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IL Horse Transport Law Introduced! IL HB4166

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  • Equine Protection Network, Inc
    Equine Protection Network www.equineprotectionnetwork.com November 2, 2007 Remember to Shop at IGive.com & the EPN Benefits! IL Horse Transport Bill Introduced
    Message 1 of 1 , Nov 2, 2007
      Equine Protection Network
      www.equineprotectionnetwork.com
      November 2, 2007

      Remember to Shop at IGive.com & the EPN Benefits!

      IL Horse Transport Bill Introduced

      The EPN applauds the introduction of the IL Horse Transport Law by
      Rep. Robert S. Molaro on November 2, 2007. The following text is from
      the IL General Assembly website:

      http://www.ilga.gov/legislation/fulltext.asp?
      DocName=&SessionId=51&GA=95&DocTypeId=HB&DocNum=4166&GAID=9&LegID=3444
      2&SpecSess=&Session=

      SYNOPSIS AS INTRODUCED:

      Amends the Humane Care for Animals Act. Provides that no person
      may transport any equidae in a vehicle or trailer containing 2 or
      more levels of equidae, one on top of the other. Sets out penalties
      for the illegal transport of equidae. Effective immediately.

      AN ACT concerning animals.

      Be it enacted by the People of the State of Illinois,
      represented in the General Assembly:

      Section 5. The Humane Care for Animals Act is amended by
      adding Section 7.2 as follows:

      (510 ILCS 70/7.2 new)
      Sec. 7.2. Transport of horses.
      (a) No person may transport any equidae in a vehicle or trailer
      containing 2 or more
      levels of equidae,

      one on top of the other.

      (b) Any person that violates this Section shall be guilty of (i) a
      Class B misdemeanor for the first offense and (ii) a Class 4 felony
      for all second or subsequent offenses. Each violation of this Section
      constitutes a separate offense.

      Section 99. Effective date. This Act takes effect upon becoming
      law.

      The EPN appreciates Rep Molaro swift introduction of this much-needed
      legislation in wake of the crash in Wasdsworth, IL on October 27,
      2007 that killed 14 horses at the scene and several more euthanized
      since the accident out of 59 on the trailer.

      The EPN has contacted Rep Molaro expressing our appreciation for the
      swift introduction of legislation with specific language that has
      strong penalties that apply to each horse.

      The EPN has recommended to Rep Molaro's office that the two
      words, "of equidae" following "levels", and before "one" be removed
      to prevent a loophole in the IL Horse Transport Law, similar to the
      one Arlow Kiehl used in New York State for several years. Kiehl
      avoided prosecution and was able to enter plea agreements that
      reduced his fine significantly. In some cases, Kiehl faced possible
      fines of close to $40,000, but due to the loophole, he was able to
      enter a plea agreement resulting in a $300.00 fine.

      Kiehl argued to the NY State Police, NYSP, and District Attorneys on
      several occasions, that because he only had horses on one level of
      the double deck trailer, NY law did not apply. At the time NY law
      stated,
      "Every vehicle utilized for the transportation of more than six
      horses over a highway shall have no more than one tier holding
      animals in the compartment containing horses.

      NY closed this loophole in 2002 by passing Act 191 removing the
      language, "holding animals in the compartment containing horses". To
      close the potential loophole in IL, the words, "of equidae" need to
      be removed. For more information on passage of Act 191:

      Governor Pataki Signs Bill, Closes "Loophole" in NY Horse Transport
      Law

      http://www.equineprotectionnetwork.com/press/prny.htm

      The EPN is confident that Rep Molaro will remove this language from
      the IL Horse Transport Bill. The EPN looks forward to supporting the
      IL Horse Transport Bill and working with Rep Molaro and the people of
      Illinois to gather support for swift passage.

      IL will join the ranks of PA, NY, VT, and MA with Horse Transport
      Laws banning the use of double deck trailers to transport any horse
      no matter what its final destination. CT, VA, and MN have regulations
      regarding the use of double deckers to transport any horse. AZ and CA
      prohibit their use for slaughter horses. The Commercial
      Transportation of Horses to Slaughter Regulations has civil penalties
      and is enforced by the USDA.

      If you are a member of a national organization, please contact your
      leaders and ask them to support the IL Horse Transport Law with no
      amendments. (We are confident Rep Molaro will remove the loophole
      language). They can send their support to Rep Molaro, 245-E Stratton
      Office Building, Springfield, IL 62706 or to the EPN, P.O. Box, 232,
      Friedensburg, PA, 17933. We will deliver letters of support to Rep
      Molaro.

      For more information on doubles, including state laws, Horse
      Transport Law Cards to carry in your car, arrests and convictions,
      news stories, accidents reports and photos, diagrams and photos
      explaining the loading, the federal regulations and violation
      reports, and investigations in transport in double deck trailers,
      visit the EPN's Horse Transport Section of our website:

      http://www.equineprotectionnetwork.com/transport/transportindex.htm
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