II 112th CONGRESS 1st Session S. 1281 IN THE SENATE OF THE UNITED STATES June 27, 2011 Mr. Kirk (for himself and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to prohibit the transportation of horses in interstate transportation in a motor vehicle containing two or more levels stacked on top of one another.

1.

Short title

This Act may be cited as the Horse Transportation Safety Act of 2011.

2.

Transportation of horses

Section 80502 of title 49, United States Code, is amended— (1)in subsection (c), by striking This section does not and inserting Subsections (a) and (b) shall not; (2)by redesignating subsection (d) as subsection (e); (3)by inserting after subsection (c) the following: (d)

Transportation of horses

(1)

Prohibition

No person may transport, or cause to be transported, a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States in a motor vehicle containing 2 or more levels stacked on top of each other. (2)

Motor vehicle defined

In this subsection, the term motor vehicle— (A)means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways; and (B)does not include a vehicle operated exclusively on a rail or rails. ; and (4)in subsection (e), as redesignated— (A)by striking A rail carrier and inserting the following: (1)

In general

A rail carrier ; (B)by striking this section and inserting subsection (a) or (b); and (C)by striking On learning and inserting the following: (2)

Transportation of horses in multilevel trailer

(A)

Civil penalty

A person that knowingly violates subsection (c) is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation. A separate violation occurs under subsection (c) for each horse that is transported, or caused to be transported, in violation of subsection (c). (B)

Relationship to other laws

The penalty provided under subparagraph (A) shall be in addition to any penalty or remedy available under any other law or common law. (3)

Civil action

On learning .