Legislature(2003 - 2004)
05/09/2004 12:10 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD)
"An Act relating to animals, and to the care of and to cruelty
to animals."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken stated that this bill would establish standards of
care for animals and, in addition, would outline the process
required to investigate animal cruelty. In addition, he stated that
the bill would create the crime of cruelty to animals.
CHERYLYNN WRIGHT, Staff to Representative Mike Chenault, the bill's
sponsor, noted that a great deal of work has been put toward the
development of this legislation. She stated that the sponsor is
pleased with the end result.
Co-Chair Wilken asked how the crime of cruelty to animals would be
classified.
Ms. Wright responded that the crime would be classified as a class
A or B misdemeanor.
Co-Chair Wilken asked for details regarding the standards of care.
Ms. Wright responded that this information is detailed in Section
1, subsection Sec. 03.22.100. Minimum standards of care for
animals. on page one, beginning on line five. She also noted that
the determination as to whether these standards have been breached
would be based on the professional opinion of a veterinarian. She
noted that this language was adopted in the Senate Judiciary
Committee.
Senator Bunde spoke in support of the bill. He opined that people
who abuse animals often abuse humans. He stated that cruelty to
animals should not be tolerated and that this behavior "should be
pursued with vigor to exterminate."
Senator Hoffman inquired as to which communities have
veterinarians.
Ms. Wright responded that nearly every community has either
telephone access or direct access to a veterinarian. She noted that
this topic is addressed on Section 1, subsection (c) on page two,
beginning on line 16, which specifies that, in the absence of a
veterinarian, a peace officer could address the welfare of an
animal.
Ms. Wright, referencing Senator Bunde's comments, shared that an
[unspecified] Alaskan newspaper had recently reported a case in
which a woman disposed of a litter of puppies by throwing them out
of a vehicle window while traveling at 55 miles per hour. She
stated that two to the puppies died and that the others are
receiving care and are up for adoption. She declared that this type
of situation would be one that could be more easily prosecuted were
this legislation adopted.
Senator Olson inquired as to how this legislation would mesh with
the Humane Society's cruelty to animal laws that exist.
Ms. Wright replied that this legislation "is not as radical" as
guide-lines recommended by the Humane Society of the United States
nor are they as extensive as those established in other states. It
is, she disclosed, "one of the lesser laws, revision of statutes"
of all the states. She disclosed that Alaska in either "49th or
50th on the list with our current animal abuse laws" and that this
legislation would align the State more with other states' laws.
Senator Olson asked for further information regarding current State
law.
Ms. Wright responded that the current law is "only about a
paragraph and a half long."
Senator Hoffman stated that animal rights activist groups have
characterized the Iditarod Dog Sled Race as being "cruel and
unusual punishment to the dogs." Continuing, he asked whether the
Iditarod Race Committee has reviewed this legislation.
Ms. Wright reiterated that the Iditarod Race Committee and numerous
other interested parties have participated in the four-year process
developing this legislation. She stated that the section in the
bill that addresses "acceptable training standards," is applicable
to the Race. She noted that, while the Iditarod Race Committee has
not reviewed this version of the bill, they have previously been
involved in the discussion.
Senator Olson stated that the Iditarod Sled Dog Race is an
important event to his District and he would appreciate the
Iditarod Committee's input on the bill.
Co-Chair Wilken interjected that this legislation would also affect
the Yukon Quest Race.
Co-Chair Wilken asked the definition of "protective custody" as
referenced in the language in Section 1, subsection (c) on page
two, lines 13 though 27, which was incorporated into the bill by
the Senate Judiciary Committee.
Ms. Wright stated that rather than the term "protective custody"
meaning that money would be required to construct animal holding
areas, the intent is that such things as temporary care
arrangements would be implemented until a decision was made in
regard to the animal.
AL STORY, Lieutenant and Director of Staff, Alaska State Troopers,
testified via teleconference from an offset site and stated that
the inclusion of the term protective custody "fits well into this
bill." He stated that this is a term whose meaning is known to law
enforcement officers as, similar to how it is defined for humans,
the intent of it is to provide for the animal's well-being by
taking them to a place such as "a veterinarian or to a public or
private custodian" where they could be properly cared for and where
their condition could be evaluated to determine whether medical
treatment would be required.
Co-Chair Wilken understood therefore that law enforcement officers
are comfortable with the language.
Mr. Story verified that law enforcement entities are supportive of
the legislation.
Senator Bunde commented that numerous municipalities have programs
through which poorly cared for animals are placed in custodial
places similar to what is being proposed in this bill. He noted
that once an animal is brought back to health and that proof has
been provided that the owner would act responsibly, the animal
could be returned to the owner. However, he continued, were the
owner deemed irresponsible, the animal would be available for
adoption.
Senator Bunde moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, SCS CS HB 275(JUD) was REPORTED from
Committee with zero fiscal note #1, dated March 28, 2004 from the
Department of Law; zero fiscal note #3, dated April 2, 2004 from
the Department of Environmental Conservation; zero fiscal note #4,
dated April 1, 2004 from the Department of Public Safety; and
indeterminate fiscal note #5, dated April 5, 2004 from the
Department of Administration.
AT EASE 12:40 PM / 12:44 PM
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