,,ii #aacth ,,congress #ast ,session ,s4 #adjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjac ,ms4 ,ayotte 7for herself and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,horse ,protection ,act to designate additional unlawful acts under the ,act1 strengthen penalties for violations of the ,act1 improve ,department of ,agriculture enforcement of the ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prevent ,all ,soring ,tactics ,act of #bjac or the ,,past ,act4 #b4 ,increased enforcement under ,horse ,protection ,act 7a7 ,definitions ,section #b of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahba7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as paragraphs 7#b71 7#d71 7#e71 and 7#f7 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,action device 7,a7 ,in general ,the term action device means any boot1 collar1 chain1 roller1 or other device that encircles or is placed upon the lower extremity of the leg of a horse in a manner that it can-- 7i7 rotate around the leg or slide up and down the leg1 so as to cause friction2 or 7ii7 strike the hoof1 coronet band1 fetlock joint1 or pastern of the horse4 7,b7 ,exclusion ,the term action device does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices4 2 and 7#c7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,participate 7,a7 ,in general ,the term participate means to engage in any activity with respect to a horse show1 horse exhibition1 or horse sale or auction1 including-- 7i7 transporting or arranging for the transportation of a horse to or from a horse show1 horse exhibition1 or horse sale or auction2 7ii7 personally giving instructions to an exhibitor2 or 7iii7 being knowingly present in a warm-up area1 inspection area1 or other area at a horse show1 horse exhibition1 or horse sale or auction that spectators are not permitted to enter4 7,b7 ,exclusion ,the term participate does not include spectating4 4 7b7 ,findings ,section #c of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbb7 is amended-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 the movement1 showing1 exhibition1 or sale of sore horses in intrastate commerce1 and soring horses for those purposes1 adversely affects and burdens interstate and foreign commerce in many ways1 including by-- 7,a7 creating unfair competition2 7,b7 deceiving the spectating public and horse buyers2 and 7,c7 negatively impacting horse sales2 2 7#b7 in paragraph 7#d71 by striking and at the end2 7#c7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7#f7 the ,inspector ,general of the ,department of ,agriculture has determined that the program through which the ,secretary inspects horses is inadequate for preventing soring2 7#g7 historically1 ,tennessee ,walking ,horses1 racking horses1 and ,spotted ,saddle ,horses have been subjected to soring2 and 7#h7 despite regulations in effect related to inspection for purposes of ensuring that horses are not sore1 violations of this ,act are prevalent in the ,tennessee ,walking ,horse1 racking horse1 and ,spotted ,saddle ,horse breeds4 4 7c7 ,horse shows and exhibitions ,section #d of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbc7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,disqualification of horses 7#a7 ,in general ,the management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited-- 7,a7 if the horse is sore2 or 7,b7 if the management has been notified by a person licensed in accordance with subsection 7c7 or by the ,secretary that the horse is sore4 7#b7 ,period of disqualification 7,a7 ,first instance ,in the first instance in which the ,secretary determines that a horse is sore1 the ,secretary shall disqualify the horse from being shown or exhibited for a period of not less than #ahj days4 7,b7 ,second instance ,in the second instance in which the ,secretary determines that a horse is sore1 the ,secretary shall disqualify the horse for a period of not less than #a year4 7,c7 ,third instance ,in the third instance in which the ,secretary determines that a horse is sore1 the ,secretary shall disqualify the horse for a period of not less than #c years4 2 7#b7 in subsection 7b7 by striking appointed and inserting licensed2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,licensing of inspectors2 manner of inspections 7#a7 ,in general ,the ,secretary shall prescribe by regulation requirements for the ,department of ,agriculture to license1 train1 assign1 and oversee persons qualified to detect and diagnose a horse that is sore or to otherwise inspect horses at horse shows1 horse exhibitions1 or horse sales or auctions1 for hire by the management of such events1 for the purposes of enforcing this ,act4 7#b7 ,citations ,a person licensed by the ,secretary to conduct inspections under this subsection shall-- 7,a7 issue a citation for any violation of this ,act recorded during an inspection2 and 7,b7 notify the ,secretary of each violation not later than #e days after the date on which the citation is issued4 7#c7 ,qualifications for licensing ,the ,secretary shall-- 7,a7 not issue a license under this subsection to a person unless the person is free from conflicts of interest1 as defined by the ,secretary in the regulations issued under paragraph 7#a72 and 7,b7 give a preference to persons who are licensed or accredited veterinarians2 7#d7 ,revocation of license ,if the ,secretary determines that the performance of a person licensed under paragraph 7#a7 is unsatisfactory1 the ,secretary may1 after notice and an opportunity for a hearing1 revoke the license issued to the person4 7#e7 ,limitation ,the granting of licenses under this subsection shall not authorize a person licensed under this subsection to conduct inspections in a manner other than the manner prescribed for inspections by the ,secretary under subsection 7e74 7#f7 ,notification 7,a7 ,in general ,not later than #cj days before the date on which a horse show1 horse exhibition1 or horse sale or auction begins1 the management of the show1 exhibition1 or sale or auction may notify the ,secretary of the intent of the management to hire #a or more persons licensed under this subsection and assigned by the ,secretary to conduct inspections at the show1 exhibition1 or sale or auction4 7,b7 ,assignment ,after receiving notice under subparagraph 7,a71 the ,secretary shall assign #a or more persons licensed under this subsection to conduct inspections at the horse show1 horse exhibition1 or horse sale or auction4 2 and 7#d7 by adding at the end the following3 7f7 ,publication of violations ,the ,secretary shall publish on the public website of the ,animal and ,plant ,health ,inspection ,service of the ,department of ,agriculture1 and update as frequently as the ,secretary determines necessary1 information on violations of this ,act to allow the management of a horse show1 horse exhibition1 or horse sale or auction to determine if an individual is in violation of this ,act4 4 7d7 ,unlawful acts ,section #e of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbd7 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,in the case of any horse show1 horse exhibition1 or horse sale or auction-- 7,a7 showing or exhibiting any horse that is sore2 7,b7 entering any horse that is sore for the purpose of showing or exhibiting the horse2 7,c7 selling1 auctioning1 or offering for sale any horse that is sore2 7,d7 causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing1 exhibiting1 selling1 auctioning1 or offering for sale the horse2 and 7,e7 allowing any activity described in subparagraphs 7,a7 through 7,d7 with respect to a horse that is sore by the owner of that horse4 2 7#b7 in paragraph 7#c71 by striking appoint and inserting hire2 7#c7 in paragraph 7#d7-- 7,a7 by striking appoint and inserting hire2 and 7,b7 by striking qualified2 7#d7 in paragraph 7#e71 by striking appointed and inserting hired2 7#e7 in paragraph 7#f7-- 7,a7 by striking appointed and inserting hired2 and 7,b7 by inserting that the horse is sore after the ,secretary2 and 7#f7 by adding at the end the following3 7#ab7 ,the use of an action device on any limb of a ,tennessee ,walking ,horse1 racking horse1 or ,spotted ,saddle ,horse at a horse show1 horse exhibition1 or horse sale or auction4 7#ac7 ,the use of a weighted shoe1 pad1 wedge1 hoof band1 or other device or material at a horse show1 horse exhibition1 or horse sale or auction that-- 7,a7 is placed on1 inserted in1 or attached to any limb of a ,tennessee ,walking ,horse1 racking horse1 or ,spotted ,saddle ,horse2 7,b7 is constructed to artificially alter the gait of a horse described in subparagraph 7,a72 and 7,c7 is not strictly protective or therapeutic in nature4 4 7e7 ,violations and penalties ,section #f of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,except as provided in paragraph 7#b7 of this subsection1 any person who knowingly violates section #e and inserting ,any person who knowingly violates section #e 7including the regulations issued under that section71 including any violation recorded during an inspection conducted under subsections 7c7 or 7e7 of section #d2 and 7ii7 by striking more than #c1jjj1 or imprisoned for not more than one year1 or both and inserting more than #e1jjj1 or imprisoned for not more than #c years1 or both1 for each violation2 7,b7 in paragraph 7#b7-- 7i7 by striking 7#b77;,a7 and all that follows through 7,b7 ,any and inserting the following3 7#b7 ,false statements and entries ,any 2 and 7ii7 by striking 7,c7 ,any and inserting the following3 7#c7 ,interference with duties ,any 2 and 7,c7 by adding at the end the following3 7#d7 ,noncompliance with disqualification ,any person who knowingly fails to obey an order of disqualification shall1 upon conviction thereof1 be fined not more than #e1jjj for each failure to obey the order1 imprisoned for not more than #c years1 or both4 2 7#b7 in subsection 7b7-- 7,a7 in the first sentence of paragraph 7#a7-- 7i7 by striking section #e of this ,act and inserting section #e 7including the regulations issued under that section72 and 7ii7 by striking #b1jjj and inserting #d1jjj2 and 7,b7 by adding at the end the following3 7#e7 ,nonpayment of licensed inspectors ,any person who fails to pay a licensed inspector hired under section #d7;c7 shall1 upon conviction thereof1 be fined not more than #d1jjj for each violation4 2 and 7#c7 in subsection 7c7-- 7,a7 by redesignating the first1 second1 third1 and fourth sentences as paragraphs 7#a71 7#c71 7#d71 and 7#e71 respectively2 7,b7 in paragraph 7#a7 7as so designated7-- 7i7 by inserting 1 or otherwise participating in any horse show1 horse exhibition1 or horse sale or auction before for a period of not less than one year2 and 7ii7 by striking any subsequent and inserting the second2 7,c7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,permanent disqualification ,for the third or any subsequent violation1 a person may be permanently disqualified by order of the ,secretary1 after notice and an opportunity for a hearing before the ,secretary1 from showing or exhibiting any horse1 judging or managing any horse show1 horse exhibition1 or horse sale or auction1 or otherwise participating in1 including financing the participation of other individuals in1 any horse show1 horse exhibition1 or horse sale or auction 7regardless of whether walking horses are shown1 exhibited1 sold1 auctioned1 or offered for sale at the horse show1 horse exhibition1 or horse sale or auction74 2 and 7,d7 in paragraphs 7#c7 and 7#d7 7as so designated71 by striking #c1jjj each place it appears and inserting #e1jjj4 7f7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall issue regulations to carry out the amendments made by this section1 including regulations prescribing the requirements under section #d7;c7 of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbc7;c77 7as amended by subsection 7c77#c774