Legislature(2003 - 2004)

04/26/2004 08:45 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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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