Congress Clarifies That Horses are Not “Pets,” Advances Landmark Livestock Health Measures

As the countdown to close the 115^th Congress heads to the final stretch, on Wednesday, December 12, Congress passed the Agriculture Improvement Act of 2018 (H.R. 2), sending the legislation to the president, who is expected to sign the bill into law this week.  Horse industry highlights include a revised statutory definition that excludes equines from a blanket definition of “pets” and funding for key livestock and international market development programs through Fiscal Year (FY) 2023.  In the wake of extensive horse industry outreach, lawmakers struck language in the senate version that defined horses as “pets” within the context of a “Pet and Women Safety” (PAWS) measure.  Industry requested that lawmakers delete “horses” from the proposed statutory definition of “pets,” but retain “horses” as a stand-alone category.  In response to industry messages communicated to congressional leaders during the past six months, the final conference report states that the bill “clarifies the definition of pet to include certain companion animals, while also providing protections for other animals such as horses, service animals, and emotional support animals.”   The revised definition helps preserve the long-standing classification of horses as “livestock,” while allowing equines to fall within the scope of property damage subject to compensation within the parameters of the PAWS Act.

A preliminary review of the legislation shows that lawmakers are moving in the right direction with respect to funding important animal health programs.  Unlike earlier versions of the bill, the legislation mandates rather than authorizes minimum appropriations totaling $150 million to fund the National Animal Vaccine Bank (NAVVCB), the National Animal Disaster Preparedness and Response Program (NADPRP) and National Animal Health Laboratory Network (NAHLN), among other programs, for FY 2019 to 2023.  Of the $150 million of mandated funding, the bill stipulates that Congress will appropriate $112 million “to be allocated among the NAHLN, the NADPRP and the NAVVCB.”  With respect to the NAHLN, a major priority for the horse industry, the legislation further authorizes up to $30 million per year over the five-year span of the farm bill, matching industry’s authorization request.   Additionally, the legislation provides “$255 million in annual mandatory funding” for Foreign Market Development, the Market Access Program, and other programs that support the USDA’s Foreign Agricultural Service (FAS).   To view a copy of the conference report to H.R. 2, please click here: https://docs.house.gov/billsthisweek/20181210/CRPT-115hrpt1072.pdf.  For more information related to legislative activity, please contact AHC’s Bryan Brendle at 202-296-4031.

Tell Congress to Pass Popular, Bipartisan Trails Bills!

As Congress returns for a final, “lame duck” session following the November 6 election, lawmakers have an opportunity to pass widely-supported, bipartisan legislation that promotes access to public lands for equine enthusiasts.   The horse industry seeks to push two major trails bills across the finish line:

Restore Our Parks and Public Lands Act (H.R. 6510/S. 3172) – The House Natural Resources Committee voted unanimously to pass H.R. 6510, the Restore Our Parks and Public Lands Act, underscoring the bi-partisan support behind the bill.  The House bill currently has 209 cosponsors.  On the other side of the Capitol, Sens. Rob Portman (R-OH) and Mark Warner (D-VA) have joined 33 senate colleagues to give momentum to the Restore Our Parks Act of 2018 (S. 3172).  The Restore Our Parks Act (H.R. 6510/ S. 3172) will fund National Park Service trails maintenance projects by diverting energy development revenues to a new public lands restoration account.

Recreation Not Red Tape (RNR) Act – Since House Natural Resources Committee Chairman Rob Bishop (R-UT) introduced the RNR Act (H.R. 3400) in 2017, the chairman conducted a full committee hearing, resulting in passage of the legislation in April 2018.   House leadership has the discretion to schedule a vote on H.R. 3400 before the end of the year.  The legislation currently has 12 bipartisan co-sponsors.  On the Senate side, Sen. Ron Wyden (D-OR) introduced a companion bill, S. 1633, which has won bipartisan co-sponsorships from Sens. Donnelly (D-IN), Ernst (R-IA), Tester (D-MT) and King (I-ME).  Although leadership has referred the bill to the Senate Energy and Natural Resources Committee, no hearings have been scheduled.

While the Restore Our Parks legislation has quickly gained significant support from lawmakers, the RNR Act has not gained as much traction.  To put more horsepower into the bill, urge your lawmakers to co-sponsor the RNR Act.  Please contact your lawmakers today, and urge them to pass these important bills before the end of the year.

https://app.muster.com/take-action/P4REOVPGyI/?t=2c7b32a935cf62d1ff63ac51090e0011

AHC Announces Topic for 4th Quarter Webinar

Webinar to focus on State Equine Liability Law

The American Horse Council (AHC) will conduct its fourth quarter webinar for 2018 examining the legal landscape that characterizes diverse state equine liability laws.  The hour-long session will feature two nationally recognized practitioners of equine law, Julie Fershtman, Esq. and Milton Toby, Esq.  The webinar will take place on Wednesday, November 14, at 3:00 pm ET.

According to the 2017 economic impact study analyzing the horse industry, more than 30% of U.S. households include equine enthusiasts among their ranks.  Nearly two-thirds of this group – or more than 17% of U.S. households – includes individuals who are active participants in equine activities making them subject to liability waivers.  The waivers can take the form of written contracts and/or signage placed on an equine property and may limit the rights and responsibilities of riders and property owners engaged in equine activities.   Because equine liability law is a state matter, the $122 billion U.S. horse industry is subject to a patchwork of disparate laws and regulations that vary across jurisdictions.  Ms. Fershtman and Mr. Toby will help us navigate the legal maze, identifying common threads that cross state lines, and analyze nation-wide legal trends impacting the equine sector.

Julie Fersthman is a shareholder in the Michigan-based law firm of Foster Swift.  Her law practice covers all equine breeds and disciplines and serves stables, industry professionals, associations, trainers, and show management.  Highly experienced in handling a variety of disputes involving the equine sector, Ms. Fershtman has served as special out-of-state counsel on equine-related lawsuits in 18 jurisdictions across the country.

Milton Toby is an attorney and award-winning author based in central Kentucky.  For the last decade, he has taught courses in equine commercial law, regulatory law, and federal income tax for the equine industry program in the University of Louisville’s College of Business.  A noted thoroughbred racing historian, Mr. Toby has written about high profile racing disqualification controversies and horse theft.

The webinar is open to both AHC members and non-members—we encourage everyone to attend! The webinar lasts approximately one hour, and will allow for Q&A at the end of each speaker’s presentation.  To register for the webinar, please contact Dennis Martinez at DMartinez@horsecouncil.org.  We look forward to having you join us on November 14.