The BSLWorkshop

10/30/2009

 

To: All within reading distance......

From:

Linda D. Witouski & Ken Sondej,

owners - the Monthly National Legislation Report, an IRS 527 PAC.

 

Greetings to All !

 

We have received numerous emails regarding the "Happy Act", i.e. HR3501, asking for our thoughts.  We ask that you consider the below prior to signing any petition in support of this bill. 

 

HR3501, although appearing to be very appealing and beneficial to breeders and animal owners, should be opposed.

 

It is of our opinion that this bill does exactly what it was intended to do.  To draw in unsuspecting breeders who believe they are getting a "break" and it is being done exactly in the style to which we who work legislation are accustomed to seeing, or should be accustomed to seeing, by now.

 

Those who believe this is a 'good thing' should stop and reconsider how bills are amended as they make their way through Congress.  Although some feel it worthy of support as currently written, consideration needs to be given regarding the amendments that HSUS could/would add that most likely will end up not benefiting breeders at all, rather, it could/would be more detrimental to your rights to own animals in the end. This is not an unfamiliar tactic in politics, as many of you more experienced in the legislative arena are aware - gain the support of the opposition with some "feel good" legislation, amend, amend, amend - and then advise Congress that it was "what everybody wanted."  If you sign on to it in the beginning, you have no defense - you signed up to support it and your signature on any petition will be proof positive.

 

Everybody should be aware by now that the HSUS is looking at taxes that are not being collected from breeders, as evidenced in the not so long ago Indiana confiscation in which back taxes surpassed $130,000. No better way could possibly exist in tracking hobby breeders than to claim they were avoiding paying income taxes on their dogs.  In order to claim deductions, you must first claim a profit, and in doing so, hobby breeders will no longer be considered as such and would then fall under other more stringent regulations, possibly causing the hobbyist to be reconsidered as a "business."  In addition, there are many rural and urban areas that are not zoned for "business" and many hobby breeders will then be in the target scope and in jeopardy of losing their animals because of "zoning regulations and restrictions" in those particular areas that are not zoned for business.  Professional, licensed breeders already deduct expenses.  Hobbyists, by signing any petitions, would be voluntarily setting themselves up to lose their hobbyist status and would then be required to prove all expenses for their animals once they are considered as "professional breeders."  While you, as a hobbyist, may gain on one level, you will surely lose on several others once your status is changed.

 

As "Happy" as this bill may sound, there are far too many unanswered questions when reading in between the lines and while this bill, as is currently written, appears to only entail "health care for animals", can you possibly conceive in your own mind that HSUS or any other anti animal group will leave it as is when it gives them the perfect opportunity to add to it as it makes its way through the legislation process?

 

Additionally, allowing (up to) a $3500. deduction also increases the potential of a dog's value.  Animal rights attorneys are constantly testing the courts in this currently gray area for purposes of malpractice and emotional damages. Permitting deductions for dogs is one more step up the "they are family and should be in an elevated property status" ladder. 

 

We fully realize that the "Happy Act", HR3501, is a "feel good" piece of nationwide legislation to unsuspecting supporters but we also realize that this bill has the potential of putting animals on the same level as humans and sets a very dangerous precedent in equating animals with the seniors, the elderly and children, who currently are permitted to have deductions taken by their caregivers.  This bill creates the perfect backdrop for "guardianship."   

 

As such, the Monthly National Legislation Report, and the organizations listed below, oppose this bill and asks that you take the time to consider all possible ramifications prior to making any decision other than opposition.

 

Currently, the following organizations have joined the MNLR in opposing HR3501:

 

SAOVA

MOFED

Nevada Animal Owners & Sportsmen - Voting Alliance
SC Animal Owners & Sportsmen Voting Coalition

SC Federation of Dog Clubs

 

*Note: If your organization would like to join the Opposed list, please drop an email to 4winds@viawest.net or dropfred13@aol.com

.

 

Read the bill here:  HR3501 – The Happy Act - Humanity and Pets Partnered Through the Years (“HAPPY”) Act

 

ADDITIONAL INFORMATION:

http://www.fund.org/press-releases/2008_endorsements_mi.html

If you think HR3501 - "Happy Act" is too good to be true - check the
following links before you make your decision to support it.

Spread the word

L & Ken

Monthly National Legislation Report

http://mnlreport.typepad.com/the_monthly_national_legi/

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http://www.taxgirl.com/tag/thaddeus-mccotter/

Clearly, animal rights groups think this is a good idea. "We think
this is as much a health care bill as any," said Nancy Perry, vice
president of government affairs at the Humane Society of the United
States. "It's a human health issue to ensure that pets are provided
with better care because of the role they play in our families."

http://www.congress.org/congressorg/bio/fec/?id=851&cycle=2007-2008

Humane USA contributed to McCotter campaign

http://www.hsus.org/legislation_laws/federal_legislation/companion_animals/

Bill Status: Pending

http://www.hsus.org/legislation_laws/federal_legislation/companion_animals/tax_deduction_for_pet_care

Pet Care Tax Deduction
Bill Number: H.R. 3501
HSUS Position: Support
Legislature Status: In Session



To amend the Internal Revenue Code to allow a deduction of up to
$3,500 for veterinary and other pet care expenses for qualified pets
(defined as "legally owned, domesticated, live animals").

audio interview with McCotter,starts at 6:11 (pets are "family")

http://audio.wrko.com/m/audio/26691658/howie-and-congressman-thaddeus-mccotter.htm

ASPCA is also supporting it on their website.

https://secure2.convio.net/aspca/site/Advocacy?cmd=display&page=UserAction&id=2605

HSUS Endorses McCotter

http://www.fund.org/press-releases/2008_endorsements_mi.html

Humane Society Legislative Fund Announces Endorsements in Michigan
Congressional Races

Animal Welfare Group Will Target Rep. Joe Knollenberg in Michigan's
9th District

WASHINGTON (Aug. 11, 2008) Citing theirr leadership and support of
animal protection policies, the Humane Society Legislative Fund
announced its endorsement of 11 Michigan candidates for U.S. Congress
in the general election. The group also announced that it will run an
independent campaign to defeat Rep. Joe Knollenberg (R-9th), one of
the leading enemies of animal welfare in Congress.

"In order to have humane laws, we need to elect humane lawmakers,"
said Sara Amundson, executive director of Humane Society Legislative
Fund. "We urge Michigan voters to elect candidates who support the
humane treatment of animals."

Several members of Michigan's federal delegation, both Democrats and
Republicans, have been leaders for the humane treatment of animals.
For example:

* Sen. Carl Levin (D) introduced S. Res. 118, a resolution urging
the Canadian government to end the annual slaughter of hundreds of
thousands of baby harp seals for their fur pelts, and he is the
leader of an annual effort to secure adequate funding for the
enforcement of the Animal Welfare Act, the Humane Methods of
Slaughter Act, and the federal law to combat dogfighting and cockfighting.

* Rep. John Conyers (D-14th) is the lead author of the Prevention
of Equine Cruelty Act, H.R. 6598, which seeks to stop the export of
American horses for slaughter in foreign countries, and the Animal
Cruelty Statistics Act, H.R. 6597, which would require the collection
of data on animal cruelty crimes nationwide.

* Rep. Thaddeus McCotter (R-11th) authored a resolution, H. Res.
419, recognizing National Dog Bite Prevention Week and calling on
communities to adopt dog bite injury prevention programs and laws
encouraging responsible dog ownership.

* Rep. Dale Kildee (D-5th) has consistently received a perfect
score of 100 percent on the annual Humane Scorecard for his support
and co-sponsorship of animal protection bills.

HSLF has endorsed two challengers looking to unseat incumbents who
are enemies of animal welfare. The group is supporting Gary Peters
(D) over Rep. Joe Knollenberg (R-9th) and Mark Schauer (D) over Rep.
Tim Walberg (R-7th). Peters and Schauer both supported common-sense
animal protection policies in the state legislature, while
Knollenberg and Walberg have among the worst records on animal
cruelty issues in Congress.

HSLF plans to launch an independent campaign in the 9th District to
inform Oakland County voters of Rep. Knollenberg's terrible record on
animal welfare. Throughout his career in Washington, he has opposed
modest animal welfare reforms, including efforts to halt horse
slaughter for foreign consumption; stop the processing of animals who
are too sick or injured to walk to slaughter and pose a greater
threat of spreading "mad cow disease;" stop wealthy American trophy
hunters from shooting threatened polar bears in the Arctic; stop the
trophy shooting of bears over piles of grease and jelly doughnuts on
national forests and other federal lands; stop the use of steel-jawed
leghold traps and wire neck snares on national wildlife refuges
inhumane and unsporrting practices opposed by responsible hunters;
and protect dolphins from drowning in tuna nets.

Although he claims to be a fiscal conservative, Knollenberg voted to
use tax dollars to promote the trophy hunting of elephants in Africa,
and to give a $2 million annual subsidy to the luxury mink coat
industry. He voted twice to spend millions of dollars to kill
predators with cruel traps and poisons as a government subsidy for
private ranchers, and he sought to de-fund the U.S. Department of
Agriculture's enforcement of the federal law to combat animal
fighting thee same law that was later used to break up Michael Vick's
dogfighting ring.

Walberg, in his first term, has also been terrible on animal
protection issues. He scored a 17 on the most recent Humane
Scorecard, and voted to allow the commercial sale and slaughter of
wild horses, to promote the trophy hunting of threatened polar bears,
and to continue the trade in dangerous primates as exotic pets.

HSLF is a nonpartisan organization that evaluates candidates based
only on a single criterion: where they stand on animal welfare. HSLF
does not judge candidates based on party affiliation or any other issue.

ENDORSEMENT IN U.S. SENATE RACE

Carl Levin (D)*

ENDORSEMENTS IN U.S. HOUSE RACES

DISTRICT 3: Vernon Ehlers (R)*
DISTRICT 5: Dale Kildee (D)*
DISTRICT 6: Fred Upton (R)*
DISTRICT 7: Mark Schauer (D)
DISTRICT 8: Mike Rogers (R)*
DISTRICT 9: Gary Peters (D)
DISTRICT 11: Thaddeus McCotter (R)*
DISTRICT 12: Sander Levin (D)*
DISTRICT 13: Carolyn C. Kilpatrick (D) *
DISTRICT 14: John Conyers, Jr. (D)*

*Incumbent