Posts Tagged ‘Tennessee’

Source: TN Newsroom

“I am going to veto the legislation”

Gov Bill HaslamNASHVILLE – Tennessee Gov. Bill Haslam released the following statement regarding HB 1191/SB 1248:

“Agriculture is the No. 1 industry in Tennessee.  Farmers play a vital role in our state’s economy, heritage and history.  I understand their concerns about large scale attacks on their livelihoods.  I also appreciate that the types of recordings this bill targets may be obtained at times under false pretenses, which I think is wrong,” Haslam said.

“Our office has spent a great deal of time considering this legislation.  We’ve had a lot of input from people on all sides of the issue.  After careful consideration, I am going to veto the legislation.  Some vetoes are made solely on policy grounds.  Other vetoes may be the result of wanting the General Assembly to reconsider the legislation for a number of reasons.  My veto here is more along the lines of the latter.  I have a number of concerns.

“First, the Attorney General says the law is constitutionally suspect.  Second, it appears to repeal parts of Tennessee’s Shield Law without saying so.  If that is the case, it should say so.  Third, there are concerns from some district attorneys that the act actually makes it more difficult to prosecute animal cruelty cases, which would be an unintended consequence.

“For these reasons, I am vetoing HB1191/SB1248, and I respectfully encourage the General Assembly to reconsider this issue.”

Written by Tony Gonzalez of The Tennessean
Anti-Horse Faction Suffers Another Defeat

Horse-Hater TN State Rep. Andy Holt commits political suicide in attempt to push bill to butcher American horses to be eaten by foreigners

Controversial bills to bring more horse slaughter facilities to Tennessee and protect religious expression in schools were tabled Monday, leaving no guarantees that either will come up again this year.

The sponsor of both, Rep. Andy Holt, R-Dresden, asked that the proposals be “held on the desk,” a move that neither sends the bills back to committee nor reschedules another time for a vote. It leaves open the possibility that they can be discussed again but, in the short time remaining this legislative session, makes both long shots for passage.

Afterward, Holt said he may not have explained his bills well enough to convince his colleagues to support them.

“If we can’t get the job done this year, it looks like I just need to work harder and be better at explaining my position for next time around,” Holt said.

The technical maneuvers came at the start of Monday’s evening session, beginning with HB 3619, which would have created incentives to encourage horse slaughtering operations to locate in the state.

The bill had already lost steam after a similar measure was withdrawn in the Senate.

Click (HERE) to Read Article in it’s Entirety and to Comment

LUCAS L. JOHNSON II  as it appears in the Daily News

Butchering Companion Horses is a No Go

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NASHVILLE, Tenn. — The sponsor of a state Senate proposal that seeks to encourage the commercial slaughter of horses in Tennessee withdrew the measure Wednesday, but said he likely will revive it if a similar bill makes progress in the House.

Republican Sen. Mike Faulk of Kingsport took the legislation off notice in the Senate Commerce, Labor and Agriculture Committee. A House floor vote on the companion bill has been delayed until Monday evening.

Faulk said the proposal is intended to encourage Tennessee to develop rules and regulations in case a commercial slaughter operator wants to locate in the state and “properly, humanely … dispose of horses.”

“I don’t care for the notion of a horse slaughter plant,” he said. “But it’s one of those parts of the cycle of life that is necessary. As repugnant as it may seem to someone who has a horse that is a pet, the fact of the matter is, that animal is eventually going to die.”

Opponents of the bill argue that it would unfairly discourage legal challenges of horse slaughter or processing plants by requiring plaintiffs to submit a deposit worth 20 percent of the facility’s worth.

Tennessee Attorney General Bob Cooper issued an opinion earlier this month that requirement is constitutionally suspect. He said the measure would conflict with state constitutional provisions forbidding “unreasonable and arbitrary barriers” to using the courts to settle disputes.

Rep. Janis Sontany has been a vocal opponent of the legislation. The Nashville Democrat said she doesn’t believe it has the votes in the House, where it was delayed three weeks.

She said she’s concerned the company that would come to Tennessee might be foreign and have “no regard for our environmental health or workplace safety laws.”

“It’s breed for greed,” Sontany said. “As long as we have a horse slaughter plant in Tennessee we’re going to see between 80,000 and 100,000 horses come through our state to be slaughtered. We don’t want that.”

Click (HERE) to read rest of article

story by Chas Sisk of The Tennessean

“Ag Gag” Provision Could be Unconstitutional

A bill that would require plaintiffs trying to halt horse slaughter facilities to post large bonds up front probably violates the state constitution, the attorney general says.

House Bill 3619, which requires people who sue horse slaughters to post a bond equal to 20 percent of the estimated cost of building a horse slaughterhouse, is constitutionally suspect under Tennessee’s Open Courts Clause, Attorney General Robert Cooper says in an opinion released Thursday.

Article 1, section 17 of Tennessee’s constitution says, “That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.”

The federal government stopped funding for inspections of horse slaughterhouses in 2006, effectively killing the industry in the United States, but some Tennessee lawmakers have pressed for horse slaughter legislation in case it is revived.

Advocates say domestic horse slaughter would allow for more humane destruction of horses and keep horses from being shipped instead to Canada and Mexico. Opponents say horse slaughterhouses cause environmental problems and that horse slaughter practices are inhumane.

A vote on the bill has been scheduled in the state House of Representatives for Monday. No action has been taken on the measure in the Senate.

Click (HERE) to visit The Tennessean and to Comment

Information Supplied by Laura Allen of Animal Law Coalition

More “Back Room” Politics at Play

Tennessee Rep. Frank Nicely is back this session with another effort to smooth the way for a horse slaughterhouse to open in the state. House Bill 3619 just cleared the House of Representatives Agriculture Committee and could be scheduled for a vote by the full House at any time.

Until the committee hearing the bill simply directed the agriculture commissioner to post and keep current statistics and other information required to be collected about equines and to provide that information upon request to the Tennessee Equine Association.

Harmless enough, except that during the committee hearing on March 13, 2012, Nicely introduced amendments under a new declaration that “the General Assembly intends to encourage the location of equine slaughter and processing facilities in Tennessee that meet…requirements”. The new provisions approved by the committee would make it more difficult to challenge issuance of a permit for a horse slaughter facility by requiring a bond equal to 20% of the estimated cost of building the facility or operational costs, if those can be determined.  Venue would be limited to the court where the facility is located and not also where the defendant can be found or does business.

A challenger would be required to pay the slaughter facility’s legal fees and court costs if a court finds the suit was without merit or brought for an “improper purpose” including harassment, delay or interference. If a plaintiff does not prevail ultimately after obtaining an injunction, the plaintiff “is liable for all financial losses the facility suffers” as a result of an injunction halting  operations.

The bill is similar to a Montana law passed in 2009.

WHAT YOU CAN DO

If you live in Tennessee, find your state legislators here. Write or call now and urge them to vote NO on H.B. 3619.

by: Pat Raia of The Horse

The number of horses lost or injured as a result of the storms is still uncertain

All that remains of a barn ~ photo by Richard Gwin

Horse owners in Indiana, Kentucky, and Tennessee are assessing damage and calculating losses after a series of early spring tornadoes swept though several counties in those states last week.

According to the National Weather Service, 42 confirmed tornadoes tore through Indiana, Kentucky, Tennessee, and Ohio on March 2. The storms packed winds as high as 180 mph, knocking out utilities and flattening homes and barns. All told, the confirmed human death toll reached 39, according to the agency. The number of horses lost or injured as a result of the storms is still uncertain.

“We know there are horses missing and roaming the area, but we just don’t know much else,” said Jim Noel, president of the Indiana Horse Council.

Kentucky was among the hardest hit by the twisters. Farm operators William and Rhonda McCardle lost 15 of the Quarter Horses residing in a barn on their Crittendon, Ky., property when the tornado struck, demolishing the structure. Two horses remain missing. Two surviving horses, a yearling and a 2-week-old foal, were later discovered alive in the barn rubble. Those animals were placed under care at a veterinary hospital in Lexington, Ky., said Sue Haynes, friend of the McCardle family. On March 5 the yearling died as a result of his injuries, Haynes said.

Meanwhile, Kelly Carr, owner of the Saddle Up Arena equine facility in Madison, Ind., said one member of her family lost three of five horses to the storm. Other animals were injured, she said.

“Some had large wounds from flying debris and cuts from hail,” she said. “We could see homes and barns just flattened.”

In Tennessee, a spokesman for the Jackson County Extension Service of the University of Tennessee, said that Extension Service Manager Cynthia Zeitz was still helping horse owners assess the post-storm damage to animals and other property.

Rebecca Gimenez, PhD, primary instructor and president of the Technical Large Animal Emergency Rescue, said these early storms are a reminder that horses are particularly at risk for tornado-related injury and death when they are located in a barn when the heavy weather arrives.

“Unless your barn is built like Fort Knox and certified for a high wind event, horses should be in their pastures,” Gimenez said. “Horses may get nasty injuries, but they won’t be crushed in the barn.”

Gimenez also reminds owners to clear their property of any items that might become airborne before a storm strikes. Owners should, whenever possible, remove tree limbs that storm force winds could blow down and remove debris and other items from pastures and paddocks.

While the damage assessments continue, the Kentucky Horse Council is coordinating support for tornado-affected horse owners through the U.S. Equine Disaster Relief Fund. The Fund provides revenue to help horse owners purchase necessities such as feed and fencing in the aftermath of tornadoes and other devastating storms.

“We are also in touch with the Indiana Horse Council to determine the extent of the need there,” said Kentucky Horse Council President Anna Zinkhon.

Meanwhile, those wanting to donate to the U.S. Equine Disaster Relief Fund should visit www.kentuckyhorse.org/disaster-relief/ for details. Anyone interested in helping the McCardle family rebuild should contact Haynes at Sue.Haynes@ymail.com.