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HR 3781 Alert!
FOR POSTING & DISTRIBUTION TO MEMBERS: "HOOFPAC ALERT" AMENDED LANGUAGE OF H.R. 3781 AMERICAN HORSE SLAUGHTER PREVENTION ACT An original draft of the American Horse Slaughter Prevention Act was obtained by HOOFPAC back in November/December 2001. HOOFPAC prepared a legal analysis which was posted on its website. These comments were submitted to sponsors for consideration. Bill was amended and introduced February 2002. HOOFPAC prepared a legal analysis of the amended version and submitted to sponsors. The amended bill has been substantially changed correcting the myriad of problems addressing constitutionality. Beyond the scope of constitutionality, however, there are still two major issues that have not been amended: Euthanasia and Enforcement. H.R. 3781 as currently drafted allows for confiscated horses both "beyond recovery" and "unplaceable" to be euthanized using gun shot or captive dead bolt. HOOFPAC finds this unacceptable and respectfully requests the sponsors to amend the language per our legal analysis to read, "Euthanasia shall be performed only by administration of agents rated "acceptable" for horses in the Report of the American Veterinary Medical Associations Panel on Euthanasia (2000). In the area of enforcement, as currently drafted, H.R. 3781 does not grant authority to law enforcement resources outside the USDA to enforce the Act. And it places the burden on the Secretary to "consider" aggravating and mitigating factors toward enforcement whereas comparable federal statutes place the burden solely on the violator to show good cause why penalties should not be imposed. These problems need to be amended before support for the bill can be considered. "Keep America's horses in the stable and off the table!" E-mail HOOFPAC |