Overview

Title

To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes.

ELI5 AI

The bill wants to make sure people don't hurt horses to make them walk funny for shows by making new rules and bigger punishments. It plans to have lots of checks to catch anyone breaking these rules and make sure everyone plays fair.

Summary AI

The bill S. 4004, also known as the "Prevent All Soring Tactics Act of 2024," aims to amend the Horse Protection Act to improve enforcement against the mistreatment of horses, specifically soring, which involves causing intentional pain to horses to alter their gait for competitive purposes. It designates new unlawful acts, strengthens penalties for violations, and enhances inspection protocols to prevent soring, focusing mainly on Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses. The bill mandates the U.S. Department of Agriculture to license inspectors and imposes stricter penalties, including increased fines and potential disqualification from horse events for repeated offenders. Furthermore, the Secretary of Agriculture is required to issue regulations and information related to violations to ensure better compliance and transparency.

Published

2024-03-20
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-03-20
Package ID: BILLS-118s4004is

Bill Statistics

Size

Sections:
2
Words:
2,918
Pages:
12
Sentences:
19

Language

Nouns: 747
Verbs: 237
Adjectives: 98
Adverbs: 27
Numbers: 103
Entities: 133

Complexity

Average Token Length:
3.69
Average Sentence Length:
153.58
Token Entropy:
4.97
Readability (ARI):
75.91

AnalysisAI

General Summary

The bill, titled the "Prevent All Soring Tactics Act of 2024" or "PAST Act of 2024," seeks to amend the Horse Protection Act in order to enhance protection of horses against abusive practices, notably "soring." Soring is an unethical and painful practice where chemicals, pressure, or devices are used to cause a horse to lift its legs higher, for competitive advantage in horse shows. The proposed amendments aim to define unlawful actions more clearly, increase penalties for violations, and improve the enforcement capabilities of the Department of Agriculture. Among the key features are the introduction of stricter definitions for prohibited devices, provisions for enhanced inspections, and the establishment of more severe penalties for individuals or organizations involved in causing harm to horses.

Summary of Significant Issues

Several issues arise within the draft of the bill that could potentially hinder its effectiveness. A primary concern is the clarity of terminology within the document. The definition of "action device" and exemptions need further elaboration to prevent loopholes that could allow for continued soring practices under ambiguous terms. Additionally, while the bill empowers the Secretary of Agriculture with significant authority to manage and enforce regulations, it lacks detailed guidelines for accountability and oversight, which could lead to inconsistent enforcement.

The bill also outlines punitive measures, such as increased fines and prison sentences for those found in violation. However, these harsher penalties might require further context to justify their necessity and fairness, as they are a significant departure from previous sanctions.

Procedural logistics also pose potential challenges. The requirement for horse show management to notify the Secretary about hiring inspectors 30 days prior to events could create bottlenecks without efficient systems of communication and coordination. Moreover, the intentions behind making violation information publicly accessible require additional clarity, specifically regarding the frequency of updates, to avoid inconsistency and ensure transparency.

Public Impact

Broadly, the bill attempts to curb the unethical treatment of horses, which could result in increased welfare standards across the horse show industry. By establishing stricter rules and penalties, it sends a strong message against animal cruelty, aligning with growing public concerns about animal rights.

For the general public, this signals a tightening of regulations in equestrian sports, possibly shifting public perception towards more humane treatment in competition. However, it may also raise issues if hobbyist or small-scale competitors face unintended burdens or misunderstandings relating to compliance, owing to any lack of clarity in the definitions and enforcement mechanisms outlined by the bill.

Impact on Specific Stakeholders

Specific stakeholders, such as horse trainers and owners in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse communities, may experience the most significant impact. These breeds are specifically highlighted in the bill due to historical practices of soring. Enforcement of stricter regulations could mean increased costs and more strict oversight for these stakeholders, potentially altering traditional training practices and competitive advantages.

For regulators and inspectors, the bill demands more rigorous training and oversight, pushing for a professional standard that centers on equine welfare. This might lead to challenges in meeting new regulatory standards quickly, requiring investment in training and infrastructure.

Furthermore, animal rights advocates may view this bill as a positive step forward in combating cruelty, potentially driving further legislative efforts or public awareness campaigns aimed at even broader protections.

Conclusion

In conclusion, while the PAST Act of 2024 introduces significant amendments aiming to protect horses from cruelty, it is essential that clarity in terms, transparency in enforcement, and feasible logistical procedures are carefully considered to ensure its successful implementation and acceptance among all stakeholders involved.

Financial Assessment

The bill, titled the "Prevent All Soring Tactics Act of 2024," primarily serves to enforce stricter protocols and penalties concerning the soring of horses. In reviewing this legislation, special attention is drawn to the sections detailing financial penalties and fines associated with violations under the amended Horse Protection Act.

Financial Penalties and Fines

The bill specifically outlines enhanced financial penalties for violations of the Horse Protection Act. Anyone found to knowingly violate section 5 of the Act, which encompasses a variety of unlawful acts including causing a horse to become sore, could face fines of up to $5,000 per violation. This represents an increase from the previous cap of $3,000. Furthermore, in situations where an order of disqualification is ignored, a fine not exceeding $5,000 may be imposed for each instance of non-compliance.

For lesser violations under section 5, the fines have been raised from $2,000 to $4,000. Additionally, fines of up to $4,000 are stipulated for failing to pay licensed inspectors conducting inspections.

Relating Penalties to Issues

The increased financial penalties are intended to act as a deterrent against infractions, aligning with the bill’s overall aim to strengthen enforcement against soring. However, concerns are raised in the issues section about whether these penalties might lead to over-penalization. Without clear contextual justification for the increased fines, stakeholders may question whether such penalties are proportionate to the violations.

Financial References to Licensing Procedures

The bill requires the U.S. Department of Agriculture to license, train, assign, and oversee inspectors for horse events, implicitly involving financial implications related to managing these activities. The specifics, such as how these costs will be handled or who bears the responsibility of payment, particularly since Section 2 allows for the hiring of inspectors "for hire," are not detailed. This could lead to challenges related to potential conflicts of interest or the management of procedural aspects, as organizers are tasked with notifying the Secretary when they wish to hire inspectors.

Transparency and Access to Information

Section 4 mandates the publication of violations on the Animal and Plant Health Inspection Service's public website, although it doesn’t specify the frequency of updates. This lack of specificity could impact the transparency and availability of financial compliance information to the public and the broader horse show community.

In summary, the bill proposes significant financial penalties to reinforce compliance with the Horse Protection Act, highlighting a commitment to eradicate soring practices. However, the implementation details relating to the financial oversight of these penalties and procedural aspects require further clarification to ensure effective enforcement and transparency.

Issues

  • The definition of 'action device' in Section 2 might lack clarity regarding exemptions for 'soft rubber or soft leather bell boots or quarter boots,' which could lead to differing interpretations and enforcement challenges.

  • The discretionary powers given to the Secretary in licensing, training, assigning, and overseeing inspectors in Section 2 could lack clear accountability and consistent enforcement mechanisms.

  • The definition and prohibition of 'action devices,' 'weighted shoes,' 'pads,' and similar items in Section 5 require technical clarification to prevent misunderstandings about what is 'strictly protective or therapeutic in nature,' which could result in enforcement difficulties or legal challenges.

  • The penalties, increased fines, and prison time outlined in Section 6 may need more context or justification to ensure fairness and necessity. These changes could raise concerns about potential over-penalization.

  • The process allowing horse show management to notify the Secretary about hiring licensed inspectors in Section 2 might create procedural bottlenecks or logistical challenges if not efficiently implemented.

  • The regulation regarding posting violations on a public website in Section 4 does not clarify the frequency of updates, leading to potential issues with transparency and access to information.

  • The severability clause in Section 2, while standard, might not address specific interdependencies among amended provisions, potentially impacting the interpretation or enforcement of the Act.

  • The term 'for hire' in the context of licensing inspectors under Section 2 raises concerns about potential conflicts of interest, necessitating strong oversight mechanisms to ensure integrity in enforcement.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section provides the short title of the legislation, which can be referred to as the “Prevent All Soring Tactics Act of 2024” or the “PAST Act of 2024”.

2. Increased enforcement under Horse Protection Act Read Opens in new tab

Summary AI

The section amends the Horse Protection Act to improve enforcement against the mistreatment of horses, such as "soring," by redefining key terms, increasing penalties for violations, and strengthening inspection procedures at horse shows, exhibitions, and sales. It also empowers the Secretary of Agriculture to publish information on violations and issue regulations to ensure the act's effective implementation.

Money References

  • “(3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation.”; and (4) by adding at the end the following new subsection: “(f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act.”. (d) Unlawful acts.—Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended— (1) in paragraph (2)— (A) by striking “or (C) respecting” and inserting “(C), or (D) respecting”; and (B) by striking “and (D)” and inserting “(D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E)”; (2) in paragraph (3), by striking “appoint” and inserting “hire”; (3) in paragraph (4)— (A) by striking “appoint” and inserting “hire”; and (B) by striking “qualified”; (4) in paragraph (5), by striking “appointed” and inserting “hired”; (5) in paragraph (6)— (A) by striking “appointed” and inserting “hired”; and (B) by inserting “that the horse is sore” after “the Secretary”; and (6) by adding at the end the following new paragraphs: “(12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. “(13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that— “(A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; “(B) is constructed to artificially alter the gait of such a horse; and “(C) is not strictly protective or therapeutic in nature.”. (e) Violations and penalties.—Section 6 of the Horse Protection Act (15 U.S.C. 1825) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking “Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5” and inserting “Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e)”; and (ii) by striking “more than $3,000, or imprisoned for not more than one year, or both.
  • and inserting “more than $5,000, or imprisoned for not more than three years, or both, for each such violation.”; (B) in paragraph (2)— (i) by striking subparagraph (A); (ii) by striking “(2)”; and (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: “(4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both.”; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking “section 5 of this Act” and inserting “section 5 or the regulations issued under such section”; and (ii) by striking “$2,000” and inserting “$4,000”; and (B) by adding at the end the following new paragraph: “(5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation.”; and (3) in subsection (c)— (A) in the first sentence— (i) by inserting “, or otherwise participating in any horse show, horse exhibition, or horse sale or auction” before “for a period of not less than one year”; and (ii) by striking “any subsequent” and inserting “the second”; (B) by inserting before “Any person who knowingly fails” the following: “For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction).”; and (C) by striking “$3,000” each place it appears and inserting “$5,000”. (f) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act (15 U.S.C. 1823(c)), as amended by subsection (c)(3). (g) Severability.—If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. ---