AN ACT relating to horses.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
âSECTION 1. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 8 of this Act:
(1) "Department" means the Kentucky Department of Agriculture;
(2) "Horse" means a Tennessee walking, racking, or spotted saddle horse;
(3) "Management" means any person or persons who organize, exercise control over, or administer or who are responsible for administering any horse show, horse exhibition, horse sale, or horse auction and specifically includes but is not limited to the sponsoring organization and show manager; and
(4) "Sore" or "soring," when used to described a horse, means that:
(a) An irritating or blistering agent has been applied internally or externally by a person to any limb of a horse;
(b) A burn, cut, or laceration has been inflicted by a person on any limb of a horse;
(c) A tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse;
(d) A chain, cable, or similar device has been placed around the limb of a horse and, as a result of the application, infliction, injection, use, or practice, the horse suffers or can reasonably be expected to suffer physical pain or distress, inflammation, or lameness when walking, trotting, or moving; or
(e) 1. The anterior and anterior-lateral surfaces of its fore-pasterns (extensor surface) are not free of bilateral granulomas, other bilateral pathological evidence of inflammation or excessive loss of hair; or
2. The posterior surfaces of the pastern (flexor surface), including the sulcus or "pocket," show evidence of any change in condition other than bilateral areas of uniformly thickened epithelial tissue that is free of proliferating granuloma tissue, irritation, moisture, edema, or other evidence of inflammation.
For purposes of this subsection, "sore" or "soaring" does not include an application, infliction, injection, use, or practice in connection with the bona fide therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine in this state.
âSECTION 2. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) A person shall not sore a horse or direct or authorize a horse to be sored for any purpose, including but not limited to:
(a) Entry or competition in a horse show;
(b) Exhibition, sale, auction, or similar event; and
(c) Training or preparation for an event specified in this subsection.
(2) A person who violates subsection (1) this section shall:
(a) For a first offense, be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500);
(b) For a second offense, be fined not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000) and banned for a period of one (1) year from the activities listed in subsection (3) of this section; and
(c) For a third or subsequent offense, shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), imprisoned for not less than ninety (90) days nor more than twelve (12) months, and banned for a period of two (2) years from the activities listed in subsection (3) of this section.
(3) Activities prohibited during a ban imposed under subsection (2) of this section include:
(a) Entering a horse for the purposes of showing, exhibiting, or selling at auction. For purposes of this subsection, "entering a horse" means to perform any of the activities that are required to be completed before a horse can actually be shown or exhibited;
(b) Showing or exhibiting a horse at a horse show, public auction, or exhibition such as a college football game or parade;
(c) Judging a horse show;
(d) Entering the show ring during the course of a horse show;
(e) Entering the inspection area of warm-up area where previously inspected horses are allowed to await ring or sale entry, during the course of a horse show or sale;
(f) Coaching any trainer, owner, or exhibitor anytime during a show or exhibit;
(g) Transporting horses to shows, exhibitions, or public auctions;
(h) Preparing a horse on any sale, show, auction, or exhibition grounds;
(i) Serving as a horse show official; and
(j) Being physically present on the grounds of any horse sale, show, auction, or exhibition at any time during the duration of the event.
(3) All fines collected pursuant to this section shall be forwarded by the circuit clerk to the department, which shall use the funds solely for defraying the costs of administering and enforcing Sections 1 to 8 and 9 of this Act.
âSECTION 3. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) While under a ban imposed under Section 2 of this Act, a person shall not participate in any banned activity.
(2) A person who violates this section shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and imprisoned for not less than six (6) months nor more than twelve (12) months.
(3) All fines collected pursuant to this section shall be forwarded by the circuit clerk to the department, which shall use the funds solely for defraying the cost of administering and enforcing Sections 1 to 8 and 9 of this Act.
âSECTION 4. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) A person shall not hide, attempt to hide, destroy, or attempt to destroy evidence that a horse is sore.
(2) Any person who violates this section shall be guilty of a violation of KRS 524.100.
(3) Nothing in this section shall prohibit the bona fide medical treatment of a horse by a licensed veterinarian or person acting under the direction or supervision of a licensed veterinarian.
âSECTION 5. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) It shall be the duty of the management of any horse show, exhibition, sale, auction, or similar event to:
(a) Disqualify from being shown or exhibited, any horse which is sore;
(b) Prohibit the sale, offering for sale, auction, or offering for auction of any horse which is sore;
(c) Prohibit from being shown, exhibited, sold, offered for sale, auctioned, or offered for auction, any horse which is wearing or bearing any equipment, device, show paraphernalia, or substance which is prohibited pursuant to 15 U.S.C secs. 1821 to 1831 or regulations promulgated by the United States Department of Agriculture thereunder.
(2) A disqualification or prohibition pursuant to this section shall create a rebuttable presumption that the person owning, showing, or training the horse has violated Section 2 of this Act.
(3) Any person engaging in the management of an event specified in this section who fails to perform the duties required by this section shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).
(4) All fines paid pursuant to this section shall be forwarded by the circuit clerk to the department, which shall use the funds solely for the purpose of defraying the cost of administering and enforcing Sections 1 to 8 and 9 of this Act.
âSECTION 6. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) The management of any horse show, exhibition, sale, auction, or similar event shall immediately report to the department and a peace officer:
(a) The disqualification or prohibition of a horse from being shown, exhibited, sold, offered for sale, auctioned, or offered for auction because of a violation of Section 2 of this Act; and
(b) That it has been advised by an agent of the Kentucky Department of Agriculture, peace officer, or an inspector of the United States Department of Agriculture that the horse has been disqualified from being shown, exhibited, sold, offered for sale, auctioned, or offered for auction because of a violation of Section 2 of this Act.
(2) At the time of the report required by this section, the management of the event shall also provide the department and the peace officer with any report or other evidence found to support the disqualification or prohibition.
(3) Violations of this section shall be subject to the same penalties as designated in subsection (3) of Section 5 of this Act.
âSECTION 7. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to administer and enforce Sections 1 to 8 of this Act.
(2) It shall be the duty of a peace officer to enforce, and a peace officer shall not fail or refuse to enforce, Sections 1 to 8 of this Act.
âSECTION 8. A NEW SECTION OF KRS CHAPTER 436 IS CREATED TO READ AS FOLLOWS:
(1) Sections 1 to 8 of this Act shall not extend or apply to:
(a) Any horse show, exhibition, race, or other form of competition, or to any horse entered therein, in which speed is the primary factor;
(b) A rodeo; or
(c) A trail ride.
(2) Sections 1 to 8 of this Act shall not be deemed to repeal any of the laws of the Commonwealth relating to cruelty to animals and shall be construed by the courts as ancillary and supplemental to laws relating to the cruelty to animals.
âSECTION 9. A NEW SECTION OF KRS CHAPTER 246 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section, "horse" has the same meaning as in Section 1 of this Act.
(2) The department shall implement and administer a program for the licensing and regulation of any horse show, horse exhibition, horse sale, or horse auction involving two (2) or more horses.
(3) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A for the assessment of:
(a) A license fee of at least one hundred dollars ($100) for holding any horse show, horse exhibition, horse sale, or horse auction covered by this section. A separate license shall be required for each event; and
(b) An inspection fee of at least ten dollars ($10) for each performance in which a horse is entered to be shown, exhibited, sold, offered for sale, auctioned, or offered for auction at an event covered by this section. A separate inspection fee shall be required for each required inspection.
(4) To enforce and ensure compliance with this section, Sections 1 to 8 of this Act, and the administrative regulations promulgated under this section and Sections 1 to 8 of this Act, agents and employees of the department shall:
(a) Attend each horse show, exhibition, sale, and auction for which a license is required;
(b) Arrest or issue a uniform citation to any person violating any provision of this section, Sections 1 to 8 of this Act, or the administrative regulations promulgated pursuant to this section or Sections 1 to 8 of this Act;
(c) Inspect each horse prior to each show, performance, exhibition, sale, or auction;
(d) Have the powers of peace officers for the limited purpose of enforcing this section, Sections 1 to 8 of this Act, and the administrative regulations promulgated in accordance with Sections 1 to 8 of this Act.
(5) All license and inspection fees collected by the department pursuant to this section shall be used solely for the administration and enforcement of this section and Sections 1 to 8 of this Act.
(6) (a) Any person who fails to obtain a license or pay the mandatory fee prior to engaging in an activity specified by this section or the administrative regulations thereunder shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).
(b) All fines paid pursuant to this section shall be forwarded by the circuit clerk to the department, which shall use the funds solely for the purpose of enforcing this section and Sections 1 to 8 of this Act.
âSection 10. The following KRS section is repealed:
436.185 Exhibition of walking horse where the horse's front legs or hoofs show evidence of burns, drugs, lacerations or any pain inflicting device.