Legislature(2011 - 2012)HOUSE FINANCE 519

03/15/2012 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ HB 301 SUNSET OF BOATING REGULATION TELECONFERENCED
Moved CSHB 301(FIN) Out of Committee
+ HB 245 SNOW CLASSIC TELECONFERENCED
Heard & Held
+ HB 179 ANIMAL CRUELTY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 179                                                                                                            
                                                                                                                                
     "An Act relating to cruelty to animals and making                                                                          
     failure to care for five or more animals in a single                                                                       
     continuous episode a class C felony."                                                                                      
                                                                                                                                
REPRESENTATIVE  BOB  LYNN,  SPONSOR, explained  HB  179.  He                                                                    
stated  that  over the  past  several  years animal  control                                                                    
officers had had  to rescue multiple animals at  one time in                                                                    
the Mat-Su  area. Troopers were issuing  search warrants for                                                                    
individuals  for   alleged  abuse.   Cases  of   abuse  were                                                                    
shocking, ant the bill worked to  make five or more cases of                                                                    
abuse a  class C  felony. The bill  would provide  a helpful                                                                    
tool for prosecutors. He believed  the gravity of the charge                                                                    
should reflect  the gravity of  the situation. He  was clear                                                                    
that the legislation did not  affect mushers who did a great                                                                    
job caring for their dogs.                                                                                                      
                                                                                                                                
9:47:34 AM                                                                                                                    
                                                                                                                                
MIKE SICA,  STAFF, REPRESENTATIVE  BOB LYNN, pointed  to the                                                                    
legislation.  Currently  under   statute  there  were  seven                                                                    
counts  of animal  abuse: three  class C  felonies and  four                                                                    
misdemeanors. He looked at page 1, line 8 of the bill:                                                                          
                                                                                                                                
     A person commits cruelty to  animals if the person with                                                                    
     criminal negligence,  fails to care for  an animal and,                                                                    
     as a result,  causes the death of the  animal or causes                                                                    
     severe  physical pain  or  prolonged  suffering to  the                                                                    
     animal.                                                                                                                    
                                                                                                                                
Mr. Sica looked  at page 2, line 11. The  following would be                                                                    
a class C misdemeanor within the legislation:                                                                                   
                                                                                                                                
     (If   the   animal   cruelty  occurs)   with   criminal                                                                    
     negligence,  contemporaneously fails  to care  for five                                                                    
     or more animals  and, as a result, causes  the death of                                                                    
     five or more animals or  causes severe physical pain or                                                                    
     prolonged suffering to five or more animals.                                                                               
                                                                                                                                
Mr.  Sica  spoke  to  the  indeterminate  fiscal  notes.  He                                                                    
pointed to a  "Stat Sheet" from the Department  of Law (DOL)                                                                    
displayed  the  number  of offenses  and  cases  related  to                                                                    
criminal negligent  animal cruelty  count 2 charge  (copy on                                                                    
file). He stated that the  numbers range from one charge and                                                                    
one defendant in 2008, to a  high of 62 charges and 12 cases                                                                    
in 2011. He  stated that the fiscal impact would  be zero or                                                                    
almost  zero.  He  stressed that  the  particular  crime  of                                                                    
animal cruelty was infrequent, high profile, and impactful.                                                                     
                                                                                                                                
9:52:07 AM                                                                                                                    
                                                                                                                                
PHIL  MORGAN, ANIMAL  CARE  MANAGER,  MAT-SU BOROUGH  ANIMAL                                                                    
SHELTER, PALMER (via  teleconference), thanked the committee                                                                    
for  its time.  He was  currently driving  to a  location to                                                                    
address  a situation  involving a  number of  dogs and  cats                                                                    
that had been  neglected. He pointed out that  work had been                                                                    
done on  the issue beginning  in 2009. Officers had  gone to                                                                    
the location  on a  regular basis between  2009 and  2010 to                                                                    
check on the  animals; the owners were  in financial trouble                                                                    
and officers  had checked on  the dogs recently,  which were                                                                    
found to be in a deplorable  state. He supported HB 179, and                                                                    
believed  it  would  help  to   enforce  the  issue.  Animal                                                                    
shelters needed  something substantial  to help  enforce the                                                                    
situation  and  he  believed   the  current  punishment  was                                                                    
woefully inadequate. The situations  were very stressful and                                                                    
costly  on  animal  shelter staff,  continued  to  get  more                                                                    
difficult.  He urged  the committee  for its  support of  HB
179.                                                                                                                            
                                                                                                                                
Co-Chair Stoltze  noted that he  had several  family members                                                                    
that volunteered  at the Mat-Su animal  shelter. He wondered                                                                    
whether the  proposed position was of  the shelter, borough,                                                                    
or personal.  Mr. Morgan replied  that if was  a combination                                                                    
of the borough manager, shelter, and personal position.                                                                         
                                                                                                                                
Representative Wilson  noted that  some people who  may have                                                                    
been  accused   of  animal   cruelty,  were   merely  facing                                                                    
financial  straits,  and   were  not  intentionally  harming                                                                    
animals.  She shared  a  story related  to  people who  were                                                                    
having  trouble   caring  for  animals,  because   of  their                                                                    
financial  situation. She  asked whether  the people  in the                                                                    
description  would  be charged  with  a  felony. Mr.  Morgan                                                                    
replied that  he had not  been to  the site to  provide more                                                                    
detail.  He remarked  that the  animal cruelty  charges were                                                                    
examined  carefully,  and  he would  need  more  information                                                                    
about the specific case.                                                                                                        
                                                                                                                                
Co-Chair  Stoltze   wondered  whether   there  was   a  non-                                                                    
judgmental  clause  that an  individual  could  drop off  an                                                                    
animal they  could no  longer care  for. Mr.  Morgan replied                                                                    
that no  judgment was passed  on people that  approached the                                                                    
shelter  for help.  He felt  the punishment  should fit  the                                                                    
crime.                                                                                                                          
                                                                                                                                
10:00:55 AM                                                                                                                   
                                                                                                                                
Representative  Neuman discussed  testimony that  people did                                                                    
not  understand the  gravity of  the  situation. He  thought                                                                    
that  people  could  get into  financial  distress  and  not                                                                    
understand  that  they  were  no longer  able  to  care  for                                                                    
animals. He wondered whether the punishment would                                                                               
                                                                                                                                
Mr. Morgan replied  that well minded people,  just wanted to                                                                    
help one  more animal. The  point was that after  people had                                                                    
been counseled and given other  options he did not know what                                                                    
else could be done.                                                                                                             
                                                                                                                                
Co-Chair  Stoltze discussed  that Anne  Carpeneti, Assistant                                                                    
Attorney  General, Legal  Services Section-Juneau,  Criminal                                                                    
Division,  Department of  Law would  address the  aspects of                                                                    
criminal negligence.                                                                                                            
                                                                                                                                
Mr. Morgan remarked that he  always wanted to understand the                                                                    
other  point of  view; however,  there  had to  be a  higher                                                                    
punishment once  it reached the  level of some of  the cases                                                                    
he had seen.                                                                                                                    
                                                                                                                                
10:04:59 AM                                                                                                                   
                                                                                                                                
KAYLA  EPSTEIN,  MEMBER,  ANCHORAGE ANIMAL  CONTROL  ADVISOR                                                                    
BOARD, had no desire to  make the issue an emotional appeal.                                                                    
The bill greatly addressed the  crime, she expressed support                                                                    
for  the HB  179.  She  pointed to  an  Anchorage case  that                                                                    
involved dogs,  cats, and birds.  The case had taken  over a                                                                    
year and had cost the  municipality over $77,000 to care for                                                                    
the  animals; once  criminal neglect  had been  proven, they                                                                    
were  able   to  remove  an   additional  55   animals.  The                                                                    
organization  believed that  the punishment  should fit  the                                                                    
crime.   She   urged   the  committee's   support   of   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Mr. Sica  pointed out that  he had discussed  animal cruelty                                                                    
with  Vice-chair Fairclough.  He stated  that the  issue was                                                                    
not related to  individuals who did not feed  their dogs for                                                                    
several days, they were cases  of severe neglect. He painted                                                                    
a sad picture  of animals impacted by  neglect. He discussed                                                                    
the public's level of outrage or scorn to fit the crime.                                                                        
                                                                                                                                
10:10:51 AM                                                                                                                   
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU, CRIMINAL DIVISION,  DEPARTMENT OF LAW, noted                                                                    
that the department did not have a position on the bill.                                                                        
                                                                                                                                
Representative Costello  asked what  the sentence  range was                                                                    
for a class  C felony. Ms. Carpeneti replied  that the range                                                                    
was zero to five years for a class C felony.                                                                                    
                                                                                                                                
Co-Chair  Stoltze   asked  Ms.  Carpeneti  to   provide  the                                                                    
statutory reference at a future hearing.                                                                                        
                                                                                                                                
Representative  Costello  wondered  what penalties  were  in                                                                    
other  states for  comparable offences.  Mr. Sica  responded                                                                    
that there were other states  that had tougher felonies, for                                                                    
even one count of animal cruelty.                                                                                               
                                                                                                                                
Representative Costello  asked whether  a person  could fall                                                                    
under the law if  dogs were loose and one got  hit by a car.                                                                    
Ms.  Carpeneti  responded  that   in  order  to  fall  under                                                                    
criminal  negligence it  depended on  the circumstance.  She                                                                    
supposed it  was possible  for a person  to be  charged, if,                                                                    
perhaps a person  let their dog out on a  busy street during                                                                    
rush hour in Anchorage.                                                                                                         
                                                                                                                                
Representative  Neuman  wondered  how  criminal  intent  was                                                                    
proven.  Ms.  Carpeneti  replied  that it  was  based  on  a                                                                    
person's responses,  behavior, and other factors.  She noted                                                                    
that a maximum fine for a class C felony was $50,000.                                                                           
                                                                                                                                
Representative  Neuman asked  if the  court would  determine                                                                    
criminal negligence.                                                                                                            
                                                                                                                                
10:14:53 AM                                                                                                                   
                                                                                                                                
Ms. Carpeneti  responded that she  had already  reported how                                                                    
the  courts  determined  criminal  negligence  according  to                                                                    
statute. She furthered that in  a case of animal cruelty the                                                                    
court  may look  at factors  related to  failure to  feed an                                                                    
animal, resources  available, what  the person was  doing at                                                                    
the  time.  The  department  was   ethically  bound  to  the                                                                    
requirement to prove negligence.                                                                                                
                                                                                                                                
Representative  Neuman  asked  for   the  definition  of  an                                                                    
animal. Ms. Carpeneti replied that  an animal was defined as                                                                    
an vertebrate that was not a fish.                                                                                              
                                                                                                                                
Representative  Neuman asked  where trapping  fell into  the                                                                    
law.  Ms.  Carpeneti  responded   that  the  animal  cruelty                                                                    
statute excluded  hunting and  conduct that  was necessarily                                                                    
incidental  to  lawful  fishing, hunting,  dog  mushing,  or                                                                    
trapping activities.                                                                                                            
                                                                                                                                
Co-Chair  Stoltze asked  about the  practice of  dog mushing                                                                    
and how  it fell under  the law. Ms. Carpeneti  replied that                                                                    
the  animal cruelty  prohibition  statute did  not apply  to                                                                    
generally  accepted dog  mushing, pulling  contests, rodeos,                                                                    
or stock contests.                                                                                                              
                                                                                                                                
Co-Chair  Stoltze pointed  to Bill  Maher  and remarks  made                                                                    
about dog mushing.                                                                                                              
                                                                                                                                
10:18:44 AM                                                                                                                   
                                                                                                                                
Vice-chair Fairclough asked how  the proposal was consistent                                                                    
with  other  parts  of state  statute  related  to  domestic                                                                    
violence,  sex trafficking,  or child  abuse. Ms.  Carpeneti                                                                    
responded that the  animal cruelty crime would be  a class C                                                                    
felony. She furthered that third  degree assault was a class                                                                    
C felony. She remarked  that most domestic violence assaults                                                                    
were  resolved  at  a class  A  misdemeanor,  fourth  degree                                                                    
assault level.                                                                                                                  
                                                                                                                                
Vice-chair  Fairclough  asked  what other  types  of  crimes                                                                    
qualified as  a class C  felony. Ms. Carpeneti  replied that                                                                    
example of class C felonies  were as follows: assault in the                                                                    
third  degree;   theft  of  $500   or  more;   larceny;  and                                                                    
possession of many serious drugs.                                                                                               
                                                                                                                                
Vice-chair  Fairclough  noted  that  at some  point  it  was                                                                    
necessary to change  the way things were  done. She wondered                                                                    
why it  was not  possible to  take the  animals away  from a                                                                    
person for neglect or abuse. She  believed it had to do with                                                                    
the  due process  and the  time  it took  to prosecute.  She                                                                    
asked if  there was  a different way  to solve  the problem.                                                                    
Ms.  Carpeneti  responded that  the  law  did allow  for  an                                                                    
animal to be  forfeited, and the person was  required to pay                                                                    
for the  care of  the animal.  She furthered  that it  was a                                                                    
class A  misdemeanor to  fail to care  for an  animal, under                                                                    
criminal  negligence.  The  law specifically  required  that                                                                    
each animal be considered separate.                                                                                             
                                                                                                                                
10:24:19 AM                                                                                                                   
                                                                                                                                
Vice-chair   Fairclough  wondered   whether   there  was   a                                                                    
different  way to  solve the  problem.  Ms. Carpeneti  added                                                                    
that another  provision in statute provided  that there were                                                                    
currently some tools available.                                                                                                 
                                                                                                                                
Representative  Edgmon  asked  whether  shooting  an  animal                                                                    
would be a misdemeanor. Ms.  Carpeneti replied that it would                                                                    
be no crime  at all, as long as prolonged  suffering was not                                                                    
inflicted.                                                                                                                      
                                                                                                                                
Representative Guttenberg asked about the definition of a                                                                       
musher. Ms. Carpeneti replied that there was no definition                                                                      
of musher in criminal law.                                                                                                      
                                                                                                                                
Ms.  Sica pointed  to a  minimum standard  of care  in state                                                                    
law, which  included reasonable medical attention.  He noted                                                                    
that  Doug  Gardner  was   available  to  answer  additional                                                                    
questions.                                                                                                                      
                                                                                                                                
10:28:06 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
HB 179 was HEARD and HELD in Committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 245 Support Letters.pdf HFIN 3/15/2012 8:30:00 AM
HB 245
HB 245 Sponsor Statement.pdf HFIN 3/15/2012 8:30:00 AM
HB 245
HB 245 Sectional Letterhead.pdf HFIN 3/15/2012 8:30:00 AM
HB 245
HB 245 Background Info.pdf HFIN 3/15/2012 8:30:00 AM
HB 245
HB 245 FVCS House Finance Testimony.pdf HFIN 3/15/2012 8:30:00 AM
HB 245
HB 301 CS WORKDRAFT FIN-3.14.12.pdf HFIN 3/15/2012 8:30:00 AM
HB 301
HB301 Restrictions.pdf HFIN 3/15/2012 8:30:00 AM
HB 301
HB179 Law Chart.pdf HFIN 3/15/2012 8:30:00 AM
HB 179
HB179 Letter Support.pdf HFIN 3/15/2012 8:30:00 AM
HB 179