Legislature(2003 - 2004)
04/26/2004 08:45 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 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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