TENNESSEE -- A controversial bill involving pet stores BARELY failed in the state House Monday.
The bill is named the "Tennessee Retail Pet Store Consumer Protection Act," but it is also known as the "Petland Bill" because of the corporation it would benefit.
The legislation was proposed by
Shelbyville Republican Rep. Pat Marsh to help
Greg Bearden, who is in the process of opening a Petland in West Knoxville. A companion bill was introduced in the Senate by Knoxville Sen. Becky Duncan Massey.
The bill would have provided funding to cover certain medical expenses to people who buy sick dogs from retail pet stores, but critics say the bill creates more opportunity for pet stores to buy from puppy mills.
The bill passed the Senate Monday with several amendments on a 19-11 vote. It later JUST BARELY failed in the House on a vote of 45 in favor, 47 against and 2 present but not voting.
EARLIER:
Who needs more protection – pet stores, or the animals they sell? It’s the central question fueling the controversy over a Tennessee House Bill 568.
Known formally as the “Tennessee Retail Pet Store Consumer Protection Act,” the bill is being colloquially called the Petland Bill around the capitol, because of the corporation it would benefit. The intent is ‘to provide coverage for certain veterinary expenses to persons who buy defective dogs from retail pet stores,’ according to the bill summary.
In essence, it would provide financial recourse or refunds for new pet owners who discover their dog is sick. Pet stores could be required to cover some vet bills. But critics say there is another motive.
The legislation was proposed by
Shelbyville Republican Rep. Pat Marsh to help Greg Bearden, who is in the process of opening a Petland in West Knoxville.
“He just needed some insurance that he wasn’t going to be shut down for doing nothing wrong,” said Marsh.
The concern: about 200 localities have passed ordinances limiting how pet stores can source from commercial breeders. On that number, the Humane Society of the United States agrees – but the harmony ends there.
“It’s an attack on local governments, and an attack on animal welfare,” said Amy Jesse, who works against puppy mill legislation for the Humane Society.
Libre, rescued from Amish puppy mill
breeder Benjamin Stoltzfus' property
Jesse said many commercial breeders keep dogs in unsanitary and unsafe conditions, and she believes this legislation could propagate the practice, pointing to one specific section at the end.
THIS BILL WOULD PREVENT LOCAL LAW ENFORCEMENT FROM CONDUCTING ANIMAL CRUELTY INVESTIGATIONS AND PROSECUTING ABUSERS
It reads: “No county or municipality may adopt […or enforce…] an ordinance or resolution that regulates or prohibits any conduct in the area covered by this part.”
The legislation was proposed by Shelbyville Republican Rep. Pat Marsh to help Greg Bearden, who is in the process of opening a Petland in West Knoxville.
“He just needed some insurance that he wasn’t going to be shut down for doing nothing wrong,” said Marsh.
The Humane Society of the United States has uncovered abuses at Petland stores from 2008 on, even filing a class-action lawsuit. Eric Swafford, the Tennessee state director of HSUS, says the legislation would actually hurt consumers, not protect them.
"It is taking away local control and protecting the puppy mill-pet store supply chain," Swafford told The Commercial Appeal.
The concern: about 200 localities have passed ordinances limiting how pet stores can source from commercial breeders. On that number, the Humane Society of the United States agrees – but the harmony ends there.
“It’s an attack on local governments, and an attack on animal welfare,” said Amy Jesse, who works against puppy mill legislation for the Humane Society.
Jesse said many commercial breeders keep dogs in unsanitary and unsafe conditions, and she believes this legislation could propagate the practice, pointing to one specific section at the end. It reads:
“No county or municipality may adopt […or enforce…] an ordinance or resolution that regulates or prohibits any conduct in the area covered by this part.”
All parties agree: this legislation being pushed by PAT MARSH would stop local governments (police, sheriffs, animal control, mayors, commissioners, etc.) from shuttering a pet store if officials did not support its practices. But while Petland says that power has been abused, Jesse says it’s sometimes necessary.
Larry and Nadene Latzke consider this "chicken
coop" to be "state of the art" (their words, not
mine) for dog breeding. Yet they say their
dogs are raised "in a loving home"
“[City councils] just want to regulate how they’re selling puppies, where they’re coming from, things like that,” Jesse said. “So Petland is afraid because they prevent them from operating unchecked, which is what they want.”
The Humane Society of the U.S. takes issue with Petland's practice of selling puppies from commercial sources, which some major chains avoid. The group points to other media reports of litigation and controversies on the internet as evidence of issues.
When reached for comment, Greg Bearden, of Las Vegas, declined an on-camera interview. He said he hopes to develop more Petland locations in major metros across Tennessee, but won’t move forward with the plan unless the bill passes.
When 10News reached out to Petland corporate, Mike Gonidakis, president of Citizens for Responsible Ownership, responded and said he can speak for Petland.
“If they did it the wrong way, they’d be out of business,” he said of their practices. “They just couldn’t afford it."
Gonidakis said he’s spent the last month in Nashville lobbying for the Petland bill, calling it ‘critical.’ He pointed to similar legislation passed in Arizona and Ohio as past successes for the company.
And how much money did he funnel to the politicians' pockets in these "successful efforts" in Arizona and Ohio? How much money has he funneled to Shelbyville Republican Rep. Pat Marsh???
He CLAIMS Petland works to be transparent in their practices, and only sources animals from USDA licensed breeders.
“We want our customers to have the peace of mind that we’re not coming from a puppy mill,” he said.
Still, some are concerned by the far-reaching language of the proposal.
The Humane Society of the Tennessee Valley is separate from the national organization, but also opposes the language of the bill.
"That would mean they're protecting themselves from any possible legislation that would protect the animals,” said Amy Buttry, HSTV executive director. “That's what we're most concerned about, the care of the animals."
She also expressed concerns with the unknown impacts.
“We don’t know if that will have an effect on animal shelters, humane societies, rescue groups,” said Buttry.
The city of Knoxville was unable to immediately point out which existing ordinances might be affected, but said it will study the issue.
Knox County, however, saw several potential conflicts.
“The House Bill HB0568 and companion Senate Bill 0519 currently in the Tennessee State Legislature may adversely impact current local government’s ability to enforce a law, regulation or ordinances addressing the sell and well-being of dogs in retail commerce in the State of Tennessee,” said Bud Armstrong, Knox County Law Director.
“Any and all state laws related to the health and cares of dogs could be affected,” he added, pointing to existing ordinances on Rabies vaccinations, animal care and keeping and bite investigations/quarantines.
Gonidakis disagrees with that point, claiming the legislation would affect existing local welfare laws.
Still – the Humane Society of the U.S. feels the legislation, while touted as a consumer protection, is really a Trojan horse to de-regulate so-called puppy mills.
“The problem is the state isn’t enacting any meaningful legislation, so it’s saying localities can’t do this, but then it’s not doing it itself,” said Jesse.
The bill is slated for discussion in the coming weeks before the full House. No date has been set for the Senate.
IF YOU LIVE IN TENNESSEE, YOU NEED TO CONTACT THE "DIRTY THREE" AND TELL THEM YOU DON'T WANT PETLAND AND THEIR DEEP POCKETS TO DETERMINE HOW ANIMAL CRUELTY IS INVESTIGATED AT THE LOCAL LEVEL IN THE STATE OF TENNESSEE:
Becky Massey - (R) Tennessee
State Senator - Tennessee Senate District 06
Email
sen.becky.massey@capitol.tn.gov
becky.massey@comcast.net
Dolores Gresham - (R) Tennessee
State Senator - Tennessee Senate District 26
Email
sen.dolores.gresham@capitol.tn.gov
info@senatordoloresgresham.com
Todd Gardenhire - (R) Tennessee
State Senator - Tennessee Senate District 10
Email
sen.todd.gardenhire@capitol.tn.gov
gardenhire4senate@gmail.com
(
WBIR - April 3, 2017)
