New Mexico animal lovers want to see animal abuse registry

Apparently the push by ALDF for animal abuser registries is still on.  These registries are a very bad idea. Learn more about the registries at the SAOVA website.

ALBUQUERQUE (KRQE) – Sex offenders have to register online, now there’s talks in New Mexico of making animal abusers do the same.

It all started with a recent post in a Facebook group for New Mexico animal lovers. The post brought up the idea of an animal abuse registry.

“My initial feeling was it was another resource that will give a voice to the voiceless,” said Krisinda Cheney. Cheney said when she saw the post about an animal abuse registry, she was all for the idea. “In New Mexico, a great deal goes unreported so I think it’s something that holds individuals accountable,” said Cheney.

This isn’t a new idea. Other states have considered the database before and some cities have already implemented it.

“So far this policy has been adopted in multiple jurisdictions in New York State,” said Scott Heiser of the Animal Legal Defense Fund. Heiser said the organization is pushing for a registry in every state.

“It’s a vehicle that prevents those who are placing animals or adoptive animals out into potentially loving homes, a tool to get accurate information when doing background checks,” said Heiser.

At Animal Protection of New Mexico, they said they’re for any initiative that protects animals. However, they said there’s still a lot of barriers to pass the database. “Not the least is figuring out who will run it, who will build it and maintain it, where the money will come from,” said Jessica Johnson of Animal Protection of New Mexico. Johnson also said the person running it has to have access to the right information from law enforcement.

Full article at link:  http://krqe.com/2015/06/22/new-mexico-animal-lovers-want-to-see-animal-abuse-registry/

News Briefs and Updates October 24, 2014

Dear SAOVA Friends,

Campaign financing information has been released by the Federal Election Commission (FEC) that includes contributions through September 30.  We have a few notable updates for you from these figures. The Humane Society Legislative Fund (HSLF) spent a total of $78,493 supporting the campaign of Congressman Gary Peters (D) to win the open Senate seat race in Michigan against challenger Terri Lynn Land (R).  A close second is Senator Jeff Merkley (D, OR) where HSLF has contributed $75,150 to assist his re-election.

We reported previously that HSLF had contributed $41,794 to the campaign of Tony Strickland (R) in the California district 25 open Congressional seat race against Steve Knight (R).  Rounding out the list of top expenditures is the HSLF contribution of $50,941 to Congressman Bruce Braley (D) challenging Joni Ernst (R) for the open Iowa Senate seat.  

As of October 23, HSUS/HSLF contributed approximately $2 million to Mainers for Fair Bear Hunting, headed by HSUS state director Katie Hansberry, in support of their ballot initiative.  Question 1 on the November ballot would ban the use of bait, dogs and traps for bear hunting in the state. The current report from the Maine Commission on Governmental Ethics and Election Practices shows only one percent of the campaign funds raised by supporters of Question 1 actually came from Maine donors. In addition, HSUS/Mainers for Fair Bear Hunting filed a lawsuit in September requesting an injunction against the Maine Department of Inland Fisheries and Wildlife to prevent them from speaking out publicly against Question 1 and to have all content opposing Question 1 removed from their website.  

Last week Superior Court Justice Joyce Wheeler rejected the injunction request.  “Restricting speech on contested public issues is directly contrary to the public interest, which favors a robust and dynamic public discourse,” Wheeler said in her 15-page decision. “It is [for] the voters, not the plaintiffs or the courts, to assess the relative merits of conflicting speech.  Judge Wheeler continued, “The public interest would be adversely affected if plaintiffs’ request for a temporary restraining order were granted when DIF&W’s speech is on topics squarely within its competence as governor of statutory directives from the Legislature.”   HSUS/Mainers for Fair Bear Hunting plans to appeal the decision.

Please read and share the rest of our updates. The world not only belongs to those who show up, it's controlled by the best informed and most motivated.  Make your vote count on November 4th!

Susan Wolf
Sportsmen's and Animal Owners' Voting Alliance -
Working to identify and elect supportive legislators

http://saova.org

ALDF PETITIONS TO REGULATE GREENHOUSE EMISSIONS

San Francisco — On October 16, the national nonprofit Animal Legal Defense Fund (ALDF) filed a formal rulemaking petition with the California Air Resources Board to regulate greenhouse gas emissions from animal agriculture, as it does for the energy and transportation sectors. The petition calls on the agency to require “factory farms” to report greenhouse gas emissions to the Air Resources Board, which will “cap” these emissions. California’s groundbreaking cap-and-trade program stems from the state’s 2006 Global Warming Solutions Act.  ALDF’s first-of-its-kind state petition asks the Air Resources Board to include animal agriculture in that program. California uses more than 25 million acres of land for agriculture. “Animal agriculture is systematically responsible for cruelty to millions of animals, pollution of natural resources, and health problems in our state,” said ALDF Executive Director Stephen Wells. “Our state agencies should regulate pollution from the animal agriculture industry like they do for cars and trucks.”

YET ANOTHER HSUS AWARD

The inaugural “Humane Filmmaker” award will be presented this month to Director Darren Aronofsky for using computer-generated images instead of animals in the movie “Noah”.  According to HSUS the film shows that animals can be a large part of entertainment production without risking their welfare. “As more directors like Aronofsky choose digital alternatives in film, TV, and advertising, animal actors could become as obsolete as celluloid film” said Debbie Leahy, HSUS Manager of Captive Wildlife Protection.

PERDUE/HSUS JOINT PRESS RELEASE

October 13, 2014.  Perdue Farms, Inc. and The Humane Society of the United States are pleased to announce the settlement of two federal cases in New Jersey and Florida concerning Perdue's "humanely raised" claim on its Harvestland chicken labels. The settlement requires the plaintiffs to dismiss their claims with prejudice, in exchange for Perdue agreeing to remove the "Humanely Raised" label claim from its Harvestland chicken packaging.

The proposed class action cases were filed in 2010 and 2013 by individual consumers who contended that Perdue's "Humanely Raised" claim on the packaging of its Harvestland brand chicken was misleading. Perdue vigorously opposed plaintiffs' claims.

"We are pleased to see the claim removed from Harvestland's packaging, which we view to be misleading," said Peter Petersan, Director of Animal Protection Litigation for the HSUS. "We will continue to work to protect both animals and consumers."

"Perdue rejects the plaintiffs' allegations and maintains that its labels are not misleading in any way. Nonetheless, it has agreed to discontinue the labeling claim at issue," said Herb Frerichs, General Councel for Perdue Farms. "Perdue is committed to treating animals with respect and to ensure their health and safety. We are pleased this lawsuit has been resolved."

Source: HSUS press release http://tinyurl.com/pvd59w7

SANCTIONS ISSUED IN 'PUPPY MILL' ONLINE DEFAMATION SUIT

Burlington County Superior Court Judge M. Patricia Richmond awarded $25,000 in legal fees on October 16 to Clifford Mintz of East Windsor N.J. to be paid by plaintiffs Donna Roberts and Dawn Abrams. The fee decision comes four years after Richmond granted summary judgment dismissing Roberts' and Abrams' claims against Mintz. 

Mintz had been ranting on his blog against Roberts and Abrams, accusing them of running a puppy mill.  According to reports the dispute began when Mintz purchased a second dog from the breeders. Mintz claimed he thought the dog was another purebred, but that it turned out to be an unhealthy mix-breed.   Roberts and Abrams claimed they told him the dog had been rescued from a pet owner who could not care for him.

Roberts and Abrams compared the blogging attacks to cyber-bullying and after two years filed a defamation suit against Mintz; however, the suit was dismissed on First Amendment grounds by Superior Court Judge Patricia Lebon.  HSUS had joined the lawsuit in defense of Mintz, arguing the suit was designed to stop him from warning the public through protected speech about the unscrupulous business practices of dog breeders.

NATIONAL SHERIFF’S ASSOCIATION, HSUS JOINT PROJECT

John Thompson, executive director of the National Sheriffs' Association (NSA), believes animal abuse is too common.  “So if we can stop a case of animal cruelty, we may intercept violent crimes against people as well”, says Thompson.

The NSA was instrumental in working with the FBI to have animal cruelty offenses, including animal neglect, listed as a separate category in the Uniform Crime Report (UCR), the prime source of information on crime in the U.S.  Animal cruelty crimes will now be classified as distinct Group A offenses, joining other major crimes such as arson, assault, and homicide, and will require the reporting of both incidents and arrests. The reported crimes will be categorized as simple/gross neglect; intentional abuse and torture; organized abuse; and animal sexual abuse.

NSA in partnership with ICE BlackBox and the HSUS have launched a new feature within the ICE BlackBox app to report animal abusers. The ICE BlackBox app not only records the abuse, but also notes the GPS coordinates.  When someone begins recording an event, the recording is uploaded to the NSA secure servers in Alexandria VA to its National Law Enforcement Center on Animal Abuse (NLECAA).  Kaema Akpan is heading up that effort as the center's attorney and will filter the videos to the right police agencies.  According to the NLECAA website, HSUS-funded agents will be used to assist in alerting local authorities and district attorneys.

Thompson noted that local law enforcement departments taking part in pilot programs tied directly to ICE BlackBox would instantly receive recordings of animal abuse from local citizens.

In the HSUS press release Thompson said: “We encourage everyone who has a smartphone and cares about protecting animals and our communities to download this new app.”  Thompson added, “We want to give special thanks to Cesar Millan and the Cesar Millan Foundation for their contribution in the public service announcement video that was shown at the news conference.” This PSA is the first in a series on reporting animal abuse with the ICE BlackBox App.

The app originally developed for the National Neighborhood Watch program was modified to allow the public to report animal abuse.

Sources: ABC News; AL.Com; HSUS press release http://tinyurl.com/n6gghcw

National Sheriffs’ Association website http://tinyurl.com/kdru9l2

National Sheriffs’ Association media contact: Susan Crow scrow@sheriffs.org

URGENT ALERT: IOWA ANTI-BREEDER BILL INTRODUCED

Senator Matt McCoy introduced SF2166, a bill that will have a devastating effect on Iowa dog and cat breeders. The bill was assigned to his committee and has passed.  A full Senate vote is expected soon. IT IS URGENT THAT YOU CALL OR EMAIL SENATE MEMBERS AND OPPOSE THIS BILL NOW.

The current law loosely defines a commercial breeder as anyone with 4 or more breeding dogs or cats, who sells, exchanges, or leases in return for consideration (term not defined).  Requirements for those who may be “commercial breeders” are extensive and extreme. Hunters are only exempt if they do not use any of their dogs for breeding (male or female).

TALKING POINTS

SF2166 significantly increases license fees for commercial breeders in order to pay for animal seizures. Currently, the registration fee is $175 to cover the department of agriculture’s administration costs. SF2166 requires commercial breeders to pay that amount plus an additional amount ranging from $100 to $2,500 based on the number of dogs on your property at the time of an inspection.  The additional fee will be deposited in a new “animal rescue remediation fund” used to reimburse local authorities when dogs are seized.  Current law already requires anyone accused of cruelty to post a bond to cover animal care while hearings take place.

SF2166 requires a primary enclosure to be 2 times the Animal Welfare Act (AWA) standard by January 1, 2015.  The bill then repeals this at the end of 2015 and increases the mandate to 3 times AWA standard beginning January 1, 2016.  Breeders certainly cannot afford to purchase new crates or kennels for only one year’s use and then discard and build again.  In order to comply with the bill’s standards a breeder would have to renovate facilities to meet the 2016 standard.  This would mean primary enclosures (crates) of enormous size. An average size Cattle Dog would need a crate approximately 8X4X3.  In addition, a commercial breeder with ten or more breeding dogs must have primary enclosures that provide permanent unfettered access to an “attached” outdoor run.   Current Iowa code allows only 6 dogs inside the home of a licensee; however with the proposed enclosure requirements it is unlikely that any breeder can keep dogs inside and remain licensed unless their home includes enclosures with attached outdoor runs.

The new primary enclosure regulation in SF2166 is also required for cats. Current AWA standard requires all cats be in enclosures at least 24 inches high. Cats up to and including 8.8 lbs must be provided with at least 3 SF of floor space; cats over 8.8 lbs must be provided with 4 SF of floor space. SF2166 requires space 3 times what is specified in Title 9 C.F.R. §3.6.   Cats are NOT excluded from the requirement that the primary enclosure include an “attached” outdoor run with unfettered access.  A mandate for cats to have unfettered access to outdoor runs will place them at risk of contact with feral cats and exposure to deadly diseases.

Having “unfettered” access to outdoor runs could be deadly to puppies and kittens.  This would also make it impossible to maintain temps required under existing laws.

The bill mandates annual veterinary examinations for all breeding dogs and breeding cats.  There are no specifications for what the exam entails. A routine 15-minute exam can only detect obvious conditions such as missing teeth or being over/underweight, and places the veterinarian in a position of certifying or documenting an exam using only these external assessments. This provision only serves to make breeding dogs and cats more expensive without measurable benefit. Veterinary care should remain at the owner’s discretion and not become a legislative mandate.

SF2166 prohibits commercial breeders from purchasing a dog or cat from anyone who is not licensed and also from participating in rescue.

The bill mandates annual inspections during business hours.  For dog and cat owners who are not true businesses, making their homes available for inspection will be problematic.  Hobby breeders, those with as few as four breeding animals, and small breeders working outside the home during inspection hours could face disciplinary action for not being home for an inspection.

SF2166 is not an animal welfare bill; it is an attempt to shut down breeding of cats and dogs in Iowa.

Please cross post widely.

Susan Wolf
Sportsmen's & Animal Owners' Voting Alliance
Working to Identify and Elect Supportive Legislators
saova@earthlink.net
cubhill@earthlink.net
http://saova.org

Legislation Updates February 16, 2014

SAOVA Friends,

Most legislatures are now in session for 2014 and there is no shortage of bills being introduced targeting dog breeders and sportsmen.  We have a short list of bills below that require your attention now.  Additional bills are being tracked at the SAOVA website http://saova.org/news.html Please check weekly for updates.  Cross posting is encouraged.

Susan Wolf

Sportsmen's & Animal Owners' Voting Alliance

Working to Identify and Elect Supportive Legislators

saova@earthlink.net

ARIZONA

Wayne Pacelle made a personal appearance at this month’s Humane Lobby Day to push HSUS priority bills. Among them HB 2022 prohibiting convicted animal abusers from owning or otherwise caring for any animal and HB 2215/SB 1036 adding cockfighting or other animal-fighting crimes to the list of racketeering crimes.

HB 2242 Commercial Dog Breeders and Pet Dealers is another HSUS priority bill. Sponsors: Representatives Kavanagh, Sherwood, Ugenti, Coleman, Forese, Lovas, Pratt, Shope; Senators Reagan, McComish, Melvin, Meza. HB 2242 adds definition of commercial dog breeder to Pet Lemon Law Statute 44-1799. Commercial dog breeder defined as a person that sells twenty or more dogs in a calendar year but does not include commercial livestock operations. The bill adds commercial breeder to the definition of pet dealer and also requires a veterinary examination of all female dogs owned before breeding. Commercial breeders would then be subject to provisions of the Pet Lemon Law including record keeping, purchaser remedies, and civil penalties. STATUS: Passed House Agriculture and Water Committee 8-0; passed House second read 1/23/14. Placed on Consent Calendar 2/10/14. Calls in opposition are urgently needed now.

HB 2302 Public Sale of Animals Sponsors: Representatives Frank Pratt (R, 8), T J Shope (R, 8).

Revises statutes making public sale of animals unlawful on any public highway, street or park or any public property adjacent to a public highway, street or park, or any commercial private property without the express consent of the owner or lessee of the property. Status: 1/22/14 PASSED Agriculture and Water 8-0. Placed on Consent Calendar 2/10/14. It is common practice for dog breeders and sportsmen to meet at mutually convenient locations in order to buy or sell a dog. HB 2302 would make this illegal. Now that the APHIS pet rule demands sales for most breeders be transacted in person, it is more important than ever to stop bills that place prohibitions on where sales can take place.   

Contact info for Arizona House Members: http://tinyurl.com/y746ffv

ILLINOIS

HB 4188 Animal Abuse Registry. Sponsor Maria Antonia Berrios (D-39) creates the Animal Abuse Registry Fund; amends the Humane Care for Animals Act. Provides that the Department of Agriculture shall create and maintain an animal abuse registry. Failure to register is a Class B misdemeanor for a first offense and a Class 4 felony for a subsequent violation. Prohibits a registered person from owning a companion animal or being employed at an animal shelter, pound, pet shop, zoo, or other business where companion animals are present. See SAOVA page opposing Animal Abuser Registry Campaign http://saova.org/ALDF_AbuserRegistry.html 

Animal abuse cases comprise less than 1% of all convictions in the State of Illinois. At this time, the small percentage of convictions does not warrant the large expenditure of funds required to set up and maintain a registry.  See SAOVA’s opposition letter http://tinyurl.com/q4lp27n

HEARING SCHEDULED. Agriculture & Conservation Committee Feb 18 2014 2:00PM Stratton Building Room D-1 Springfield, IL. 

Call committee members and OPPOSE the registry.

Patrick J. Verschoore (217) 782-5970

Jerry F. Costello, II  (217) 782-1018

Donald L. Moffitt  (217) 782-8032

Kelly Burke  (217) 782-0515

John D. Cavaletto  (217) 782-0066

Katherine Cloonen  (217) 782-5981

Marcus C. Evans, Jr.  (217) 782-8272

Brad E. Halbrook  (217) 558-1040

Josh Harms  (217) 558-1039

Stephanie A. Kifowit  (217) 782-8028

Frank J. Mautino  (217) 782-0140

Charles E. Meier  (217) 782-6401

Christian L. Mitchell  (217) 782-2023

Raymond Poe  (217) 782-0044

Wayne Rosenthal  (217) 782-8071

Sue Scherer  (217) 524-0353

Brian W. Stewart  (217) 782-8186

VIRGINIA

SB42 Penning of fox or coyote; penalty. Summary as passed by Senate: Makes it a Class 1 misdemeanor for any person to erect or maintain an enclosure for the purpose of pursuing, hunting, or killing or attempting to pursue, hunt, or kill a fox or coyote with dogs. The bill exempts from the prohibition any enclosure operated by a person holding a permit initially issued prior to January 1, 2014. The bill has been assigned to House Subcommittee on Natural Resources http://tinyurl.com/mmh8eg9

There are nearly 40 pens in rural parts of Virginia. Penning is NOT a blood sport as HSUS claims; the pens are a good way to train dogs while keeping them out of roads and off property of others.  Sportsmen should continue to oppose SB42.

WEST VIRGINIA

HB 4218 Permitting counties to adopt certain ordinances relating to dogs and cats; introduced and referred to House Political Subdivisions 01/17/14.  Sponsor Rep. Marty Gearheart (R-27); Cosponsors  Shott, Ellington, Border, Sponaugle, Fleischauer, Manypenny, Evans, A., Westfall, Campbell, Romine. Bill summary: the Legislature finds that it may be in the best interest of the public to protect the health and safety of the individuals as well as the health and safety of animals owned by residents of a county by reducing the number of dogs and cats that are stray or abandoned. HB 4218 confers authority to counties to enact ordinances requiring various restraints and control of dogs owned or in the custody and control of persons in the county. The bill allows county commissions to adopt an ordinance upon approval by referendum.

An ordinance may:

Prohibit persons from keeping a dog on a leash and tied to the ground or structure;

Prohibit persons from confining a dog to a pen, run or cage or leave a dog in a vehicle without adequate protection;

Prohibit persons from leaving a dog confined without providing adequate food or water to safely sustain the dog at all times.

Limit the number of animals owned that are not spayed or neutered;
Provide penalties for violations and authorize humane officers to take possession of any dog or cat that is not properly spayed or neutered or adequately restrained or controlled as required by the ordinance.

HB 4218 is a roadmap for bad local legislation and ownership restrictions.  Contact information for House Political Subdivisions Committee: http://tinyurl.com/mchketq