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 Kristen on February 3, 2009 at 12:46am: Once again we did not get to the Trapping issue. Unfortunately I will be hosting a legislative meeting tomorrow for work and will not be able to go to the Capitol. Ihave coordinate a few amendments to be discussed tomorrow. I do believe that the letters have had an impact and are the reason for senators to take another look at this issue. If you are interested you can watch the debate live on the internet. at http://www.netnebraska.org/publicmedia/capitol.html I thnk it is great that technology can bring us closer to the process. I will provide an update tomorrow.

Comment by Sam Tsang on February 2, 2009 at 2:16pm: Thanks for the update Kristen, anything else we can do?

Comment by Kristen on February 2, 2009 at 1:59pm: Another day and they still did not get to the bill. Not a bad thing. We are beginning to see more support for retaining the ban, but with some concessions. There will be a variety of amendments filed that will allow for a more thorough discussion. I know that the emails that were sent did have an impact. It slowed the freight train down and gave us a chance. Thank you. I am worried the bill will come up tomorrow. I won't be able to be there. I have my association legislative conference and will be out of the Capitol all day. I would really like to be there.

Comment by Kristen on February 2, 2009 at 10:59am: Just a quick update before I head to the Capitol. They stopped just before getting to LB 5 on Friday. It is on this mornings agenda. The sponosr is willing to accept an amendment that would require posting, but still repeal the ban. I am working to leave the ban in place, but provide a permit process to trap in the right-of-way when it is necessary and would also require the posting. It is still my thought that the ban should remain.

Comment by Carmen on January 29, 2009 at 6:59pm: I am so sorry for your loss. I hope that you beat the repeal. I don't live in Nebraska, but I would certainly fight for you if I did.

Comment by Kristen on January 29, 2009 at 6:52pm: Just a quick update on what is going on. Senators have let me know they are receiving messages. Thank you to everyone that has contacted Nebraska Legislators!. They ran out of time today and did not get to the bill. It is on the agenda again for tomorrow. We have been able to gather a group that will work toether to amend the bill. I think the notes from members helped! The amendment would leave the ban in place, but allow for special permits if there is a need to address a wildlife damage issue. If traps are set by special permit the area would have to be prominently posted to warn people of the presence of traps. dogs can't read, but then again I am usually with mine and I would respect the warning and not walk my dogs in an area where there are traps. We will at least slow the debate down and create a time loss on the agenda and maybe the speaker will delay bringing the bill back for a while. Again Thank you to everyone. One voice does make a difference!

Comment by Wendt Worth Corgi's on January 29, 2009 at 3:08pm: I got the same similar response.
Hi Wendy,

You will be glad to hear that Senator Haar voted against LB5 in Natural Resources Committee. Unfortunately he was one of the only ones so the bill will be brought to the floor of the legislature. LB5 was supposed to be heard today, but it had to be postponed since session ran out of time. Tomorrow they are going to pick-up where they left off, so we should have a result tomorrow. Here is a website to go to which will show you the results: http://nebraskalegislature.gov/bills/intro.php

. Hope this helps!

Sincerely,

Anna Wishart
Administrative Assistant
Senator Haar - District 21
402.471.2673

Comment by Lauren + Winston on January 29, 2009 at 2:47pm: so i e-mailed all of them last night and i got one response...

Hi Lauren,
You will be glad to know that Senator Haar voted against LB5 advancing. Unfortunately he was one of the only ones, so this bill is set to be heard in the legislature today.

Sincerely,
Anna Wishart
Administrative Assistant
Senator Haar - District 21
402.471.2673

Comment by Davlion on January 29, 2009 at 6:50am: Do it for Basil everyone! It will only take a few minutes of your time to copy and paste the emails above to keep this important law in action and stop them from repealing the law!

Attempt to Repeal Basil's Law

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