Tennessee Dog Breeders Were Thrown Under the Bus

The following was written by Carlotta Cooper.  It makes me sick that the fancy still does not "get it" and is willing to form unholy alliances with the HSUS.  Now that a "magic number" has been established into law, the next step will be ANOTHER piece of legislation to LOWER that number.  That IS the HSUS game plan; and the fancy played right into their hands.
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I was asked to provide a little more information about why we lost with the commercial breeder bill in Tennessee. These are my views on the matter.

Losing with this bill is devastating. We have people who have been fighting the legislation who are now trying to decide which dogs to have put to sleep or looking for friends and family to take some of their dogs so they will be under the 20 female dog limit and won't have to be inspected.   We have some people who want to move out of the state.

I think the primary reason we lost was because our dog people were divided. Everything in Tennessee centers around Nashville and that's where the decisions are made. Last year HSUS carried out a raid on a
breeder near Nashville with 700 dogs. They got the Nashville Kennel Club and some other local clubs involved in helping them. Ever since that time there have been some core people in those clubs who were
convinced that fighting "puppy mills" was their primary mission. The new HSUS state director was very smart in getting these kennel club members involved in the raid and making friends with them.

At the same time the Nashville Kennel Club, led by AKC judge Jon Cole, was heading up a new dog federation in Tennessee (Tennessee Federation of Dog Clubs). They had about a dozen member clubs from
around the state and enough money to hire a lobbyist. HSUS convinced them last winter that a bill against "puppy mills" was going to pass and that they would be better off helping to write it. So, the Federation sat down with them, had some input and has supported the bill since that time, with just a few exceptions. That was 12 of the biggest clubs in the state. Very little information was actually given to the members of the clubs. Delegates voted to accept what Jon Cole and the others decided. All meetings were held in the Nashville area.


So, it came down to the Nashville area clubs deciding things for the entire state with very little input from anyone else.


The rest of us -- Responsible Animal Owners of Tennessee (mostly in Memphis and the west) and Tennessee Pet-Law (a lot of people in east Tennessee and across the state) were picking up everyone else opposed to the commercial breeder bill.


HSUS was able to say that they had the blessing of show breeders and others with the bills. They claimed to have stakeholder input which wasn't true -- there were no real commercial breeders involved in writing the bill at all. But they did have the Federation on their side.

I contacted Jon Cole as soon as I heard that he was working with HSUS on the bill in December to ask him to oppose it. I told him the reasons why he shouldn't be working with HSUS. I told him why he should be protecting breeder rights. I told him we should be fighting breeder licensing, not trying to get it. I told him that
they should have real commercial breeders on their committee if they wanted to have a fair bill. He blew me off. I know that I'm not the only one who contacted him and told him these things.

I think if the Federation had opposed the bills and informed their membership about them so they could help fight them, the bills would have died in committee. We certainly could have used their lobbyist working for us. If they had even fully informed their membership of what they were doing I think the membership would have tried to stop them.

We got ZERO help from AKC. No alerts sent out. No messages posted on their home page. They posted a couple of messages about what was happening in Tennessee -- buried deep in their government relations
section. But they never even sent them to me so I could post them on the Tennessee Pet-Law list or send them to e-mail lists. They frequently posted inaccurate, out-of-date information in their Take Command newsletter, even though I was sending them updates. I wrote Sheila Goffe several times explaining the situation and asking for help. I felt like I was "handled." The AKC basically continued on the same course.


Instead, they(the AKC) stayed in contact with the Tennessee Federation of Dog Clubs and encouraged them to compromise on the bill throughout the process. Most of the time they claimed to be Neutral. For a few weeks I convinced AKC to oppose the bill, but as soon as one or two amendments were made they went back to being Neutral.


NAIA wasn't much help either. They also worked with the Federation and encouraged them to negotiate rather than fight the bill.

Those of us fighting the bills could have done more. We were learning as we went. I wish that we had been able to attend the committee meetings. We were only able to make a presentation at two committee hearings (and our presenter wasn't treated very kindly at one of them). But Tennessee is a looong state and it's hard to convince people to drive 6-7 hours to be there for a two-minute presentation. We couldn't pull together any kind of demonstration to hold at the Capitol either.

It would have been better if we could have lobbied in person. We discovered that our e-mails and faxes were being deleted and thrown out. Only phone calls had any effect at all. Even then, a representative could assure you that he was opposed to the bill and then vote for it. We had staff completely lie to us. When a dozen people called the governor's office and spoke to his assistant to tell them they were opposed to the bill, I called and spoke to the same woman. She told me they hadn't received any calls about the bill.


We looked for assistance from dozens of outside groups that had similar interests but, though some were sympathetic, none were really willing to help.


I'm sure it didn't help that Wayne Pacelle personally went to Nashville to lobby for the bill.


So, those are some of the reasons that we lost. I hope some of this is helpful for others. Again, these have been my impressions from working on the commercial breeder bill since December of last year, before it was fully written. Some people may disagree with me and take offense but this is the truth.


I wanted to add just one more thing about the situation with the Tennessee Federation of Dog Clubs. From what I understand Mr. Cole and a small group made a unilateral decision in late 2008 to work with HSUS to write the commercial breeder bill that was so harsh to breeders. This was all done before the bill was introduced into the legislature. It was done without the knowledge or consent of the other Federation member clubs.

 AFTER the bill was written and introduced Mr. Cole took a vote at the Federation's annual meeting in March to see if the Federation as a whole would support the bill.

There was one dissenting club (bless them) and a few clubs with delegates who were not present, but the Federation voted to support the bill. Later there were clubs within the Federation who voiced their opposition to the bill but they didn't have the votes to turn the Federation around and make them oppose the bill in its entirety.

By that time the damage had been done and they could only respond to each amendment as it was written.


Permission to cross-post this message and my previous message on Why We Lost In Tennessee.

Carlotta Cooper

S.O.S KILL The HSUS Bills Phone-AThon Tennessee

There are some nasty HSUS backed bills in Tennessee that need to die.  So, on Monday, April 13, 2009, get ready to CALL, FAX, or at the very least email the committee members (as well as your own rep) to send the strong unified message that we are OPPOSED to these bills.  The ARs do this all the time...They stage call-in days and bombard the lawmakers with calls/faxes.  WE must do the same!

Please forward this post to any individual, group/club, groomer, pet sitter, breeder, dog owner, anyone that can lend a few minutes to send these H$U$ bills to their grave!

Animal Forfeiture Bill, HB 0626, will be heard Tuesday, April 14, before the House Calendar and Rules Committee   Bill Summary:  In animal cruelty prosecutions, if a defendant is ordered to post court security to pay for expenses of caring for the animal, s/he currently has 15 business days to come up with the money. If s/he can't do that the ownership rights are lost. This bill will change the time limit to 72 hours, which is very little time considering that the person will also need to find money for an attorney and bail, and the amount of money required for the security is likely to be considerable.

The bill will also remove the following wording:  " However, if the person from whom the animal was seized is not the owner of the animal and the person has not posted the court-ordered security within fifteen (15) days, the court shall order the governmental animal control agency or the humane society to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding. No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency or humane society until reasonable attempts to determine and notify the owner have been made."

This wording gives rightful owners an opportunity to reclaim pets that have been stolen or otherwise ended up in the hands of an (alleged) animal abuser.


The take home message here is that both of the above-mentioned changes will make it easier or more likely for an innocent person to lose his/her animals. They also could result in overzealous prosecution and/or abuse of process. More information concerning the problems with asset forfeiture programs can be found here: http://www.fear.org// .
 
Innocent people DO get accused of animal abuse, and, unless they are wealthy, they will almost certainly lose their animals and go bankrupt while defending themselves. As our legal system is based on "innocent until proven guilty," it would be better to have the person reimburse the costs if and only if found guilty.
 
HOUSE CALENDAR AND RULES COMMITTEE MEMBERS: (please contact each member and ask them to OPPOSE this bill.  The phone/fax numbers are for their Nashville offices)
Chair: Rep. Bill Dunn
R-Knoxville, District 16 - Part of Knox Cty: Phone (615) 741-1721 Fax (615) 253-0276
rep.bill.dunn@capitol.tn.gov
Vice-Chair: Rep. Larry Turner
D-Memphis District 85 - Part of Shelby Cty:  Phone (615) 741-6954 Fax (615) 741-3144
rep.larry.turner@capitol.tn.gov  
Secretary: Rep. Matthew Hill
R-Jonesborough District 7 - Part of Washington Cty: Phone: 615-741-2251 rep.matthew.hill@capitol.tn.gov
Members:  Rep. Joe Armstrong  Phone (615) 741-0768 Fax (615) 253-0316
rep.joe.armstrong@capitol.tn.gov  ; Rep. Stratton Bone JR D-Lebanon District 46 - Cannon, Trousdale and part of Wilson Cties: Phone (615) 741-7086 Fax (615) 741-2405 rep.stratton.bone@capitol.tn.gov  ;Rep. Harry Brooks R-Knoxville District 19 - Part of Knox Cty: Phone (615) 741-6879 Fax (615) 253-0212
rep.harry.brooks@capitol.tn.gov ; Rep. Glen Casada R-Franklin District 63 - Part of Williamson Cty: Phone (615) 741-4389 rep.glen.casada@capitol.tn.gov ;Rep. Kent Coleman D-Murfreesboro District 49 - Part of Rutherford Cty: Phone (615) 741-6829 Fax (615) 253-0332 rep.kent.coleman@capitol.tn.gov ; Rep. John J. Deberry JR. D-Memphis District 90 - Part of Shelby Cty: Phone (615) 741-2239 Fax (615) 253-0294
rep.john.deberry@capitol.tn.gov ;Rep. Lois DeBerry D-Memphis District 91 - Part of Shelby Cty: Phone (615) 741-3830 Fax (615) 741-3992 rep.lois.deberry@capitol.tn.gov ; Rep. Craig Fitzhugh D-Ripley
District 82 - Lauderdale, Crockett and part of Dyer Cties: Phone (615) 741-2134 Fax (615) 741-1446
rep.craig.fitzhugh@capitol.tn.gov ; Rep. Bill Harmon D-Dunlap District 37 - Sequatchie, Van Buren, Grundy and Marion Cties: Phone (615) 741-6849 Fax (615) 253-0264 rep.bill.harmon@capitol.tn.gov ; Rep. Beth Harwell R-Nashville District 56 - Part of Davidson Cty: Phone (615) 741-0709 Fax (615) 741-4917
rep.beth.harwell@capitol.tn.gov ; Rep. Susan M. Lynn R-Mt. Juliet District 57 - Part of Sumner and Wilson Cties: Phone (615) 741-7462 Fax (615) 253-0353 rep.susan.lynn@capitol.tn.gov ; Rep. Judd Matheny

R-Tullahoma District 47 - Coffee and part of Warren Cties: Phone (615) 741-7448 Fax (615) 253-0226
rep.judd.matheny@capitol.tn.gov ; Rep. Joe McCord R-Maryville District 8 - Parts of Blount and Sevier Cties: Phone (615) 741-5481 Fax (615) 253-0220 rep.joe.mccord@capitol.tn.gov ; Rep. Gerald
McCormick R-Chattanooga District 26 - Part of Hamilton Cty: Phone (615) 741-2548 Fax (615) 253-0305 rep.gerald.mccormick@capitol.tn.gov ; Rep. Steve McManus R-Cordova District 96 - Part of Shelby Cty: Phone (615) 741-1920 Fax (615) 253-0232 rep.steve.mcmanus@capitol.tn.gov ; Rep. Gary W. Moore, SR D-Joelton District 50 - Part of Davidson Cty: Phone (615) 741-4317 Fax (615) 253-0360
rep.gary.moore@capitol.tn.gov ; Rep. Jason E. Mumpower R-Bristol District 3 - Johnson and part of Sullivan Cties: Phone (615) 741-2050 Fax (615) 253-0298 rep.jason.mumpower@capitol.tn.gov ; Rep. Gary Odom D-Nashville District 55 - Part of Davidson Cty: Phone (615) 741-4410 Fax (615) 741-7528
rep.gary.odom@capitol.tn.gov ; Rep. Curry Todd R-Collierville District 95 - Part of Shelby Cty: Phone (615) 741-1866 Fax (615) 532-8221 rep.curry.todd@capitol.tn.gov ; Rep. Joe Towns, JR D-Memphis
District 84 - Parts of Shelby Cty: Phone (615) 741-2189 Fax (615) 253-0201 rep.joe.towns@capitol.tn.gov ; Rep. Mike Turner D-Old Hickory District 51 - Part of Davidson Cty: Phone (615) 741-3229 Fax (615) 741-4322 rep.mike.turner@capitol.tn.gov ; Speaker Kent Williams Carter Cty Republican-Elizabethton District 4 - Carter Cty: Phone (615) 741-7450 Fax (615) 253-0310
speaker.kent.williams@capitol.tn.gov

 Commercial Breeder Act [HB0368]: House Judiciary (full committee) on the 15th.


Commercial Breeder Act [SB0258]: Senate Commerce, Labor, and Agriculture Committee on the 15th.

PLEASE CALL/FAX/ or EMAIL BOTH of these committees and ask them to OPPOSE this bill (both identical versions) 

The National Animal Interest Alliance has set up the CapWiz on their website.  This will work for Tennessee residents ONLY...IT IS SUPER SIMPLE!  Click and send and your message will be sent to ALL of the committee members!!!  If you would rather fax, you may still use the NAIA site.  When your letter is complete, just print and fax! 

House Judiciary Committee (FULL committee)  (click for complete info on each member!)

Senate Commerce, Labor and Agriculture Committee  (click for complete info on each member!)

In some significant ways, these bills resemble HSUS supported anti-breeder legislation that has shown up in several other states so far this year.

The Tennessee Commercial Breeder Act:


* Applies to dogs and cats.

* Defines a commercial breeder as anyone who possesses or maintains 20 or more adult female dogs  for the purpose of the sale of their offspring as companion animals”.

* Limits the number of dogs/cats a commercial breeder can maintain to 75 unsterilized “companion animals” over the age of 6 months.NOTE: (In the current amended version, the 75 cap has been removed...as of 4/12/09)

* Requires annual licensing of commercial breeders and sets up a fee structure of $500 per year for those owning 20-40 adult companion animals, and $1000 per year for those owning 41-75.

* Empowers the Commissioner of Agriculture to grant licenses, oversee compliance with standards, rules and regulations, and suspend licenses for non-compliance or cruelty. Breeder will be given a 10-day
written notice of suspensions and may be granted a hearing to contest. Violations would constitute a Class B misdemeanor punishable by fine only.

* Licenses will only be granted to applicants of “good moral character” after a criminal background check and inspection of the premises. (NOTE: In the current amended version, the wording "good moral character" has been removed)

* Allows commercial breeder premises and records to be inspected at all reasonable times by the Commissioner, a representative of the Commissioner, or a legally constituted law enforcement agency.

* Requires commercial breeders to file semi-annual reports on the number of dogs/cats in their possession, the number of dogs/cats sold including the names and addresses of who purchased them, and the number of dogs/cats received by the breeder that were not purchased including the names and addresses of who they obtained them from.

* Grants the Commissioner authority to confiscate animals for failure to license and hand them over to local or federal animal welfare agencies or humane organization, like ASPCA or HSUS, and order the breeder to pay a security bond that could be transferred to the agency/organization for the cost of care.

* Subjects violators to a fine of $1000 per animal sold, offered or advertised without a license.

This Act reads as though its main preoccupation is to introduce a complex layer of state regulation that will generate revenue through licenses and fines, not directly improve actual care and conditions for animals.

Many of the definitions provided are unclear and inconsistent and consequently make hobby breeders, trainers, handlers, hunt clubs, boarding kennels and private rescue networks vulnerable to commercial requirements.

We oppose number limits because they are arbitrary, unscientific and have been found to be unenforceable and vulnerable to court challenges. Furthermore, they have never been successful in addressing irresponsible breeding or negligent rescue operations. Limits and caps drive pet owners and breeders underground where they are harder to oversee and prevent abuse.

We believe there are more effective solutions available to help eliminate substandard kennels, from greater enforcement of existing anti-cruelty and nuisance laws to educating consumers about how to seek out responsible and humane sources of healthy pets.

Politely explain that this legislation misses the mark. Offer your expertise as a Tennessee resident with hands-on animal experience who they can rely on instead of an out of state organization for their information about pet issues.


Please call, fax or email the representatives and senators that will be hearing ALL of these important issues!   Government officials work FOR the people...Politely let them know you OPPOSE these 3 bills !!!!

Sleeping With The Enemy in Tennessee

The HSUS Kool-Aid has made its way to Tennessee,  as evidenced by the state's ANTI breeder bill that is being supported by several of the AKC all breed dog clubs. ("We just HAVE TO get rid of those terrible "puppy mill" people"...yeah, whatever that means...)

Called the "Commercial Breeder Act", SB258/HB386  seeks to label breeders who "possesses or maintains at least 20 female dogs in order to sell their offspring as companion animals" as commercial breeders.  Once again, a "magic number" is being introduced....a number that can easily be LOWERED at the whim of the HSUS and lawmakers.   What's worse, the bill calls for WARRANTLESS inspections, guidelines for breeders to follow that aren't described in this bill.....AND .....before a license is issued it must be determined that the applicant is of "GOOD MORAL CHARACTER"....

Does any of this sound VAGUELY familiar to anyone???   Does this sound like the other dozens of ANTI breeder bills being pushed around the country??? 

How many "hobby breeders" co-own bitches with other people as well as "possess" bitches at their homes?   Under this bill, the burden of proving you are NOT intending to sell those bitches' offspring falls on your head...and, just how exactly, would a person do that?  The short answer is:  YOU CAN'T.  Think about it.  It's not hard to reach the magical "20" number. ( "But, Mr Animal Control Officer, those 3 bitch puppies over there....I'm holding onto them to see if they will be show quality or not.....and, well, I don't actually own those over there 'cuz they are just here for me to show and train...")


So, what if someone has, say 19...or 18...Guess that pesky detail will have to be changed next year, huh?  When are people going to wake up?  Obviously not soon enough, since the House version of this Anti breeder bill passed yesterday.  The Senate is expected to vote soon.  Rather than stand up and CONFRONT the bully that is the HSUS head-on, the dog fancy has chosen to "protect itself" and throw somebody else under the bus. 

Act now:  Write, call, fax the senators in Tennessee and tell them to OPPOSE SB258....Tennessee already has cruelty/neglect laws on the books, and Commercial Breeders are already licensed and regulated under the USDA.  Placing the "burden of proof" on the accused as this bill is written is unconstitutional as it deprives the breeder of due process under law.

Who, I wonder, will be left to stand up when the HSUS comes for you.....and your breeding program....hmm...

HSUS Sinks to New Low, Even For Them

This week, Wayne and company (the H$U$), hit a new low by pimping out kids to lawmakers in Tennessee. Not teenagers, little kids belonging to Brownie Troop 550 in Nashville. (And just where were these kids parents, anyway??) This latest ploy had the kids lobbying on behalf of the H$U$ to "stop puppymills" in Tennessee.

We all know the H$U$ relies on emotion over facts and common sense, and sadly the majority of Americans oblige. There are several "visuals", that when put before even the most level-headed, will cause an opening of the wallet (sad little puppy and kitty photos, "Help us, please")....and the wide innocent eyes of young children ("Hey, Mister Lawmaker, would you make those bad dog breeders not be mean to those poor doggies anymore?")

It is no secret that Wayne and Insane Ingrid are trying to indoctrinate our youth and brainwash them in the ways of veganism. But, c'mon!!! Taking advantage of the innocence of YOUNG children that don't understand the issues involved...and aren't even old enough to vote! Parading them up and down the halls of the state capitol...using their innocence and their emotions to push your ANTI-breeder agenda... That's a new low, even for you, Wayne-o. Shame on you.

Tennessees' breeders are just one of the many states being targeted by the wealthy animal rights group. Senate Bill 258, sponsored by Sen. Doug Jackson (D-25) and House Bill 386, sponsored by Rep. Janis Baird Sontany (D-53) places breeding of purebred dogs under criminal animal cruelty statutes. The bills classify a Commercial breeder as any person who possesses or maintains twenty (20) or more adult female dogs in whole or in part for the purpose of the sale of their offspring as companion animals. If even one litter of puppies is produced, a commercial breeder licensing would be required. Ownership of 75 is the absolute limit. Background checks will be required for applicants, and the state will determine if the applicant is of good moral character and deserving of the license.

HSUS State Director, Leighann McCollum, responding on behalf of Sen. Doug Jackson confirmed that USDA regulations currently in effect under the Dog and Cat Dealer Act (44-17-101) will be required for the new commercial breeder kennels. Senate Bill 258 was referred to Senate Committee Commerce Labor & Agriculture Feb. 19; no hearings are scheduled at this time.

Everyone knows that most states are facing the most troubling economic times we have seen since the Depression, so does the H$U$. Wayne and company may be morally bankrupt, but they aren't stupid; they know what sells, and in this case, when the going gets tough, NO child is safe or above being pimped out for their breeder elimination plan.