From The TVMA Concerning The State Rabies Tax

TN DEPARTMENT OF HEALTH BILL PROPOSES RABIES VACCINATION TAX

We Need Your Help!

The TN Department of Health has proposed a bill which will place a tax on the rabies vaccine to help fill a hole in their budget. It is HB3834 by Rep. Janis Sontany (D-Nashville) and SB3850 by Senator Doug Jackson (D-Dickson). The proposed amendment will become the bill, http://www.capitol.tn.gov/Bills/106/Amend/SA1067.pdf. The TVMA testified against the legislation before the House Health Committee on Tuesday, April 6. The bill has been delayed twice since then and is on the calendar for Tuesday, April 27. In the Senate, the bill passed the General Welfare Committee and will be heard in the Senate Finance, Ways & Means Committee on Tuesday, April 27.

The language in the amendment is very vague and the Department of Health plans to outline the details in the rulemaking hearing process. It is contemplated that the tax on the rabies certificate would be around $1, but the bill does not state an exact amount. Currently TVMA is in discussions with the TN Department of Health.

We need your help now. If your Representative is a member of the House Health & Human Resources Committee (or you know a member), please contact them no later than Monday, April 26 by phone or by sending an email. If your Senator is on the Senate Finance Ways & Means Committee (or you know a member), please contact them as well by lunch on Tuesday, April 27.

Members of the Committees and their contact information is listed below. For other information, go to www.capitol.tn.gov.

TVMA's Position

We take a strong position that the proposed Rabies Tax will continue to discourage rabies vaccinations by pet owners across the state thus adding to the Rabies Public Health Risk for the people and pets of Tennessee.

The TVMA supports Rabies Control in the State along with Tennessee veterinarians volunteering their time and expertise to the Health Departments.

We are convinced since there is not a reliable way to truly know the number of pet's vaccinated state wide; we anticipate that the tax on Rabies Vaccine will be much more than the suggested $ 1.00 per rabies vaccine (e.g. Davidson County only reports approx. 85,000 and Hamilton County only reports approx. 67,600 rabies vaccine administered yearly).

To our knowledge, there is not a precedent where the State of Tennessee has ever singled out and taxed an individual medical procedure or service from a medical profession to fund a state run program.

Background information -- the following was provided to the Health & Human Resources Committee on April 6:

I. Public Health Concern

Increased cost of Rabies Vaccine will discourage pet owners from vaccinating their pets for rabies

A number of counties and municipalities already require a separate & additional pet license fee after the rabies vaccine is administered ranging from a few dollars to as much as $50.00 per year

Increased cost will only negatively affect the responsible pet owners trying to do the right thing with their pets

This Rabies Tax will also put an undue hardship on the programs where veterinarians vaccinate the homeless citizen's animals as well as certain stray animal populations at no charge

As the number of animals vaccinated for Rabies decreases, the protective barrier between rabid animals and humans becomes less likely to prevent the exposure of rabies to the human population of Tennessee

Due to the rabies problem in Tennessee we currently have in place an aerial and ground rabies baiting programs for the wild animals in parts of the State to help protect our human and animal population

II. Veterinarian Support of State Rabies Control

Veterinarians across the state volunteer their time & expertise to serve on their county's Health Department Rabies Control Boards

Veterinarians give discounted Rabies Vaccines for community Rabies Clinics on designated weekends in cooperation with county Health Departments to help reach a population of pets that would not get vaccinated

Veterinarians support the Health Departments and Animal Control Agencies with animal bite investigations along with needed quarantine facilities and when required sample preparation for rabies testing

III. Medical Procedure of Rabies Vaccine Administration

State Law allows dogs and cats from as young as 3 months of age and requires dogs and cats over 6 months of age to be vaccinated for Rabies by a licensed veterinarian or under the supervision of a veterinarian

Rabies vaccine is purchased and administered solely by an individual veterinarian as a medical procedure to the pet owner's animal

Public health concerns and local ordinances dictate how pets are vaccinated for rabies. However, it is in the pet owner's and pet's best interest that these medical decisions be made within a veterinary-client-patient relationship.

Depending on: 1) the species or medical condition of the animal: 2) city or county ordinances: 3) and the age of the animal will all be determining factors of the TYPE of rabies vaccines administered along with the possible FREQUENCY (1yr. verses 3yr.) of the vaccine

Members of the Senate Finance, Ways & Means Committee

Sen. Randy McNally, Chair - 615-741-6806, sen.randy.mcnally@capitol.tn.gov

Sen. Douglas Henry, Vice-Chair - 615-741-3291, sen.douglas.henry@capitol.tn.gov

Sen. Tim Burchett, Secretary - 615-741-1766, sen.tim.burchett@capitol.tn.gov

Sen. Diane Black - 615-741-1999, sen.diane.black@capitol.tn.gov

Sen. Joe Haynes - 615-6679, sen.joe.haynes@capitol.tn.gov

Sen. Roy Herron - 615-741-4576, sen.roy.herron@capitol.tn.gov

Sen. Jim Kyle - 615-741-4167, sen.jim.kyle@capitol.tn.gov

Sen. Mark Norris - 615-741-1967, sen.mark.norris@capitol.tn.gov

Sen. Doug Overbey - 615-741-0981, sen.doug.overbey@capitol.tn.gov

Sen. Bo Watson - 615-741-3227, sen.bo.watson@capitol.tn.gov

Sen. Jamie Woodson - 615-741-1648, sen.jamie.woodson@capitol.tn.gov

Members of the House Health & Human Resources Committee

Rep. Joe Armstrong, Chair - 615-741-0768, rep.joe.armstrong@capitol.tn.gov

Rep. Joey Hensley, Vice-Chair - 615-741-7476, rep.joey.hensley@capitol.tn.gov

Rep. Joanne Favors, Secretary - 615-741-2702, rep.joanne.favors@capitol.tn.gov

Rep. Charles Curtiss - 615-741-1963, rep.charles.curtiss@capitol.tn.gov

Rep. Vince Dean - 615-741-1934, rep.vince.dean@capitol.tn.gov

Rep. John DeBerry - 615-741-2239, rep.john.deberry@capitol.tn.gov

Rep. Lois DeBerry - 615-741-3830, rep.lois.deberry@capitol.tn.gov

Rep. Vance Dennis - 615-741-2190, rep.vance.dennis@capitol.tn.gov

Rep. Joshua Evans - 615-741-2860, rep.joshua.evans@capitol.tn.gov

Rep. Dennis Ferguson - 615-741-7658, rep.dennis.ferguson@capitol.tn.gov

Rep. Henry Fincher - 615-741-1875, rep.henry.fincher@capitol.tn.gov

Rep. Dale Ford - 615-741-1717, rep.dale.ford@capitol.tn.gov

Rep. Curtis Halford - 615-741-7478, rep.curtis.halford@capitol.tn.gov

Rep. Mike Harrision - 615-741-7480, rep.mike.harrison@capitol.tn.gov

Rep. Sherry Jones - 615-741-2035, rep.sherry.jones@capitol.tn.gov

Rep. Debra Maggart - 615-741-3893, rep.debra.maggart@capitol.tn.gov

Rep. Jason Mumpower - 615-741-2050, rep.jason.mumpower@capitol.tn.gov

Rep. Gary Odom - 615-741-4410, rep.gary.odom@capitol.tn.gov

Rep. Mary Pruitt - 615-741-3853, rep.mary.pruitt@capitol.tn.gov

Rep. Bob Ramsey - 615-741-3560, rep.bob.ramsey@capitol.tn.gov

Rep. Barrett Rich - 615-741-6890, rep.barrett.rich@capitol.tn.gov

Rep. Jeanne Richardson - 615-741-2010, rep.jeanne.richardson@capitol.tn.gov

Rep. David Shepard - 615-741-3513, rep.david.shepard@capitol.tn.gov

Rep. Tony Shipley - 615-741-2886, rep.tony.shipley@capitol.tn.gov

Rep. Mike Turner - 615-741-3229, rep.mike.turner@capitol.tn.gov

Rep. Mark White - 615-741-4415, rep.mark.white@capitol.tn.gov

Thank you for your support!

Tennessee Veterinary Medical Association

PO Box 803

Fayetteville, TN 37334

www.tvmanet.org

Phone: 931-438-0070

Fax: 931-433-6289

green.delo@gmail.com

Another FEE Planned for Rabies Vaccinations in TN!

PLEASE CROSSPOST WIDELY!

SB 3850-HB 3834 has been re-written to add $1 to each rabies vaccination in Tennessee. Now there is another fee on rabies vaccinations planned by our legislature and governor.

Whether you've called and voiced your objection to SB 3850-HB 3834 or not, PLEASE call and write again. A second amendment to the bill is outlined in a fiscal memo here:

http://www.capitol.tn.gov/Bills/106/Fiscal/FM1856.pdf

(I'll post the memo at the end of this message.)

It states that, in addition to the $1 fee added to each rabies vaccination, the governor plans to add a fifty cent surcharge to each vaccination to fund HOME-DELIVERED MEALS FOR ELDERLY CITIZENS. Now, I am as sympathetic to elderly citizens as anyone else, but there is no reason in the world why pet owners should be paying for their meals. The governor and legislature need to find another way to pay for things instead of trying to stick it to pet owners. In fact, many seniors own pets, so they would have to pay these fees that would be used to buy the meals!

That would make a total of $1.50 added to each rabies vaccination in the state. Each additional fee makes it more likely that some animals would go unvaccinated and that someone in Tennessee would be bitten by an animal with rabies.

Everyone needs to call AND write the House Health & Human Resources Committee right away! This is URGENT. If you don't act then you will be paying these fees in just a few weeks, and so will everyone else in TN.

To voice your opposition to these state-added fees on vaccination certificates, please contact the following committee members by 4/27/10. Be polite but tell them that this is a public safety issue. If they add additional fees to pet vaccinations there will be people who will not vaccinate their pets. That means an increase in the odds that someone in Tennessee will get rabies. You can ask them if it will happen in their district? How are they going to explain a case of rabies to their constituents or to the media?

House Health and Human Resources Committee

Rep. Joe Armstrong, Chair

D-Knoxville

Phone (865) 357-1524

nashville office Phone (615) 741-0768

Fax (615) 253-0316

rep.joe.armstrong@capitol.tn.gov

Rep. Joey Hensley, vice chair

Phone (615) 741-7476

rep.joey.hensley@capitol.tn.gov

Members

Note: all phone numbers below are area code 615

Charles Curtiss rep.charles.curtiss@capitol.tn.gov

741-1963

Vince Dean rep.vince.dean@capitol.tn.gov 741-1934

John DeBerry rep.vince.dean@capitol.tn.gov 741-2239

Lois DeBerry rep.lois.deberry@capitol.tn.gov 741-3830

Vance Dennis rep.vance.dennis@capitol.tn.gov 741-2190

Joshua Evans rep.joshua.evans@capitol.tn.gov 741-2860

Dennis Ferguson rep.dennis.ferguson@capitol.tn.gov

741-7658

Henry Fincher rep.henry.fincher@capitol.tn.gov 741-1875

Dale Ford rep.dale.ford@capitol.tn.gov 741-1717

Curtis Halford rep.curtis.halford@capitol.tn.gov 741-7478

Michael Harrison rep.mike.harrison@capitol.tn.gov

741-7480

Sherry Jones rep.sherry.jones@capitol.tn.gov 741-2035

Debra Maggart rep.debra.maggart@capitol.tn.gov 741-3893

Jason Mumpower rep.jason.mumpower@capitol.tn.gov

741-2050

Gary Odom rep.gary.odom@capitol.tn.gov 741-4410

Mary Pruitt rep.mary.pruitt@capitol.tn.gov 741-3853

Bob Ramsey rep.bob.ramsey@capitol.tn.gov 741-3560

Barrett Rich rep.barrett.rich@capitol.tn.gov 741-6890

Jeanne Richardson rep.jeanne.richardson@capitol.tn.gov

741-2010

David Shepard rep.david.shepard@capitol.tn.gov 741-3513

Tony Shipley rep.tony.shipley@capitol.tn.gov 741-2886

Mike Turner rep.mike.turner@capitol.tn.gov 741-3229

Mark White rep.mark.white@capitol.tn.gov 741-4415

SB 3850 – HB 3834

TENNESSEE GENERAL ASSEMBLY

FISCAL REVIEW COMMITTEE

FISCAL MEMORANDUM

SB 3850 – HB 3834

April 15, 2010

SUMMARY OF AMENDMENTS (016012, 016675): Deletes all language after the

enacting clause and authorizes the Commissioner of Health to charge a registration fee for each

vaccination certificate that does not exceed the cost of the program. Creates a $0.50 surcharge on

the fee for the sole purpose to fund congregate or home-delivered meals for elder citizens under

programs administered by the Department of Human Services or the Commission on Aging and

Disability and adds the severability clause.

FISCAL IMPACT OF ORIGINAL BILL:

Increase Local Expenditures – Exceeds $100,000*

*Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased

expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost.

FISCAL IMPACT OF BILL WITH PROPOSED AMENDMENTS:

Increase State Revenue - $1,000,000/Rabies Vaccination Certificate Fee

$500,000/Congregate or Home-Delivered Meals Programs

Decrease State Expenditures - $1,000,000/General Fund

(The $1,000,000 in rabies vaccination fee revenue is reflected in the Governor’s

FY10-11 Recommended Budget)

Assumptions applied to amendments:

• According to the Department of Health, there will be a fee of $1 per registration

established that will result in $1,000,000 in service fee revenue.

• Currently, the rabies vaccination program is 100 percent funded through the General

Fund. This will result in a decrease in $1,000,000 in General Fund expenditures for the

program. The $1,000,000 in increased revenue will not completely fund the program.

• The Governor’s proposed budget proposes to replace $1,000,000 of General Fund

dollars with $1,000,000 service fee revenue in the program’s budget.

SB 3850 – HB 3834 2

• The $0.50 surcharge on the fee will result in $500,000 [($1,000,000/$1) x $0.50] in

revenue to fund congregate and home-delivered meals for elder citizens that are enrolled

in programs administered by the Department of Human Services and the Commission on

Aging and Disability.

CERTIFICATION:

This is to duly certify that the information contained herein is true and correct to the best of

my knowledge.

James W. White, Executive Director

/kml

OPPOSE SB 3367 Holding Period for Animals

I'd like to call your attention to another bill we've been

following. This is SB 3367. This bill originally had the stated

purpose of extending the holding period for animals in private

shelters from 72 hours to 120 hours. However, the House has added a

very troubling amendment that would allow shelter or humane society

officers to destroy seized animals for the purposes of "population

control." This could mean that animals seized in animal cruelty

cases (such as breeders' animals) could be destroyed while the

defendant is waiting for trial. Not only is that a problem, but

extending the required holding period for animals from 72 hours to

120 hours is itself a problem. No one seems to have considered who

is going to pay for the extra two days of care for these animals or

where they are going to be kept when the shelters are full.

Please contact the members of the Senate Judiciary committee below

and ask them to OPPOSE SB 3367. This bill is on the calendar now.

Below is my letter to Sen. Beavers, the chairman of the committee,

which I copied to all of the committee members.

Carlotta

sen.mae.beavers@capitol.tn.gov, sen.doug.jackson@capitol.tn.gov,

sen.doug.overbey@capitol.tn.gov, sen.diane.black@capitol.tn.gov,

sen.dewayne.bunch@capitol.tn.gov, sen.mike.faulk@capitol.tn.gov,

sen.brian.kelsey@capitol.tn.gov, sen.jim.kyle@capitol.tn.gov,

sen.beverly.marrero@capitol.tn.gov

Dear Senator Beavers,

I'm writing you as head of the Senate Judiciary Committee about

Senate Bill 3367, the bill that would extend the holding period for

animals from 72 hours to 120 hours. This bill was already

problematic from the start but the amendments added to it in the

House make it genuinely alarming.

I realize that it sounds very appealing and compassionate to extend

the holding time for animals at a shelter/humane society from 72

hours to 120 hours but a couple of important questions need to be

asked. How are shelters going to pay to house and care for these

animals during this additional time? And, where are they going to

house the animals when the shelters become over-crowded? The fiscal

note for this bill says there will be no impact to state government.

However, it's impossible to believe that local shelters will not need

a great deal of additional funding from some source to care for these

animals for longer periods of time. This needs to be carefully

considered before this bill is voted on.

In regard to the amendments added by the House, Amendment 1 would

have very serious consequences. It states that agents or officers of

a shelter or humane society may destroy seized animals for purposes

of "population control." Not only is "population control" a vague

concept which could mean over-crowding in the shelter or population

control on a national level, but these actions could lead to

destroying animals being held in court cases before a trial. This

would deny a defendant due process of law or the possibility of

having his/her animals returned at a later date should they be found

innocent. This amendment quite obviously goes too far and would

trample on someone's personal property rights. Animals with known

owners which have been seized should not be destroyed at the whim of

a shelter or humane society.

I hope you will give consideration to these points when you are

considering this bill. It's my belief that this bill began with good

intentions and has now been side-tracked. I don't think the

consequences to animal shelters in terms of costs and space

requirements have ever been thought all the way through.

Sincerely,

Carlotta Cooper

Sportsmen's and Animal Owners' Voting Alliance — Tennessee

Tennessee Pet-Law

OPPOSE SB 3850 — TN TAX on Pet Vaccinations

To voice your opposition to this state-added fee on vaccination certificates, please contact the following committee members by Tuesday morning (4/13/10). Be polite but tell them that this is a public safety issue. If they add additional fees to pet vaccinations there will be people who will not vaccinate their pets. That means an increase in the odds that someone in Tennessee will get rabies. You can ask them if it will happen in their district. How are they going to explain a case of rabies to their constituents or to the media?

House Health and Human Resources Committee

Rep. Joe Armstrong, Chair

D-Knoxville

Phone (865) 357-1524

nashville office Phone (615) 741-0768

Fax (615) 253-0316

rep.joe.armstrong@capitol.tn.gov

Rep. Joey Hensley, vice chair

Phone (615) 741-7476

rep.joey.hensley@capitol.tn.gov

Members

Note: all phone numbers below are area code 615

Charles Curtiss rep.charles.curtiss@capitol.tn.gov

741-1963

Vince Dean rep.vince.dean@capitol.tn.gov 741-1934

John DeBerry rep.vince.dean@capitol.tn.gov 741-2239

Lois DeBerry rep.lois.deberry@capitol.tn.gov 741-3830

Vance Dennis rep.vance.dennis@capitol.tn.gov 741-2190

Joshua Evans rep.joshua.evans@capitol.tn.gov 741-2860

Dennis Ferguson rep.dennis.ferguson@capitol.tn.gov

741-7658

Henry Fincher rep.henry.fincher@capitol.tn.gov 741-1875

Dale Ford rep.dale.ford@capitol.tn.gov 741-1717

Curtis Halford rep.curtis.halford@capitol.tn.gov 741-7478

Michael Harrison rep.mike.harrison@capitol.tn.gov

741-7480

Sherry Jones rep.sherry.jones@capitol.tn.gov 741-2035

Debra Maggart rep.debra.maggart@capitol.tn.gov 741-3893

Jason Mumpower rep.jason.mumpower@capitol.tn.gov

741-2050

Gary Odom rep.gary.odom@capitol.tn.gov 741-4410

Mary Pruitt rep.mary.pruitt@capitol.tn.gov 741-3853

Bob Ramsey rep.bob.ramsey@capitol.tn.gov 741-3560

Barrett Rich rep.barrett.rich@capitol.tn.gov 741-6890

Jeanne Richardson rep.jeanne.richardson@capitol.tn.gov

741-2010

David Shepard rep.david.shepard@capitol.tn.gov 741-3513

Tony Shipley rep.tony.shipley@capitol.tn.gov 741-2886

Mike Turner rep.mike.turner@capitol.tn.gov 741-3229

Mark White rep.mark.white@capitol.tn.gov 741-4415

Tennessee TAX on Pet Vaccinations

Here is the latest information on SB 3850/HB 3834 in the Tennessee legislature. This bill has taken on a life of its own. Right now we don't know how much the state of Tennessee could end up tacking on to the cost of a rabies vaccination. The bill is still in committee so it hasn't passed yet.

From a friend with some inside information:

This started as a bill to increase from three days to five days, the amount of time an owner has to legally claim a dog or cat that is not wearing a vaccination tag or other identification, before the dog or cat may be adopted or destroyed.

The original bill has an unfavorable fiscal note (and little to no chance of passage), but an amendment has been filed that substitutes and replaces the original bill. This amendment has morphed the bill into something completely different.

If the bill passes, they will be raising the cost of rabies certificates in order to fund the state's rabies licensing program through fees rather than using money from the state's general fund. According to the revised fiscal note, this plan is already reflected in the Governor’s FY10-11 Recommended Budget, and the added fee will amount to $1 per registration.

According to an outside source, there is some pressure to add a further 25 to 50 cents onto the fee to pay for spay neuter programs.

The TVMA is OPPOSED to the bill (as amended), but momentum appears to be on the side of the amended bill passing. Why wouldn't it pass: it is projected to increase state revenue by $1 million and decrease state expenditures (from the general fund) by $1 million.

permission to forward

Animal rights lawyers: A three-ring circus

By DAVID MARTOSKO - Special to The Telegraph Sunday, March 14, 2010

What do Ponzi schemes, corrupt cops and organized-crime families have in common? They’ve all been taken down under the Racketeer Influenced and Corrupt Organizations (RICO) Act. This is a law that can result in enhanced criminal and civil penalties for acts performed as part of an ongoing criminal organization.

But the latest RICO defendants aren’t wiseguys from a real-life Club Ba-Da-Bing. They’re a handful of animal rights groups, their lawyers and a pay-for-play federal court witness.

Last month the owners of the popular Ringling Brothers circus filed a federal RICO lawsuit against the Humane Society of the United States, two of its lawyers, a Washington, D.C. law firm, and several other animal rights groups. The defendants are accused of committing bribery, fraud, obstruction of justice and money laundering, all in a nine-year scheme to prosecute a bogus elephant-abuse lawsuit against the circus.

These are pachyderm-sized charges. But the evidence is compelling. In December, federal Judge Emmet Sullivan dismissed the activists’ 2000 elephant suit, ruling that the plaintiffs paid more than $190,000 to a former Ringling elephant “barn helper” in exchange for his completely unreliable testimony.

The judge wrote that the animal rights groups, including the anti-circus Fund for Animals (which is now part of HSUS), cleverly disguised their payola through a nonprofit “wildlife advocacy” charity founded and operated by their lawyers. (These lawyers now have to find their own defense attorneys to deal with the RICO lawsuit.)

The primary purpose of these payments, says Judge Sullivan, was “to keep [the witness] involved with the litigation.” Judges tend to frown on paying witnesses what amounts to a secret retainer.

Anyone who’s seen a PETA protest up close will find it utterly unremarkable that animal activists would knowingly fudge the truth. But it’s telling that these groups would do just about anything — including buying themselves a federal court witness — to get their way.

The Ringling case (and its swift-justice RICO fallout) is just one piece of a disturbing trend of animal rights groups replacing public persuasion with courtroom strong-arm tactics.

Since the vegan firebrand Wayne Pacelle took the reins at HSUS in 2004, for instance, that organization has beefed-up its legal department ten-fold, from three lawyers to 30.

Full story at link:

Seized Dogs Returned To Owners

Couple Accused Of Animal Abuse Won't Be Charged

POSTED: 6:28 pm CST March 3, 2010
LAWRENCEBURG, Tenn. -- No charges will be filed against a husband and wife accused of animal abuse. In fact, the district attorney said the animal rescue group involved broke the law.

Last month, the Lawrence County Animal Welfare League took about 40 dogs belonging to Rex and Jennifer Parrott. The league claimed the dogs were malnourished and suffered from skin ailments.

But the district attorney announced Wednesday there is no proof of neglect and he won't be prosecuting the Parrotts.

He also said the league went on private property without a search warrant and some of their volunteers wore badges falsely representing themselves as law enforcement.

All of the dogs will be returned to the owners, who told the district attorney's office they don't want to operate a kennel anymore. The dogs will be adopted out in cooperation with the Lawrence County Humane Society.

WSMV.com