Legislature(1997 - 1998)
03/03/1998 03:40 PM Senate STA
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* first hearing in first committee of referral
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SENATE STATE AFFAIRS COMMITTEE
March 3, 1998
3:40 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-Chairman
Senator Jerry Mackie
Senator Jim Duncan
MEMBERS ABSENT
Senator Mike Miller
COMMITTEE CALENDAR
SENATE BILL NO. 309
"An Act relating to the use of force by peace officers and
correctional officers."
- MOVED SB 309 OUT OF COMMITTEE
SENATE BILL NO. 284
"An Act relating to cruelty to animals."
- MOVED SB 284 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 38
Relating to the bombardment of the village of Angoon.
- MOVED SJR 38 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 309 - See State Affairs minutes dated 2/26/98.
SB 284 - No previous action to report.
SJR 38 - No previous action to report.
WITNESS REGISTER
Senator Dave Donley
State Capitol
Juneau, Ak 99801-1182
POSITION STATEMENT: Sponsor of SB 284
Mr. Bill Godek
Kenai Animal Control
210 Fidalgo #200
Kenai, Ak 99611
POSITION STATEMENT: Supported SB 284
Mr. Harvey Baskin
PO Box 877306
Wasilla, Ak 99687
POSITION STATEMENT: Supported SB 284
Dr. Berton Gore
500 S. Alaska Suite A
Palmer, Ak 99645
POSITION STATEMENT: Commented on SB 284
Mr. Herb Simon
HCO 3, Box 8591
Palmer, Ak 99645
POSITION STATEMENT: Commented on SB 284
Mr. Bob Franklin
Alaska Farm Bureau
PO Box 75184
Fairbanks, Ak 99707-5184
POSITION STATEMENT: Supported SB 284
Ms. Anne Carpeneti
Department of Law
PO Box 110300
Juneau, Ak 99811-0300
POSITION STATEMENT: Commented on SB 284
ACTION NARRATIVE
TAPE 98-11, SIDE A
Number 001
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 3:35 p.m. and brought up SB 309.
SB 309 - USE OF NONLETHAL AND DEFENSIVE WEAPONS
CHAIRMAN GREEN said the first order of business would be rescinding
the committee's action on passage of SB 309.
SENATOR MACKIE made a motion to rescind the committee's action in
moving SB 309. Without objection, it was so ordered and the bill
was before the committee.
SENATOR MACKIE made a motion to rescind their action in adopting
amendment #1, changing "guard" to correctional officer as it was
inconsistent with the drafting of the bill. Without objection, it
was so ordered and the amendment, offered by SENATOR MACKIE was
once again before them. SENATOR MACKIE withdrew the amendment.
SENATOR MACKIE then moved SB 309 out of committee with individual
recommendations. Without objection, it was so ordered.
SB 284 - CRUELTY TO ANIMALS
SENATOR DAVE DONLEY, sponsor of SB 284, came forward to present his
bill.
SENATOR WARD moved the adoption of a committee substitute for SB
284. Without objection, it was so ordered.
SENATOR DAVE DONLEY explained the bill makes it easier to prosecute
existing crimes of cruelty to animals. SENATOR DONLEY said SB 284
does not criminalize anything new but only simplifies the
prosecution of existing crimes by changing the standards of proof
required in such cases. He indicated that the bill changes
"intentionally" to "knowingly", as well as requiring only "severe"
or "prolonged suffering" of an animal, and not both. SENATOR DONLEY
said also "reckless neglect" is changed to "criminal negligence,"
but stressed that the bill will not result in more prosecutions,
only an increased ability for prosecutors to obtain convictions for
existing crimes. SENATOR DONLEY also said the bill alleviates
concerns that the bill would criminalize additional procedures by
clearly stating that accepted veterinary and animal husbandry
practices are legal.
SENATOR MACKIE asked if this bill would affect an Iditarod musher
in the case of a dog's death and SENATOR DONLEY repeated that
nothing currently legal would become illegal under this bill, SB
284 only regards the standard of proof used for prosecution.
SENATOR DONLEY did acknowledge a letter of support from a mushing
organization for the bill. SENATOR MACKIE said his concern was that
knowingly is a much lower standard than intentionally. SENATOR
DONLEY said he is not aware of any Alaskan musher who has been
prosecuted under the existing law and again repeated that no one
who was not prosecuted under the existing law would be prosecuted
under this new law.
CHAIRMAN GREEN asked if there is currently an exemption for mushing
and if SENATOR DONLEY believed it would be appropriate to include
one in this bill. SENATOR DONLEY said he would have no objection to
such an exemption and believes there are strict standards within
the sporting community itself.
CHAIRMAN GREEN suggested inserting the word "mushing" after the
word hunting in the list of activities in the bill.
SENATOR MACKIE asked why the last version dropped the term ranching
and CHAIRMAN GREEN replied that the words animal husbandry had been
substituted and because it is an equivalent, more easily defined
phrase. SENATOR DONLEY agreed.
MR. HERB SIMON, a farm owner and operator from Nalchina and
president of the Alaska Livestock Producers Co-op, testified that
he has a copy of the committee substitute and sees no problem with
it.
MR. BOB FRANKLIN, president of the Alaska Farm Bureau, also has no
problem with the recent changes and believes the farm community
generally supports the bill.
MR. BILL GODEK, representing Kenai animal control, said this is a
good, streamlined bill and thinks the language will really help
juries. He indicated that his support also for the language changes
and the inclusion of mushing.
MR. HARVEY BASKIN testified via teleconference from Mat-Su. MR.
BASKIN said he likes the intent as well as the bill itself. He
asked, in case an abuse is alleged, who would be the person to
investigate. MS. ANNE CARPENETI, representing the Department of
Law, assumed it would be someone from the community such as an
animal control officer or a state trooper. SENATOR MACKIE said he
believed the concern was that animal rights' groups would be
investigating, but stated this would not be the case. CHAIRMAN
GREEN added that different communities would have different
responses.
MR. BASKIN said regardless of who the investigator is, they need to
have some expertise since someone's freedom may be on the line.
MR. BERT GORE, a veterinarian, testified via teleconference from
Mat-Su. MR. GORE voiced some concerns he had heard from the farms
he works with. He believed that some of the daily operations of
dairies can be seen from the road system and might be construed as
cruelty. MR. GORE said farmers were concerned that a complaint
might be investigated by an animal rights group unfamiliar with
routine farm practices. He also commented that the troopers do not
have an adequate farm background. Since they would conduct
investigations in unorganized boroughs, he has generally been
called upon to provide expert testimony. He suggested including a
provision in the bill about who will conduct these investigations
in the unorganized areas in the state.
MR. HARVEY BASKIN repeated his support for the bill and the new
language in it. DR. GORE agreed.
SENATOR DONLEY asked MS. CARPENETI for her opinion on the change in
language and she replied that the Department supports the change in
paragraph A regarding the culpable mental state.
SENATOR WARD asked if the old Dutch pig farm, where the pigs never
actually touched the ground, would be considered cruelty to
animals. SENATOR DONLEY replied that would be considered an animal
husbandry practice.
CHAIRMAN GREEN asked if there was any way they could address HARVEY
BASKIN's concern and SENATOR DONLEY said the existing law is the
same and currently the troopers rely on expert testimony from MR.
GORE and he feels this is appropriate. MR. GORE explained that in
his investigations in unorganized boroughs, he writes up the
deficiencies he finds in a facility, along with a correction plan
and does a follow up to check progress on the corrections before
negligence charges are filed. He said it is a long process that
would be better expedited.
MR. HERB SIMON expressed that his interpretation of the committee
substitute implies that no one less than a veterinarian would be
qualified to determine if a condition met the standards set out in
the bill. CHAIRMAN GREEN reminded him that the bill read veterinary
or animal husbandry practices. MR. SIMON argued that a veterinarian
would be the expert and the troopers would not. SENATOR MACKIE said
this issue can't be legislated. He said it is incumbent upon law
enforcement to provide expert testimony when necessary and as
currently happens in the investigation of all types of crimes.
CHAIRMAN GREEN thinks the concern is that farmers might be under
unnecessary review and she would want to fix that if appropriate.
SENATOR DONLEY agreed with SENATOR MACKIE that the troopers will
seek expertise in areas when it is necessary.
CHAIRMAN GREEN asked again about including mushing on page 2 of the
bill.
MR. GORE clarified that animal control officers perform
investigations in the organized boroughs within the state. CHAIRMAN
GREEN asked if he thought the bill allows for better evaluation and
resolution and MR. GORE replied that the new terms will make it
easier for those who investigate allegations. CHAIRMAN GREEN then
asked if the bill provides enough protection for ranchers and MR.
GORE replied he did.
MR. HARVEY BASKIN commented that good animal husbandry is defined
in textbooks and he did not see the necessity for a veterinary
opinion in most cases.
SENATOR MACKIE moved the inclusion of: ", mushing, " on page 2,
line 1. SENATOR DUNCAN objected to say, according to the letter
submitted by the organization Mush With Pride, no specific
exemption is required in the bill. SENATOR DUNCAN also believed
that mushing is already protected. SENATOR MACKIE withdrew his
amandment.
SENATOR MACKIE then moved SB 284 out of committee with individual
recommendaitons. Without objection, it was so ordered.
SJR 38 - APOLOGY TO VILLAGE OF ANGOON
SENATOR MACKIE, sponsor of SJR 38, presented the resolution as a
means to bring closure to a painful incident in the history of
Angoon. On October 26, 1882 a naval bombardment destroyed the
village. This attack was the result of a dispute between the
village and a whaling company over the accidental death of a tribal
member in the company's employ. The village and it's food stores
were shelled and burned, causing widespread death and distruction.
SENATOR MACKIE expressed the opinion of elders in the community
that a simple apology by the federal government would bring closure
to the incident and redress longstanding feelings of victimization
and disrespect. The resolution requests that President Clinton
issue an apology to the people of Angoon. SENATOR MACKIE added that
Angoon is one of the most culturally traditional village in the
state and still deeply feels the effects of this incident.
MR. LEONARD JOHN, member of the Kootznoowoo Tribal Corporation,
reported that the village was elated when they heard about this
resolution. He reflected that 100 years is a long time to carry
these memories and the heartache from this incident. He told of how
the community and his family remembers the incident to this day and
said he hopes for the resolution to bring closure.
SENATOR WARD moved SJR 38 out of committee with individual
recommendations. Without objection, it was so ordered. With no
further business to come before the committee, they were adjourned.
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