Post by John Yates on May 18, 2009 17:12:28 GMT -5
High Drama Faces Texas Dog Owners
by JOHN YATES
American Sporting Dog Alliance
www.americansportingdogalliance.org
asda@conline.net
This article is archived at:
AUSTIN, TX – Legislation severely regulating the breeding of dogs in Texas is racing through the Senate faster than a Texas twister, with at least as much turbulence.
For dog owners facing the threat of animal rights legislation, the past week was nothing less than high drama, and this week promises more of the same. One way or another, the roller coaster for dog owners will be over in 10 days, and the pressure has been turned on high before that deadline passes.
It is urgent that Texas dog owners take immediate action on two pieces of legislation that are at critical stages tomorrow (Tuesday, May 19, 2009):
· The Senate Criminal Justice Committee has scheduled a hearing on House Bill 3180 for tomorrow at 1:30 p.m. in hearing room E1.016. Sen. John Whitmire of Houston, who introduced identical legislation in the Senate, chairs the committee. This repressive bill passed the House by a 119-30 margin, with one abstention. If it passes a committee vote, it will face the full House.
· And animal rights group supporters played a dirty political trick by inserting kennel legislation into an unrelated business licensing bill for barbers, which was hijacked in the Senate. The rules were suspended and the vote came in the middle of the night - with no notice, no public hearing and no chance for debate. This measure, HB 2310, already passed the house, but the Senate amendments now must receive House concurrence. The head of the conference committee, Rep. Ed Kuempel of Sequin, vowed to kill the animal rights amendment. However, Kuempel collapsed of an apparent heart attack this week and remains in critical condition. Thus, the current status of the conference committee’s position on the legislation is not known.
· The third bill appears to be in limbo at present.
The situation in Texas is confusing, even to seasoned observers. In short, there are three pieces of legislation that would have a serious negative impact on hobby breeders, and the legislative session expires in 10 days. If the bills are not passed in 10 days, they will die in committee. If they do pass, the will be sent to Gov. Rick Perry to sign into law or veto.
There will be action tomorrow on HB 3180 in the Senate Criminal Justice Committee, and action could occur at any moment on HB 2310.
Thus, the American Sporting Dog Alliance is urging all Texas dog owners to act immediately to urge the defeat of this onerous legislation in the Senate. If you fail to act, the future of dog ownership in Texas may be doomed.
We work closely with Responsible Pet Owners Alliance of Texas, and urge dog owners to also support this fine organization, which has been fighting hard to defend your rights against this year’s unprecedented threats.
Here is what HB 3180 calls for:
· The original bill defined everyone who owns 11 or more female dogs that are intact a commercial breeder, subject to intense regulation. Rep. Kuempel succeeded in expanding this to 11 or more females that produce 20 or more litters per year. However, we continue to oppose any numerical limits to dog ownership, as commercial kennels already are heavily regulated on the federal level, and other kennels already are subject to stringent animal cruelty and neglect laws in Texas.
· The possession of more than 50 intact females would be prohibited. We oppose numerical limits because the number of dogs has nothing to do with the quality of their care, and is an unwarranted intrusion on personal property rights.
· It allows counties and municipalities to impose more strict regulations. We oppose this because it would create chaos and is an unreasonable restriction on business that has no purpose.
· The state would establish a list of qualifications for a kennel owner, who also would be subjected to a criminal background check. Applicants for licenses would have to receive state-approved training as well. We oppose this provision because it is an unwarranted intrusion on the right to privacy that has nothing to do with the quality of care given to dogs. Moreover, state agencies lack the competence, experience and knowledge to set reasonable standards and qualifications for kennel ownership, or to conduct training. Kennel owners already are the experts in these matters.
· Annual inspections would be required, and more frequent inspections are allowed. This is an unnecessary intrusion on kennels that already are inspected by a team of federal officials at least once a year. In addition, inspections could be conducted by state employees, animal control officers, law enforcement officers and a new category called “registered breeder inspectors,” which is ambiguously defined in the legislation. Thus, any kennel could be literally harassed by many inspections every year, and we are deeply concerned that “registered breeder inspectors” will be contracted Humane Society employees who may have close ties to radical animal rights groups whose agenda is to drive kennels out of business. License holders and applicants would have to pay for the cost of these inspections. Licensees’ homes also would be open to inspection.
· The state would be empowered to require insurance, and there is no legislative oversight for the amount and kind of insurance required. Thus, the state could impose impossible or prohibitive requirements.
· An advisory committee would be established to create additional regulations and enforcement standards. Membership in this committee would allow or encourage dominance by animal rights radicals who despise dog owners and lack competence and expertise. There would be no legislative oversight of this powerful regulatory authority, which literally would be given a blank check.
· Each kennel owner would be required to keep extensive paperwork on the kennel and each animal. Also, many regulations about standards of care and housing are very ambiguous and open to subjective interpretation by enforcement officers, judges and animal rights extremists.
· License holders and applicants would be denied the constitutional right of appeal to the courts for any license denial, revocation or suspension, or for possibly severe financial penalties imposed for even minor or purely technical violations. High civil penalties (these are not fines, but require a licensee to pay a high financial penalty that would be cumulative and have the strong potential to destroy a family financially) also are imposed. For example, if a kennel has 30 dogs, the lack of one piece of required paperwork would call for 30 different financial civil penalties for every day of violation – up to 900 penalties a month for one missing form!
· A “lemon law” is included to make the breeder reimburse a dissatisfied buyer for the cost of a puppy and costs of medical care. The original bill set no limits on reimbursement, but an approved House amendment by Rep. Kuempel limits this to three times the price of the puppy. However, the bill still contains no protection for the breeder against unreasonable allegations and fraud by the purchaser or a veterinarian.
· And Humane Societies and animal shelters are exempted from any provision of the bill, even though they transfer ownership of thousands of dogs a year. However, rescue groups are included and may be regulated as commercial kennels.
Here is a link to the actual text of the legislation: www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03180E.pdf
The American Sporting Dog Alliance urges all Texas dog owners to immediately contact members of the Senate Criminal Justice Committee prior to tomorrow’s meeting, and express strong opposition and a summary of your reasons for opposing HB 3180.
Here is a link to the members of the committee: www.legis.state.tx.us/Committees/Membership.aspx .
Position Member
Chair: Sen. John Whitmire (companion bill sponsor)
Vice Chair: Sen. Kel Seliger
Members: Sen. John Carona
Sen. Rodney Ellis
Sen. Glenn Hegar
Sen. Juan Hinojosa
Sen. Dan Patrick
To get full contact information, click on each name, then click to get to their home pages. There will be an email form on each home page, but we strongly suggest phone calls and faxes before the hearing.
Also, please contact your own senator and ask her or him to oppose HB 3180 if it passes the committee and is sent to the full Senate. Here is a list of all senators: www.legis.state.tx.us/Members/Members.aspx?Chamber=S . Click on the name of your senator, and then click again on his or her homepage to get contact information.
The “Other” Breeding Bill
Sen. Whitmire, the chairman of the above Criminal Justice Committee and sponsor of an identical breeding bill, took his campaign to place severe restrictions on kennels a step farther last week.
Whitmire essentially hijacked an unrelated House bill about licensing barbers (HB 2310, sponsored by Rep. Kuempel) and attached about two-thirds of his kennel bill to it as an amendment.
Then, Whitmire convinced the Senate leadership to suspend the rules, brought the bill up for a vote in the middle of the night, got it passed by the Senate and sent it back to the House for concurrence. The House already had passed the part about barbers.
Whitmire’s amendment restores the 11-dog definition of a commercial kennel, and does not include the amendment limiting the amount of compensation to a dissatisfied puppy buyer.
HB 2310 was sent back to the House for concurrence. However, the House Conference Committee, chaired by Rep. Kuempel, refused to accept the amendment. Then, Kuempel collapsed and was rushed to the hospital.
A new conference committee was appointed. Its members are Reps. Geren (Chair), Gutierrez, Hamilton, Jones and Menendez. Senate conferees have not been announced.
The American Sporting Dog Alliance is urging all Texas dog owners to contact their own representative and also the members of the Conference Committee. Please ask them to refuse to accept the Senate amendment about kennels. Here is a link: www.legis.state.tx.us/Members/Members.aspx?Chamber=H . Click on a name, and then click again to open each legislator’s homepage for contact information.
The American Sporting Dog Alliance represents owners, breeders and professionals who work with breeds of dogs that are used for hunting. We also welcome people who work with other breeds, as legislative issues affect all of us. We are a grassroots movement working to protect the rights of dog owners, and to assure that the traditional relationships between dogs and humans maintains its rightful place in American society and life. The American Sporting Dog Alliance also needs your help so that we can continue to work to protect the rights of dog owners. Your membership, participation and support are truly essential to the success of our mission. We are funded solely by your donations in order to maintain strict independence.
Please visit us on the web at www.americansportingdogalliance.org . Our email is asda@csonline.net .
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS
by JOHN YATES
American Sporting Dog Alliance
www.americansportingdogalliance.org
asda@conline.net
This article is archived at:
AUSTIN, TX – Legislation severely regulating the breeding of dogs in Texas is racing through the Senate faster than a Texas twister, with at least as much turbulence.
For dog owners facing the threat of animal rights legislation, the past week was nothing less than high drama, and this week promises more of the same. One way or another, the roller coaster for dog owners will be over in 10 days, and the pressure has been turned on high before that deadline passes.
It is urgent that Texas dog owners take immediate action on two pieces of legislation that are at critical stages tomorrow (Tuesday, May 19, 2009):
· The Senate Criminal Justice Committee has scheduled a hearing on House Bill 3180 for tomorrow at 1:30 p.m. in hearing room E1.016. Sen. John Whitmire of Houston, who introduced identical legislation in the Senate, chairs the committee. This repressive bill passed the House by a 119-30 margin, with one abstention. If it passes a committee vote, it will face the full House.
· And animal rights group supporters played a dirty political trick by inserting kennel legislation into an unrelated business licensing bill for barbers, which was hijacked in the Senate. The rules were suspended and the vote came in the middle of the night - with no notice, no public hearing and no chance for debate. This measure, HB 2310, already passed the house, but the Senate amendments now must receive House concurrence. The head of the conference committee, Rep. Ed Kuempel of Sequin, vowed to kill the animal rights amendment. However, Kuempel collapsed of an apparent heart attack this week and remains in critical condition. Thus, the current status of the conference committee’s position on the legislation is not known.
· The third bill appears to be in limbo at present.
The situation in Texas is confusing, even to seasoned observers. In short, there are three pieces of legislation that would have a serious negative impact on hobby breeders, and the legislative session expires in 10 days. If the bills are not passed in 10 days, they will die in committee. If they do pass, the will be sent to Gov. Rick Perry to sign into law or veto.
There will be action tomorrow on HB 3180 in the Senate Criminal Justice Committee, and action could occur at any moment on HB 2310.
Thus, the American Sporting Dog Alliance is urging all Texas dog owners to act immediately to urge the defeat of this onerous legislation in the Senate. If you fail to act, the future of dog ownership in Texas may be doomed.
We work closely with Responsible Pet Owners Alliance of Texas, and urge dog owners to also support this fine organization, which has been fighting hard to defend your rights against this year’s unprecedented threats.
Here is what HB 3180 calls for:
· The original bill defined everyone who owns 11 or more female dogs that are intact a commercial breeder, subject to intense regulation. Rep. Kuempel succeeded in expanding this to 11 or more females that produce 20 or more litters per year. However, we continue to oppose any numerical limits to dog ownership, as commercial kennels already are heavily regulated on the federal level, and other kennels already are subject to stringent animal cruelty and neglect laws in Texas.
· The possession of more than 50 intact females would be prohibited. We oppose numerical limits because the number of dogs has nothing to do with the quality of their care, and is an unwarranted intrusion on personal property rights.
· It allows counties and municipalities to impose more strict regulations. We oppose this because it would create chaos and is an unreasonable restriction on business that has no purpose.
· The state would establish a list of qualifications for a kennel owner, who also would be subjected to a criminal background check. Applicants for licenses would have to receive state-approved training as well. We oppose this provision because it is an unwarranted intrusion on the right to privacy that has nothing to do with the quality of care given to dogs. Moreover, state agencies lack the competence, experience and knowledge to set reasonable standards and qualifications for kennel ownership, or to conduct training. Kennel owners already are the experts in these matters.
· Annual inspections would be required, and more frequent inspections are allowed. This is an unnecessary intrusion on kennels that already are inspected by a team of federal officials at least once a year. In addition, inspections could be conducted by state employees, animal control officers, law enforcement officers and a new category called “registered breeder inspectors,” which is ambiguously defined in the legislation. Thus, any kennel could be literally harassed by many inspections every year, and we are deeply concerned that “registered breeder inspectors” will be contracted Humane Society employees who may have close ties to radical animal rights groups whose agenda is to drive kennels out of business. License holders and applicants would have to pay for the cost of these inspections. Licensees’ homes also would be open to inspection.
· The state would be empowered to require insurance, and there is no legislative oversight for the amount and kind of insurance required. Thus, the state could impose impossible or prohibitive requirements.
· An advisory committee would be established to create additional regulations and enforcement standards. Membership in this committee would allow or encourage dominance by animal rights radicals who despise dog owners and lack competence and expertise. There would be no legislative oversight of this powerful regulatory authority, which literally would be given a blank check.
· Each kennel owner would be required to keep extensive paperwork on the kennel and each animal. Also, many regulations about standards of care and housing are very ambiguous and open to subjective interpretation by enforcement officers, judges and animal rights extremists.
· License holders and applicants would be denied the constitutional right of appeal to the courts for any license denial, revocation or suspension, or for possibly severe financial penalties imposed for even minor or purely technical violations. High civil penalties (these are not fines, but require a licensee to pay a high financial penalty that would be cumulative and have the strong potential to destroy a family financially) also are imposed. For example, if a kennel has 30 dogs, the lack of one piece of required paperwork would call for 30 different financial civil penalties for every day of violation – up to 900 penalties a month for one missing form!
· A “lemon law” is included to make the breeder reimburse a dissatisfied buyer for the cost of a puppy and costs of medical care. The original bill set no limits on reimbursement, but an approved House amendment by Rep. Kuempel limits this to three times the price of the puppy. However, the bill still contains no protection for the breeder against unreasonable allegations and fraud by the purchaser or a veterinarian.
· And Humane Societies and animal shelters are exempted from any provision of the bill, even though they transfer ownership of thousands of dogs a year. However, rescue groups are included and may be regulated as commercial kennels.
Here is a link to the actual text of the legislation: www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03180E.pdf
The American Sporting Dog Alliance urges all Texas dog owners to immediately contact members of the Senate Criminal Justice Committee prior to tomorrow’s meeting, and express strong opposition and a summary of your reasons for opposing HB 3180.
Here is a link to the members of the committee: www.legis.state.tx.us/Committees/Membership.aspx .
Position Member
Chair: Sen. John Whitmire (companion bill sponsor)
Vice Chair: Sen. Kel Seliger
Members: Sen. John Carona
Sen. Rodney Ellis
Sen. Glenn Hegar
Sen. Juan Hinojosa
Sen. Dan Patrick
To get full contact information, click on each name, then click to get to their home pages. There will be an email form on each home page, but we strongly suggest phone calls and faxes before the hearing.
Also, please contact your own senator and ask her or him to oppose HB 3180 if it passes the committee and is sent to the full Senate. Here is a list of all senators: www.legis.state.tx.us/Members/Members.aspx?Chamber=S . Click on the name of your senator, and then click again on his or her homepage to get contact information.
The “Other” Breeding Bill
Sen. Whitmire, the chairman of the above Criminal Justice Committee and sponsor of an identical breeding bill, took his campaign to place severe restrictions on kennels a step farther last week.
Whitmire essentially hijacked an unrelated House bill about licensing barbers (HB 2310, sponsored by Rep. Kuempel) and attached about two-thirds of his kennel bill to it as an amendment.
Then, Whitmire convinced the Senate leadership to suspend the rules, brought the bill up for a vote in the middle of the night, got it passed by the Senate and sent it back to the House for concurrence. The House already had passed the part about barbers.
Whitmire’s amendment restores the 11-dog definition of a commercial kennel, and does not include the amendment limiting the amount of compensation to a dissatisfied puppy buyer.
HB 2310 was sent back to the House for concurrence. However, the House Conference Committee, chaired by Rep. Kuempel, refused to accept the amendment. Then, Kuempel collapsed and was rushed to the hospital.
A new conference committee was appointed. Its members are Reps. Geren (Chair), Gutierrez, Hamilton, Jones and Menendez. Senate conferees have not been announced.
The American Sporting Dog Alliance is urging all Texas dog owners to contact their own representative and also the members of the Conference Committee. Please ask them to refuse to accept the Senate amendment about kennels. Here is a link: www.legis.state.tx.us/Members/Members.aspx?Chamber=H . Click on a name, and then click again to open each legislator’s homepage for contact information.
The American Sporting Dog Alliance represents owners, breeders and professionals who work with breeds of dogs that are used for hunting. We also welcome people who work with other breeds, as legislative issues affect all of us. We are a grassroots movement working to protect the rights of dog owners, and to assure that the traditional relationships between dogs and humans maintains its rightful place in American society and life. The American Sporting Dog Alliance also needs your help so that we can continue to work to protect the rights of dog owners. Your membership, participation and support are truly essential to the success of our mission. We are funded solely by your donations in order to maintain strict independence.
Please visit us on the web at www.americansportingdogalliance.org . Our email is asda@csonline.net .
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS