Horses

Summary: Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.

Summary: In recent years, the equine industry has become concerned by court decisions which undermine the traditional view that persons who participate in horseback riding activities assume the risk of any injury they incur. Ms. McEvoy examines significant cases and state statutes designed to meet the challenges posed by these decisions, as well as the legislative history behind a Connecticut statute.

Summary: The law regarding animals can also affect those who own, use, or enjoy them. In recent years, the equine industry has become more vulnerable to liability as a result of recent court decisions undermining the traditional view that persons who participate in horseback riding assume the risk of injuries they incur. This paper examines six significant cases, as well as statutes passed by state legislatures to meet the challenges posed by these decisions. The legislative history and debate over the passage of a Connecticut bill are examined to illustrate the policy behind equine liability acts.

Summary: This report contains brief summaries of federal animal protection statutes, from the African Elephant Conservation Act to the Wild Free-Roaming Horses and Burros Act. While not including treaties, it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates. Among recent statutes included in the report are the 1992 and 1994 amendments to the Marine Mammal Protection Act of 1972, section 404C of the Public Health Service Act, the 1994 amendments to the TwentyEight Hour Law, and the Wild Bird Conservation Act of 1992.

Summary: The iconic status of the horse in Kentucky belies the bitter reality faced by the vast majority of horses in that state. This Article explains how multiple aspects of the current law enforcement system in the state permit the persistent failure to protect horses against gross neglect and abuse, as exemplified in particular by two case studies. The Kentucky Equine Health and Welfare Council, a legislative construct promoted by its backers as a unique safeguard for Kentucky horses, was in fact ill-suited ab initio for this role and has proved uninterested in it. Although there is no legislative cure for indifference on the part of those charged with enforcing laws against neglect and abuse, there are a number of legislative changes that would improve the now lamentable odds faced by Kentucky's horses. These changes, discussed in Part IV of this Article, are designed to increase the likelihood of action being taken against an offender, including through civil as well as criminal proceedings; secure immediate care for horses which have been victimized and prevent recidivism by offenders; increase the severity of the offense; dampen the current robust market for slaughter horses, and fund the costs inherent in creating a more effective enforcement system. All of the changes proposed are already law in at least some other states-in some instances in many other states--and these existing laws offer a ready model for Kentucky to follow if it so chooses. Although the focus of this Article is on Kentucky, all the legislative recommendations made are more broadly applicable to any state which does not yet have a statute as proposed in place.

Summary: A person or business organization must have a license in order to conduct a races. The Commissioner of Consumer Protection is the one who grants the licenses. Each town must hold an election approving racing and pari-mutuel wagering in order for a license to be issued. The Commissioner may order random urine testing of race dogs. The Commissioner is also allowed to conduct investigations and hearings in order to carry out the provisions of this statute and is responsible for adopting regulations.

Summary: Oregon created a Racing Commission that has the authority license, regulate, and supervise all race meets within the state and shall cause the race tracks that hold races to be inspected at least once each fiscal year. A race meet is not to be held unless a license is obtained from the Oregon Racing Commission. All employees of the race track as well as any public training facility or kennel for greyhounds involved in racing are also required to obtain a license from the Commission prior to engaging in their duties. The Commission may require each applicant to obtain a recommendation in writing of the board of county commissioners of the county in the event a race meet is to be held outside of a city and of the governing body of such city if the race meet is to be held within a city. The Commission is tasked with determining the number and classes of race meets to be held in any fiscal year and the total number of racing dates to be granted to a licensee, not to exceed 350 days in any metropolitan area in any fiscal year. The Commission is entitled to require chemical testing of the urine, blood, saliva, or other bodily substances of animals participating in races. Animals are prohibited from participating in races if they have been administered a drug that is prohibited by the Commission, prohibited drugs have been detected in the animal's system, and the animal has been stimulated or depressed in any way by a mechanical device not sanctioned by the Commission.

Summary: This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance.

Summary: This statute creates the Kansas Racing and Gaming Commission. The Commission has the power to observe and inspect all racetracks and is responsible for promulgating regulations including regulations establishing what drugs and at what levels are allowable in the blood or urine of horses and greyhounds. The statute specifies age limits for horses and greyhounds to be able to race. Horses cannot compete until they reach 2 years of age. Greyhounds cannot compete in a race until they reach the age of 15 months. In order to construct or own a racetrack facility a license must be obtained from the Commission.

Summary: Wisconsin's department of administration is responsible for issuing licenses for occupations of participants in horse racing and dog racing. In order to own and operate a racetrack where pari-mutuel wagering is conducted a license must be obtained. Before a license is obtained, a public hearing must be held and the city in which the racetrack is to operate must adopt the resolution. The Department is required to appoint an administrator that has experience in gaming management and knowledge of animal racing and pari-mutuel wagering. Greyhounds are required to be registered with the National Greyhound Association of Abilene, Kansas in order to enter into a race. This statute also prohibits the use of live lure or bait in the training of race dogs. A dog may not be entered into a race if it was trained with live bait.