Bill No:  SB 1852, Horses:  hire and boarding standards - last updated 11/30/04

New bill introduced could have major negative consequences. Bill in CA Senate. SB 1852 by Senator Edward Vincent (D-Inglewood) would require owners of facilities that board horses or rent horses as a means of income, to provide exercise at least once per week to each horse. In addition, the measure requires that there be "adequate" drainage in each pen. This measure could easily have many negative impacts, as the definition for "boarding horses" could be interpreted very broadly. Please alert horse owners that they should contact the Senate Business and Professions Committee Chair, Liz Figueroa, by phone: 916-445-3090; fax: 916-327-8755; or email: senator.figeroa@sen.ca.gov with their opposition to this measure.

SENATE COMMITTEE ON BUSINESS AND PROFESSIONS

Senator Liz Figueroa, Chair

Bill No:  Senate Bill 1852      Author:  Vincent

As Introduced:  February 20, 2004           Fiscal:  No

SUBJECT:   Horses:  hire and boarding standards.

SUMMARY:  Establishes standards for the treatment of horses at boarding facilities.

Existing law:

1)     Sets standards of humane treatment of equines that are kept at facilities that provide horses for hire.  Specifically, requires:

a)     An equine enclosure be of sufficient size so the equine can comfortably stand up, turn around, and lie down.  Additionally, requires the enclosure be kept free of excessive urine and waste matter.

b)     Paddocks and corrals be of adequate size for the equine to move about freely.

c)     Buildings, premises, and conveyances used in conjunction with equines be kept free of sharp objects, protrusions, or other materials that are likely to cause injury.

d)     Equines be supplied with nutritionally adequate feed and clean water in accordance with standards published by the Cooperative Extension of the Division of Agricultural Sciences of the University of California.

2)     Authorizes a peace officer, officer of a humane society, or officer of an animal control or animal regulation department of a public agency to issue a citation to a person or entity keeping horses or other equine animals for hire if the person or entity fails to meet standards of humane treatment regarding the keeping of horses or other equine animals.

3)     Provides that citations issued pursuant to this section shall require the person cited to pay a civil penalty in the amount of $100 for each violation, and $100 for each day the violation continues.  Further, any person who violates this section may be prosecuted by the district attorney of the county in which the violation occurred or the city attorney of the city in which the violation occurred.

This bill applies the same standards that currently apply to facilities that provide horses for hire and would additionally require:

1)     Adequate drainage in an equine enclosure.

2)     Equines kept at the facility be given regular exercise time, weather and health permitting, as specified.  Further, specifies that reasonable efforts should be made to provide exercise time daily but in no event should the exercise occur less than once a week in accordance with standards published by the Cooperative Extension of the Division of Agricultural Sciences of the University of California.

3)     The exercise area be a corral, arena, pasture, or other area large enough to accommodate running and other natural equine behavior.

4)     The exercise program be part of the boarding agreement between the boarding facility and the owner of the equine.

5)     A person or entity keeping a horse or other equine animal for boarding to provide the owner of the horse or equine with a copy of the standards of treatment as specified.

FISCAL EFFECT:   Unknown

COMMENTS:

1.      Purpose.  The sponsor of this measure is the Fund for Animals.  According to the sponsor, many horses at commercial boarding stables are excessively confined, in some cases for weeks and months, with little and often no exercise.  Many suffer debilitating health problems as a result.  Existing animal protection laws, particularly with respect to horses, are vague and nonspecific.  There currently are no standards or requirements that apply to boarding facilities that rent stall space to owner of horses.  The issue of excessive confinement of a roaming species, specifically as it pertains to horses in increasingly urbanized stable environments, needs to be addressed.  The sponsor believes that this issue can be easily addressed through existing boarding agreements with individual owners and the facility once there are established standards.

2.      Background.  Many horses in typical commercial board and care stables live in pipe pens and box stalls.  The average stall is 12x12.  For a fee, sometimes between $200 to $500 per month, the stables provide them basic food and water.  More than 80% of domesticated horses in the U.S. live in urban areas and boarding facilities.

The Association of Veterinarians for Animal Rights (AVAR) indicates that many boarding facilities only provide the minimum of care needed for the well-being of horses.  Boarded horses are often subjected to standing in waste or damp soil, resulting in thrush or hoof rot.  AVAR notes that because many horses are not allowed to exercise, they are subject to abnormal hoof growth, lameness, tendon and ligament damage, and gastric ulcers.  Further, lack of normal exercise can cause stereotypic behaviors, such as cribbing, wind sucking, excessive pawing, and self-mutilation.

3.      Arguments in Support.  Veterinarians from various areas of the state have written to speak to the issue of the need for exercise in horses.  All attest to the importance of exercise for horses and a lack of exercise can lead to the physical and mental deterioration of the horse.

4.      Suggested Amendment.  The bill should specify that boarding is for commercial purposes only.  Committee staff understands that it was the intent of the Author that this measure only apply to commercial boarding facilities that are open to the public not private facilities.  The Author can address this by taking the following amendments:

a)     Page 2, line 9:  strike out "boarding" and insert "commercial boarding purposes"

b)     Page 2, line 30:  after "Equines" insert "boarded at commercial boarding facilities"

c)     Page 4, line 5:  strike out "boarding" insert "commercial boarding purposes"

SUPPORT AND OPPOSITION:

Support:    

• Fund for Animals (Sponsor)

• Association of Veterinarians for Animal Rights

• California Federation for Animal Legislation 

• Contra Costa Humane Society

• Individual Veterinarians

Opposition:          

• None on file

Consultant:            Robin Hartley