Call to Order and Roll Call
The 2nd meeting of the Free-Roaming Horse Task Force was held on Tuesday, September 20, 2016, at 11:00 AM, at the Breathitt County Extension Office, in Jackson, Kentucky. Senator Jared Carpenter, Chair, called the meeting to order at 11:18, and the secretary called the roll.
Present were:
Members: Senator Jared Carpenter, Co-Chair; Representative Fitz Steele, Co-Chair; Senators Brandon Smith and Robin L. Webb; Representatives David Hale and John Short; Phillip Brown, Rusty Ford, Ginny Grulke, Steve Hohmann, J.L. Smith, and Karen Waldrop.
Guests: Dave Moss, Vice President and Director of Governmental Affairs, Kentucky Coal Association; Bill Landrum, Breathitt County Animal Control; James Holbrook, Breathitt County citizen and horse owner; Judge-Executive Ben Hale, Floyd County; Duncan Caldwell, Harlan County Animal Control Officer; Nelson Reynolds, Knott County Animal Control Officer and Police Officer; Tonya Conn, Dumas Rescue; Katy Ross, Executive Director, Kentucky Horse Council; Debby Spencer, President, We Make Things Happen (WMTH) Corporation; Ervine Allen, Breathitt County Property Value Administrator (PVA); Adam Beam, Statehouse Correspondent, Associated Press Kentucky; Vicki Deisner and Stacy Segal, American Society for the Prevention of Cruelty to Animals (ASPCA); Lowell Atchley; Jeff Allen; Clifton Hudson; and Ray Moore.
LRC Staff: John Ryan, Jasmine Williams, and Becky Lancaster.
Approval of the Minutes from the August 23, 2016 Meeting
A motion to approve the minutes of the August 23, 2016 meeting was made by Representative Steele, seconded by Representative Short, and approved by voice vote.
Discussion of Issues and Actions Relating to Free-Roaming Horses
Rusty Ford, Office of the State Veterinarian, stated he sees the free-roaming horses as an asset not as a problem. In 2008, he began to see growth in the free-roaming horse herds of eastern Kentucky. Communities are exasperated by the economic downturn and there is no other viable market for moving horses out the region. The population of the free-roaming horses are continuing to grow due to natural reproductive practices. In Knott County, he has seen a rise in attention towards the animals’ welfare and public safety. Horses in the county roadways are a concern. It is challenging to identify the horses’ owner and ownership of the property where the horses are roaming. In regards to free-roaming horses, the task force should determine the adequacy of current laws and recommend updating the laws if necessary.
Representative Short read statements prepared by Representative Denham in his absence. Out of 9.2 million horses in the United States, there are 170,000 unwanted horses. Kentucky is home to 242,000 horses, however, 60,000 are unwanted. The Kentucky equine industry produces 40,665 jobs and $1.4 billion in annual revenue. It costs an average of $2,300 per year to care for one horse. Since the economic downturn of 2008, many people no longer have the funds to care for their horses.
Local Government and Stakeholders’ Concerns and Recommendations
Judge-Executive John Lester “J.L.” Smith, Breathitt County, stated there are visitors from in and out of the state who visit for the purpose of viewing the free-roaming horses. As the coal industry diminishes, local citizens and government recognize that tourism is one opportunity that could help stabilize and rebuild the eastern Kentucky area. In Breathitt County, the majority of the free-roaming horses are at least 17 miles from roadways. Surrounding counties have more issues with horses in their roadways. Due to a harsh economy, people are dropping off horses in eastern Kentucky because they can no longer afford to care for their horses. Horses that can be rescued and rehabilitated are limited. Since the slaughter market has ceased to exist, it is hard to find an option for an older horse the owner can no longer maintain.
Debby Spencer, WMTH, works with small communities on economic development through tourism. She is working with Breathitt County and the Appalachian Horse Center. Since 2014, WMTH has taken photos and inventoried 500 horses from seven counties in Eastern Kentucky. When completed, the Appalachian Horse Center could house 50 horses at a time for the typical 15 day holding period to claim a horse. The county does not have a holding area for the 15 day hold. A group of horsemen that have volunteered to have a gelding clinic. She would like to see free-roaming colts and stallions gelded and released back into the area to help control the breeding of the herds.
Rusty Ford stated the horses would have to be classified as abandoned or running at large on private property to be gelded legally.
Senator Webb stated there could be legal issues reconciling ownership of the horses. The law should be reworked to allow the definition of abandoned horses to protect private property interests and not open the door for an agenda of sterilization. There are new stray and abandon laws that are in effect but not being followed.
Debby Spencer stated she is working with horseman in Breathitt County to identify the horses’ owners and to notify them of gelding clinics available. Stallions are impregnating mares at a fast pace.
In response to a question from Dave Moss, Kentucky Coal Association, Debbie Spencer stated WMTH has counted, documented, and photographed 500 free-roaming horses in seven counties in eastern Kentucky. During the documentation process, she has been able to locate some of the horses’ owners.
In response to a question from Senator Carpenter, Mr. Ford stated he has put microchips in horses to be able to identify the horses. The microchip is more difficult than an ear tag because a person be close to the horse for a hands-on scan. Another alternative is to freeze brand the horses for identification but that is a labor intensive option.
Senator Short commented that many thoroughbred horses are tattooed under their tongues for identification. After October trail rides are over, there will be at least another 100 horses dropped off to free-roam in eastern Kentucky.
In response to a question from Senator Carpenter, Ms. Spencer stated that her records show there are 23 herds of horses in the Plant Ridge area in Breathitt County. The horses were in good condition during her last visit.
Judge-Executive Ben Hale, Floyd County, stated Floyd County has problems relating to free-roaming horses. He believes tourism is one viable option to replace funds lost due to the diminishing proceeds from coal. Each fiscal court is having a problem making ends meet because tax dollars are not coming into the county. However, horses are coming into the roadways, destroying property, and looking for salt. The horses are breeding quickly, and the number of horses in the area is expected to grow rapidly. The horses roaming are not being cared for properly. Three stallions were recently shot in Johnson County; those horses had been free-roaming that area for at least 7 years.
Tonya Conn, Dumas Rescue, stated there are at least 1,000 horses on five strip mines that she frequently visits. There are at least five stallions on each site with mares that have foals at their sides. Dumas Rescue has taken horses out of roadways in the Big Sandy area. In 2014, a school bus hit horses in the roadway. Earlier that same day, Dumas Rescue had escorted the horses off the road with salt blocks and hay, but the horses returned to the roadway looking for salt. Starvation among horses on the strip mine sites is a problem in the winter. There are no funds to provide salt and hay for the horses in the winter months.
In response to a question from Senator Carpenter, Ms. Conn stated that she estimates there are at least 800 horses that people do not claim in Floyd County.
In response to questions from Representative Hale, Ms. Conn stated Floyd County has a higher concentration of free-roaming horses due to the vast amount of strip mine land. Some horses traverse into Pike County and Magoffin County. There have been several accidents due to horses being in the roadways but none with major injuries to the people involved. If a person has public liability insurance, the insurance company should pay for the claim.
Judge-Executive Hale added that, if the person has full collision coverage, the claim is covered. An accident involving hitting a free-roaming horse would be similar to a claim involving hitting a deer or elk in the roadway. If stallions are not gelded, herds will grow fast and the problems involving the free-roaming horses will quickly worsen.
Representative Short commented that a mare has a nine day heat after she gives birth to a foal. When bred, that mare will have another colt within a year. The mare could be pregnant as well as nursing the foal previously birthed. The free-roaming horse herds grow quickly in number.
Senator Smith commented that one of the biggest issues facing the task force is to define abandonment in regards to the free-roaming horses. The task force should discuss the timeframe when a horse goes from labeled as abandoned to free-roaming. The task force should review if the horses are roaming on the coal companies’ lands.
Judge-Executive Hale said the task force should look at reasons why people are not taking care of their horses. The task force should review if people are turning out horses on private or public property. If a horse owner is not in control of the horse or otherwise know its location, and is not feeding, providing salt, or providing care for it, then the horse should be labeled as abandoned. The task force should take into consideration if the coal companies in the area still have a bond on the land that needs to be released.
Rusty Ford commented that a county official can post a picture of a free-roaming horse on the Department of Agriculture’s website to have the horse identified by the owner. After 15 days, if no owner comes forward to claim the horse, the horse is considered abandoned.
In response to a question from Senator Smith, Senator Webb stated there are many factors that are involved when determining if a county is liable if someone is in a collision with a free-roaming horse while the county is hosting an event to promote free-roaming horse tourism. The county may or may not fall under sovereign immunity. Senator Webb recommended that county judge-executives engage the county attorneys when trying to formulate local protocol to handle free-roaming horse issues.
In response to a question from Judge-Executive Smith, Judge-Executive Hale stated there is a problem with the free-roaming horses in Floyd County.
Judge-Executive Smith commented that the task force should address the population explosion with gelding clinics. The task force should examine if it is up to the county to enforce the “taker-up” laws and declare all the horses abandoned if not claimed after 15 days. He also suggested that if action is taken, the task force should discuss who will bear the cost of care and housing for the horses. He also recommended the task force look into how to control the population of the horses first then address the issue of abandonment of the horses. He suggested reopening the horse slaughter market will help to elevate some of the issues. Kentucky Fish and Wildlife Department reintroduced elk to Kentucky several years ago. There are many elk that get in the roadways and cause accidents similar to the free-roaming horse.
Senator Carpenter commented that closing slaughter markets is a federal regulation and not a state regulation. The free-roaming horse issue is different than elk because the horses are or at one time were owned by someone. Elk and deer are native to the community; they are born in the wild and stay wild.
Judge-Executive Smith said that some of the free-roaming horses roaming have never been handled by a human.
Dave Moss stated the task force should bring someone to the meeting that is a reclamation expert to speak about the proponents of phases one, two and three of bond release for coal companies. There are unwanted animals on the strip mine property and coal companies cannot get bond release because the animals are at the sites. The coal companies spend millions of dollars to plant trees and vegetation only to have to replant the vegetation the next year due to the animals on the mine sites.
Nelson Reynolds, Knott County Animal Control Officer and Police Officer, testified that he has seen three accidents involving free-roaming horses in the roadways during winter. His experience is that people will use the horses for two weeks out of the year for trail rides and then return the horses to roam on the strip mine sites. He previously worked with the State Veterinarian Office in collecting 13 horses. The county had to keep the horses for 90 days but had to have assistance from the Equine Humane Society to feed and care for the horses. He stated there are many stud horses roaming loose in Knott County.
In response to questions from Senator Carpenter, Mr. Reynolds stated that he estimates there are less than 200 free-roaming horses in Knott County. He uses social media to search for the owner of horses that have been picked up. Since the downturn in the economy, he does not have anywhere to house the horses or a vehicle with a trailer to transport the horses. He recommends the task force search for a viable way to deal with older horses that people no longer want or cannot afford to care for permanently. Mr. Reynolds stated he could issue a ticket for horses roaming at large and abandonment if he saw someone releasing horses on a mine site. The fine for a horse roaming at large is $25, and on public land the fine is $50. Horse owners are responsible for all costs incurred by the veterinarian to geld a horse.
Duncan Caldwell, Harlan County Animal Control Officer, testified animal control officers need basic training on how to handle horses. Previous trainings given to animal control officers referenced how to investigate equine abuse only. Another challenge animal control officers face is how to round up feral horses. If horses are able to be picked up, vehicles with horse trailers and corral pens are needed. A goose-neck trailer that will haul twelve to fourteen horses costs approximately $10,000. The county does not have money to pay for the equipment. He questions how the county is supposed to pay for hay and veterinarian care for horses that are picked up. The Appalachian Horse Center could help to hold the horses until placement. Gelding programs are necessary to control the population of the free-roaming horses. With ten years of animal sheltering experience, he has seen that spay and neutering programs help reduce the numbers of unwanted litters every year.
Nelson Reynolds commented that funding is also an issue in Knott County. A new law states he must have a veterinarian check and clear a horse before he can post the horse’s picture to the Department of Agriculture’s website. He has trouble finding a veterinarian to come to his area. It is challenging to maintain funds to feed, house, and care for the horses while waiting for a veterinarian to check the animal.
Senator Webb commented the new law is to protect private property interests, the potential to deal with horse theft, or innocent wandering of horses. A county should be able to buy a microchip reader or scanner for approximately $250. An option is to the look at funding from a district standpoint, use a co-op concept so that equipment needed could be shared among a district.
James Holbrook, Breathitt County citizen, horse owner, testified that the kill markets should be reopened. He suggests if the state does not get rid of the horses, the issue of abandoned horses free-roaming will still exist. He stated the reclamation sites need to be examined. Some reclaimed mine sights only contain layers of coal and sand, not allowing vegetation to grow.
Katy Ross, Executive Director, Kentucky Horse Council (KHC), stated KHC is invested in the training of animal control officers across the state. KHC offers optional basic horse handling classes to animal control officers. The level one class covers haltering, feeding, grooming, and basic horse care. The level two class covers growling horses, rounding up horses, and getting them onto trailers. Trainings are typically offered at Morehead State University but KHC is willing to have trainings at another location in eastern Kentucky if an appropriate sight is available.
Ginny Grulke commented that the issues of safety for the free-roaming horses and the public varies geographically. Recommendations from the task force should not be across the board in the state. She suggested consideration of an equestrian land trust area, an area where landowners agree that horses are allowed to roam.
Senator Webb commented there have positive steps taken by task force members in regards to abandoned animals. She said the task force should review how best to educate horse owners about the value of gelding. Better advertising and easy access to the gelding clinics will help the success of the gelding clinics. The task force should hear solutions and ideas regarding free-roaming horses, from local veterinarians.
Adjournment
There being no further business, the meeting was adjourned at 12:37 p.m.