Legislature(2003 - 2004)
05/03/2004 08:17 AM Senate JUD
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* first hearing in first committee of referral
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= 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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