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HB 275: "An Act relating to veterinarians and animals."

00 HOUSE BILL NO. 275 01 "An Act relating to veterinarians and animals." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 03.25.020 is amended to read: 04 Sec. 03.25.020. Duties of veterinarians. Veterinarians employed by the 05 commissioner shall 06 (1) visit the fur farms of the state, study problems incidental to raising 07 fur bearing animals, and advise those engaged in the industry in matters pertaining to 08 the breeding and care of fur bearing animals and the prevention and cure of diseases of 09 fur bearing animals; 10 (2) prepare, publish, and distribute such data as the veterinarian, with 11 the advice and consent of the commissioner, considers useful to those engaged in the 12 industry; 13 (3) make reports to the commissioner when required by the 14 commissioner for transmittal to the state legislature; 15 (4) initiate and carry on experiments, on or in connection with a fur

01 farm, with relation to the care and feeding of fur bearing animals, the improvements of 02 the breed, or the cure or prevention of any disease to which they may be subject or the 03 extermination of the parasites by which they may be attacked, and in this connection 04 employ and pay for the necessary assistance and rent and use of necessary facilities; 05 (5) perform other duties [AS MAY BE PRESCRIBED BY THE 06 COMMISSIONER] as are related to wild or domestic mammals [NOT 07 INCONSISTENT WITH THE DUTIES SPECIFICALLY IMPOSED BY THIS 08 CHAPTER]; 09 (6) study problems incidental to the raising of livestock and other 10 domestic animals, and advise those engaged therein upon matters pertaining to the 11 breeding, care, and the prevention and cure of diseases of livestock and other domestic 12 animals; 13 (7) actively work to protect and provide for the well-being of 14 livestock and domestic animals; 15 (8) within three days after receiving a complaint that livestock or 16 domestic animals are being mistreated or neglected, investigate the complaint, 17 compile a report based upon the investigation, and refer possible violations of 18 state laws to the Department of Law; 19 (9) assist, promote, and encourage mushing and other animal 20 activities and events; 21 (10) immediately remove and provide care for livestock and 22 domestic animals that are being mistreated or neglected; 23 (11) provide for the education of the public regarding the proper 24 care of animals. 25 * Sec. 2. AS 11.61 is amended by adding a new section to read: 26 Sec. 11.61.135. Cruelty to animals in the first degree. (a) A person 27 commits cruelty to animals in the first degree if the person 28 (1) knowingly tortures an animal and as a result of that torture causes 29 the death of the animal; 30 (2) kills an animal by the use of a decompression chamber; 31 (3) violates AS 11.61.140 and the violation is committed against a

01 herd, collection, or kennel of 10 or more animals; or 02 (4) violates AS 11.61.140 and has been previously convicted of a 03 crime under this section or AS 11.61.140, or a law or ordinance in this or another 04 jurisdiction with elements similar to this section or AS 11.61.140. 05 (b) In this section, "animal" has the meaning given in AS 11.61.140. 06 (c) Cruelty to animals in the first degree is a class C felony. The court may 07 also 08 (1) require the forfeiture of all animals owned by the defendant to the 09 state; 10 (2) require the defendant to reimburse the state or a person providing 11 care or treatment for animals owned or cared for by the defendant; and 12 (3) limit the defendant's ownership, possession, or custody of animals. 13 * Sec. 3. AS 11.61.140(a) is amended to read: 14 (a) A person commits the crime of cruelty to animals in the second degree if 15 the person 16 (1) knowingly inflicts severe physical pain or prolonged suffering on 17 an animal; 18 (2) with criminal negligence, fails to provide proper food, water, 19 shelter, or other care for an animal [AND, AS A RESULT, CAUSES THE DEATH 20 OF THE ANIMAL OR CAUSES SEVERE PHYSICAL PAIN OR PROLONGED 21 SUFFERING TO THE ANIMAL]; or 22 (3) intentionally abandons an animal under circumstances creating 23 a substantial risk of physical injury or death to the animal [KILLS AN ANIMAL 24 BY THE USE OF A DECOMPRESSION CHAMBER]. 25 * Sec. 4. AS 11.61.140(d) is amended to read: 26 (d) Cruelty to animals in the second degree is a class A misdemeanor. The 27 court may also 28 (1) require the forfeiture of all animals owned by the defendant to 29 the state; 30 (2) require the defendant to reimburse the state or a person 31 providing care or treatment for animals owned or cared for by the defendant;

01 and 02 (3) limit the defendant's ownership, possession, or custody of 03 animals. 04 * Sec. 5. AS 47.17.020(a) is amended to read: 05 (a) The following persons who, in the performance of their occupational 06 duties, or with respect to (8) of this subsection, in the performance of their appointed 07 duties, have reasonable cause to suspect that a child has suffered harm as a result of 08 child abuse or neglect shall immediately report the harm to the nearest office of the 09 department: 10 (1) practitioners of the healing arts; 11 (2) school teachers and school administrative staff members of public 12 and private schools; 13 (3) peace officers and officers of the Department of Corrections; 14 (4) administrative officers of institutions; 15 (5) child care providers; 16 (6) paid employees of domestic violence and sexual assault programs, 17 and crisis intervention and prevention programs as defined in AS 18.66.990; 18 (7) paid employees of an organization that provides counseling or 19 treatment to individuals seeking to control their use of drugs or alcohol; 20 (8) members of a child fatality review team established under 21 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 22 under AS 47.14.300; 23 (9) a person who has a duty under state law or municipal ordinance 24 to investigate animal cruelty, abuse, or neglect.