Equine Protection Network
www.equineprotectionnetwork.com
November 2, 2007

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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

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