Legislature(2003 - 2004)

05/03/2004 08:17 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          CSHB 275(FIN)-ANIMALS AND CRUELTY TO ANIMALS                                                                      
                                                                                                                                
REPRESENTATIVE MIKE  CHENAULT, sponsor, deferred to  his staff to                                                               
present the bill.                                                                                                               
                                                                                                                                
CHAIR SEEKINS  noted that he  is the  Vice Chairman of  the State                                                               
Policy Committee  of the American Quarter  Horse Association. One                                                               
of  his duties  is the  continuous evaluation  of animal  cruelty                                                               
laws across the country, particularly as they apply to equines.                                                                 
                                                                                                                                
MS.  SHARALYN  WRIGHT,  staff to  Representative  Chenault,  told                                                               
members this legislation  is the result of hard work  done on the                                                               
House side  with many participants.  The issue of  animal cruelty                                                               
arose four  years ago after  several incidents of  animal cruelty                                                               
came to  light. This  bill aligns  Alaska law  with laws  in some                                                               
other states.  Current Alaska statute  has very  few applications                                                               
to  animal cruelty  so  prosecuting cases  of  animal cruelty  is                                                               
difficult. It is  not the sponsor's intent  that this legislation                                                               
affect livestock  or dog mushing.  It is the sponsor's  intent to                                                               
stop animal cruelty at its worst.                                                                                               
                                                                                                                                
CHAIR SEEKINS took public testimony.                                                                                            
                                                                                                                                
MS. CHRIS  HEINZE, a Kenai  Peninsula farmer, stated  support for                                                               
CSHB  275(FIN). She  informed members  that she  has been  taking                                                               
care of unwanted and abused animals  for many years and that many                                                               
people on the  Kenai Peninsula are tired of seeing  the abuse and                                                               
cruelty of animals there.                                                                                                       
                                                                                                                                
MS. ETHEL CHRISTIANSEN, director and  founder of the Alaska SPCA,                                                               
stated  support  for CSHB  275(FIN)  and  said  it will  be  very                                                               
important for her community.                                                                                                    
                                                                                                                                
MS.  SALLY CLAMPITT,  President of  Alaska Equine  Rescue, stated                                                               
strong  support for  CSHB  275(FIN) because  it  is sensible  and                                                               
provides  parameters and  details.  The current  statute is  very                                                               
hard to enforce;  CSHB 275(FIN) will make  prosecution easier for                                                               
the district attorney.                                                                                                          
                                                                                                                                
CHAIR SEEKINS said  he wants to see a penalty  for abuse put into                                                               
law but  wants to  maintain the ability  to euthanize  an animal.                                                               
This legislation  allows a licensed veterinarian  to make certain                                                               
determinations.                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT referred  to the language on page  4, line 29,                                                               
and  expressed  concern  that  some  ethnic  groups  eat  certain                                                               
domesticated animals.                                                                                                           
                                                                                                                                
MS.  WRIGHT said  that  the House  Labor  and Commerce  Committee                                                               
inserted that language.                                                                                                         
                                                                                                                                
SENATOR  THERRIAULT  felt  the   bill  should  acknowledge  other                                                               
culture's food sources. He then  referred to the language on page                                                               
4, line 28, and asked for an explanation.                                                                                       
                                                                                                                                
MS.  WRIGHT  said  that  the  prohibition  against  decompression                                                               
chambers  is current  law because  that  is an  inhumane form  of                                                               
euthanasia.                                                                                                                     
                                                                                                                                
SENATOR FRENCH referred  to lines 20-21 on page 6  and asked what                                                               
is meant by securing an animal in the back of a vehicle.                                                                        
                                                                                                                                
MS. WRIGHT  said last  year she was  driving on  Kalifonsky Beach                                                               
road when  a dog fell out  of the back  of a truck and  landed in                                                               
front of  her vehicle.  She had  the choice  of having  a head-on                                                               
collision with another  car, hitting the dog, or  swerving into a                                                               
gas station.  She said securing  a dog is  a matter of  tying the                                                               
dog with a short rope or leash inside the back of the truck.                                                                    
                                                                                                                                
SENATOR  FRENCH questioned  whether  that  requirement should  be                                                               
restricted  to  highways  or  streets and  not,  for  example,  a                                                               
vehicle driving along a beach.                                                                                                  
                                                                                                                                
CHAIR SEEKINS agreed with Senator French.                                                                                       
                                                                                                                                
REPRESENTATIVE  CHENAULT  pointed  out that  some  municipalities                                                               
have  ordinances  requiring  animals  to  be  secured  inside  of                                                               
vehicles.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS  questioned the language  on lines 18-19 of  page 6                                                               
and said  it would  raise the  hackles of  members of  the Alaska                                                               
Trappers Association.                                                                                                           
                                                                                                                                
MS. WRIGHT  said this bill  allows for commercial  or subsistence                                                               
trapping.                                                                                                                       
                                                                                                                                
SENATOR FRENCH cited lines 25-26 of the same page.                                                                              
                                                                                                                                
CHAIR  SEEKINS  said a  person  could  be charged  with  unlawful                                                               
trapping  under that  language so  the person  would be  burdened                                                               
with the defense for lawful trapping.                                                                                           
                                                                                                                                
SENATOR FRENCH agreed.                                                                                                          
                                                                                                                                
CHAIR  SEEKINS  suggested  rewording   that  section  so  that  a                                                               
legitimate trapper would not have to defend himself in court.                                                                   
                                                                                                                                
SENATOR THERRIAULT  questioned why  that section was  not written                                                               
to address  people with  the sole purpose  of snaring  a domestic                                                               
animal since trapping a wild animal is allowed.                                                                                 
                                                                                                                                
SENATOR FRENCH suggested the phrase,  "intentionally sets a steel                                                               
jaw, leg  hold snare, spring or  similar trap for the  purpose of                                                               
injuring or killing a dog or cat or domestic animal."                                                                           
                                                                                                                                
TAPE 04-59, SIDE B                                                                                                            
                                                                                                                                
CHAIR SEEKINS said that section could be worked on.                                                                             
                                                                                                                                
SENATOR FRENCH commented  that he agrees with the  purpose of the                                                               
bill and  is interested in  moving it out of  committee, however,                                                               
his only  concern is  that the requirement  to secure  animals in                                                               
the back of pick-up trucks be restricted to highways.                                                                           
                                                                                                                                
CHAIR SEEKINS agreed. He then  referred to the section pertaining                                                               
to  care  of  animals  on  page  1  and  said  that  could  be  a                                                               
potentially inflammatory section depending  on who interprets it.                                                               
He  said  he realizes  the  determination  is  to  be made  by  a                                                               
veterinarian  but said  people's  standards  differ and  although                                                               
some  standards might  be acceptable  from a  health perspective,                                                               
others might  find those standards objectionable.  His concern is                                                               
that if  a police  officer investigates a  case of  animal abuse,                                                               
the police  officer be required to  at least make contact  with a                                                               
veterinarian before any  animals are confiscated so  that a well-                                                               
intentioned  but  overzealous  person  does not  make  the  wrong                                                               
decision.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  CHENAULT  pointed  out   that  to  get  a  search                                                               
warrant, one  must show  probable cause.  The bill  also contains                                                               
the phrase, "if  warranted" so that just because  a complaint was                                                               
filed and a  judge issued a search warrant, an  officer would not                                                               
automatically  have to  take the  animals into  custody. He  said                                                               
although egregious  cases of abuse  are obvious,  police officers                                                               
are not trained in animal cruelty.                                                                                              
                                                                                                                                
CHAIR SEEKINS said  he wonders if prior to seizure  of an animal,                                                               
some consultation with  a veterinarian be required.  He felt that                                                               
would make for a better prosecutorial case.                                                                                     
                                                                                                                                
SENATOR FRENCH  thought only the  most egregious cases  would get                                                               
attention because  state troopers must prioritize  their work and                                                               
an animal abuse case may fall low on the list.                                                                                  
                                                                                                                                
REPRESENTATIVE  CHENAULT  said  that  is true  but  if  they  are                                                               
required to take a look, he  wants them to make the best decision                                                               
possible.  He said  he  personally  has no  problem  if a  police                                                               
officer makes contact, at a minimum, with a veterinarian.                                                                       
                                                                                                                                
CHAIR SEEKINS said  that is why he is suggesting  that the police                                                               
officer consult with a veterinarian  as soon as possible. He then                                                               
announced that he  would hold the bill for further  review of the                                                               
aforementioned issues.                                                                                                          
                                                                                                                                
SENATOR THERRIAULT  specified those  issues are:  the consumption                                                               
of domesticated animals by certain  cultures; legal trapping; and                                                               
securing a pet in a vehicle.                                                                                                    

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