Last week I blogged regarding a repeal of Basil's Law...A law put in place to ban trapping in the right-of-way after the tragic death of my best friend Basil. The bill to repeal the ban will be discussed for the first time this year by the Nebraska Legislature on Friday, January 30. Please check out the original blog post and read the reponses at the end from Theresa and myself. If you are from Nebraska please communicate with your senator. If you are not from Nebraska you can still help by sending a message to Nebraska legislators. The repeal is on a fast track and I need to do everything I can to stop it! FYI Basil is the red/white Corgi in my profile picture. Thank you! Here is the link to the orignial blog. http://www.mycorgi.com/profiles/blogs/attempt-to-repeal-basils-law

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Comment by Kristen on April 8, 2009 at 2:31pm
I know you all shared my frustration when Basil's law was repealed, but I wanted you to know that we are already seeing some Counties take action to pass an enforceable ordiance prohibiting trapping inthe right of way. We will still have an impact. Unformtunately the county I live in is very unlikely to pass the ordianance...Not that I won't give it a try! Thank you all for your support and inspiration.
Comment by Lauren + Winston on February 27, 2009 at 6:02pm
yeah i got an e-mail too.. i almost threw my phone to be honest. how stupid. >:o lets tkae all our doggies poop and light it on fire in front of all their houses... assholes
Comment by Kristen on February 27, 2009 at 12:13pm
I sadly watched the vote this morning. Basil's law is gone.
Comment by Wendt Worth Corgi's on February 27, 2009 at 11:35am
I just received this e-mail:
Hi Wendy,

Unfortunately LB 5 passed today and will come into effect next trapping season. You will be glad to hear Senator Haar voted no to trapping on right of ways.

Sincerely,

Anna Wishart
Administrative Assistant
Senator Haar - District 21
402.471.2673
Comment by Kristen on February 19, 2009 at 6:44pm
It won't be long and it will once again be legal to trap in the right-of-way in Nebraska. Here is what happened this week. There will be a challenge to the last vote. Members argued that they thought they were voting on the question to have a board vote and not the advancement of the bill. It won't change much. I was told by my boss I could not work the bill, I was not able to be present whenthe bill was discussed. Thank you to those he supported our effort to retain the ban. I wish the outcome were different.

Thursday, February 19, 2009
Roadside trapping bill advances to final reading
A law banning trapping in county road ditches comes one step closer to being repealed with the advancement of a bill to final reading Feb. 19.

LB5, introduced by Imperial Sen. Mark Christensen, would repeal the 2007 ban on trapping in county road rights of way. During general file debate, amendments were adopted that would permit counties to opt out of the provisions of LB5 or prohibit trapping only in certain areas of rights of way.

Christensen said trapping is done only part of the year, and legal traps are small enough that citizens do not have to fear being injured by the devices.

“Legal traps won’t hurt you,” Christensen said. “If [a trap] only opens up 5 inches wide, it’s not even going to close on my foot.”

Others were not convinced that the traps were appropriate devices to be placed in public rights of way.

“[LB5] allows an indiscriminate device to be hidden in ditches to snare and injure, not just raccoons, not just badgers, but dogs, cats and people,” said Omaha Sen. Steve Lathrop.

Louisville Sen. Dave Pankonin also expressed concern with regard to traps in public rights of way.

“To me it is just a disconnect that we are going to have traps in a public right of way,” Pankonin said. “If this becomes policy, and your county does not opt out and someone gets hurt … I don’t want this on me.”

Two substantive amendments were incorporated into the bill during select file debate.

An amendment introduced by Malcolm Sen. Ken Haar and adopted on a 25-5 vote added a regulation that only those traps permitted by the Game and Parks Commission on the effective date of the act could be placed in rights of way.

Haar’s amendment was followed by an amendment by Schuyler Sen. Chris Langemeier, which defined the date set for Game and Parks to develop regulations regarding legal traps. His amendment also clarified counties’ authority to opt out of trapping in rights of way.

Langemeier’s amendment was adopted on a 38-0 vote.

Over the course of select file debate, a number of amendments were proposed that were not adopted.

Platte Center Sen. Arnie Stuthman introduced an amendment that would have prohibited trapping but allowed counties to permit trapping within their boundaries or certain areas.

Stuthman’s amendment was defeated on a 15-29 vote.

Lathrop offered an amendment that would have held trappers who place traps in rights of way civilly liable for damages or harm done to humans, horses, dogs or cats. Lathrop said his amendment was in response to assertions that traps are not dangerous to others.

“What’s the harm about attaching civil liability if no one is ever going to get hurt?” Lathrop asked. “If you think no one is going to get caught in these traps, voting for my amendment will be easy for you.”

Lathrop’s amendment failed 18-30.

Haar introduced an amendment that would have mandated that trappers placing devices in rights of way must first obtain permission from the owner of the land adjacent to the right of way. It also would have required trappers to erect signs every 200 feet to warn people of traps.

“The intent of this amendment is simply to inform people where those traps are,” Haar said.

Christensen opposed Haar’s amendment. He said signs would be costly, and trappers already are required to request permission from land owners to place traps, per Game and Parks regulations. He also said signs would alert mischievous passersby to the traps.

“You’re just inviting somebody to come take a high-dollar pelt,” Christensen said.

Haar’s amendment failed 14-20.

LB5 advanced to final reading on a 30-8 vote.
Comment by Kristen on February 16, 2009 at 11:30pm
Here we go again. LB 5 --the repeal of Basil's law is up on the agenda Tuesday morning. I have been informed I will not be present during the floor debate...It sounds like the debate will go on for a while. While there is opposition to the repeal, the roadside trapping proponents are still in control. The arguments for the repeal are silly, but they are still getting the votes. Doesn't make sense. I am frustrated that I cannot participate in person, but appreciate the efforts of all of you. Theresa has even set up a webpage on this issue!
Comment by Nicola Porter on February 9, 2009 at 7:16am
Kristen this is where you need tough skin and a hard nose. I totally believe in what you are doing and I am behind you all the way. DO NOT give up on what you believe in,.
Comment by Lauren + Winston on February 9, 2009 at 1:21am
reprimanded by your boss?! are you kidding me?! wow i'm going to mail them some winston farts seriously this is stupid as crap. why do they care so much this year but the past few years it's not been a big deal? probably because of the e-mails though, i feel like they might get mad about that because you were talking about it on here so we all bombarded them with e-mails.. whatever.. you get the people involved and they are all in an uproar because they know that even people that aren't from nebraska are upset about this... so dumb... well at least the laws here in ohio are pretty good, although i live in a pretty crowded suburb so if anyone was even thinking about hunting or setting traps around here they'd be crapped on by the police.
Comment by Kristen on February 8, 2009 at 9:49pm
i've been reprimanded by my boss and there has been a threat of retaliation by a senator. A bit frustrating. Here is some information that was sent to me summarizing what other states do. Keep in mind if you state is not on this list the laws are liberal and probably allow for trapping in the right-of way

OVERVIEW OF STATE LAWS
GOVERNING TRAPPING IN RIGHTS-OF-WAY


ARIZONA:

It is unlawful to set a:
• Body-gripping trap (leghold trap, Conibear trap, snare) on public land (82% of the state)
• Trap within 100 yards of an interstate highway, 25 yards of any other road, or 50 feet of any trail for public use
• Trap within ½ mile of public use areas (roadside rest area, picnic area, boat launching area, camping area)

On private land, there are restrictions on the sizes of traps allowed as well as the types of traps allowed. And the trapper must obtain permission from the owner or resident to set a trap within ½ mile of any occupied residence or building.


ARKANSAS:

It is unlawful to place a snare in a public road right-of-way or to touch a fence when the snare is fully extended. There are additional restrictions on the types of devices used.


CALIFORNIA:

It is unlawful to use leghold traps, Conibear traps or snares for commercial/recreational trapping.

It also is unlawful to set traps on land without the landowner’s written permission where the land is fenced, posted or under cultivation.


COLORADO:

It is unlawful to use leghold traps, Conibear traps, and snares for commercial/recreational trapping.

Permits are required (one 30-day permit per calendar year per land parcel) for padded leghold traps on private land for damage to commercial crops and livestock.


CONNECTICUT:

It is unlawful to use:
• Conibear traps on land
• To use any type of snare

There are restrictions on the types of leghold traps allowed and their placement (on land or in water).
A special permit is required to trap on state forests, lands leased to or owned by the state, and lands managed under agreement by the state environmental protection agency.



FLORIDA:

It is unlawful to use Conibear traps. Leghold traps may be used only with a permit (for damage and padded leghold only).


GEORGIA:

It is unlawful to trap on the right-of way of any public road or highway.

There are restrictions on the placement of snares on land.


ILLINOIS:

Railroad rights-of-way are private property and permission is needed from the owner before trapping.


IOWA:

It is unlawful to set:
• Conibear traps on a public road right of way within 5 feet of a fence
• Conibear traps or snares on the right of way of a public road within 200 yards of a residential driveway without occupant permission
• Conibear traps or snares on the right of way of a public road within 200 yards of a residence without occupant permission (there is an exception for submerged or partly submerged traps)
• A snare in a public road right-of-way so as to touch a fence when the snare is fully extended. There are additional restrictions on the types of devices used.


KANSAS:

It is unlawful to set a snare on land within 50 feet of the outside edge of a public road or within 5 feet of a fence bordering a public road (exception for landowners).

It is unlawful to trap on private land, or traveled public roads, or railroad right-of-ways adjoining private land without owner’s permission.


KENTUCKY:

It is unlawful to set taps on land in trails or paths commonly used by humans or domestic animals.


MAINE:

It is unlawful to:
• Set snares on land (limited exception for coyote damage and bears)
• Set traps outside of your own land

Landowner permission required for agricultural property and land within 200 yards of a residence or in a town.


MARYLAND:

It is illegal to set:
• Conibear traps on land
• Snares in 7 counties
• Leghold traps in 4 counties


MASSACHUSETTS:

It is unlawful to use leghold traps, Conibear traps or snares for commercial/recreational trapping.

It is unlawful to trap in a public way, cart road or path commonly used by humans or domestic animals.


MICHIGAN:

It is unlawful to set a snare on land.


MINNESOTA:

It is unlawful to set:
• a snare in a culvert unless completely submerged
• a snare in a deer trail

It is illegal to use fresh meat as bait in traps.


MISSISSIPPI:

It is unlawful to set traps within 100 feet of any street or public highway. It also is unlawful to use bait with traps.


MISSOURI:

It is unlawful to set:
• a snare on land
• a Conibear trap along public roadways (exception for underwater in permanent waters)
• a trap in paths made or used by people or domestic animals
• a trap within 150 feet of any residence (in communities of 10,000 or more)


NEVADA:

It is unlawful to set a steel trap (larger than Newhouse No. 1) within 200 feet of any public road or highway.


NEW HAMPSHIRE:

It is unlawful to use snares.

It is unlawful to set traps:
• in a public way, cart road, or path commonly used by humans or domestic animals
• in or under a bridge, ditch or drainage system within a right-of-way of a public highway (exception for permission of state wildlife agency)


NEW JERSEY:

It is unlawful to set or possess leghold traps. It is unlawful to set Conibear traps on land.

Permission required to trap on agricultural land.

In addition to trapper education courses, trappers setting snares must carry proof of training in the use of snares.


NEW MEXICO:

It is unlawful to set a trap on land:
• within 25 yards of the shoulder of a public road
• within ¼ mile of a residence without written permission
• within 25 yards of Forest Service or BLM trails
• within 50 yards of man-made livestock or wildlife watering on public land


NEW YORK:

It is unlawful to set snares.

It is unlawful to set a trap:
• on a public road
• within 100 feet of a house, school, playground or church without owner permission


NORTH CAROLINA:

It is unlawful to set snares on land.


OHIO:

Leghold traps on land must be covered.

It is unlawful to:
• set a trap in or on a path commonly used by humans or domestic animals
• set a trap in or on a cart or wagon road
• set a trap within 150 feet of a residence without notifying the resident
• set snares on public hunting areas


OKLAHOMA:

It is unlawful to set a Conibear trap on land, and a permit is required to trap beaver with Conibears in water. Snares are illegal.

It is unlawful to set a trap in the open or in paths or roads commonly used by humans, dogs or other domestic animals.

If certain leghold traps are used, signs must be conspicuously posted at the entrance from all public roads and highways as well as adjacent lands.


PENNSYLVANIA:

It is unlawful to set Conibears or snares on land.


RHODE ISLAND:

It is unlawful to set leghold traps for commercial/recreational trapping. It is unlawful to set wire snares.

Traps must be placed so as to be inaccessible to domestic animals.


SOUTH CAROLINA:

It is unlawful to set Conibears or snares on land. Also, leghold traps are illegal in certain counties.

It is unlawful to set a trap in the open or in paths commonly used by humans or domestic animals. It is unlawful to trap in wildlife management areas.


SOUTH DAKOTA:

It is unlawful to:
• attach a trap or snare to a fence along a public road right-of-way without permission from adjoining landowner
• trap on public road rights-of-way within 660 feet of a home, church or schoolhouse without written permission from landowner
• set a snare in fenced pastures, cropland, or feedlots without landowner permission


TENNESSEE:

Snares are illegal in certain parts of the state.


TEXAS:

It is unlawful to use Conibear or leghold traps within 400 yards of any school.


VERMONT:

It is unlawful to use or possess snares.



VIRGINIA:

It is unlawful to trap within 50 feet of a highway in certain counties.


WASHINGTON:

It is unlawful to use leghold traps, Conibear traps or snares for commercial/recreational trapping.


WEST VIRGINIA:

It is unlawful to set neck snares or body gripping snares on land.

It is unlawful to set a trap in human foot trails or livestock paths.


WISCONSIN:

It is unlawful to set a snare on land (there are some exceptions).

It is unlawful to set certain Conibear traps:
• within 3 feet of a wire fence
• within 100 yards of a residence without owner consent
Comment by Lauren + Winston on February 7, 2009 at 2:19pm
.....People are really dumb sometimes. :( We should all march to Nebraska and protest and PAINT THE TOWN CORGI ahhhhhhhhhhhhhh not funny at all.

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