Legislation Briefs June 5, 2013

Dear SAOVA Friends,

The IRS scandal continues to unfold in Washington with Congressional hearings underway and now investigation by the FBI into IRS actions and targeting of certain nonprofits. Discovery that the Director of the IRS division implicated in using the improper targeting, Lois Lerner, is an active member of HSUS raised questions whether she used her position to run interference for HSUS.

Rep. Blaine Luetkemeyer (R-MO) wrote a letter to Lerner the year before asking that HSUS’s political spending be scrutinized. Lerner took no action. In response, Rep. Luetkemeyer wrote another letter to the Treasury Secretary and the Inspector General for Tax Administration renewing his call for an investigation of HSUS.

In his weekly column, Luetkemeyer writes, “Three years ago, a number of constituents brought to my attention their concerns that the Humane Society of the United States (HSUS) was involved in political and lobbying activities that were in direct violation of its 501(c)3 tax-except status that prohibits such activities. To be clear, HSUS is not affiliated with your local animal shelter. In fact, only 1 percent of the money HSUS raises makes its way to animal shelters at all. Instead, it spends millions of dollars on lobbying, ballot initiatives, and other political activities.  For three years, and after providing the Internal Revenue Service (IRS) with more than 3,000 pages of documents exposing HSUS’ activities and calling for an investigation, the agency told me they could not discuss ongoing investigations and were also unable to confirm or deny whether or not an investigation was underway.”

Luetkemeyer continues, “This is the worst kind of government abuse that I have ever encountered in my more than two decades in public service and I am determined to get to the bottom of things on behalf of those folks who came to me three years ago with these allegations.”  http://luetkemeyer.house.gov

Please write to your own Congressman and ask why the IRS has ignored the repeated requests of Congressman Luetkemeyer to act upon the allegations that the HSUS was involved in political and lobbying activities that were in direct violation of its 501(c)3 tax-except status that prohibits such activities. A thorough investigation is needed to resolve this issue and to restore the faith and trust in our government.

The world not only belongs to those who show up, it's controlled by the best informed and most motivated.  Thanks for reading.

Cross posting is encouraged.

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

CENTER FOR ANIMAL LAW STUDIES (CALS)
CALS announced as part of its summer 2013 program a two credit course, Animal Law: Policy Influences through Legislation, Lobbying, Litigation taught by Nancy Perry, National Center for Animal Law Board Member.  Perry is also the VP of Government Affairs at HSUS. She oversees federal and state legislative campaigns, litigation, regulatory affairs, and grassroots activities. Previously, as the grassroots coordinator, she spearheaded state animal protection ballot initiatives and coordinated litigation strategies.   The class will be held at the ASPCA offices in Washington DC.   The course will survey the legislative and regulatory process for contemporary issues, and the role of lobbying and litigation as tactics to protect animals at the local, state, and national level. The course will address a wide variety of topics: legislative drafting; lobbying strategies; federal, state and local legislative approaches; application and enforcement of federal statutes such as the Animal Welfare Act, the Humane Slaughter Act, the Horse Protection Act, the Endangered Species Act, the Marine Mammal Protection Act, the Migratory Bird Treaty Act, and the Wild Horses and Burros Act;  state laws and citizen initiatives concerning anti-cruelty, hunting, trapping, animal fighting, performing animals, and farm animals; consumer protection actions. The goal of this course is to expose students to the daily forums, procedures and unique challenges for animal law practitioners in the nation’s capital, to reinforce critical concepts for informed advocacy and give students hands on experience to prepare them to engage in the political, legislative and litigation work for animals.

2012 HUMANE LEGISLATOR OF THE YEAR
May, 2013.  Former US Senator Scott Brown (R-MA) took top honors from HSUS/HSLF as the 2012 Humane Legislator of the Year.  Brown was honored for:

• Co-leading efforts to remove a polar bear trophy import provision from the Sportsmen's Act of 2012 which would have allowed importation of polar bear trophies taken in Canadian sport hunts before the polar bear was listed on the Endangered Species Act;
• Original cosponsorship of the Egg Products Inspection Act to set federal government regulated standards for housing and raising egg-laying hens;
• Cosponsorship of the American Horse Slaughter Prevention Act to ban the slaughter of horses for human consumption;
• Cosponsoring the PUPS Act, S. 707, to license and federally regulate retail sellers of dogs;
• And for sending a letter to USDA urging the agency to expedite its Proposed Retail Pet Sellers Rule.

In February Fox News Channel hired Brown as a contributor, stating that Brown’s dedication to out-of-the box thinking on key issues made him an important voice in the country.

2014 BALLOT MEASURES
Arkansas Ballot Measure Signature Requirements Amendment would require ballot issue groups to collect at least 75% of the valid signatures required in order to receive additional time to gather extra signatures once the petition has been turned in to the Secretary of State.

Michigan Wolf Hunting Referendum would overturn Public Act 520, a law that allows the state to establish wolf hunting seasons in the Upper Peninsula.  On May 8 Governor Rick Snyder signed into law SB 288 which gives the Natural Resource Commission the authority to declare game animals and establish seasons without the need for action by the legislature. The law essentially renders the 2014 ballot referendum meaningless.

Missouri Right-to-Farm Amendment would add a section to the state constitution that explicitly guarantees farmers and ranchers the right to engage in their livelihoods and produce food for others.

OHIO EXOTIC ANIMAL OWNERS APPEAL
COLUMBUS, Ohio (AP) — Some owners of exotic animals say a new Ohio law is onerous and infringes on their constitutional rights, and they've asked a federal appeals court to strike it down. Under the new law, owners who want to keep their animals must obtain new state-issued permits by Jan. 1, 2014. They must pass background checks, pay fees, obtain liability insurance or surety bonds and show inspectors they can properly contain the animals and care for them. The law exempts sanctuaries, research institutions and facilities accredited by the two national zoo groups. Attorney Robert Owens says in the brief filed with the 6th U.S. District Court of Appeals in Cincinnati that the only way for his clients to qualify for an exemption under the law is for them to join either the Association of Zoos and Aquariums or the Zoological Association of America — groups he says are at odds with his clients.

JASON SMITH WINS MISSOURI SPECIAL ELECTION
State Rep. Jason Smith (R) easily won Missouri’s heavily conservative 8th district special election yesterday.  Smith, the state House speaker pro tem replaces Jo Ann Emerson who resigned earlier this year to work in the private sector.  Smith, age 32, will become one of the youngest members of Congress.  In 2009 Smith received a Legislative Leader Award from SAOVA.

Spay Neuter HSUS Campaign Update

A message from Lobbyist, Frank Losey.

BEHIND THE MASK OF DECEPTION WORN BY THE HUMANE SOCIETY OF THE UNITED STATED (HSUS)

• Eight Members of Congress have requested the Inspector General of the Department of the Treasury to investigate "HSUS's apparent improper activities and its tax exempt status." By letter dated April 18, 2011, six of these eight Members of Congress also asked the Treasury's Inspector General to "investigate IRS's potential failure to conduct a proper investigation pursuant to Congressman Leutkemeyer's March 23, 2010 letter." The eight Members of Congress include Senator Lugar and Representative Visclosky from Indiana, Representative Young from Alaska, and Representatives Emerson, Hartzler, Long, Leutkemeyer and Graves from Missouri.

• The Treasury's Inspector General for Tax Administration, by letter dated August 24, 2011, informed Senator Lugar from Indiana that his Office "recently initiated an audit to determine whether the IRS's Exempt Organizations function is accurately accounting for referrals of alleged violations of Federal tax law, acknowledging receipt to submitters, and tracking and monitoring the time frames for working referrals."

• During 2010 more than 6,000 concerned, tax-paying citizens from all 50 States wrote to the IRS and requested the IRS to investigate the excessive, prohibited, non-reported and under-reported lobbying activities of the U.S., which are the subject of 17 Formal Submissions to the IRS that are substantiated by 1,628 pages of incriminating and self incriminating documents. These documents include:

1. Extracts from HSUS Tax Returns that literally "brag" about all of its lobbying activities while claiming on other sections of its Tax Returns that none of its paid staff or volunteers lobby;

2. Claims by the President and CEO of the HSUS that he and the HSUS are responsible for the passage of 1,000 laws - - some of the claims are recorded on CDs furnished to the IRS;

3. Federal Election Commission Documents that reference nearly 3,000 pages of lobbying related documents that were generated by three subsidiary organizations and PACs of the HSUS which confirm that Millions of Dollars have been contributed to Hundreds of Federal Election Campaigns, and these expenditures do not include the Millions of Dollars expended by the HSUS at the State Level where it claims to be responsible for the passage of more than 525 State Statutes and Ballot Initiatives; and

4. The failure to report any receipt of Membership Dues for the last five years, which could amount to more than $500 Million.

• The Treasury's Inspector General has received a Documented Complaint that one or more IRS Employees has been improperly "leaking" portions of the above referenced 17 Submissions to the IRS to the HSUS.

• The Office of the U.S. Attorney for the District of Columbia has received a Documented Complaint that the HSUS and Members of its Senior Leadership are in violation of the Lobbying Disclosure Act of 1995 because they have never registered as a Lobbying Organization or as Lobbyists with the two Houses of Congress, notwithstanding 1,000s of direct "lobbying contacts" for the purpose of influencing legislation. In contrast, the President and CEO of the HSUS is a Registered Lobbyist in MO.

NOTE: If the HSUS and its Senior Leadership had registered with both Houses of Congress, the HSUS would be admitting that it has done excessive lobbying, which in turn, could result in the IRS rescinding its tax-exempt, public charity status, and the HSUS could become subject to the IRS assessing Tens of Millions of Dollars in back taxes, penalties and interest.

• The Parent Company of the Ringling Brothers Circus has filed a Lawsuit against the HSUS, and alleged the following violations: Racketeer Influenced Corrupt Organizations (RICO) Act; Money Laundering; Bribery; Obstruction of Justice; Mail Fraud; Wire Fraud; Illegal Witness Payments; Virginia Conspiracy Act; Conspiracy to Harm a Business; Abuse of Process; Malicious Prosecution; and a Fundraiser Held in Furtherance of the Schemes.

WUNDERLICH: Congress pushes for probe of HSUS

Follow the Spay and Neuter HSUS Campaign on the SAOVA website. View the joint Congressional letter to IRS and find contact information for the Office of the Inspector General (OIG) in order to send your own request that IRS speed up the HSUS investigation.

Posted: Sunday, May 15, 2011 7:00 am Argus-Press

WUNDERLICH: Congress pushes for probe of HSUS Glen Wunderlich The Argus-Press 4 comments

The Humane Society of the United States (HSUS) – a national, tax-exempt organization not affiliated with local animal shelters and the most powerful anti-hunting group in the nation – has drawn fire from a group of lawmakers who question its status as a qualified 501 (c)(3) organization.

HSUS supported a ballot initiative in Missouri (Proposition B) by pouring in some $1.85 million (plus another $300,000 in non-cash contributions) into its Missouri front group’s bank account.

The measure passed by a slim three-point margin and sets regulations for the state’s dog breedersm including how many dogs are allowed per facility. At the root of the issue is whether the HSUS attempted to influence legislation as a “substantial part” of its activities.

In a letter to Inspector General Eric Thorson in Washington, D.C., six members of Congress from Missouri and Alaska — Don Young (R-Alaska), Vicky Hartzer (R-Missouri), Blaine Luetkemeyer

(R-Missouri), Jo Ann Emerson (R-Missouri), Sam Graves (R-Missouri), and Billy Long (R-Missouri) — have requested a federal investigation into the level of funding and participation of HSUS in Missouri’s affairs.

The letter follows previous letters to IRS Commissioner Douglas Shulman and Director of Exempt Organizations Lois Lerner that have resulted in no remedial action.

The members of Congress state the case this way, “We believe that HSUS’s own public documents show beyond question that lobbying is a ‘substantial part’ of its activities, and feel that IRS’s failure to act is attributable to the politically-sensitive nature of HSUS’s activities.”

“We certainly understand that 501 (c)(3) organizations are allowed to participate in lobbying activities. However, lobbying not only is a substantial part of HSUS’s overall activities; it often appears to be the only reason for HSUS’s existence.”

By its own admission, HSUS spends more than twice as much on “Advocacy and public policy” than any other category of expenses. The Proposition B ballot initiative was heavily financed by HSUS. Campaign disclosure forms show that HSUS donated more than $2.1 million of the $4.8 million raised by proponents of the measure.

The lawmakers also cite other efforts in numerous examples of HSUS to influence legislation by having its employees urging the public to contact members of legislative bodies for the purpose of proposing, supporting, or opposing legislation.

As part of the investigation, the legislators are requesting the IRS to apply what it calls the “Substantial Part Test” to determine whether an organization has run afoul of conditions of its tax-exempt status.

According to IRS.gov, the test is conducted as follows: “Whether an organization’s attempts to influence legislation, i.e., lobbying, constitutes a substantial part of its overall activities is determined on the basis of all the pertinent facts and circumstances in each case. The IRS considers a variety of factors, including the time devoted (by both compensated and volunteer workers) and the expenditures devoted by the organization to the activity, when determining whether the lobbying activity is substantial.”

“No group should be allowed to maintain tax-exempt status solely due to its political leanings or power. If HSUS is not complying with the law, it should be investigated and disciplined just like any other organization, as taxpayers would be effectively subsidizing a political organization.”

Amen.

EDITOR’S NOTE: Glen Wunderlich is an outdoors writer for The Argus-Press. He can be reached by sending email to glenway@tds.net.

Six members of Congress join the call for IRS action investigating HSUS

From Lobbyist, Frank Losey:
THE SPEED OF THE IRS INVESTIGATION OF THE HSUS MAY BEGIN TO MOVE MORE QUICKLY!

A “Congressional Cavalry” of Six Members of Congress has now formally asked the Inspector General of the Department of the Treasury (IG) to “re-evaluate the tax-exempt status of the HSUS under the applicable legal standard” and to “investigate IRS’s potential failure to conduct a proper investigation.” These requests were included in the signed Joint Letter that was dated April 18, 2011.

The Six Members of Congress who signed the Joint Letter included Congresswomen Vicky Hartzler and Jo Ann Emerson from Missouri, Congressmen Blaine Luetkemeyer, Sam Graves and Billy Long from Missouri, and Congressman Don Young from Alaska. Significantly, Congressman Young issued a Press Release dated March 30, 2011 in which he refused to accept an Award from the HSUS, and went on to say: “HSUS are hypocrites, plain and simple, and I will not join them by accepting this award.”

In addition to attaching to the Joint Letter illustrative examples of documentation that showed the magnitude of the excessive lobbying by the HSUS, the Joint Letter also contained the two following, riveting quotes: “We believe that HSUS’s own public documents show beyond question that lobbying is a ‘substantial part’ of its activities, and feel that IRS’s failure to act is attributable to the politically sensitive nature of HSUS’s activities. Due to this, we write to request investigations by the Inspector General into HSUS’s apparent improper activities and its tax exempt status.” . . . “If the HSUS is not complying with the law, it should be investigated and disciplined just like any other organization, as taxpayers would be effectively subsidizing a political organization.” Not only is this letter “HUGE,” but it could “breed” supplemental letters being sent to the Treasury’s IG from other Members of Congress. The pressure on the IRS to investigate the HSUS has never been greater!!

When the Treasury’s IG is briefed by his Senior Staff about the April 18th Congressional Joint Letter - - SUCH BRIEFINGS OCCUR WHEN A JOINT CONGRESSIONAL LETTER IS RECEIVED - - and learns that several thousand concerned citizens have also contacted the OIG Hotline Office by email or Phone, the room temperature will rise in the Treasury’s IG Office!! And this BRIEFING is an additional reason for another wave of emails and Phone Calls to the OIG HOTLINE OFFICE to occur within the NEXT 30 DAYS. Even if you have already sent an email or Called, do it again. And encourage those who have not done so to email or Call. NUMBERS DO MATTER, especially when such a high level Senior Official in the Treasury Department begins asking hard questions and is briefed on the fact that the HSUS may have under-reported its revenue by over $500 Million; that over 6,000 tax-payers from all 50 States asked the IRS to investigate the HSUS; that a new wave of emails and Calls is being received by the OIG HOTLINE OFFICE; that the HSUS claims credit for the passage of over 550 Federal and State Statutes; and that the IRS assigned a Tax Fraud Case File Number (29-92012) to the HSUS in November 2008 -- 29 months ago!

EMAIL ADDRESS for OIG: Complaints@tigta.treas.gov (Subject: OIG Case File 55-1005-0025-C); OIG HOTLINE PHONE: 1-800-366-4484 (Press 5)

Suggested Short Message: “Would you please do what Six Members of Congress asked the Inspector General to do in their Joint Letter dated April 18th.”

Each Email or Call will make a difference!