Legislature(2003 - 2004)
04/26/2004 08:45 AM House FIN
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* first hearing in first committee of referral
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HOUSE BILL NO. 275
An Act relating to veterinarians and animals.
REPRESENTATIVE MIKE CHENAULT, SPONSOR, stated that the
Committee would be working from the House Judiciary version
of the legislation.
SUE WRIGHT, STAFF, REPRESENTATIVE MIKE CHENAULT, noted that
two years ago in Sterling, State Troopers, animal rescuers,
veterinarians and office staff witnessed the worst case of
mass animal cruelty in Alaska. Dozens of dogs, some frozen
to the ground, but still alive, were found on a parcel of
land in the Sterling area. Some were locked in an abandoned
bus, some tied to trees and stakes. Recently, police
officer stopped a drunk driver who had his dog tied to the
bumper of his truck. She commented that it is appalling to
find any human being capable of such horror. Many
individuals later convicted of grave crimes are found to
have seriously abused animals at some point in their lives.
Ms. Wright stressed that this is not an issue for partisan
politics, as most people either have pets or have memories
of childhood pets. She noted that learning the
responsibility of caring and providing for another living
being is an important part of becoming an adult.
Ms. Wright provided a sectional analysis of the legislation.
Representative Stoltze referenced Page 6, Lines 12 & 13, and
asked how the provision would affect trapping.
Additionally, he asked if "the defense to a prosecution
under (a)(3)" was the highest threshold of defense. He
wanted to make sure that the legislation would not create
problems for trappers. Ms. Wright responded that the
concern had been discussed with trappers, statewide. She
noted that the intent of the legislation is not to interfere
with commercial trapping.
Representative Stoltze questioned if the Alaska Trapper's
Association had endorsed the legislation. Ms. Wright did
not know if it had been endorsed, but indicated that the
office had worked a long time on the language.
Representative Stoltze pointed out that there is a formal
organization of trappers and that he wanted to know their
stand on the issue.
Representative Joule referenced subsistence trapping. He
understood that the bill was aimed at pets and not wild
animals and recommended that language be added specifically
indicating pets.
Representative Fate echoed concern regarding how the
legislation would affect dog mushers and the fact that
shelter is often not offered along the racing areas. He
inquired if input had been received from that group. Ms.
Wright commented that during the past four years, their
office had worked with both trappers and dog mushers and
that it comes down to a practical interpretation of the law.
The bill attempts to affect only domestic animals.
ETHYL CHRISTENSEN, (TESTIFIED VIA TELECONFERENCE), ALASKA
SOCIETY FOR THE PROTECTION OF CRUELITY TO ANIMALS (SPCA),
ANCHORAGE, pointed out that the only dollar note is the one
from the Public Defender Agency in the Department of
Administration. She countered that the legislation would
save the State money, noting that currently, the courts do
not have the tools to adequately address these crimes.
Vice Chair Meyer inquired how many years had Ms. Christensen
worked with concerns regarding animals. Ms. Christensen
replied that she started the work in 1966.
Vice Chair Meyer referenced Page 6, Line 14, and the cruelty
and unsecured animals in pick-up trucks. He pointed out
that happens a lot throughout the State. Ms. Christensen
commented that it is happening less now and that it is no
longer legal in Anchorage and hoped that more people would
soon be paying close attention to that.
Vice Chair Meyer inquired if Ms. Christensen would like to
see that provision continued to be implemented. Ms.
Christensen responded that she would, as unsecured dogs in
pickups can be a traffic hazard. She concluded testimony
that in Anchorage in 1977 and 1978, the SPCA was killing
1,100 dogs and cats a year; now the average is 183. Vice
Chair Meyer commented that the goal should be that the
shelters are putting down no animals.
RONNIE ROSENBERG, (TESTIFIED VIA TELECONFERENCE), PRESIDENT,
FAIRBANKS ANIMAL SHELTER FUND, FAIRBANKS, discussed the need
for enhanced protection of animals. She indicated that the
shelters support including mandatory reports, to Section 5,
Page 7. Ms. Rosenberg commented that they were disappointed
that the penalty provision for serious abusers had been
removed. She added that it would be a big mistake to exempt
sled dogs and requested that language be added to address
those animals.
Ms. Rosenberg addressed the concern with dogs in pick up
trucks, noting it was in the Title VI portion of the borough
code. The provision works well. She urged that the bill be
passed from Committee and that serious abusers be prosecuted
under a felony statute.
Representative Stoltze questioned who enforces the borough
code. Ms. Rosenberg responded that animal control officers,
who have the authority to issue citations enforce it and
that most people accept that. She added that their group
attempts to educate the public.
Representative Fate referenced Page 2, Lines 18-25, and the
language "somebody who believes that there has been animal
cruelty may file a complaint and may apply for a search
warrant". He thought that language was "murky". Ms.
Rosenberg responded that most complaints to law enforcement
come via a citizen complaint rather than law enforcement out
patrolling. If someone calls in, the officer then has a
duty to do an investigation before it can go any further.
In order to get a search warrant, the officer has to go
before the judicial officer and establish grounds for the
warrant. Ms. Rosenberg pointed out that she did not see the
troopers, registering all the complaints that come in
regarding domestic circumstances. The troopers are used to
responding to complaints about abuse to children and others
and they are well trained in how to respond.
Representative Fate questioned if a complaint could be based
upon a "belief" or would the person filing that complaint
need evidence to support it. Ms. Roseburg advised that
there must be evidence or the Court would not be willing to
issue a warrant.
Co-Chair Williams interjected that the bill would not be
moved from Committee at this time. He requested that the
Committee only take public testimony at this meeting.
CHRISTINE HEINTZ, (TESTIFIED VIA TELECONFERENCE), VOLUNTEER,
ALASKA EQUINE RESCUE, KENAI, testified strong support for
the bill. She questioned how the note from the Alaska
Public Defender had been determined.
SHANA ANDERSON, (TESTIFIED VIA TELECONFERENCE), ANIMAL
CONTROL OFFICIER, SHELTER MANAGER, VALDEZ, referenced Page
2, Lines 11-30, defining who has the authority to determine
what is "cruelty" and to investigate and prosecute the
cruelty. She asked if animal control officers were included
in that.
TAPE HFC 04 - 97, Side B
Ms. Wright understood that animal control officers are
classified in the State of Alaska as Peace Officers and they
do have the authority to investigate. The bill does not
name animal control officers specifically.
Representative Chenault referenced Page 2, Line 18, which
addresses investigation of animal control complaints. Ms.
Anderson did not believe that the animal control officers
were considered peace officers. She stated that she
supports all the language defining what constitutes cruelty;
however, was concerned about areas in the State that do not
have any animal control and how the animal cruelty abides in
those places.
Ms. Anderson added that it is important to include language
regarding when prosecuting cases, animals are taken care of.
Sometimes, the animals are kept as evidence for as long as a
year and someone needs to pay for that service. She
stressed that asking for reimbursement from a county agency
is important. She thought that mandatory reporting was
something that animal control people should be doing. Ms.
Anderson reminded members that domestic violence usually
begins with animal cruelty. She added that the authority to
prosecute and investigate cruelty should not be taken away
from animal control officers as they are professionally
trained in that area.
Co-Chair Harris mentioned for the record that issues
relating to farm animals and livestock must be addressed.
HB 275 was HELD in Committee for further consideration.
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