Update: Woods at Pith in the Wind reports from today’s (3/16/10) committee meeting – “The Tennessee Farm Bureau sent its minions in droves to the Legislative Plaza today as the bill came before the House Agriculture Committee for the first time….The show of force was unnecessary. Unbeknownst to the public, the bill died the moment House Speaker Kent Williams assigned it to the Agriculture Committee rather than Judiciary where it should have gone if anyone in the House leadership was really serious about passing it. The Agriculture Committee is dominated by farmers who would like to laugh Sontany right out of the room. The committee heard testimony today, but ran out of time to vote.”

Mounted Police Office in NashvilleThe post title is a quote from Rep. Janis Sontany, who for years has been doing yeoman work to pass HB3386, which would amend the law we have now – with two different aggravated animal cruelty penalties: a felony penalty for companion animals and a misdemeanor for the same action for “livestock” – and make “the offense of animal cruelty applicable to all animals and requires that a person intentionally rather than knowingly deprive an animal of food or water in order to commit the offense.”

The bill comes before the members of the House Agriculture Committee tomorrow morning at 9 am so please call asap and ask them to support passage.

In Rep. Sontany’s own words, here is why we need this bill:

Many of you have contacted me over the past few months regarding the starving horses rescued from Cannon County and taken to the Fairgrounds here in Nashville. I promised then that I would introduce legislation that would make withholding food and/or water from any animal a felony and that I would update you on the progress and ask for your continued help. It makes no sense to me to have two different penalties – aggravated animal cruelty with a felony penalty for companion animals and a misdemeanor for the same action for “livestock”. Cruelty is cruelty regardless if you are 3 lbs. or 16 hands high. How can we continue to say that it is far worse to starve a dog than to starve a horse?

When the horses were at the Fairgrounds, I was asked by the media why the penalty for starving these horses was only a misdemeanor. My answer simply was Farm Bureau Insurance Company. This company has always demanded different laws for “livestock”.

When I first drafted this legislation, I met with Farm Bureau Insurance Company’s lobbyists to try to find some common ground. I was told that starving these horses didn’t rise to the level of aggravated animal cruelty and the current law was working just fine and they refused to negotiate.

This cruelty continues to happen. There were the 20 horses in Sumner County that were reported starved, three in Smith County – one of which was already dead and the other two found with no food or water nearly starved to death. And, then there was the incident in Bedford County where over 100 head of cattle were found starved to death.

This bill addresses more than starvation of animals. It also addresses other forms of animal cruelty. There was a woman in Sweetwater last year whose husband got mad at her and dragged her favorite horse behind his truck until the animal was almost dead. To finish him off he stabbed him with a pitch fork. When the woman contacted the district attorney in her area, she was told that they would not prosecute this action because it was a misdemeanor and wasn’t worth their time. My bill would make this action a felony as well. A misdemeanor is like getting a traffic ticket.

Jim Ridley writing for Pith in the Wind highlights this week’s Nashville Scene cover story by Christine Keyling which further describes “the tussle over a proposed bill that would make the aggravated abuse of livestock (including horses) a felony in Tennessee instead of a misdemeanor.”

Kreyling writes that the legislation fight has exposed a wide gap between animal-rights advocates — who urge an end to animal abuse in all its forms — and the powerful state Farm Bureau, which doesn’t want urban outsiders (especially the Humane Society) telling its officers and members what constitutes abuse.

Just as illuminating is the debate that has erupted in the article’s comments section online. Perhaps the most surprising is the amount of sympathy commenters show for the accused abusers who allowed more than 80 horses to starve and dwindle on their Cannon County farm.

I would argue that the online debate is more frightening than illuminating but then again, I was shocked by those who would condone the legal use of torture and demonize empathy.

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No CheatingLet’s leave aside for a moment the fact that the Tennessee Report doesn’t yet have “Elections” listed under the “Department” section of their website when clearly they should and instead focus on the little gem they uncovered about Rep. Debra Maggart.

From a story yesterday about the Juvenile Sex Offender Registry:

House lawmakers heard more than three hours of testimony last Tuesday on a piece of legislation introduced by Rep. Debra Maggart, R-Hendersonville, who says it is necessary both to protect the public as well as line Tennessee up to receive a bigger chunk of federal law enforcement subsidies.

From a story posted in December 2009 about Maggart as “State Sovereignty” supporter:

Earlier this year, Republican state Rep. Debra Young Maggart co-sponsored a resolution demanding that the federal government refrain from further burdening Tennessee with unwarranted and potentially unconstitutional policy mandates.

But earlier this month, Rep. Maggart and Sen. Diane Black, R-Gallatin, expressed their interest in legislatively obligating the State of Tennessee to embrace an as-yet unfulfilled federal mandate, signed by George W. Bush, that critics say violates just the sort of constitutional principles lawmakers like Maggart saw fit to reiterate in their state sovereignty resolution last session.

It’s not the hypocrisy that is so bothersome, it’s the hubris and the posturing and it goes back to this:

We’re finding more and more evidence that Republicans – on both the state and federal level – love to take credit with their constituents for all the good government can do while at the same time pandering to their base with language that is strikingly opposite.

Listen closely the next time a Republican talk about health insurance reform. Every health care discussion they have is prefaced with “We think there needs to be health care reform” or “We’re not saying there doesn’t need to be reform….”

Democrats can have these conversations with their constituents – one-on-one conversations or in town hall meetings – and take credit for the good that government does (and can do!) because their constituents value the exact same things Democrats value – good jobs, affordable health care, infrastructure development that creates good jobs, quality education, access to quality education, etc.. Democrats should really go to this place instead of trying to appeal to the people who would never vote for anyone with a “D” beside their name anyway.

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File Under: People Can Really Suck

Jim Ridley posts a plea from a reader to find a good dog a good home.

I don’t understand…how could someone…it’s just heartbreaking.

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Long Lines to VoteI am so confused about what makes one a patriotic American. I always thought it was things like participating in the democratic process by voting and encouraging other voting-like activities.

So if that’s the case then the opposite of being a patriotic American would be not voting or discouraging other not-voting-like activities in others, right?

HB1770, a bill sponsored by Rep. Curry Todd that comes before the House Elections Subcommittee tomorrow afternoon proposes to make “various revisions to the election laws including allowing a person to email a transfer of voter registration with a scanned signature and increasing maximum size of precincts from 5,000 voters to 7,500 voters.”

Basically, Todd’s bill is Step 1 in a 2-step process that could – if we don’t monitor county election commission meetings very closely – artificially manufacture long lines on election day.

Step 1, let’s load precinct with 2,500 more voters than we allow now. Step 2, let’s allocate fewer voting machines in each of these precincts with the 2,500 more voters. Mix together and then, Viola!, long lines!

And longs lines = discouraged voters who don’t have time to wait. We saw these longs and discouraging lines during the 2004 and 2006 elections and the hope was that we would never see them again.

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Stacey Campfield on TVOn this morning’s show, Freddie and I discussed Rep. Stacey Campfield’s (R-Knoxville) glee at finding out that Penn & Teller’s Showtime TV show was coming to interview him about his bill (HB0821), which would prevent teachers from discussing sexual diversity. I’ll have the audio posted tomorrow but needless to say Penn & Teller aren’t coming by to talk about the intellectual merits of ol’ HB0821. From the show’s website:

In Penn & Teller: BS!, the crusaders utilize principles of magic and trickery, as well as good old fashioned “hidden camera” sting operations, to smoke out these nonsense peddlers and reveal how they operate.

….

As our increasingly anti-intellectual, anti-science culture moves on each day to new crackpot subject matters, Penn & Teller are there to aggressively shoot down whack-jobs and fuzzy thinkers, no matter where they originate.

I think Freddie is right, it’s all performance art coming from conservatives these days and they apparently always crave a bigger audience.

We’ll have the audio posted tomorrow but in the meantime, Aunt B. of the Tiny Cat Pants has strike two against Rep. Campfield. She asks, is Rep. Campfield a Communist since he seems to be, albeit quite selectively, anti-Capitalism?

Campfield is trying to pass a law that would allow college students to not buy the assigned books for their classes if those assigned books are written by their professors. I’m having a great laugh at this, just trying to imagine how the hell UT or other state schools are supposed to recruit top talent and then turn around and tell them that their expertise isn’t valued in the classroom.

I mean, shoot, if the guy who designed your car wanted to show you all the nifty features it had, you wouldn’t be all “Oh my god, the designer of the car is only trying to tell me what he knows so that he can make a profit! I demand you give me someone who doesn’t know as much about this car to tell me about it!!!!!!”

But the best part is the comment he left at the bottom of this story.

I tried to make clear to the reporter the bill would not stop the professor from possibly requiring a book they authored. It would only keep them from directly profiting from that sale. They could still require the book then forgo the kickback they get from the book publisher for their classes sales.

That “kickback” is called “royalties.” That’s what you get paid to write a book. Is your paycheck a “kickback” from your employer? Does Campfield really believe that college professors should just write books for the good of the world and not be payed the fair market value for their work?

I just love how telling people what money they can make and how they can make it are supposed to be bad things under Tennessee conservative ideology until the people making it are academics and then, whoa boy, the Republicans better get in there and run things like Soviets.

But damn. “Kickbacks.” Yes, when you get paid for the work you do and Campfield likes you, it’s called a paycheck. When you get paid for the work you do and Campfield doesn’t like you, it’s called a kickback.

I think Stacey Campfield is the Frank Sinatra of Tennessee. It’s his State, we just live in it.

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Mumpower Website Links PageOr perhaps leaving both Johnson County and Mountain City off his campaign website was simply an “oversight.” From a letter to the editor of The Tomahawk in Mountain City:

I have recently visited the 2010 re-election campaign web site for Rep. Jason Mumpower [R-Bristol, Johnson and part of Sullivan Counties] and noticed while the Tennessee General Assembly House Majority Leader from Bristol has posted hyperlinks to both the City of Kingsport (Sullivan County) and the City of Bristol (Sullivan County) that for some reason Mumpower has neglected to include hyperlinks on his campaign web site to either The Town of Mountain City and the Johnson County, Tennessee web pages. I find this rather ironic because Rep. Mumpower is himself employed by a Bristol based media and public relations firm owned by Rep. Jon Lundberg (also of Sullivan County) that produces web content for Corporate Image clients.

I imagine that it must be nice for Johnson County residents to apparently be held in such high regard by Rep. Mumpower, even though he has thoughtfully provided visitors seeking information at the Mumpower 2010 election web site with hyperlinks to two different comic book publishers.

Oh, well – if the hopeful TNGA House Speaker Mumpower doesn’t share the passion of struggling Johnson County residents with finding employment, preventing foreclosure on their homes, or even in securing affordable health care, at least the many hurting families in Johnson County can at least share in Rep. Jason Mumpower’s childlike delight and passion that he apparently finds both collecting and reading comic books…after all, this 2010 election is all about Jason Mumpower.

‘See you in the funny papers, Johnson County’

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Glenn Beck to Christians: “Ayyyyyy”

Much like The Fonz, Glenn Beck thinks he can say or do no wrong. But then he goes and “jumps the shark.”

From Media Matters:

Glenn Beck has repeatedly attacked the concept of social justice and churches that promote it, asserting that it is “code language for Marxism” and warning that “when you see those words, run.” In fact, numerous churches and religious faiths, as well as prominent religious scholars, espouse social justice, including the Catholic Church, the Conservative and Reform movements of Judaism, and the Rev. Martin Luther King Jr.

Where is the pushback to this insult to many major religions, the Bible, and Jesus Christ, himself? So far, it’s only coming from Sojourners’ Jim Wallis. And if Beck believes what he says to be true, does that mean that the Bush administration’s Office of Faith-Based Initiatives was a waste of time? And if now neither governments nor faith-based organizations should worry about the poor and disenfranchised, then who will?

It must be nice and comfortable up there on that cushion of money, power, and privilege Mr. Beck is sitting on.

Has anyone heard of any other opposition to Beck from religious leaders?

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Money in MousetrapI’m still driving around East Tennessee admiring the landscape…dotted with Payday and Title loan storefronts. You probably have one around the corner from where you live or drive by one on your daily commute. And if you haven’t noticed one yet, you will now. They are everywhere.

Next week, Rep. Jeanne Richardson (D-Memphis) will bring four bills to the Utilities & Banking subcommittee in an effort to reign in the excesses of the Payday loan business.

What are the excesses? 400% interest rate “loans” given to 19 million people per year, 12 million of whom get trapped in a debt cycle.

A couple of days ago we linked to a Harper’s Magazine must-read article about East Tennessee, the “birthplace” of this usurious practice, but their was one obvious piece of info missing – just what is the difference between “legitimate” lenders and the payday loan people?

The Center for Responsible Lending spells it out, “legitimate lenders assess the ability of potential borrowers to repay it. Payday lenders do not.”

In other words, the process behind the business of payday loans is configured purposely as a trap for borrowers. And not just a trap where it’s impossible to pay back the first few months of a loan (when the interest is higher than the principle) or keep up with a balloon payment. The Payday loan process is a trap that keeps the borrower paying what amounts to interest only month after month after month in a yearly cycle that adds up to 400%.

From the CRL:

To obtain a loan, a borrower gives a payday lender a postdated personal check or an authorization for automatic withdrawal from the borrower’s bank account. In return, he receives cash, minus the lender’s fees. For example, with a $350 payday loan, a borrower pays an average fee of about $60 in fees and so gets about $290 in cash.

The lender holds the check or electronic debit authorization for a week or two (usually until the borrower’s next payday). At that time the loan is due in full, but most borrowers cannot afford to pay the loan back and still make it to the next payday.

But if the check is not covered, the borrower accumulates bounced check fees from the bank and the lender, who can pass the check through the borrower’s account repeatedly. Payday lenders have used aggressive collection practices, sometimes threatening criminal charges for writing a bad check even when state law prohibits making such a threat. Under these pressures, most payday borrowers get caught in the debt trap.

To avoid default, they pay another $60 to keep the same loan outstanding, or they pay the full $350 back, but immediately take out another payday loan, with another $60 fee.

In either case, the borrower is paying $60 every two weeks to float a $290 advance – while never paying down the original amount of the principal. The borrower is stuck in a debt trap – paying new fees every two weeks just to keep an existing loan (or multiple loans) outstanding.

The Center is suggesting a 36% cap on annual interest to spring the trap. Here in Tennessee, the birthplace of this awful practice, we are asking only for a 100% cap.

Rep. Richardson’s bills are up next Tuesday, please call the members of the Utilities & Banking subcommittee and ask them to support reigning in the excesses of the Payday loan industry.

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Jefferson County LandscapeAs I spend more time driving around East TN, I see more and more abandoned and/or underutilized existing buildings and structures. Some are historic and some are not, but they are all available.

Seeing this makes me wonder why anyone would want to (or “need” to) confiscate pristine and dwindling open spaces and farm land for development. For any reason. Ever.

Yesterday, I learned that a large shipping and transportation company, with help from the State Government, wants to do just that in Jefferson County.

Norfolk Southern wants to build a new rail yard and truck terminal (Intermodal) 10 – 12 miles from I-40 and the Tennessee Department of Transportation (TDOT) is willing to confiscate the land to build the new highway it will need to connect to I-40.

This is not just about about development, it’s about appropriate development. It’s about smart development. And with so many existing structures already available, why develop pristine countryside simply to build something new? Apparently, there is an idle brownfield Site – no connector needed – available in Hamblen County. Clean it up. Fix it up.

Jefferson County Tomorrow is organizing around opposition to the Norfolk Southern Intermodal and have listed 10 reasons why they oppose this particular plan. Here are a few:

It’s a lousy plan for growing good jobs in Jefferson County. Norfolk Southern projects it may employ up to 77 contract workers – all without normal railroad wages and benefits.

Jefferson County is already listed as a Federal non-attainment area due to its dangerously poor air quality.

The proposed site is close to and upwind of an elementary school.

Intermodal Terminals destroy huge tracts of land. Norfolk Southern wants a yard three miles long on farmland west of New Market, but they also hope to profit from warehouses and storage facilities surrounding the rail yard to form a “logistics park” of more than 1,000 acres. (PS: Jefferson county tax dollars – not Norfolk Southern shareholders – would build the “park.”

Whatever happened to “Smart Growth”? Jefferson County is losing its prime productive agricultural land to development. Down from 172,135 acres in 1940, they have only 101,585 acres left of this critical resource. What will the next 60 years bring?

The New Market site would require an interstate connector 10-12 miles long somewhere across Rocky Valley and Bays Mountain. This road will cost more than $25 million per mile and require hundreds of acres of property to be condemned through eminent domain.

By the way, what is with eminent domain anyway? Do we really need it at this point? I mean, with a railroad and interstate system connecting almost every point in the U.S., what possible “public good” can still come out of it? And in this specific instance, is it really in the public’s interest?

Jefferson County leaders are using bad government to force a bad deal on the county, including:

Closed Government — Signed agreement to work in secret and wouldn’t admit to dealings with Norfolk Southern even after NS had started trying to buy land.

Lack of Environmental Stewardship — Recruiting heavy polluter to an area already out of federal compliance for its poor air quality

Failing to Grow Good Jobs — Missing the green jobs boom enjoyed by rest of state

Head in the Sand — Refusing to admit that there might be any negatives associated with something this big and permanent

Refusing Community Input — Refusing to dialogue with community on possible routes for interstate connector

Poor Costs Control — Making decisions on the basis of costs they admit are unknown

Anti-Education — Buckling under to heavy industry rather than protecting school children’s need to work in a safe environment conducive to learning

The Farmland Protection Bill, SB3634, up soon in the Tennessee State House, would restrict using public funding to develop high quality farmland taken through eminent domain. (Good for Senator Burchett, he must understand that all politics is local). On the Federal level, HR3410, Taking Responsible Action for Community Safety Act, would “tighten the reins” on those with powers of eminent domain and make them accountable to the greater community.

It’s beautiful here in East TN. But it’s also ugly and blighted with large, abandoned structures. Do we really want to replace the beauty and utility of our land with more concrete when it’s not necessary?

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(Because I am too much of a lady…)

“Rush Limbaugh is the fart in America’s elevator.”Frank Schaeffer, on the Thom Hartmann Show

T/F/B: R. Neal of Knoxviews.

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