What it changes

1 change to H.R. 3288

Adds a section
  1. Adds Sec. 197. (a) Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following: on page 240, between lines 18 and 19

    Adds a sectionPrinted page

    Inserted: Sec. 197. (a) Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following:

    Inserted: "Sec. 31152. Transportation of horses

    Inserted: "(a) In General.--A person may not transport, or cause to be transported, a horse from a place in a State through or to a place in another State in a commercial motor vehicle that--

    Inserted: "(1) has 2 or more levels stacked on top of one another; or

    Inserted: "(2) contains more than 30 horses.

    Inserted: "(b) Enforcement.--

    Inserted: "(1) In general.--If the Administrator of the Federal Motor Carrier Safety Administration determines that a person has violated subsection (a) after providing that person with notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, the Administrator shall impose a civil penalty of not less than $1,000 and not more than $5,000 for each horse that the person transported, or caused to be transported, in violation of subsection (a).

    Inserted: "(2) Relationship to other laws.--A civil penalty imposed under this subsection shall be in addition to any other penalty or remedy available under any other law.

    Inserted: "(c) Definitions.--In this section:

    Inserted: "(1) Commercial motor vehicle.--The term 'commercial motor vehicle' has the meaning given that term in section 31101.

    Inserted: "(2) State.--The term 'State' means any of the several States, the District of Columbia, or any other territory or possession of the United States.".

    Inserted: (b) The table of sections for such chapter is amended by inserting after the item relating to section 31151 the following:

    Show 1 more inserted paragraph

    Inserted: "31152. Transportation of horses.".

    Original wording

    On page 240, between lines 18 and 19, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2385. Mrs. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 240, between lines 18 and 19, insert the following:

Sec. 197. (a) Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following:

“Sec. 31152. Transportation of horses

“(a) In General.--A person may not transport, or cause to be transported, a horse from a place in a State through or to a place in another State in a commercial motor vehicle that--

“(1) has 2 or more levels stacked on top of one another; or

“(2) contains more than 30 horses.

“(b) Enforcement.--

“(1) In general.--If the Administrator of the Federal Motor Carrier Safety Administration determines that a person has violated subsection (a) after providing that person with notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, the Administrator shall impose a civil penalty of not less than $1,000 and not more than $5,000 for each horse that the person transported, or caused to be transported, in violation of subsection (a).

“(2) Relationship to other laws.--A civil penalty imposed under this subsection shall be in addition to any other penalty or remedy available under any other law.

“(c) Definitions.--In this section:

“(1) Commercial motor vehicle.--The term ‘commercial motor vehicle' has the meaning given that term in section 31101.

“(2) State.--The term ‘State' means any of the several States, the District of Columbia, or any other territory or possession of the United States.”.

(b) The table of sections for such chapter is amended by inserting after the item relating to section 31151 the following:

“31152. Transportation of horses.”.

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Senate amendment submitted

September 15, 2009