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