Loading ...
Sorry, an error occurred while loading the content.
 

IL Horse Transport Bills Introduced - Loophole Language Must Be Removed!

Expand Messages
  • Equine Protection Network, Inc
    Equine Protection Network www.equineprotectionnetwork.com November 2, 2007 Remember to Shop at IGive.com & the EPN Benefits! Two IL Horse Transport Bill
    Message 1 of 1 , Nov 7, 2007
      Equine Protection Network
      www.equineprotectionnetwork.com
      November 2, 2007

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

      Two IL Horse Transport Bill Introduced- Loophole Language Must Be
      Removed!

      The EPN applauds the introduction of the IL Horse Transport Bills by
      Rep.JoAnn Osmond (R) on November 1, 2007 and Rep Molaro on November
      2, 2007. Both bills have the same language except for penalties. In
      each bill each horse is a separate offense. The Molaro bill has
      stiffer penalties. Both bill have been referred to the Rules
      Committee. Osmond's bill has 4 co-sponosors. The following text is
      from the IL General Assembly website:

      http://www.ilga.gov/legislation/BillStatus.asp?
      DocNum=4162&GAID=9&DocTypeID=HB&LegId=34429&SessionID=51&GA=95

      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.

      Molaro Bill Penalties:

      (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.

      Osmond Bill Penalties:

      b) Any person that violates this Section shall be guilty
      12 of (i) a petty offense, subject to a fine of at least $500, per
      13 animal, for a first offense and (ii) a Class C misdemeanor,
      14 subject to a fine of at least $1,000, per animal, for all
      15 second or subsequent offenses


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

      The EPN appreciates the 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 Representatives Osmond and 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 Representatives Osmond and Molaro's
      offices 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 the loophole language will be removed from
      the IL Horse Transport Bill. The EPN looks forward to supporting the
      IL Horse Transport Bills once the loophole language has been removed.

      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 EPN's efforts to pass
      legislation that will prohibit the transport of equines in a
      trailer/vehicle with more than one level stacked on top of each
      other." If you are a resident of IL ask your representatives to urge
      removal of the loophole language; once the language is removed, then
      urge your representative to co-sponosor or support the IL Horse
      Transport Bills. Send your letters of support to the EPN, P.O. Box,
      232, Friedensburg, PA, 17933. The EPN will oppose vague and
      unenforceable language in any horse transport bill.


      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

      ###
    Your message has been successfully submitted and would be delivered to recipients shortly.