Attempt to Repeal Basil's Law

This was a blog post I was hoping I wouldn’t have to make. The story starts with losing my Basil three years ago. When I first joined my Corgi—I was one of the first 500 members—I blogged about losing Basil. Basil was my first Corgi and my best friend. On the day before Thanksgiving three years ago I took my two Corgis, Basil and Lizzie, our elderly black lab Golden retriever, Tess and our Leonberger, Rudy for a walk. It was a beautiful day. We live in the country and we walk off leash on a seldom used gravel road near our home. We were on our way back home Basil would run up to check in for a little pat and then scamper up and down the road ditch sniffing for rabbits and anything else that needed a quick chase. It didn’t take long to notice that Basil was absent. I called for him and called as I continued to walk home. I back tracked and found him. Dead in a trap set by a local trapper. I can’t even begin to describe how devastated I was. I still can’t talk about it without crying. I assumed it was illegal to trap in the road ditch, but I was wrong. I couldn’t believe it. The trapper was charged with baiting a trap and using a trap too large. He paid his fine and wrote a pathetic apology note—directed by the game warden. I started to think about how inappropriate it was to legally set traps in the ditch. The game warden agreed. Other hunters are prohibited from hunting in the right-of-way. As a landowner I can’t use the ditch or right of way that is essentially my property for personal use. I can’t graze my horses or hay the road ditch, but at that time…a trapper could set a trap, kill an animal and make a profit off the hide. Not only is that wrong, but, the right of way is for the public use and convenience. When I walk on the road, we always go down in the ditch to get away from cars. The girls would play in the water in the road ditch catching frogs and snakes. My children used to ride their horses in the ditch rather than on the road thinking it was safer. What could happen if one of the horses had stepped in a trap? It scares me to think about it. Think about county workers who mow and manage utilities in the road ditch. It was a bit of a process, but in the following legislative session I (with help from others)was able to have an amendment attached to a bill that made it illegal to trap in the right of way. They called it Basil’s law. The main state newspaper carried his story. Each year since then, one senator has introduced a repeal of the law. Working with the county officials and other interested lobby groups we have been able to defeat the repeal each year. Each year I have to re-live the terrible story and listen to this senator say over and over again “it was just a dog” and have him treat me as if I was a crazy dog lady. Kinda tough since I am also a lobbyist and I need to maintain my credibility, but the issue is important to me and I will work against him for as long as it takes. Ironically this same senator looks to me for support on other issues and for contributions to his election fund. It is important to note that the law only makes it illegal to trap in right of way it doesn’t seek to get rid of trapping, just doesn’t allow it where it is not appropriate or safe. Ditch running is a quick/easy way for trappers to kill furbearing animals so a number of trappers want this repealed as well. If you are from Nebraska please contact your senator and let them know that repealing the ban is not right and that LB 5 should not advance. If you are not in Nebraska check your own state trapping laws. Most states don’t allow it, but if yours does it may be time for a change. Thanks for letting me share this.

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Comment by Juneaux and Maximus on February 14, 2009 at 5:18pm
what a journey you've taken, for the love of your dog Basil--i admire you. sorry you've had to endure this nightmare:(
Comment by Deanna on February 8, 2009 at 10:53pm
"Proponents have indicated that LB 5 was introduced so animals that are damaging county roads can be trapped." -- What the heck is that all about? Animals don't damage roads -- people damage nature by putting roads in! This must be a horrible nightmare for you, Kristen, and I am so very sorry you are having to go through this. It's bad enough when our beloved little ones have to cross the Bridge for natural reasons, let alone this tragedy! What and how are these people thinking -- with the pocket that gets the most padding obviously! I have been following this and will continue to do so. Oklahoma isn't that far away, and it will only be a matter of time before something like this comes up here. Once it gets started, it spreads like wildfire -- we've all got to stay on the lookout for not only Kristen in Nebraska, but our own states as well!
Comment by Elizabeth Brown on February 6, 2009 at 1:20pm
That's terrible I lost my corgi Toby a year ago. He was only 4yrs old and hit by a car. I tried to save his life rushing him to the nearest vet. We tried and were unsuccessful. I figured that since I've seen numerous dogs hit by cars survive that he would make it. Sadly, I had to make the decision to euthanize him. I'm still not over his death. Every time I see a dog hit by a car it forces me to relive that whole day over again. I can't imagine finding Toby in a trap like that. I understand the pain you go through every time. I am truly sorry. Good luck keeping Basil's Law in effect. Now I have 2 Corgis J.D. and Turk. I love them so much, but no dog will ever replace my Toby.
Comment by Nicole on February 4, 2009 at 8:18pm
Lucas (my fiance) wanted to offer a suggestion to bring up. Would it be worth proposing that they allow trapping in the right of way only using "live traps"? It would allow the poachers to place a trap so they can't complain too much, but a live trap wouldn't harm a pet or child. The worst it could do is trap a dog or cat inside until someone lets it out. I suppose indirectly it could lead to starvation if no one notices that there is a pet in the trap, but if had been a live trap, Basil would be okay.

Just something he thought of and I wanted to share in case it was helpful.
Comment by Ginny and Diggory on February 4, 2009 at 6:01pm
I just got an email from Sen. Haar's assistant encouraging us to write to our senators again to make sure they understand that this is a bill many people oppose. So I fired off another email. LB 5 will be discussed in the full legislature tomorrow at 9.

Let's all send some more emails - - - let's do it for Basil!

Corgi power! WOOHOO!
Comment by Pierre on February 4, 2009 at 2:44pm
Kristen, can you please let me know whether the photo of Basil can be included in an email asking people to take action? Please let me know ASAP!.

Thanks,
Pierre
301 721 6420
Comment by Kristen on February 4, 2009 at 7:17am
A quick update. They debated the trapping bill for over two hours yesterday. One amendment to the bill was adopted, it still repeals the ban, but gives Counties the ability to not allow traping it if they want. That still is not acceptable because many counties will not work proactively and that means it will become legal to trap in the right of way once again. A bracket motion--a motion to move the bill to a later date on the agenda ends...failed, but took up time and that is why it was introduced. Senator Stuthman filed a kill motion on the bill and he opened on his motion and time ran out. The bill will be on the agenda again today and we need to continue to encourage senators to retain the ban. A compromise will be introduced that would retain the ban, but trappers could apply for a permit of special need through the Game Commission. This would be a much better option. Then trapping in the right-of-way would be allowed only when someone expresses a need. Since Nebraska has a unique legilslative process--we have a one house legislature --this will be the only bill to pass through and there will not be a conference committee process. If they get through the General File(first round of debate) The bill will have to return to the agenda for another round of debate and the option to kill or amend is still available. If the members continue to filibuster the bill it is likely that the speaker will get frustrated and move the bill off the agenda. That would not be a bad thing. There was some talk of the bill sponsor pulling the bill, but I don't think the bill sponsor will do that. There will be several Select File (second round of debate) bills on the agenda ahead of LB 5 this morning, but they will get to the bill. I should be able to be there this morning. The letters and the debate on the floor have caused many senators to question the wisdom of repealing the law. I was able to talk to several senators last night at our legislative reception last night and a couple that were all for the repeal at first are beginning to see the value of the ban and protecting the safety of the public. Although, I think if a vote was taken today the bill would advance--just with fewer votes. It only takes 25 votes (out of 49) to advance the bill, but because of a special provision in the bill it will take 30 votes to pass it on Final Reading. Thanks again for all your help!
Comment by Theresa on February 3, 2009 at 11:19pm
Please consider emailing the senators you have not heard from again. Why not take a few minutes and email back to the ones that did reply and encourge them to kill LB5 instead of offerring amendments.
I don't want them to think we have lost interest in the bill. If they know people are monitoring the situation, those who maybe undecided may decide to kill the bill or support an amendment.

T. Lang
Comment by Lauren + Winston on February 3, 2009 at 4:10pm
i got the same one from tom white.
Comment by Wendt Worth Corgi's on February 3, 2009 at 11:32am
Heres a response I got this morning.
Dear Wendy,

Thank you for contacting me regarding LB 5. I share your concerns about the safety of roadside trapping, and I also am a strong proponent of local control. I plan to support an amendment that would allow counties to opt-out in case the bill passes. Local communities should have the right to decide for themselves.

Thank you again for your message, and please don't hesitate to contact me again in the future.

Best,

Tom White

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