes, but is not limited to:

(A) knowledge of the traffic laws and regulations, including passage of the written portion of the driver's license test;

(B) proper equine grooming, care, equipment, nutrition, and first aid; and

(C) operation of a horse-drawn carriage.

(e) A person may not drive or operate a horse-drawn carriage on any public street in this State:

(1) between the hours of 5:00 a.m. and 10:00 a.m., on Monday through Friday, excluding legal holidays;

(2) between the hours of 4:00 p.m. and 6:30 p.m., on Monday through Friday, excluding legal holidays;

(3) between the hours of 1:30 a.m. and 5:00 a.m. on any day; and

(4) on any day or at any time that the Department of State Police makes a specific determination that the horse-drawn carriage trade would be inconsistent with other special events or public safety requirements.

(f) The driver of a horse-drawn carriage shall:

(1) possess and display at all times his or her license to operate a horse-drawn carriage in the front and passenger compartments of the carriage;

(2) possess a valid identification card issued by the Department of Agriculture;

(3) obey and observe all traffic laws;

(4) not smoke, eat, drink, or wear headphones while the carriage is in motion;

(5) not drive the carriage at a speed that exceeds a walk, except as necessary to cross a traffic intersection or to refrain from impeding traffic;

(6) leave the horse-drawn carriage unattended at any time;

(7) not drive the carriage at any time when a passenger is standing in the carriage or not seated securely inside of the carriage;

(8) maintain both hands on the reins and be seated at all times the carriage is in motion; and

(9) provide humane care and treatment of the horse under his or her direct supervision and control at all times.

Section 15. Examination of horses.

(a) The owner, operator, or custodian of each horse engaged in the horse-drawn carriage trade shall have the horse examined by a licensed veterinarian at intervals of not more than 12 months.

(b) The examinations shall include, but not be limited to, the following:

(1) the general physical condition of the horse;

(2) an inspection of the eyes, teeth, legs, hooves, shoes, and cardiovascular system of the horse;

(3) the stamina and physical ability of the horse to engage in the horse-drawn carriage trade;

(4) an inspection for a recurrence of prior injuries; and

(5) an inspection for disease or other deficiencies.

(c) The examination shall include a certification from the licensed veterinarian that the horse is physically fit to engage in the horse-drawn carriage trade and is free of any disease or internal parasites. The certification shall be entered by the Department of Agriculture on the identification card.

Section 20. Identification card.

(a) The owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall have available for immediate inspection by the Department of Agriculture or his or her designee, a police officer, or an animal control officer at all times when a horse is on any public street in this State, an identification card issued by the Department of Agriculture as defined in Section 5.

(b) In an instance when the owner rents, hires, or places the horse in the care or custody of another person, he or she shall provide that person with the identification card required by subsection (a).

(c) The Department of Agriculture shall certify the identification card following an examination of the horse by a licensed veterinarian.

Section 25. Care and use of horses in horse-drawn carriage trade.

(a) An owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall:

(1) not use, work, drive, ride, or require labor from a horse for more than 8 hours in any 24 hour-period;

(2) provide for adequate rest periods for a horse during the 8 hours of use;

(3) provide the horse with food and drinking water from a clean container of sufficient size and in good condition during regular intervals during the 8 hours of use;

(4) drape the body of the horse from forelegs to hind legs with a warm covering during times of cold or inclement weather;

(5) park the horse in an area of shade whenever practicable during rest periods;

(6) not overdrive or overload a horse as evidenced by physical stress, strain, or exhaustion of the horse; and

(7) not beat or prod a horse to maintain a fast gait in any way that will cause pain or injury to the horse.

(b) An owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade may not use a horse to draw a carriage unless the:

(1) horse is in good health in accordance with standards established by the Department of Agriculture, by rule;

(2) horse weighs at least 1,100 pounds; and

(3) hooves of the horse are properly shod and trimmed utilizing rubber compound shoes on the front 2 hooves and either rubber or open steel borium cork tip shoes on the 2 rear hooves.

Section 30. Horse-drawn carriages; requirements.

(a) An owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall:

(1) provide that the carriage used is in good operating condition, the axles are well-greased, and that all operating mechanisms are in good working order;

(2) provide that the carriage is equipped with hydraulic brakes in good working condition and set in a locked position when the carriage is not in motion;

(3) provide that the saddle, harness, shoes, bridle, and any other equipment for the horse fits properly, is in good working condition, and will not cause injury or pain to the horse;

(4) not use curb bits, twisted wire, twisted wire snaffles, spurs, bucking straps, flank straps, or similar devices;

(5) inspect daily all horses and equipment at the time of departure from and return to the stable; and

(6) provide that all horses are equipped with a diaper that is constructed of a sturdy material and is properly fitted to the horse to ensure comfort.

(b) A carriage engaged in the horse-drawn carriage trade may not be driven or operated on a public street in this State unless the owner or operator of the carriage has obtained a valid registration and metal license plate issued by the Department of Agriculture under a procedure and fees established by rule.

(c) A carriage used in the horse-drawn carriage trade shall:

(1) have conspicuously displayed on the rear of the carriage at all times a valid license plate provided for in subsection (b);

(2) be equipped with a slow-moving vehicle emblem to be attached to the rear of the carriage;

(3) be maintained in a safe and sanitary condition;

(4) not drive or transport more than 6 passengers at one time, excluding the driver or operator of the carriage;

(5) not drive or transport any person if a person other than a licensed-driver or an apprenticed-driver is seated in the driver's seat of the carriage; and

(6) not have any legend, slogan, logo, or other exterior sign on the carriage, other than its legal license plates and the name and telephone number of the horse-drawn carriage in letters not to exceed 3 inches in height.

(d) The Department of Agriculture may, by rule, establish additional inspection requirements for a carriage and other equipment used in the horse-drawn carriage trade.

Section 35. Horse-drawn carriages; weather conditions.

(a) An owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade may not drive, use, or work a horse on a public street in this State during:

(1) periods when the heat index exceeds 89 degrees Fahrenheit, as determined and announced by the National Weather Service;

(2) periods when the wind chill is below 25 degrees Fahrenheit, as determined and announced by the National Weather Service;

(3) periods when it is snowing; or

(4) other periods determined by the Department of State Police, in consultation with the Department of Agriculture, as being dangerous or unsuitable for travel for horse-drawn carriages.

(b) A horse in use at the time described in subsection (a) shall be immediately returned by its owner, operator, or custodian by the most direct route to a stable.

Section 40. Horse stabling.

(a) The owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall house, quarter, or maintain a horse in a lighted, clean, dry, and properly ventilated stable in which the horse shall be able to turn around easily in a stall.

(b) The owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall clean the stall in which a horse is housed, quartered, or maintained daily and shall provide sufficient bedding of straw, shavings, or other suitable hygienic material that shall be changed as often as necessary to maintain it in a clean and dry condition.

(c) The owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall provide the stall in which the horse is housed, quartered, or maintained with clean, fresh water and with an adequate and substantial daily supply of hay and grain that is free from contamination and mold to meet the normal daily feeding requirements for the condition, size, and work schedule of the horse.

(d) The owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade shall provide each stall with a clean block of salt at all times and blankets for the horse during cold weather periods as necessary.

(e) The full name, current business address, and business and home telephone numbers of the owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade and the owner or operator of the stable shall be legibly stenciled and conspicuously displayed, in at least 2-inch lettering, on the exterior of the stable entrance for emergency purposes.

Section 45. Sick or injured horses.

(a) The owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade that is in pain, sick, diseased, lame, or injured shall take action to obtain immediate veterinary treatment, care, and attention for the horse.

(b) An injured, sick, diseased, or lame horse may not be sold or otherwise disposed of except in a humane manner.

(c) A person may not drive, use, or work an injured, sick, diseased, or lame horse in the horse-drawn carriage trade.

Section 50. Recordkeeping.

(a) The owner or operator of a horse-drawn carriage trade shall maintain or require his or her driver to maintain a daily record of travel for each carriage used, which shall include:

(1) the name of the driver;

(2) the driver's license number;

(3) the horse-drawn carriage trade license number;

(4) the identification card number of the horse that hauls or pulls the carriage;

(5) the date;

(6) the hours of operation;

(7) the specific location, time, and number of passengers for each ride in the carriage;

(8) the rest, water, and feeding times for the horse; and

(9) a description of any and all traffic accidents.

(b) The owner or operator of a horse-drawn carriage trade shall maintain a complete log of all records at his or her place of business.

Section 55. Penalties.

(a) A person who violates this Act is guilty of a petty offense and shall be fined up to $300 for the first offense and up to $500 for each subsequent offense.

(b) Any owner, operator, or custodian of a horse engaged in the horse-drawn carriage trade who causes serious intentional injury to the horse by neglect or inhumane treatment is guilty of a petty offense and shall be fined up to $2,500.

Section 60. Rulemaking. The Department of Agriculture, in consultation with the Department of Transportation, Department of State Police, and any other relevant State agency shall adopt rules necessary to implement the licensing and other provisions of this Act.".