Nebraska bill addresses animal abuse

During a week that included the latest Humane Society of the United States (HSUS) undercover video release, another bill surfaced in a state legislature to address such tactics. Nebraska lawmakers are considering a bill (LB915) that would tighten requirements for animal abuse reporting. The Nebraska Senate’s Agriculture Committee held hearing on the issue on Jan. 31. Sen. Tyson Larson, O’Neill, Neb., introduced the legislation, which would shorten the time that a person could report animal abuse, abandonment, cruelty or neglect to 12 hours. There is currently a 24-hour window in Nebraska. Larson said he wrote the bill to address the issue of animal activists who hold documentation of mistreatment, often for days, weeks or months, before reporting it to authorities. As an example, HSUS admitted that the undercover video that it released this week was shot in November 2011. That situation is still under review. “Animal activist groups routinely use images of abused animals in their fundraising materials,” Larson said. “Members of these groups are responsible for reporting these instances instead of using them for their own gain. This (legislative) approach ensures that any perpetrators of animal abuse are properly investigated and that the welfare of the animals is the top priority.” Larson, who grew up on a ranch, said, "99.9 percent of farmers are doing things the right way." According to the bill, any person submitting a report of animal abuse would be required to include all documentation including video, photographs or audio that is evidence of the alleged abuse. Failing to report animal abuse within the designated timeline would be a Class IV felony. A second provision of the bill also would make it a crime to obtain employment at an animal facility with the intent to disrupt the businesses normal operations. This would include misrepresenting ones intent upon applying for employment. Violations would be a Class IV felony. While the Nebraska Senate Ag Committee took no immediate action, this is another example of state lawmakers attempting to address practices they say are not really about animal care, rather such actions are focused on garnering public and political influence and fundraising. Iowa lawmakers have a somewhat similar bill that has been amended and is under consideration in the Senate. Introduced by Democratic Sen. Joe Seng and Republican Sen. Tim Kapucian, the bill would make it illegal to take a job or gain access to an animal facility under false pretenses. Earlier provisions about outlawing videotaping were removed because of questions legality. A similar video measure failed in Florida’s statehouse. Kapucian, a former livestock producer from Keystone, Iowa, said some measure is needed because animal activists are trying to unfairly portray producers and entire industries. "The people that are doing these activities are working toward a meatless society," Kapucian said. "Their whole goal is to put a producer in a bad light." Others claim that such legislative proposals are intended to hide animal abuse from the public. Jeff Kerr, general counsel for People for the Ethical Treatment of Animals, said animal abuse investigations can take weeks and sometimes months to establish a pattern of behavior strong enough to trigger a law enforcement investigation. PETA has conducted more than 300 investigations during the past 30 years, according to Kerr. The Chicago-based Mercy for Animals organization has distributed several videos in recent years. "We have contacted the legislators directly that have been making these false and libelous claims about these videos being misleading," Nathan Runkle, MFA’s executive director, told Omah.com. "We've asked them to produce evidence, and none of them have provided supporting evidence, and that's because it doesn't exist." However, Iowa Select Farms was the subject of an MFA undercover video, and company spokesperson Jen Holtkamp pointed to an assessment by Anna Johnson, Iowa State University animal well-being expert, who that found no instances of abuse in that case. "It is clear to us that these activist organizations try to mislead and manipulate the public's perception of animal agriculture," Holtkamp said in a statement.

Lawmakers move to make hunting a constitutional right

By Fred Knapp, NET News January 31st, 2012 Lincoln, NE – The Legislature moved one step closer Tuesday to putting a constitutional amendment to protect hunting on the November ballot. Lawmakers picked up where they left off last year in debating the proposed constitutional amendment. It would say that people have the right to hunt, fish and harvest, or trap, animals, subject to rules like those to promote wildlife conservation. Supporters say they want to protect those rights and traditions against possible anti-hunting moves by groups like the Humane Society of the United States. Opponents call the amendment unnecessary. Among them was Lincoln Sen. Amanda McGill. “We don’t have any real threat against hunting and fishing in our state. I would argue we don’t have a real threat anywhere in our country,” McGill said. “We may have one organization — HSUS — that may think that they are trying to accomplish that goal. But they have no pull here in Nebraska.”

FW: Nebraska Set to Approve Further Regulations on All Dog Breeders

Legislative Bill 427, and amendments adopted by the Agriculture Committee seek to further regulate “commercial dog breeders” in Nebraska. Current law defines “commercial breeders” as anyone who owns or harbors four or more intact dogs or cats, who sells at least 31 dogs and cats per year, whose dogs/cats produce four or more litters per year, or who knowingly sells or leases dogs/cats for later retail sale or brokered trade. While the AKC appreciates the numerous amendments made to this bill to remove restrictive breeding regulations, a major concern still remains. With this low threshold in current law, LB 427 would require anyone who owns four intact dogs over the age of six months – which includes many pet owners – to comply with regulations designed for large commercial kennels. Specific requirements that are appropriate for large commercial enterprises may not be appropriate or compatible with ordinary pet ownership, ownership of hunting or working dogs, or small-scale hobby breeding activities that would be regulated by this measure. Background: Under existing “commercial breeder” regulations, those who fall under the state definition of “commercial breeder” are already required to be licensed and inspected at least once every two years by the state, as well as comply with basic standards of care such as maintaining sanitary conditions; providing adequate food and clean water; providing adequate socialization and exercise; and primary enclosure requirements. Current law also requires that breeders develop and maintain a veterinary care plan in conjunction with a veterinarian and provide veterinary care “without delay when necessary.” The AKC strongly believes that all dogs deserve to live in safe, healthy environments, and that they should not be kept in conditions where their basic needs are not met. We believe that current law already addresses these concerns. The new regulations outlined in Legislative Bill 427 place undue, unnecessary and expensive burdens on responsible hobby breeders and owners of intact dogs. These new regulations include providing unfettered access to an outdoor exercise area (with specific construction requirements) that is three times the size of a primary enclosure. It is unclear how this will affect those who keep dogs in their home and not in crates or other enclosures. Other regulations include scheduling regular onsite visits by a veterinarian. How You Can Help: Unlike other state legislatures, the Nebraska Legislature has only one chamber. Since the bill has already passed committee, it has only one more step before going to the Governor. We encourage all responsible dog owners and breeders to contact their State Senator TODAY and ask that the Legislature remove the line from current law that defines a “commercial breeder” as someone with four intact dogs. Please also express any other concerns you have with Legislative Bill 427. Use this link to find your State Senator and their contact information. A sample letter to personalize is attached. Contact the AKC Government Relations Department at (919) 816-3720 or doglaw@akc.org for any questions or the latest information.

Hawaii SB2504 Would Outlaw Sale of Any Unsterilized Dog

Friday, February 03, 2012 http://www.akc.org/news/index.cfm?article_id=4570 A bill has been introduced in Hawaii that would prohibit selling or giving away an unsterilized cat or dog. The Senate Commerce and Consumer Protection Committee and Economic Development and Technology Committee (CPN/EDT) have scheduled a public hearing on Senate Bill 2504 on Tuesday, February 7, 2012 at 9:00 a.m. Importation of dogs to the Hawaiian Islands is limited and strictly regulated. If all cats and dogs sold or given away must be sterilized, it calls into question where citizens of Hawaii will obtain future generations of pets. Every Hawaii resident who wishes to have the choice to own a dog or cat in the future should contact the committee members and respectfully state opposition to SB2504. Problematic provisions of this bill include, but are not limited to: The definition of “pet seller” includes any person who sells pets to the public. It would be unlawful for a “pet seller” to sell or give away an unsterilized cat or dog. This would include any person who sells, gives away, or exchanges an unsterilized dog under any circumstances. Responsible breeders could be limited to breeding dogs currently in their possession, leaving them with few options to introduce new bloodlines and create healthy expansion of their gene pools. The definition of “pet seller” excludes humane societies, animal control, rescue and care organizations, thereby exempting such organizations from the provisions of the bill. The American Kennel Club (AKC) strongly supports and actively promotes a wide range of programs to educate the public about responsible purebred breeding practices and the responsibilities of dog ownership. The AKC opposes the concept of breeding permits, breeding bans or mandatory spay/neuter of purebred dogs. Instead, we support reasonable and enforceable laws that protect the welfare and health of purebred dogs and do not restrict the rights of breeders and owners who meet their responsibilities. WHAT YOU CAN DO: All concerned residents of Hawaii should immediately contact members of the CPN/EDT Committees and respectfully ask them to vote no on SB2504. Contact information is listed below. You can indicate your opposition online by clicking here. Type SB2504 in the box under “Enter a measure to retrieve the corresponding hearing notice” and follow the instructions. You may also submit comments (referred to as “testimony”) via the online form. Testimony may be submitted up to 24 hours prior to the scheduled hearing. The hearing notice and information on submitting testimony can be viewed here. Concerned citizens are also encouraged to attend the public hearing to state opposition to SB2504. Hearing Information: DATE: Tuesday, February 7, 2012 TIME: 9:00 a.m. PLACE: Conference Room 229, State Capitol, 415 South Beretania Street, Honolulu, HI 96813 Contact Information for Committee Members: Senator Rosalyn H. Baker Chairman, Senate Committee on Commerce and Consumer Protection 808-586-6070 senbaker@capitol.hawaii.gov Senator Brian T. Taniguchi Vice Chairman, Senate Committee on Commerce and Consumer Protection 808-586-6460 sentaniguchi@capitol.hawaii.gov Senator Carol Fukunaga Chairman, Senate Committee on Economic Development and Technology 808-586-6890 senfukunaga@capitol.hawaii.gov Senator Glen, Wakai Vice Chairman, Senate Committee on Economic Development and Technology 808-586-8585 senwakai@capitol.hawaii.gov Senator Brickwood Galuteria 808-586-6740 sengaluteria@capitol.hawaii.gov Senator Josh Green 808-586-9385 sengreen@capitol.hawaii.gov Senator Clarence K. Nishihara 808-586-6970 sennishihara@capitol.hawaii.gov Senator Sam Slom 808-586-8420 senslom@capitol.hawaii.gov Senator Malama Solomon 808-586-7335 sensolomon@capitol.hawaii.gov