04/03/1996 02:35 PM Senate CRA

 Number 120                                                                    
                CSHB 386(JUD) CRUELTY TO ANIMALS                              
                                                                              
 SENATOR TORGERSON brought CSHB 386(JUD) before the committee as the           
 final order of business.                                                      
                                                                               
  REPRESENTATIVE BEN GRUSSENDORF , prime sponsor of the legislation,           
 said a problem was brought to his attention relating to the                   
 treatment of animals, and the bill was introduced in response to              
 concerns expressed by constituents regarding the difficulty of                
 prosecuting cases which involve cruelty to animals.                           
                                                                               
 Representative Grussendorf explained the bill doesn't change what             
 can legally be done right now or what is illegal to do.  It simply            
 changes some standards and allows the borough to adopt an ordinance           
 to prohibit cruelty to animals.                                               
                                                                               
 The main change in Section 1 is changing "intentionally" to                   
 "knowingly" which lowers the state of mind the state must prove in            
 prosecuting a case.  This would help in cases of starving animals.            
 An owner's actions may not have been intentional, but a reasonable            
 person would "know" that a lack of food results in a starving                 
 animal.  It also lowers the criminal standard by changing                     
 "recklessly" to  "with criminal negligence," which would mean gross           
 deviation from a standard of care that a reasonable person would              
 observe.                                                                      
                                                                               
 Section 2 gives the boroughs the authority to adopt an ordinance.             
                                                                               
 Number 180                                                                    
                                                                               
  BILL WARD , testifying from the Kenai LIO, stated he has an                  
 agricultural operation on the Kenai Peninsula, and his concern is             
 with turning some of this responsibility over to borough staff                
 people who may not be qualified to interpret what is proper care of           
 agricultural animals.  Right now, the state veterinarian's office             
 and the Division of Agriculture hold that responsibility, and he              
 believes they are qualified and should remain the oversight on                
 proper care of agricultural animals.  He agrees with the original             
 intent of the legislation to take care of pets and other companion            
 animals where people may not be in the professional business of               
 raising livestock.                                                            
                                                                               
 Number 428                                                                    
                                                                               
  SENATOR TORGERSON  related that amendments have been drafted that            
 will address Mr. Ward's concern.                                              
                                                                               
 Representative Grussendorf explained one of the amendments                    
 fortifies accepted veterinarian practice by adding "animal                    
 husbandry," but he assured Mr. Ward that the proposed legislation             
 would not affect any of his current practices.                                
                                                                               
 SENATOR TORGERSON stated because the committee lacked a quorum, the           
 bill and proposed amendments would be held over until the next                
 meeting of the committee.