05/02/1996 11:30 AM Senate FIN

                                                                               
  CS FOR HOUSE BILL NO. 386(JUD)                                               
                                                                               
       An Act relating to cruelty to  animals and to the power                 
       of first and second class  boroughs to prohibit cruelty                 
       to animals.                                                             
                                                                               
  Senator  Phillips  noted  that  both he  and  Representative                 
  Grussendorf  introduced  legislation  on  the  same  subject                 
  matter and  subsequently worked together in development of a                 
  draft SCS  CSHB 386  (9-LS1203\O, Luckhaupt,  5/2/96).   Co-                 
  chairman Frank said  the committee would hear  testimony but                 
  would not move the bill at this time.                                        
                                                                               
  TERRI TIBBETT, aide to Representative Grussendorf, explained                 
  that the bill lowers the criminal standard by which a person                 
  may  be prosecuted for acts of neglect  or cruelty.  It also                 
  gives first  and second  class boroughs  authority to  enact                 
  ordinances to prohibit  cruelty to  animals, and it  exempts                 
  commercial  farm   animals  and   commercial  farmers   from                 
  municipal  regulation.  It further provides the Commissioner                 
  of the  Dept. of  Environmental Conservation  the option  to                 
  regulate commercial  farm animals and commercial farmers, if                 
  he or she chooses.                                                           
                                                                               
  In response to an inquiry from  Senator Rieger,  Ms. Tibbett                 
  directed  attention to  the definition  of "commercial  farm                 
  animal" and "commercial  farmer" set forth at Page  2, lines                 
  22 through 28.                                                               
                                                                               
  Co-chairman Frank  inquired regarding concerns  expressed by                 
  dog  mushers  and  trappers.    Ms. Tibbett  explained  that                 
  trappers  presently   have  a  defense   to  prosecution  in                 
  statutes.  It ties the defense  to the fact that the conduct                 
  was necessarily  incident  to  lawful  hunting  or  trapping                 
  activities.    Mushers  also  have  a statutory  defense  in                 
  language that says  that "It is  a defense to a  prosecution                 
  that  the  conduct of  the  defendant conformed  to accepted                 
  veterinary practices."  Ms. Tibbett  advised that members of                 
  "Mush  with  Pride," a  group  that provides  guidelines and                 
  standards  of  care  for  mushers,  indicated  members  felt                 
  protected under current statute AS 11.61.140.                                
                                                                               
  Co-chairman Frank asked if the proposed  bill does more than                 
  merely   grant  powers  to   municipalities.    Ms.  Tibbett                 
  explained that the bill would not give nor take away rights,                 
  except for  provisions relating  to first  and second  class                 
  boroughs.   The bill  primarily lowers the criminal standard                 
  by which  people may  be prosecuted  to make  it easier  for                 
  prosecutors.    Co-chairman Frank  voiced  his understanding                 
  that  was   accomplished  by  changing   "intentionally"  to                 
  "knowingly," the latter of  which is a lower standard.   Ms.                 
  Tibbett concurred, advising of a change from "recklessly" to                 
  "with criminal negligence" in relation to criminal  neglect.                 
                                                                               
                                                                               
  Discussion followed regarding composition of the  "Mush with                 
  Pride" group.                                                                
                                                                               
  DAN  LASOTA,   Fairbanks  Assemblyman,   next  came   before                 
  committee.  He explained that the assembly had been tracking                 
  the bill since  inception, due  to the  fact that  Fairbanks                 
  finds itself in the  unusual position of only being  able to                 
  examine cases  of animal  cruelty relating to  dogs and  not                 
  other kinds of animals.  That  results from a varied history                 
  of  voter-approved and  legislatively  granted powers.   The                 
  assembly asked that the  legislature, through resolution, do                 
  something similar to  what is  accomplished by the  proposed                 
  bill.    The  current  draft  clarifies  the  situation  for                 
  farmers.                                                                     
                                                                               
  Co-chairman Frank directed that SCS CSHB 386 be held pending                 
  Co-chairman Halford's return to the meeting.  Senator Donley                 
  MOVED  for  adoption of  SCS  CSHB  386 (version  "O")  as a                 
  working document.  No objection having been raised, SCS CSHB
 (Fin) was ADOPTED.