BILL ANALYSIS                                                                                                                                                                                                    



                        SENATE FOOD and AGRICULTURE COMMITTEE
                            Senator Dean Florez, Chairman

          BILL NO:    SJR 22                    HEARING:  3/16/10
          AUTHOR:   Florez                      FISCAL:  No
          VERSION:  2/10/10                     CONSULTANT:  John Chandler
          
                                       Horses.

          BACKGROUND AND EXISTING LAW

          In 1998, California voters passed Proposition 6, the Prohibition  
          on Slaughter of Horses and Sale of Horsemeat for Human  
          Consumption Initiative, with over 59% of the vote.  Proposition  
          6 established a felony crime for any person who buys, sells,  
          gives away, holds, imports, exports, or accepts a horse with the  
          intent to slaughter or have another slaughter the horse for  
          human consumption.  The proposition also established a  
          misdemeanor for the sale of horsemeat for human consumption.

          Currently in the United States Congress, there are two bills, HR  
          503 and S 727, to create the Prevention of Equine Cruelty Act of  
          2009.  These bills would amend the federal criminal code to  
          impose a fine and/or prison term of up to three years for  
          possessing, shipping, transporting, purchasing, selling,  
          delivering, or receiving any horse, horse flesh, or carcass with  
          the intent that it be used for human consumption. The bills  
          reduce the prison term to one year if the offense involves less  
          than five horses or less than 2,000 pounds of horse flesh or  
          carcass and the offender has no prior conviction for this  
          offense.

          HR 503 and S 727 are the latest efforts to prevent the slaughter  
          of horses for human consumption.  During previous Congressional  
          sessions, similar efforts have attempted to move a horse  
          slaughter ban through Congress.  However, none of those bills  
          has made it into federal law.  

          It is estimated that around 100,000 American horses are  
          slaughtered for their meat per year.

          PROPOSED LAW

          SJR 22 requests Congress to support federal legislation to  
          protect American horses from slaughter for human consumption.

          COMMENTS

          1.Proponents of this resolution state that despite the passage  




          SJR 22 - Page 2


            of Proposition 6 in California to stop the slaughter of horses  
            for human consumption California horses are being transported  
            out of the state to auction where they can be purchased for  
            slaughter for human consumption.  A national standard by  
            federal law preventing horse slaughter for human consumption  
            would reinforce the actions taken in California, with the  
            passage of Proposition 6, to protect California's horses from  
            slaughter for human consumption. 
            Proponents further state that many of the horses sent to  
            slaughter are in sound and good condition.  When these horses  
            are sent to auction, horse rescue operators report being  
            outbid by buyers sending horses to slaughter.  Congressional  
            adoption of a national ban would help horse rescue operations  
            while bringing federal law protecting horses from human  
            consumption to the same level as California.  

          SUPPORT
          
          American Society for the Prevention of Cruelty to Animals
          The Humane Society of the United States

          OPPOSITION
          
          None received