CS FOR HOUSE BILL NO. 386(JUD) An Act relating to cruelty to animals and to the power of first and second class boroughs to prohibit cruelty to animals. Senator Phillips noted that both he and Representative Grussendorf introduced legislation on the same subject matter and subsequently worked together in development of a draft SCS CSHB 386 (9-LS1203\O, Luckhaupt, 5/2/96). Co- chairman Frank said the committee would hear testimony but would not move the bill at this time. TERRI TIBBETT, aide to Representative Grussendorf, explained that the bill lowers the criminal standard by which a person may be prosecuted for acts of neglect or cruelty. It also gives first and second class boroughs authority to enact ordinances to prohibit cruelty to animals, and it exempts commercial farm animals and commercial farmers from municipal regulation. It further provides the Commissioner of the Dept. of Environmental Conservation the option to regulate commercial farm animals and commercial farmers, if he or she chooses. In response to an inquiry from Senator Rieger, Ms. Tibbett directed attention to the definition of "commercial farm animal" and "commercial farmer" set forth at Page 2, lines 22 through 28. Co-chairman Frank inquired regarding concerns expressed by dog mushers and trappers. Ms. Tibbett explained that trappers presently have a defense to prosecution in statutes. It ties the defense to the fact that the conduct was necessarily incident to lawful hunting or trapping activities. Mushers also have a statutory defense in language that says that "It is a defense to a prosecution that the conduct of the defendant conformed to accepted veterinary practices." Ms. Tibbett advised that members of "Mush with Pride," a group that provides guidelines and standards of care for mushers, indicated members felt protected under current statute AS 11.61.140. Co-chairman Frank asked if the proposed bill does more than merely grant powers to municipalities. Ms. Tibbett explained that the bill would not give nor take away rights, except for provisions relating to first and second class boroughs. The bill primarily lowers the criminal standard by which people may be prosecuted to make it easier for prosecutors. Co-chairman Frank voiced his understanding that was accomplished by changing "intentionally" to "knowingly," the latter of which is a lower standard. Ms. Tibbett concurred, advising of a change from "recklessly" to "with criminal negligence" in relation to criminal neglect. Discussion followed regarding composition of the "Mush with Pride" group. DAN LASOTA, Fairbanks Assemblyman, next came before committee. He explained that the assembly had been tracking the bill since inception, due to the fact that Fairbanks finds itself in the unusual position of only being able to examine cases of animal cruelty relating to dogs and not other kinds of animals. That results from a varied history of voter-approved and legislatively granted powers. The assembly asked that the legislature, through resolution, do something similar to what is accomplished by the proposed bill. The current draft clarifies the situation for farmers. Co-chairman Frank directed that SCS CSHB 386 be held pending Co-chairman Halford's return to the meeting. Senator Donley MOVED for adoption of SCS CSHB 386 (version "O") as a working document. No objection having been raised, SCS CSHB 386 (Fin) was ADOPTED.