Bill Text: IL HB3339 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Creates the Horse-drawn Carriage Regulation and Safety Act. Establishes requirements for the lawful operation of horse-drawn carriages and the horse-drawn carriage trade in the State. Requires licenses and identification cards issued by the Secretary of State for persons involved in the horse-drawn carriage trade. Provides requirements for the care of horses used horse-drawn carriages. Provides for prohibitions, including inclement weather conditions, when it is unlawful to operate a horse-drawn carriage in the State. Establishes rulemaking authority for the Secretary of State, in consultation with the Department of Transportation, Department of State Police, the Department of Agriculture, and any other relevant State agency. Defines terms. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3339 Detail]

Download: Illinois-2019-HB3339-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3339 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED:
New Act
Creates the Horse-drawn Carriage Regulation and Safety Act. Establishes requirements for the lawful operation of horse-drawn carriages and the horse-drawn carriage trade in the State. Requires licenses and identification cards issued by the Secretary of State for persons involved in the horse-drawn carriage trade. Provides requirements for the care of horses used horse-drawn carriages. Provides for prohibitions, including inclement weather conditions, when it is unlawful to operate a horse-drawn carriage in the State. Establishes rulemaking authority for the Secretary of State, in consultation with the Department of Transportation, Department of State Police, the Department of Agriculture, and any other relevant State agency. Defines terms. Makes other changes.
LRB101 08839 SLF 53928 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3339 LRB101 08839 SLF 53928 b
AN ACT concerning horse drawn carriages.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Horse
Drawn Carriage Regulation and Safety Act.
Section 5. Definitions. In this Act:
"Carriage" means a device by which a person is transported
or in which a person rides, for hire, and that is designed to
be pulled or drawn by a horse in the horse-drawn carriage trade
which includes a wagon, cart, vehicle, or similar
transportation device.
"Custodian" means a person who has the immediate
possession, bailment, custody, use, or control of a horse,
which includes a driver.
"Driver" means a person licensed to drive, steer,
transport, or operate a carriage or horse used in the
horse-drawn carriage trade.
"Horse" means a large solid-hoofed herbivorous
domesticated mammal or similar animal that belongs to the Equus
caballus family and weighs at least 1,100 pounds, and that is
used for the purpose of driving, pulling, or hauling a
carriage, or for the purposes of a performance, not including
any animal owned by the State or the United States government

HB3339 - 2 - LRB101 08839 SLF 53928 b
that is used solely for law enforcement purposes.
"Horse-drawn carriage trade" means a person or business
that operates an enterprise, for hire, or as a contractual
service, for the purpose of conveying persons or goods through
the use of a horse to pull or haul a wagon, cart, carriage,
vehicle, or similar device along the public streets in the
State not including the use of a horse in a parade or in a
funeral for which a permit is issued.
"Identification card" means a document devised, supplied,
and certified by the Secretary of State, in consultation with
the Department of Agriculture, and signed and dated by a
licensed veterinarian which shall include:
(1) the date of the last physical examination of the
horse;
(2) a description of the horse, including sex, age,
height, color, markings, and any other information that may
facilitate identification of the horse;
(3) the stamina and physical condition of the horse;
(4) any condition that might restrict or affect the use
or movement of the horse;
(5) a photograph of the horse;
(6) an identification number;
(7) the name, address, and telephone number of the
establishment where the horse is stabled; and
(8) the name, address, and telephone number of the
owner of the horse.

HB3339 - 3 - LRB101 08839 SLF 53928 b
"License" means a valid permit or other document issued by
the Secretary of State to a person or business for the purpose
of operating a horse-drawn carriage trade enterprise.
"Licensed veterinarian" means a veterinarian licensed
under the Veterinary Medicine and Surgery Practice Act of 2004
in which he or she engages in the practice of veterinary
medicine.
"Operator" means the proprietor or the agent of a
proprietor of a horse-drawn carriage trade enterprise or a
stable.
"Owner" means a person who is vested with the ownership,
control, or title of a horse-drawn carriage trade, horse, or
stable.
"Peace officer" has the meaning ascribed to it in Section
2-13 of the Criminal Code of 2012.
"Stable" means a barn, establishment, or similar
appropriate facility where a horse is permanently or
temporarily boarded, housed, or maintained.
Section 10. Regulation of horse-drawn carriage trade.
(a) It is unlawful to operate a horse-drawn carriage trade
in this State without a license and an identification card
issued by the Secretary of State.
(b) Upon application on a form devised by the Secretary of
State and the payment of a fee not to exceed $100, a person may
be issued a license to operate a horse-drawn carriage trade in

HB3339 - 4 - LRB101 08839 SLF 53928 b
this State.
(c) Upon application on a form approved by the Secretary of
State and the payment of a fee not to exceed $30, an owner,
operator, or custodian may be issued an identification card for
each horse used in the operation of a horse-drawn carriage
trade in this State.
(d) A person may not drive or otherwise operate a carriage
engaged in the horse-drawn carriage trade unless he or she:
(1) is at least 18 years of age;
(2) has received at least 35 hours of training in the
operation of a horse-drawn carriage as provided and
certified in writing by the owner or operator of a
horse-drawn carriage trade, 15 hours of which shall include
an apprenticeship under the supervision of a licensed
horse-drawn carriage driver;
(3) presents a statement from a licensed physician that
certifies that he or she is in good physical condition and
is free of visual impairment not corrected by eyeglasses or
contact lenses, epilepsy, vertigo, or other medical
disabilities which may substantially impair his or her
ability to operate a horse-drawn carriage or to control a
horse; and
(4) has completed a written examination approved by the
Secretary which includes, but is not limited to:
(A) knowledge of the traffic laws and regulations,
including passage of the written portion of the

HB3339 - 5 - LRB101 08839 SLF 53928 b
driver's license test;
(B) proper equine grooming, care, equipment,
nutrition, and first aid; and
(C) operation of a horse-drawn carriage.
(e) A person may not drive or operate a horse-drawn
carriage on any public street in this State:
(1) between the hours of 5:00 a.m. and 10:00 a.m., on
Monday through Friday, excluding legal holidays;
(2) between the hours of 4:00 p.m. and 6:30 p.m., on
Monday through Friday, excluding legal holidays;
(3) between the hours of 1:30 a.m. and 5:00 a.m. on any
day; and
(4) on any day or at any time that the Department of
State Police makes a specific determination that the
horse-drawn carriage trade would be inconsistent with
other special events or public safety requirements.
(f) The driver of a horse-drawn carriage shall:
(1) possess and display at all times his or her license
to operate a horse-drawn carriage in the front and
passenger compartments of the carriage;
(2) possess a valid identification card issued by the
Secretary of State;
(3) obey and observe all traffic laws;
(4) not smoke, eat, drink, or wear headphones while the
carriage is in motion;
(5) not drive the carriage at a speed that exceeds a

HB3339 - 6 - LRB101 08839 SLF 53928 b
walk, except as necessary to cross a traffic intersection
or to refrain from impeding traffic;
(6) leave the horse-drawn carriage unattended at any
time;
(7) not drive the carriage at any time when a passenger
is standing in the carriage or not seated securely inside
of the carriage;
(8) maintain both hands on the reins and be seated at
all times the carriage is in motion; and
(9) provide humane care and treatment of the horse
under his or her direct supervision and control at all
times.
Section 15. Examination of horses.
(a) The owner, operator, or custodian of each horse engaged
in the horse-drawn carriage trade shall have the horse examined
by a licensed veterinarian at intervals of not more than 12
months.
(b) The examinations shall include, but not be limited to,
the following:
(1) the general physical condition of the horse;
(2) an inspection of the eyes, teeth, legs, hooves,
shoes, and cardiovascular system of the horse;
(3) the stamina and physical ability of the horse to
engage in the horse-drawn carriage trade;
(4) an inspection for a recurrence of prior injuries;

HB3339 - 7 - LRB101 08839 SLF 53928 b
and
(5) an inspection for disease or other deficiencies.
(c) The examination shall include a certification from the
licensed veterinarian that the horse is physically fit to
engage in the horse-drawn carriage trade and is free of any
disease or internal parasites. The certification shall be
entered by the Secretary of State on the identification card.
Section 20. Identification card.
(a) The owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade shall have available for
immediate inspection by the Secretary of State or his or her
designee, a police officer, or an animal control officer at all
times when a horse is on any public street in this State, an
identification card issued by the Secretary of State as defined
in Section 5.
(b) In an instance when the owner rents, hires, or places
the horse in the care or custody of another person, he or she
shall provide that person with the identification card required
by subsection (a).
(c) The Secretary of State shall certify the identification
card following an examination of the horse by a licensed
veterinarian.
Section 25. Care and use of horses in horse-drawn carriage
trade.

HB3339 - 8 - LRB101 08839 SLF 53928 b
(a) An owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade shall:
(1) not use, work, drive, ride, or require labor from a
horse for more than 8 hours in any 24 hour-period;
(2) provide for adequate rest periods for a horse
during the 8 hours of use;
(3) provide the horse with food and drinking water from
a clean container of sufficient size and in good condition
during regular intervals during the 8 hours of use;
(4) drape the body of the horse from forelegs to hind
legs with a warm covering during times of cold or inclement
weather;
(5) park the horse in an area of shade whenever
practicable during rest periods;
(6) not overdrive or overload a horse as evidenced by
physical stress, strain, or exhaustion of the horse; and
(7) not beat or prod a horse to maintain a fast gait in
any way that will cause pain or injury to the horse.
(b) An owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade may not use a horse to draw a
carriage unless the:
(1) horse is in good health in accordance with
standards established by the Secretary of State, in
consultation with the Department of Agriculture, by rule;
(2) horse weighs at least 1,100 pounds; and
(3) hooves of the horse are properly shod and trimmed

HB3339 - 9 - LRB101 08839 SLF 53928 b
utilizing rubber compound shoes on the front 2 hooves and
either rubber or open steel borium cork tip shoes on the 2
rear hooves.
Section 30. Horse-drawn carriages; requirements.
(a) An owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade shall:
(1) provide that the carriage used is in good operating
condition, the axles are well-greased, and that all
operating mechanisms are in good working order;
(2) provide that the carriage is equipped with
hydraulic brakes in good working condition and set in a
locked position when the carriage is not in motion;
(3) provide that the saddle, harness, shoes, bridle,
and any other equipment for the horse fits properly, is in
good working condition, and will not cause injury or pain
to the horse;
(4) not use curb bits, twisted wire, twisted wire
snaffles, spurs, bucking straps, flank straps, or similar
devices;
(5) inspect daily all horses and equipment at the time
of departure from and return to the stable; and
(6) provide that all horses are equipped with a diaper
that is constructed of a sturdy material and is properly
fitted to the horse to ensure comfort.
(b) A carriage engaged in the horse-drawn carriage trade

HB3339 - 10 - LRB101 08839 SLF 53928 b
may not be driven or operated on a public street in this State
unless the owner or operator of the carriage has obtained a
valid registration and metal license plate issued by the
Secretary of State under a procedure and fees established by
rule.
(c) A carriage used in the horse-drawn carriage trade
shall:
(1) have conspicuously displayed on the rear of the
carriage at all times a valid license plate provided for in
subsection (b);
(2) be equipped with a slow-moving vehicle emblem to be
attached to the rear of the carriage;
(3) be maintained in a safe and sanitary condition;
(4) not drive or transport more than 6 passengers at
one time, excluding the driver or operator of the carriage;
(5) not drive or transport any person if a person other
than a licensed-driver or an apprenticed-driver is seated
in the driver's seat of the carriage; and
(6) not have any legend, slogan, logo, or other
exterior sign on the carriage, other than its legal license
plates and the name and telephone number of the horse-drawn
carriage in letters not to exceed 3 inches in height.
(d) The Secretary of State may, by rule, establish
additional inspection requirements for a carriage and other
equipment used in the horse-drawn carriage trade.

HB3339 - 11 - LRB101 08839 SLF 53928 b
Section 35. Horse-drawn carriages; weather conditions.
(a) An owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade may not drive, use, or work a
horse on a public street in this State during:
(1) periods when the temperature exceeds 89 degrees
Fahrenheit, as determined and announced by the National
Weather Service;
(2) periods when the temperature is below 25 degrees
Fahrenheit, as determined and announced by the National
Weather Service;
(3) periods when it is snowing; or
(4) other periods determined by the Department of State
Police, in consultation with the Department of
Agriculture, as being dangerous or unsuitable for travel
for horse-drawn carriages.
(b) A horse in use at the time described in subsection (a)
shall be immediately returned by its owner, operator, or
custodian by the most direct route to a stable.
Section 40. Horse stabling.
(a) The owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade shall house, quarter, or
maintain a horse in a lighted, clean, dry, and properly
ventilated stable in which the horse shall be able to turn
around easily in a stall.
(b) The owner, operator, or custodian of a horse engaged in

HB3339 - 12 - LRB101 08839 SLF 53928 b
the horse-drawn carriage trade shall clean the stall in which a
horse is housed, quartered, or maintained daily and shall
provide sufficient bedding of straw, shavings, or other
suitable hygienic material that shall be changed as often as
necessary to maintain it in a clean and dry condition.
(c) The owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade shall provide the stall in which
the horse is housed, quartered, or maintained with clean, fresh
water and with an adequate and substantial daily supply of hay
and grain that is free from contamination and mold to meet the
normal daily feeding requirements for the condition, size, and
work schedule of the horse.
(d) The owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade shall provide each stall with a
clean block of salt at all times and blankets for the horse
during cold weather periods as necessary.
(e) The full name, current business address, and business
and home telephone numbers of the owner, operator, or custodian
of a horse engaged in the horse-drawn carriage trade and the
owner or operator of the stable shall be legibly stenciled and
conspicuously displayed, in at least 2-inch lettering, on the
exterior of the stable entrance for emergency purposes.
Section 45. Sick or injured horses.
(a) The owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade that is in pain, sick, diseased,

HB3339 - 13 - LRB101 08839 SLF 53928 b
lame, or injured shall take action to obtain immediate
veterinary treatment, care, and attention for the horse.
(b) An injured, sick, diseased, or lame horse may not be
sold or otherwise disposed of except in a humane manner.
(c) A person may not drive, use, or work an injured, sick,
diseased, or lame horse in the horse-drawn carriage trade.
Section 50. Recordkeeping.
(a) The owner or operator of a horse-drawn carriage trade
shall maintain or require his or her driver to maintain a daily
record of travel for each carriage used, which shall include:
(1) the name of the driver;
(2) the driver's license number;
(3) the horse-drawn carriage trade license number;
(4) the identification card number of the horse that
hauls or pulls the carriage;
(5) the date;
(6) the hours of operation;
(7) the specific location, time, and number of
passengers for each ride in the carriage;
(8) the rest, water, and feeding times for the horse;
and
(9) a description of any and all traffic accidents.
(b) The owner or operator of a horse-drawn carriage trade
shall maintain a complete log of all records at his or her
place of business.

HB3339 - 14 - LRB101 08839 SLF 53928 b
Section 55. Penalties.
(a) A person who violates this Act is guilty of a petty
offense and shall be fined up to $300 for the first offense and
up to $500 for each subsequent offense.
(b) Any owner, operator, or custodian of a horse engaged in
the horse-drawn carriage trade who causes serious intentional
injury to the horse by neglect or inhumane treatment is guilty
of a petty offense and shall be fined up to $2,500.
Section 60. Rulemaking. The Secretary of State, in
consultation with the Department of Transportation, Department
of State Police, the Department of Agriculture, and any other
relevant State agency shall adopt rules necessary to implement
the licensing and other provisions of this Act.