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☛ Protesters object to round up of wild horses in Nevada 7-18 -18

Posted by on Jul 18, 2018 in BREAKING NEWS, HORSE ABUSE, HORSE HEALTH, HORSE NEWS, INDUSTRY NEWS, WHO, WHAT & WHERE | 0 comments

PROTESTORS OBJECT TO PLANS TO ROUND  UP 50 WILD HORSES OUTIDE GARDNERVILLE, NEV.

 

Reprint of article by Claire Cudahy
ccudahy@swiftcom.com

July 17, 2018

“Hey hey BLM, why not let our horses stay?” and “We love our mustangs” were the rallying cries of around 50 people protesting a scheduled roundup of wild horses outside the Bureau of Land Management State Office in Reno Tuesday.

This month the BLM is slated to remove and prepare for adoption up to 50 horses from the Fish Springs near Gardnerville, Nev. — a move that has received pushback from community members who enjoy the horses’ presence and say they attract tourism to the area.

On Tuesday members of the Pine Nut Wild Horse Advocates and the American Wild Horse Campaign delivered around 170,000 petition signatures from people “across the world,” according the groups’ press release, to BLM State Director Michael Courtney.

This came less than a week after 300 residents packed into the Fish Springs Volunteer Fire Department to discuss the decision to round up the herd. With “no additional information or comment” to add, BLM staff did not attend the meeting, according to an email from the agency to the Advocates.

 

With the petition, the wild horse groups hope to persuade the BLM to reduce the number of horses taken from the herd — at last BLM count around 80 — and instead allow the nonprofits to continue volunteer darting operations with contraceptives.

“We’ve already darted 35 mares and boosted about half of them just in 2018,” said Deb Walker, president of Pine Nut Wild Horse Advocates. “It’s done by 100 percent volunteers with 100 percent donations.

 

The groups also want the agency to “leave all family bands intact.”

“People come from all over the world to see our horses. We have 44,000 world followers on Facebook,” added Walker. “They bring tax dollars into our community and this will unfortunately curb that if they are gone.”

But the BLM says they are operating on a federal mandate to manage the number of wild horses in the state — and overpopulation is destroying the habitat and resources for other native wildlife.

“Currently the range in that Pine Nuts area cannot support the number of horses along with the amount of natural wildlife that exists out there. We’ve got to get that balance back,” said Jenny Lesieutre, Nevada wild horse and burro public affairs specialist at BLM.

“As of March 1 there was a wild horse population of about 775 horses [in the Pine Nut Herd Management Area], and the high appropriate management level is 179.”

(Fish Springs is located just outside of the management area, but the horses filter back and forth over the boundary, according to Lesieutre.)

Lesieutre says there is not enough water and food in the Fish Springs habitat to support the current population.

It’s true across Nevada, which at last count has 44,000 wild horses — nearly three and a half times what the agency has determined as the high appropriate management level.

Darting contraception is only between 68-86 percent effective, said Lesieutre, and only “slows the population growth.”

“It is a great tool once you’re at appropriate management levels because what that does is expands the time between when you need to remove horses from the range.”

The BLM last rounded up 67 wild horses living outside the management area in November 2010, including a herd in Fish Springs. The contraceptive pilot program began in 2014, was temporarily stopped in 2016, and reinstated the following year.

Ultimately it’s unclear if the petition will change the BLM’s plans for the round up this month.

“I couldn’t answer that. We are mandated by law to manage horses,” said Lesieutre. “And management means just that — to not let them prolifically keep breeding and destroying all other wildlife in the range. We are following the mandates of Congress for the long-term benefit of the horses.”

Pine Nut Wild Horse Advocates’ Walker could not speculate on the outcome either.

“This is Washington telling the local BLM what they have to do,” said Walker. “They have some discretionary power. They could come to the table and they have done some compromising with us, but there is more that needs to be done.”

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☛ Dos Cats Partners – Legal Fact or Creative Writing 7-16-18

Posted by on Jul 16, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, HORSE ORGANIZATIONS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

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DOS CATS PARTNERS – LEGAL FACT OR CREATIVE WRITING

 

ADDENDUM I

 

July 16, 2018
By Glory Ann Kurtz

 

On, July 1, 2018, I released an article on allaboutcutting.net entitled “Dos Cats Partners” – Legal Fact or Creative Writing?” The first paragraph specifically states, “The Dos Cats Partners name is identified, referenced to and provable as a Dufurrena operated “business entity” by Dufurrena, in Texas, and is identified in a myriad of provable and “identifiable locations”, (i.e.)

 

  1. In legally filed, open-record court documents in the Minshall Versus Dufurrena and “Dos Cats Partners” lawsuit.

 

  1. In legally filed, open-record court documents in the Vogel’s Versus Dufurrena lawsuit and “Dos Cats Partners” Receivership Appointment Request.

 

  1. In Dufurrena’s June 14, 2018 letter to the Officers and Directors of the National Cutting Horse Association (NCHA).

 

  1. In the March 25, 2011 “Dos Cats Partners” agreement by and between Eugene and Janie Vogel and Edward L. Dufurrena and Shona Dufurrena, that is included in Dufurrena’s June 14, 2018 letter to the Officers and Directors of the NCHA.

 

Since the release of the first article, my investigation “has-confirmed” the use of the “Dos Cats Partners” name is also included in an AQHA transfer and registration registry for “Auspicious Cat.” As you may remember, Dufurrena states in his June 14, 2018 letter to the NCHA that this stallion is owned by Dufurrena.  Notwithstanding, this stallion was also the central focus of the Minshall Versus Dufurrena and “Dos Cats Partners” lawsuit for fraudulent advertising due to falsely advertising the stallion as HERDA NEGATIVE, when AQHA registry records “unequivocally verify”  that Auspicious Cat is HERDA POSITIVE.

 

  1. AQHA registry records for “Auspicious Cat”.

 

Furthermore, Dufurrena’s June 14, 2018 letter to the NCHA, reflects Dufurrena’s own  self-admission” of his use and ownership of the “Dos Cats Partners” moniker. Additionally, Dufurrena’s June 14, 2018 letter to the NCHA, along with other areas of identification, also proves that Dufurrena has used “Dos Cats Partners”, as a (dba) or an assumed nameidentifier. For the record, the use of the acronym (dba) or “doing business as” moniker, is identified under Texas Law as “an assumed name.”  Therefore, this acronym is a word formed from the initial or letters of each of the successive parts or major parts of a compound term. For example:

 

Evidence of such use and “self-admitted ownership”, by Dufurrena, is reflected in his June 14, 2018 letter to the NCHA, whereby he states as follows:  “On January 1, 2016, I purchased the Vogel’s share of “Auspicious Cat” –  Exhibit 14. At that time, the co-ownership agreement was over as there were no horses remaining. Auspicious Cat was owned by me before the Vogel’s acquired (49) percent of him. The horse was originally part of “Dos Cats Partners” that was, at one time, a partnership. I ultimately bought out the other partners and kept the name. The partnership ceased to be such an entity when there were no other partners. I used it like an assumed name,” or “dba”. Once the Vogel’s no longer owned (49) percent, I kept the horse under the same name.”

 

In the Dufurrena/Vogel – March 25, 2011 hand-written “agreement”, Dufurrena refers to this agreement as being: “also known as Dos Cats Partners.

 

Acting on the foregoing information and facts, I furthered my investigation as an investigative journalist, and discovered that a (dba) or “an assumed nameused in Texas for business purposes. is subject to filing requirements by law, with the Texas Secretary of State, as well as with the county clerk the business is operating in?

 

My Dufurrena  “Dos Cats Partners investigation” revealed: 1) “Dos Cats Partners” doesn’t have a record of “ever being registered” with the Texas Secretary of State and 2) the “Dos Cats Partners” doesn’t have a record of ever being registered with the Cooke County, Texas Clerks Office. Both of which are required by Texas Law.

 

INVESTIGATION CONCLUSION:

 

Essentially, open-record court documents, as well as Dufurrena’s “self-admission” statement included in his June 14, 2018 letter to the NCHA, proves Dufurrena’s use of the “Dos Cats Partners” moniker, a (dba) or “an assumed name,” through three separate instances, i.e., 1) in the Vogel’s Versus Dufurrena lawsuit, 2)in the Minshall’s Versus Dufurrena lawsuit and 3) in the Dufurrena 2006 AQHA registry, which includes “Auspicious Cat.” This is evidenced by:

1.   The Minshall Versus Dufurrena and “Dos Cats Partners” lawsuit.

2.     The Vogel’s versus Dufurrena lawsuit.

3.    AQHA “Auspicious Cat” registry records.

 

I also discovered that Texas Law dictates written signatures of all participants in the partnership are required upon filing. Pursuant to the original article filing, my expanded investigation concerning the filing requirements of a “dba” or “an assumed name” in Texas, revealed the following facts.

 

TEXAS (“dba”) or “AN ASSUMED NAME” FILING REQUIREMENTS.

 

Texas Business and Commerce Code.

Title 5: Regulation of Businesses and Services, Subtitle (A). General Practices.

Chapter 71.001. Assumed Business or Professional Name.

Subchapter A. General Provisions.

Sec.71.001. Short Title. This chapter may be cited as the “Assumed Business or Professional Name Act.

 

Sec. 71.051. Certificate for certain unincorporated persons. A person must file a certificate under this subchapter if the person regularly conducts business or renders a professional service in this state under an assumed name other than a corporation, limited partnership, limited liability partnership, limited liability company or a foreign filing entity.

 

Sec 71.052. Contents of Certificate. The certificate must state:

      (1)     The assumed name under which the business is, or is to be, conducted or the professional service is or is to be rendered

 

(2)     If the registrant is:

(A)     An individual, the individual’s full name and residence address

(B) a partnership:

(i)      The venture or partnership name,

(ii)     The venture or partnership office address,

(iii)    The full name of each joint venture venturer or general partner and

(iv)    each joint venturer’s or general partner’s residence address if the venturer or partner is an individual.

 

Sec. 71.053. Execution of Certificate.

 (a)     The certificate must be executed and acknowledged:

(1)     by each individual whose name is required to be stated in the certificate or the individual’s representative or attorney-in-fact.

 

Sec. 71.054. Place of Filing.

A person shall file the certificate in the office of the county clerk in each county in which the person:

(1)     has or will maintain business or professional premises, or

(2)     conducts business or renders a professional service, if the person does not or will not maintain business or professional premises in any county.

 

Subchapter D. General Provisions Regarding Assumed Name Certificate.Sec. 71.151. Duration and Renewal of Certificate.

 

(a)     A certificate is effective for a term not to exceed 10 years from the date the certificate is filed.

 

Subchapter E. Penalties.

Sec 71.201. Civil Action; Sanction.

 (a)     A person’s failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the person from defending any action or proceeding in any court of this state, but the person may not maintain in a court of this state an action or proceeding arising out of a contract or act in which an assumed name was used until an original, new or renewed certificate has been filed as required by this chapter.

 

(b)     In an action or proceeding brought against a person who has not complied with this chapter, the court may award the plaintiff or other party bringing the action or proceeding expenses incurred, including attorney’s fees, in locating and effecting service of process on the defendant.

 

Sec 71.202. Criminal Penalty: General Violation.

 

 (a)     A person commits an offense if the person:

(1)     Conducts business or renders a professional service in this state under an assumed name and (2) intentionally              violates this chapter.

 

(b)     An offense under this section is a Class A misdemeanor.

 

 Click for Title 5 information>> 

 

Class A Misdemeanor – Definition:

 

“Criminal Offenses in Texas are divided into two main categories: felonies and misdemeanors. A Class A Misdemeanor carries punishments of a fine of up to $4,000.00 and/or imprisonment of up to one year in a county jail.”

 

Therefore, my investigation has concluded with backup documents as usual: Dufurrena’s “Dos Cats Partners” – (dba) or “an assumed name”, hasn’t been in compliance with Texas business law through two lawsuits, i.e., Minshall’s and Vogel’s.  This is evidenced by my records check with the Texas Secretary of State and the Cooke County Clerks Office.

 

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☛ NRCHA Snaffle Bit Futurity comes to Texas – AGAIN 7-12-18

Posted by on Jul 12, 2018 in BREAKING NEWS, COW HORSE NEWS, HORSE ORGANIZATIONS, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 1 comment

NRCHA SNAFFLE BIT FUTURITY COMES TO TEXAS –  AGAIN 

ACTION TAKES PLACE OCT. 7-20 IN WILL ROGERS MEMORIAL CENTER, IN FORT WORTH, TEXAS

 

By Glory Ann Kurtz
July 12, 2018

 

CORRECTED COPY!

It’s three months away; however, excitement is already building for horse enthusiasts in the Fort Worth area, as the National Reined Cow Horse Association Snaffle Bit Futurity will be experiencing their Texas experience for only the second time when they move the event to the Will Rogers Memorial Center in Fort Worth, Texas even though their association offices moved from the West Coast to Pilot Point, Texas, several years ago.

 

From humble beginnings in 1970, with a mere 27 entries, the NRCHA SB Futurity has flourished into one of the most prestigious and exciting events in the Western performance industry.

 

Scheduled for Oct. 7-20, the two-week event will feature thrills and occasionally spills from the industry’s leading riders on 3-year-old horses competing in three demanding events, including herd work, rein work and fence work. The winning Open horse and rider will take home a $125,000 first-place paycheck. The total payout for the entire show will top $1.1 million.

 

Limited age-event added money will total $606,419, which includes a $491,419 total added Open and Intermediate Open and Limited Open classes. The purse in the Non-Pro will include $100,000 added, along with $5,000 added to the Level One Limited Open, Amateur and the Non-Pro Limited Futurity.

 

Hundreds of horses and thousands of fans from across the U.S., Canada and overseas make the journey to the Futurity each year and since it will be held in Fort Worth in the famed Will Rogers Coliseum, the fan base may be huge.Also during the show, there will be the NRCHA Hall of Fame Banquet, the Best of the West trade show, two days of Snaffle Bit Futurity Horse Sales and horse show classes for horses 4 and older.

The aged event added money totaling $606,419 includes $491,419 added to the Open, Cinch Intermediate Open and Limited Open.  $100,000 is added to the Discount Tire Non Pro Futurity along with $5,000 added to the Level One Limited Open, the Amateur and the Non Pro Limited Futurity.

Horse Show Added Money totals $33,500 and includes a $7,000 Added Open Bridle and Open Hackamore and $3,000 added Non-Pro Bridle and Non-Pro Hackamore. Again this year is the Zoetis AQHA Ranching Heritage Challenge.

One of the important terms and conditions is that 3-year-old-horses may not have worked cattle in the Will Rogers Coliseum or other facilities at the Will Rogers Memorial Center prior to the NRCHA Snaffle Bit futurity, with the exception of when that work occurred as an entry in an approved NRCHA or NRCHA Alliance Partner (NCHA / AQHA / APHA) event.

NEW NRCHA SNAFFLE BIT FUTURITY FINALS FORMAT:

The NRCHA Board of Directors has implemented a new Open Finals format for the 2018 NRCHA Snaffle Bit Futurity; one that puts the health and safety of the equine triathletes first.

Riders and horses that advance to the Open Finals and any additional lower divisions, will make one run in the Open Finals go-rounds. The scores earned in the Open Finals will be carried to the lower divisions. For example, if a rider qualifies for the Open and Intermediate Open Finals, he/she will complete their herd work, rein work and fence work during the Open Finals; they will not show during the Intermediate and Limited Open Finals. If a rider qualifies for the Intermediate and/or Limited Open Finals only, he/she will compete in the Intermediate and Limited Open Finals as usual.

The Board of Directors took their time making this decision, considering every aspect of this new policy. After much deliberation, the Board members determined the overall health of the young equine athletes was priority.

“We constantly worry about our horses’ physical and mental well being throughout the process. Not only do we want them to be successful at the Futurity, we also want them to have long, happy and productive careers beyond their 3-year-old year. The best cow horses are those who continue as happy, sound derby/hackamore horses, two rein horses and bridle horses,” said NRCHA President Todd Crawford.

In addition to limiting the number of runs a multi-divisional Open Finalists will make, the Board also approved a schedule that minimizes the number of times a horse will show in one day. Historically, 3-year-old Finalists complete their herd work, rein work and fence work all in one day. This year, all Finals herd work is held on Thursday, Oct. 18, while the rein work and fence work is dispersed over Friday and Saturday.

By implementing this new format, the NRCHA Board of Directors hopes to decrease the wear and tear on our young horses and to help secure the longevity of their future show career. Reined cow horse is a demanding sport where horses must be able to compete in three events with excellent athleticism, ability and stamina. The 3-years-olds rise to this challenge at the Snaffle Bit Futurity. The NRCHA Board said they are honored to host an event where these young triathletes can showcase their amazing talent Oct. 7-20, 2018 in Fort worth.

 

2018 ENTRY INFORMATION
Progressive Entry – Next Payment Postmark Deadline 7/16/18
Slots – Final Payment Postmark Deadline 8/15/18
2018 Snaffle Bit Futurity Terms and Conditions – includes Futurity Entry Form
Hackamore Classic/Horse Show – includes Entry Form
AQHA Ranching Heritage Show Information – includes Entry Form

SBF General information

 

SALES TO BE HELD DURING THE NRCHA SBF; ALL NEW PURSE PAYOUT

Sales, managed by Western Bloodstock, will be held Friday and Saturday, Oct. 19-20 during the NRCHA Snaffle Bit Futurity. All weanlings, yearlings and 2-year-olds sold at this year’s sales are eligible to participate in the NRCHA Sale Program.

Starting last year, all weanlings and yearlings SOLD (have to be sold) at the Western Bloodstock Snaffle Bit Futurity Sales became eligible for the ALL NEW PURSE PAYOUT starting with last year’s yearlings competing at the 2019 NRCHA Snaffle Bit Futurity and weanlings competing at the 2020 NRCHA Snaffle Bit Futurity. The total purse will consist of $25,000 in added money with buyer nomination fees – Yearling fees going to 2019 purse-and weanling fees to 2020 purse. Western Bloodstock adds all repurchase fees collected. Sale Repurchase fees from all sessions of the 2017 sale repurchases are added to the 2019 Sale Incentive purse; 2018 sale repurchase fees from all sessions are added to the 2020 Sale Incentive Purse and all 2019 Sale Repurchase Fees from all sessions are added to the 2021 Sale Incentive Purse.

Click for Western Bloodstock NRCHA sale entries>>

WB Sale Incentive for NRcHA SBF Sale 18

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☛ Vic Clark passes away suddenly 7-10-18

Posted by on Jul 10, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, INDUSTRY NEWS, WHO, WHAT & WHERE | 0 comments

VIC CLARK PASSES AWAY SUDDENLY

 

CPA WAS INDUCTED INTO ALL AMERICAN QH CONGRESS HALL OF FAME

 July 10, 2018
Press release from OQHA

Philip “Vic” Clark, 65, of Shelby, passed away Sunday afternoon, July 8, 2018, at OhioHealth Riverside Hospital in Columbus. His sudden passing has sent shock waves throughout his family and the horse world, but one of his friends believed Jesus needed his taxes done. He was born November 9, 1952, in Hebron, Ohio to Phil and Betty (Holtsberry) Clark.

Vic was born on Nov. 9, 1952. He graduated from Lakewood High School, attended Oberlin College, and received his Bachelor degree from The Ohio State University. He had a very analytical mind that he utilized in every aspect of his life. He was a CPA and partner at Campbell-Rose and Company and valued the relationship of his partner, Mike, who had also been his friend for 42 years. Vic was a fierce advocate for his clients throughout the world and considered each one a friend. Always ready with a smile, he gave the greatest hugs. He was a member of Ontario United Methodist Church, which benefited from his passion and gusto. In his free time, he enjoyed hitting the golf course.

Vic was the master of horse pedigrees and had a genuine love for good horses. He has served on the OQHA Board of Directors for 36 years and served as its Congress Tri-Chairman from 1991-1996; the association’s President in 1997-98; as Tri-Chairman from 1999-2002, and again in 2007. Vic was inducted into the All American Quarter Horse Congress Hall of Fame in 2014.

 

He was a lifetime member of NSBA, President in 2001, and inducted into the Hall of Fame in 2007. Vic was the recipient of the Lifetime Achievement Award from NSBA in 2015. He was a member of the American Quarter Horse Association, and chairman of the membership committee; member of the National Reining Horse Association, Chairman of the Sale Committee. Vic judged reining competitions internationally and was highly respected for his vast knowledge. He participated in numerous auctions and sales over the years. His passion for horses included mentoring others in the aspects of horse husbandry. Vic’s contribution to the Quarter Horse community will be greatly missed.

 

“We are so sad to hear of the passing of Ohio Quarter Horse Association Past President and Congress Super Sale Committee Chair Vic Clark,” said a member of the Ohio Quarter Horse Association.

“Vic was a great man with a wealth of knowledge not only pertaining to OQHA and the Congress, but to all horses in general. He was the master of horse pedigrees and had a genuine love for good horses.

We cannot begin to imagine not having Vic at our OQHA events and board meetings or the All American Quarter Horse Congress Super Sale.

Our thoughts and prayers will remain with his devoted wife Libby and all of Vic’s friends and family as they navigate this heartbreaking journey without him

 

He is survived by his wife of almost 42 years, Elizabeth “Libby” (Starcher) Clark; sister, Dania (Jacques) Lempers; niece and nephews, Dr. Angela (Brendan) Campbell, Adam (Debbie) Abeyta, and Justin Starcher; aunt, Diana Ours; cousins, Kevin Ours, Greg Ours and David Gregory, and brother-in-law, Blaine (Denise) Starcher. He is preceded in death by his parents.

The family will receive friends from 2:00-4:00 p.m. and 6:00-8:00 p.m. Sunday, July 15, 2018, at Ontario United Methodist Church, 3540 Park Avenue West, Ontario, Ohio. The funeral service will be held Monday, July 16, at 11:00 a.m. in the church. Memorial contributions may be made to the Ohio Quarter Horse Association or Ontario United Methodist Church. The Ontario Home of Wappner Funeral Directors is privileged to serve the family.

Visit https://www.wappner.com/obituary/philip-vic-clark/ for visitation/service information and directions.

 

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☛ Letter to the Editor 7-8-18

Posted by on Jul 8, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ORGANIZATIONS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, TO THE EDITOR, WHO, WHAT & WHERE | 3 comments

Hi Glory Ann!
It’s been some time since our last communication, but I’ve certainly kept up with your investigation into the Dufurrena fiasco.  I must commend you on your tenacity in helping expose the truth!  Now, on the eve before the Dufurrena appeal hearing, I wanted to share the following thoughts with you.  I, along with so many others, are sick to death of legal issues and lawsuits involving the NCHA! The ship needs to be righted, and wrongs need to be accounted for, so our association can garner the respect it once had.  In doing so, the rules need to be enforced evenly and fairly!
There is NO DOUBT the Dufurrenas cheated the Vogels, and broke NCHA ownership rules!  The rules clearly state that a competitor or family member MUST own their horse to show in the non pro! It does not say, “You can think you own the horse you are showing”.  The simple dismissal by Phil Rapp (NCHA President…Who received Stevie Rey Von breedings from the Dufurrenas) saying the “Kids”(who are really adults) didn’t know anything about ownership issues WILL NOT WORK as an excuse to go easy on the Dufurrena family.  If Brandon and Rieta truly didn’t know (Which is HIGHLY UNLIKELY) that the Vogels owned a percentage of the horses they were showing, Ed and Shona are worse than what we all thought!  And if this is the case, they need to look to their parents for recourse, not the NCHA!  If the Dufurrena family is not punished like those who have committed the same offenses, We will all know the fix is in, and the NCHA WILL be sued and WILL lose!!  I’m not sure how astute the appeals board members are, but they, along with the Association members need to know! All I’m advocating is to treat people fairly!
Please use this as you see fit! And if you choose to use it, time is of the essence as their hearing is tomorrow morning! Thank you for your tireless effort to rid our great sport of bad apples!!
Name withheld
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☛ Modernizing agricultural acts would provide some fixes for horse transportation 7-7-18

Posted by on Jul 7, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE NEWS, INDUSTRY NEWS, REINING NEWS, RODEO & BULLRIDING NEWS, WHO, WHAT & WHERE | 0 comments

MODERNIZING AGRICULTURAL ACTS WOULD

PROVIDE SOME FIXES FOR HORSE

TRANSPORTATION

 

Press release from the Farm Bureau
July 7, 2018

Recently introduced bills address some of the unique challenges of transporting agricultural products and livestock. Both the Modernizing Agricultural Transportation Act and the Transporting Livestock Across America Safely Act would provide some fixes for hours of service regulations and the electronic logging device mandate.

 

Farm Bureau and several other agricultural groups’ primary concern with the HOS rules and the ELD requirement is the effect on the transported animals’ well-being.

 

Drivers who have to use ELDs would be limited to current hours of service rules, which restrict a driver to only 14 “on duty” hours, with no more than 11 active driving hours. Once a driver hits those maximum hour allotments, he must stop and rest for 10 consecutive hours, which would be problematic when transporting livestock and other live animals.

 

The Modernizing Agricultural Transportation Act (S. 3051) would require the secretary of transportation to establish a working group to identify obstacles to the “safe, humane, and market-efficient transport of livestock, insects, and other perishable agricultural commodities” and develop guidelines and recommend regulatory or legislative action to improve the transportation of these commodities.

 

The working group would have to consult various stakeholders and consider certain issues, including challenges and concerns caused by the HOS and ELD rules. The group is charged with submitting a report of its findings to the secretary, who would then use the report as a basis for proposing changes to the HOS regulations and the ELD mandate.

 

The measure would also suspend the ELD mandate for commercial motor vehicles hauling livestock, insects or perishable agricultural commodities until the secretary proposes regulatory changes.

 

The Transporting Livestock Across America Safely Act (H.R. 6079, S. 2938) would modify the HOS requirements for the hauling of livestock and fish in a few ways. Under the measure, HOS and ELD requirements would be inapplicable until after a driver travels more than 300 air-miles from the driver’s source.

 

In addition, the HOS on-duty time maximum hour requirement would be extended from 11 hours to a minimum of 15 hours and a maximum of 18 hours of on-duty time.

 

The bill would also exempt loading and unloading times from the HOS calculation of driving time; grant flexibility for drivers to rest at any point during their trip without counting it against HOS time; allow drivers to complete their trip – regardless of hours of service requirements – if they come within 150 air-miles of their delivery point; and require the driver to take a break for a period that is five hours less than the maximum on-duty time, after he completes his delivery and the truck is unloaded.

 

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