04/30/2002 03:08 PM House FIN

HOUSE BILL NO. 489                                                                                                            
                                                                                                                                
     "An Act relating to cruelty to animals."                                                                                   
                                                                                                                                
REPRESENTATIVE  MIKE CHENAULT, SPONSOR,  spoke in  support of                                                                   
the legislation.  He pointed out  that it is well  documented                                                                   
that  animal abuse  is a  precursor to  child abuse.  Studies                                                                   
suggest that if  animal cruelty is identified  and treated as                                                                   
a juvenile problem that a great  deal of adult domestic abuse                                                                   
could be  avoided. The legislation  would allow  a prosecutor                                                                   
to charge a person  with cruelty for each animal  found to be                                                                   
neglected  or abused.  The legislation  encourages courts  to                                                                   
mandate behavioral  counseling and makes it a  duty to report                                                                   
abuse to  an authority, while  holding harmless a  person who                                                                   
in good faith makes the report.                                                                                                 
                                                                                                                                
Representative  Chenault  noted   that  the  legislation  was                                                                   
modified in  previous committees.  He expressed concern  with                                                                   
the Department of Corrections'  indeterminate fiscal note. He                                                                   
pointed  out   that  cruelty   to  animals  would   remain  a                                                                   
misdemeanor  and  did  not  think  that  it  would  cost  the                                                                   
department to implement the policy.                                                                                             
                                                                                                                                
SUE   WRIGHT,  STAFF,   REPRESENTATIVE   CHENAULT,   provided                                                                   
information on the fiscal cost.  She observed that there have                                                                   
been no added  costs that they could determine  to the states                                                                   
that have implemented  similar policies. She  noted that only                                                                   
extreme cases  would trigger the  provision, such as  the one                                                                   
in Sterling,  where a women had  64 dogs, many of  which were                                                                   
frozen to  the ground. In  that case, under the  legislation,                                                                   
she could be  charged with 64 cases of animal  cruelty. Under                                                                   
the current law  she could only be charged with  a maximum of                                                                   
eight counts of animal cruelty.                                                                                                 
                                                                                                                                
Vice-Chair   Bunde  questioned   if  the  legislation   would                                                                   
negatively  impact  Alaskan  kennels  that  operate  under  a                                                                   
reasonable  standard. Representative  Chenault  noted it  was                                                                   
not  the intent  of the  legislation to  interfere with  dog-                                                                   
mushing activities  or farm practices. He explained  that the                                                                   
animal  control   staff  would  make  the   determination  of                                                                   
cruelty.                                                                                                                        
                                                                                                                                
Representative Lancaster  MOVED to report CSHB  489 (JUD) out                                                                   
of Committee with  the accompanying fiscal note.  There being                                                                   
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
CSHB  489 (JUD)  was REPORTED  out  of Committee  with a  "do                                                                   
pass"  recommendation  and  with   two  previously  published                                                                   
fiscal notes: COR #1 and LAW #2.