Saturday, April 20, 2013

HSUS "Undercover" Investigations -- Not So Good for Animals or People

HSUS has been doing a lot of raving about how HB 1191/SB 1248 would keep them from conducting undercover investigations in Tennessee. (It wouldn't.) You might think that HSUS has been conducting some incredible journalism and we should all be grateful to them, right? Well, not if you're a downer cow.

In a 2008 case in California, the HSUS inserted someone into a slaughterhouse for an investigation of "downer cows" -- cows that are "non-ambulatory" -- unable to walk. These cows have a higher risk of having mad cow disease so if they are being used for food there is a slight risk to public safety.

According to the New York Times:

Consider again the time frame: the Humane Society investigator began shooting film in early October. If what he saw was really a danger to the food supply, didn’t he and Mr. Pacelle have a responsibility to bring it to the federal government immediately? Instead, the undercover investigator stayed on site for another six weeks. Even then, the federal government didn’t learn of the video until it was leaked to The Post at the end of January — nearly two months later.
Mr. Pacelle claims that the San Bernadino district attorney’s office — to which he gave the tapes in late November, so that it could prosecute the abuse — asked him not to show the video to the U.S.D.A. until it had completed its investigation. But I read several news articles quoting San Bernadino officials contradicting that account...And even if that were true, why did he release the video to The Washington Post — well in advance of the completion of the district attorney’s investigation? Well, you know the answer to that one: he just couldn’t stand the thought of one more day passing without making a big splash.
Well, you do the math. Mr. Pacelle and HSUS do these undercover investigations -- and go on filming for weeks -- not because they care about animals but because they want to get as much media attention as possible. Because media attention translates into dollars for them. What does the suffering of a few cows matter when compared to filling the bank accounts of the Humane Society of the United States? So what if there's a remote possibility that someone in the U.S. could develop mad cow disease? That would just mean more money for HSUS because they would have more ways to attack the cattle industry.

Does anyone really believe it took six weeks of filming for someone to get enough video evidence in this case, and that animals had to continue to suffer all this time? Well, sometimes you have to film a lot of footage when you plan to edit it a certain way. The plant was closed down once the federal authorities finally got involved, but that was only after Pacelle and HSUS had been milking the case for media attention.

In this case the USDA forced the company to recall 143 million pounds of meat -- the largest beef recall in U.S. history. But because it took so long for HSUS to turn over their video and inform the government about the problems at the plant, most of that meat had already been eaten by the time the recall was issued. So, if there had been something wrong with the meat, the recall wouldn't have done any good.

This is not how we want undercover investigations to be conducted in Tennessee but this is how HSUS conducts their investigations and why they want Gov. Haslam to veto HB 1191/SB 1248. They sit on evidence for weeks and months while abuse continues, even when it threatens public safety. The Animal Cruelty and Abuse bill would require someone to turn over photos or video of abuse of livestock in an investigation within 48 hours to law enforcement authorities.

Please contact Gov. Haslam NOW and ask him to sign this Livestock Cruelty and Abuse Bill into law!  (615) 741-2001  or email him: bill.haslam@tn.gov

Contact Governor Haslam TODAY!

This message is from NAIA, the National Animal Interest Alliance. It's great of them to get involved. This should be the Take Action link for the capwiz: 

TAKE ACTION



You just have to put in your information to send the letter to the governor. It only takes a minute. Please contact the governor. HSUS is still trying to defeat this bill by having him veto it.


Please Call Governor Haslam's Office!        
 

Please call Govenor Haslam! Ask him to sign HB1191.         

TAKE ACTION!



This Animal Cruelty and Abuse Bill protects animal owners.

HB 1191 the Animal Cruelty and Abuse bill is now on Governor Haslam's desk awaiting his signature. Please contact the Governor's office and urge him to sign this bill which provides protection to responsible farmers, ranchers and other livestock producers.

The bill amends TCA Title 39 and Title 44. The bill requires a person who records cruelty to animals as committed against livestock to report such violation and submit any unedited photographs or video recordings to law enforcement authorities within 24 hours of the photographs or video recording creation.

Please call the Governor's Office to urge him to sign this important bill.
 

Here is the phone number for his Chief of Staff, Mark Cate:  1-615-585-0873 

Please also click on the Take Action button on the upper right which links to an email address for the Governor and send him a respectful message urging him to sign this important bill.

Protect Your Animals! Join NAIA Trust today

Thursday, April 18, 2013

TN House Approves Animal Abuse Reporting Bill; Goes To Governor

House barely approves animal abuse reporting bill

Associated Press
Originally published 08:32 p.m., April 17, 2013
Updated 09:04 p.m., April 17, 2013
NASHVILLE, Tenn. (AP) — A bill seeking to require anyone recording or taking photos of livestock abuse to turn images over to law enforcement within 48 hours was approved in the House on Wednesday with the bare vote minimum needed.
The chamber voted 50-43 to approve the measure sponsored by Rep. Andy Holt, R-Dresden, after defeating several proposed amendments and an extensive debate that at times featured lawmakers making animal noises.
Bills must gain at least 50 votes in the 99-member chamber to pass. The measure now heads to Gov. Bill Haslam, who said earlier this week that he didn't know enough about the measure to say whether he would sign it into law.
Animal protection activists like the Humane Society of the United States have said the bill would have a chilling effect on whistleblowers and prevent undercover operations from establishing a pattern of abuse.
In 2011, the Humane Society secretly filmed video inside a Tennessee Walking Horse stable showing trainers applying caustic substances to the horses' legs and beating them to make them stand.
Trainer Jackie McConnell, whose stable was in Senate sponsor Dolores Gresham's West Tennessee district, pleaded guilty in federal court in September.
The Senate version passed 22-9 on Tuesday.
Rep. Vance Dennis, R-Savannah, objected to the bill during the Wednesday debate, calling it unenforceable and "Orwellian."
"If you walk down the street and see someone commit a murder and you don't report it, that's not a crime," he said, "but under your bill, if you see and record animal abuse and don't report it, that is a crime."
Among the failed amendments proposed on Wednesday was one that would have broadened it to require anyone observing animal abuse to report it and not limiting the reporting requirements to a person intentionally recording or photographing the abuse.
Rep. Susan Lynn, R-Mt. Juliet, tried to amend the bill to specify that news reporters would be protected from prosecution.
"We don't punish the people who gather the information on the crime, we punish the people who commit the crime," Lynn said.

Wednesday, April 17, 2013

This Is The HSUS "Outreach Director"?

The Humane Society of the United States recently hired former State Representative Eric Swafford (R-Pikeville) as their "outreach director" to the Tennessee Walking Horse community -- after vilifying that industry for years. Specifically they wanted Swafford to reach out to the Walking Horse people and try to persuade them not to pursue legislation to make undercover investigations more difficult to conduct, according to Knoxnews.com.

Last year HSUS released secretly recorded video showing caustic substances being applied to horses' legs and hooves ("soring") and the animals being beaten to make them stand, but only after sitting on the video for months while the animals continued to suffer.

A bill sponsored by Republican Sen. Dolores Gresham of Somerville and Rep. Andy Holt would require any video of livestock abuse be submitted to prosecutors within a short period of time. This would prevent the video from being edited or tampered with -- or used for fundraising purposes. It would allow the authorities to act quickly to stop the abuse.

Swafford was described as "an award-winning member of the Tennessee Walking Horse Owners Association." What the news story didn't say was that he had been cited himself by the USDA for having a sored horse at a show in August 2012.

Eric Swafford showed a horse, "Jazzy Sally", at the 2012 106th Anniversary Wartrace Horse Show, Wartrace, TN which was found sore.

Really? This is the person HSUS hires to represent them after they complain about the lack of enforcement of the Horse Protection Act and try to destroy the Tennessee Walking Horse industry in Tennessee? You have to wonder if they knew about Swafford's violation for soring or if it mattered to them as they try to fight this much-needed bill in Tennessee.

Sure, there could be all kinds of extenuating circumstances with regard to this violation and we know that USDA has handed out unfair violations to Walking Horse people in the past. You just have to look to the Celebration in Shelbyville last year to see how things were going with USDA. What matters here is the astonishing hypocrisy of HSUS in hiring someone as their "outreach director" who has been cited for soring when they never miss an opportunity to condemn the entire Walking Horse industry. But I guess violations don't matter if the person works for HSUS.

Sen. Gresham's bill has passed in the Tennessee Senate and it's scheduled to be heard in the Tennessee House this week. Here's hoping that the House will also pass it, without any weakening amendments. Rep. Swafford should know, as well as anyone, that we don't need vigilantes conducting undercover investigations while abuse continues. If someone films or photographs animal abuse during an investigation, they need to turn the material over to the authorities right away so they can investigate and stop the abuse.



Tuesday, April 16, 2013

What Your $19 Per Month Buys In Nashville

Ever wonder how the Humane Society of the United States (not to be confused with your local shelter) gets those animal bills to pass in your state? Or what they really do with that $19 per month you donate to them? Have a look at how they spend the money in Tennessee.

According to the Tennessee Ethics Commission the Humane Society of the United States currently has FIVE, count 'em 5, lobbyists in Nashville. And their buddies the American Society for the Prevention of Cruelty to Animals (ASPCA) also has five. They even share a couple of lobbyists. How cozy.

Here's a look at them.

HSUS lobbyists:
Leighann McCollum
David McMahan
Anna Richardson
Caroline Straight
Beth Winstead       

ASPCA lobbyists:

David McMahan
Anna Richardson
Sherry Rout
Caroline Straight
Beth Winstead

You can also add Eric Swafford to this list for HSUS. He is a former state representative who was hired as an "outreach director" to work on the Tennessee Walking Horse people.

As far as we know, HSUS and ASPCA usually have one lobbyist each in the state. The halls in the legislature in Nashville must be so thick with animal rights lobbyists right now that they're falling over each other.

We also note that David McMahan's wife is the staff contact for the Chairman of the House Agriculture and Natural Resources Subcommittee, Rep. Lollar, which puts them in a juicy position, doesn't it?

Still think HSUS doesn't lobby or get its hands dirty with politics?

Your state probably has an ethics commission or something similar where lobbyists are required to register. Check and see how many lobbyists HSUS and ASPCA have in your state. If your representatives aren't listening to you maybe it's because they're listening to the lobbyists.


Saturday, April 13, 2013

Tennessee Legislative Update

2013 has been a good session for animals and their owners in Tennessee so far. Here's an update on where we stand with a short time left in this session.

HB 0132 by Lundberg / SB 0285 by Ketron)
 Criminal Offenses - As introduced, enacts the "Animal Fighting Enforcement Act," increasing penalties for certain offenses involving animal fighting.  A second or subsequent cockfighting offense will be a Class E felony.  Also increases penalty for being a spectator at any type of animal fight to a Class A misdemeanor.

This bill has failed once again this year with some strong arguments from Sen. Frank Niceley. Sen. Niceley was quoted as saying, "This bill isn't about chickens, it's not about cockfights. It's about killing animal agriculture in America." Exactly. Niceley also said, “HSUS spent $50,000 trying to defeat me in the last election.” Senator Niceley was formerly the chairman of the House Agriculture committee and has been opposed to animal rights legislation in the past. He's definitely on the HSUS hit list.

Although this bill is pushed as something that would stop cockfighting, opponents of the bill say it would affect farmers who raise chickens for show. Many people feel that the penalties in the bill are too harsh.

HB 1260 by Durham / SB 1359 by Johnson) a.k.a. "Walter's Bill" ****Deferred to Summer Study**** 
Animal Cruelty and Abuse - As introduced, specifies conditions upon which tethering a dog may be cruelty to animals.

We have no idea who "Walter" is. This is a stupid bill, not to put too fine a point on it. Tennessee's animal cruelty laws already include tethering if a dog is suffering any kind of bodily harm (§ 39-14-202. Cruelty to animals (a) (5)(b) "A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106."). Every hunter in the state opposes this bill, along with farmers who have dogs. If you train a dog for hunting using a "chain gang" then you have placed your dog on a short tether and you know that this proposed law is unworkable. Farmers don't like it because there are times when they need to tether a dog to keep them from chasing livestock; and because they do not like to give animal control any reason to come snooping around their farms where they are trying to operate a business.

Tethering a dog responsibly for training or other reasons is not cruel and this is just another backdoor attempt to restrict people from using tethering as a confinement method. The bill did not have enough support and has been deferred for summer study. We have been advised that hunters, farmers, and dog owners will be welcome to attend these summer study sessions so they can explain why this bill is not needed.

HB 0462 by Lamberth / SB 0581 by Haile)
 Animal Cruelty and Abuse - As introduced, provides for the placement of abused animals with any governmental animal control agency, law enforcement agency, or their designee and deletes provision allowing for the suspension of required security bonds for indigent persons charged with offenses against animals.

I'm very sorry to say that this misguided forfeiture bill passed. Although we believe the sponsor was well-intentioned, the bill does not actually help animals and it will make it easier for dog owners to lose their animals. It probably won't make a lot of difference as to who can take control of animals if they are seized, since, in practice, rescues and shelters already do so, but it will shorten the time an owner has to come up with security from 15 days to 10 days. This is still longer than people have in many states but we would have preferred to continue to allow Tennesseans to have 15 days to come up with the money/bond/security necessary to pay for the care of their animals if they are seized. The new law also does away with exemptions for the indigent or those who cannot pay to get their animals back -- and that's more people than you might think considering how fast costs add up once animals are taken. We believe that the Louisville Kennel Club's case against the Louisville/Jefferson County Metro Government might apply to this law in some particulars.

HB 1191 by Holt / SB 1248 by Gresham)
 Animal Cruelty and Abuse - As introduced, requires a person who records cruelty to animals as committed against livestock to report such violation and submit any unedited photographs or video recordings to law enforcement authorities within 24 hours of the photograph's or recording's creation.

We absolutely LOVE this bill! Yes, this is one of the celebrated "Ag Gag" bills you've been hearing about. They've been introduced in about 12 states this year and have already been passed in a few. These bills have been winding their way through the Tennessee legislature this session and HSUS is so worried about it that they actually hired another lobbyist just to lobby against this bill. They hired former state representative Eric Swafford, someone connected with the Tennessee Walking Horse industry, to lobby against this bill and try to get the Walking Horse people on his side. But the bill affects a lot more than Walking Horses. It affects every farmer, every kind of agriculture, everyone who breeds dogs or any kind of animal.

The bill would require someone who takes undercover photos or video to turn them over to authorities in a timely manner instead of sitting on them for weeks or months -- as people and groups have done in the past. They have done this to edit and doctor evidence and to use them for fundraising purposes. Not only does this allow animals to continue to suffer unnecessarily (and it's withholding evidence), but it's deceptive, and in the case of food animals, it can place all of us at risk. If there is something going on at a farm that involves the food we eat then authorities need to know about it quickly so they can take action before someone gets sick.

Critics say that these bills would mean the end to their "undercover" investigating but that's not true. They can investigate -- they just have to turn over their photos and film as they go along. This prevents them from tampering with them and alerts the authorities to the situation. In the case of child abuse we don't let an outside group conduct an undercover investigation for weeks or months without alerting authorities while the children suffer. No! They have to report the abuse immediately. That's the same thing this law would require with animal abuse. If you love animals you should be in favor of this bill. I know I couldn't sit back and let animals suffer while I continued to photograph or film a situation for weeks.

HB 0621 by Gilmore / SB 0865 by Tate ***WITHDRAWN***
Animal Control - As introduced, requires owners of dangerous and vicious dogs to secure minimal liability insurance.


This bill began as a "vicious dog" bill and quickly got worse. It added an amendment to become a breed specific law against "pit bulls" or bully breeds. Thanks to a great article by Jim Matheny with WBIR.com, and strong negative reaction to the bill from dog lovers across Tennessee, this bill was withdrawn by the sponsor. We're not sure what prompted Representative Gilmore to propose the bill, however, other than the fact that Nashville, where she lives, has some problems with roaming dogs in some areas.

That just leaves one more bill we're watching this session:


SB 0796 by Beavers ( HB 0591 by Van Huss)
Search & Seizure - As introduced, enacts the "Freedom from Unwarranted Surveillance Act." - Amends TCA Title 29 and Title 39.

This is a bill that limits the use of drones in Tennessee. Not only is this an animal issue, with PETA already stating that they plan to use drones to "stalk" hunters, fishermen, and farmers, but it's a serious privacy issue, and we're glad to see the legislature placing reasonable limits on the use of drones. This technology has advanced rapidly and citizens have no protection from eyes in the sky. All kinds of groups support legislation to limit drone use inside the United States, from Tea Party groups to the ACLU. This bill looks poised to be passed any time now.

So, that's where we currently stand. The drone bill and the "Ag Gag" bill remain to be decided. By all means, contact your representative and senator and let them know you support these bills. Click here to find your Tennessee legislators.

Thank you!
 

Friday, March 22, 2013

Tennessee: Problematic Forfeiture Bills to be Heard Next Week (Friday, March 22, 2013)


Subject: AKC Legislative Alert: TN: Problematic Forfeiture Bills to be
Heard Next Week
Date: Fri, 22 Mar 2013 17:05:58 +0000
From: Dog_Law <Dog_law@akc.org>
Reply-To: doglaw@akc.org

[http://app3.vocusgr.com/Publish/200/vcsPRAsset_200_6581_d5eabb81-34f4-4a22-bcf8-1c45b05ddfaf_0.jpg]<http://www.akc.org/governmentrelations>

Tennessee: Problematic Forfeiture Bills to be Heard Next Week
(Friday, March 22, 2013)
<http://www.akc.org/press_center/article.cfm?article_id=4918>

House Bill
462<http://www.capitol.tn.gov/Bills/108/Bill/HB0462.pdf>/Senate Bill
581<http://www.capitol.tn.gov/Bills/108/Bill/SB0581.pdf>, which would
make changes to animal seizure laws, will be considered on Tuesday,
March 26.

Under current law, seized animals may be placed with any governmental
animal control agency or humane society. The agency may petition the
court to order the accused to post an amount sufficient to secure
reasonable costs for care of the animal pending disposition of criminal
charges. If security is not posted within 15 days, the animal is
forfeited. The court may suspend the posting of security charges for an
indigent person.

HB462/SB581 would broaden the scope of who is allowed to take custody of
seized animals to include "any governmental animal control agency, law
enforcement agency, or their designee." It would also reduce the number
of days to post security from 15 to 10 days and delete the authority of
the court to suspend the posting of security of a person found indigent.

Both current law and HB462/SB581 could force owners to relinquish their
animals when they are accused of cruelty, regardless of whether the
charges are ultimately dismissed. Further, neither current law nor
HB462/SB581 provides for the return of posted security amounts if the
charges are dropped or the accused is found not guilty.

HB462 has passed the House Agriculture and Natural Resources Committee
and the House Finance, Ways & Means Subcommittee. It will be heard by
the full House Finance Ways & Means Committee on March 26. SB581 will be
heard by the Senate Judiciary Committee on March 26.

What You Can Do:

Attend the committee meetings or contact committee members to express
your concerns:

Regarding HB462:
House Finance, Ways & Means Committee Meeting
When: March 26, 2013, 3:00 p.m.
Where: Room 16, Legislative Plaza, 301 Sixth Avenue North, Nashville, TN
37243
Click here<http://www.capitol.tn.gov/house/committees/finance.html> for
a list of committee members, and then click on each member's name for
contact information.

Regarding SB581:
Senate Judiciary Committee Meeting
When: March 26, 2013, 1:00 p.m.
Where: Room 12, Legislative Plaza, 301 Sixth Avenue North, Nashville, TN
37243
Click here<http://www.capitol.tn.gov/senate/committees/judiciary.html>
for a list of committee members, and then click on each member's name
for contact information.

For more information, contact AKC Government Relations at (919)
816-3720, or email doglaw@akc.org<mailto:doglaw@akc.org>.
++ This message is a service of the American Kennel Club's Government
Relations Department and you are receiving it in response to your
request.  This information may be reprinted or forwarded appropriately
with a citation to AKC.