SB 238 CRUELTY TO ANIMALS  CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:31 p.m. The first order of business was SB 238. SENATOR RANDY PHILLIPS, sponsor of SB 238, gave the following overview of the measure. He sponsored SB 238 at the request of the Society for the Prevention of Cruelty to Animals (SPCA) because of the lack of enforcement of prevention of animal cruelty. The SPCA concerns include: lack of animal care; vague animal statutes; and a lack of resources to investigate complaints. Two groups worked to craft the bill: the SPCA and MUSH (a dog mushers' organization). He expressed concern about the fiscal notes, and the steel jaw leg-hole traps for domesticated animals. Number 075 SENATOR ADAMS asked how local ordinances would play into this legislation. SENATOR PHILLIPS was not sure. SENATOR ADAMS asked who would pay for shelter and vaccination costs once an animal is picked up by DEC. SENATOR PHILLIPS expressed concern that the state would pay the cost. SENATOR ADAMS referred to page 5, lines 8-9, and asked if any cultures presently consume dogs or cats. SENATOR PHILLIPS was not aware of any in Alaska. SENATOR ADAMS asked if the bill contains a definition of "domestic animals." SENATOR PHILLIPS stated the definition is contained on page 7, lines 8-15. Number 139 SENATOR ELLIS asked how the Legislature should address criticism leveled at cost of the bill at a time when people are demanding a reduction in the size of state government. SB 238 would take away a responsibility that has traditionally been under the purview of local government. SENATOR PHILLIPS repeated his concern about the cost of shifting the responsibility to the state and felt the supporters of the measure will need to address that issue. He added the impetus for SB 238 was the Chistochina incident where 70 dogs were abandoned, the majority of which had to be destroyed because the legal process for rescuing them was so time-consuming. He noted a second incident in which seven horses died during transport to Colorado. Number 188 SENATOR ADAMS questioned the legitimacy of the animal abuser registration requirement in light of the fact that the sex offender registration law is being contested in court. SENATOR PHILLIPS stated that is the section he hoped the Judiciary Committee would review. SENATOR TAYLOR addressed the search warrant provision and stated although it may be effective, the potential for abuse of the use of search warrants, when insufficient proof for intrusion of private property exists, is of great concern. SENATOR TAYLOR stated a Rule change would be necessary to change the search warrant process, since under current law a person cannot independently request a search warrant and then request a peace officer to accompany him/her to the scene. Number 241 SENATOR ADAMS asked about the penalty provisions. SENATOR PHILLIPS explained the first offense is a class A misdemeanor which carries a 0-1 year prison term with up to a $5,000 fine. The third offense is a class C felony. He added the bill is meant to draw attention to incidents of animal cruelty. SB 238 CRUELTY TO ANIMALS BRETT REID, City of Kenai, stated an alternative bill, HB 386, includes a provision allowing first and second class boroughs to establish and enforce cruelty prevention ordinances which he and other animal control agencies, support. Borough authority is not in statute and is a loophole that needs to be closed. His concerns with SB 238 are as follows: include animal control officers in the definition of "humane enforcement officer" on page 4; delete the section on consumption of dogs and cats as it might be a cultural bias issue; and delete the registration section for reasons mentioned earlier. BILL GODEK, City of Kenai, agreed with Mr. Reid's testimony. He supported the rabies vaccination provision to prevent the spread of rabies, especially in rural Alaska where rabies is endemic in the wildlife population. He suggested adding a subsection (c) under Section 3 to allow a person to destroy an animal for health and safety reasons. He also suggested changing Section 2 (1) to read, "knowingly inflicts severe physical pain or suffering on an animal." Number 534 DIANE ZARFOSS, representing the Alaska SPCA, stated her strong support for SB 238 as there is no sound legislation to cover incidents that do occur. The goal of the AK SPCA is to have statutory definitions of animal cruelty to enable the legal system to address the issue in a timely manner. Regarding the fiscal notes, she stated the AK SPCA has, and will, voluntarily assist peace officers. She thought the legislation would curb animal abuse, with few cases ending up in court. The AK SPCA is willing to eliminate the registration provision and to modify the rabies vaccination provision. SENATOR ADAMS asked if the AK SPCA, or the animal owners, should pay for rabies vaccinations, in light of the state's budget deficit. MS. ZARFOSS explained that rabies vaccinations are currently made available by the state, to outlying areas. She would like to see that program continue and permit SPCA volunteers to become lay vaccinators. Number 580 JANICE ADAIR, Department of Environmental Conservation, stated DEC would be responsible for investigating complaints, arranging for care and shelter of abused animals, administering the rabies vaccination program, and maintaining an abuser registration system, which would require abusers to notify the department of changes of address for a 10 year period under SB 238. She discussed differences in penalties provided in SB 238 as well as definitional changes that are problematic. For instance, the definition of animal in existing law includes any animal but fish, therefore DEC interprets the bill to mean hitting a moose with a railroad car to carry a second degree cruelty to animal charge. The bill would essentially ban mouse traps. Additionally, DEC would be required to provide annually, to every municipality, rabies vaccines at no more than the cost of the vaccine. DEC believes animal cruelty is a shameful activity that needs to be dealt with, but feels the problem could be more expeditiously addressed at the local level, by local animal control officers. Number 561 SENATOR ADAMS noted DEC projected 70 animal cruelty investigations per year in its fiscal note. MS. ADAIR stated DEC made that estimate based on the number of complaints currently received, and added that many neighbors file animal complaints against each other. No complaints are investigated by DEC. SENATOR TAYLOR asked who investigates complaints. MS. ADAIR responded the complaints are investigated by animal control officers or by the Alaska State Troopers. SENATOR TAYLOR commented that it appears there had not been a very spirited level of enforcement in the incidents referred to by Senator Phillips. JAMES JENNINGS, a furrier from Fairbanks, made the following comments. SB 238 does not require a veterinarian to make the diagnostic call on an animal before it is seized, and the agencies included in the bill do not have veterinarians on staff. When an animal is seized without a formal diagnosis, lawsuits may proliferate. Regarding the horse tragedy last fall, the responsible party is being prosecuted. By opening up search warrants to private citizens, a Nazi-type society could be established. Regarding the definition of employees, the bill does not specify whether a peace officer would be able to designate power to an entity that is not professionally trained. There are differing opinions on animal care. Animals are possessions, therefore it should be the owner's right to eat one, if desired. Requiring that housing for animals be structurally sound could require a structural engineer to design or inspect animal dwellings. His primary concern with SB 238 is the lack of a requirement for a veterinarian to diagnose an animal, to protect both the animals' and individual's rights. Number 507 SENATOR TAYLOR asked if Mr. Jennings believes a greater level of enforcement is necessary. MR. JENNINGS replied the law is adequate; the problem lies with getting peace officers to enforce those laws. By using veterinary diagnoses, most cases will not reach the court system, as owners will plead out. BEVERLY NESTER, a pet shop owner, highlighted her concerns with SB 238. Peace officers would not be liable if the animal seized is harmed. There is no description of who the seized animal would be given to, nor is there any description of who would be liable if the animal got a disease or was harmed while in the person's care. Many exotic animals need very specialized care. Peace officers are not trained to make vet calls. People requesting warrants should not be associates as the chance for conspiracy is too great. Veterinarians should be the only ones to determine an animal's condition and welfare. She suggested having the Division of Agriculture oversee this program and determine minimum standards of space needed for animals. She does not believe scientific research is an excuse for cruelty to animals. The 72 hour feeding requirement is not appropriate for some pets, such as snakes. Number 458 SENATOR ELLIS asked Ms. Nester to elaborate on her conspiracy comment. MS. NESTER referred to page 3, lines 15-16. She believed the person applying for the search warrant should not be associated with the witnesses they produce. As a pet shop owner, and as a former member of the Fairbanks Borough Animal Control Commission, there have been acts of conspiracy to put pet shop owners out of business, or to take animals away from certain people. SALLY CLAMPITT, representing Alaska Equine Rescue, testified in support of SB 238. There is an enormous amount of neglect and cruelty to horses in this state. Horses present a unique problem in that they cannot be easily transported to a local animal shelter. Alaska Equine Rescue is not concerned about the rabies provision, since rabies do not apply to horses, and the group does not have strong feelings about the registration provision. A prevailing problem with animal abuse is with obtaining a clear determination of whether or not abuse exists. Veterinarians differ in their opinions and there are no uniform standards of care. Number 413 LIZ DODD, representing the Alaska affiliate of the ACLU, testified in opposition to SB 238, due to the registration requirement. The ACLU opposed the sex offender registration legislation on the basis that it would open the floodgates to registrys. Registrys are a way of punishing people through public ridicule and admonishment. The argument that a a sex offender registry would serve public protection does not hold for this measure. The bill does not contain any mention of who could access the registry and could lead to a punishment not fitting the crime, since every employer in the state could have access to the registry. Regarding designating DEC as the adminstering agency, DEC has more pressing needs, such as water cleanup, and is not adequately staffed to run this program. ACLU does not support cruelty to animals but does not feel SB 238 adequately addresses the problem. CAROL JENSEN supported the testimony of Mr. Reid and Mr. Godek of Kenai. This legislation will not take authority away from local governments because very few communities have organized animal control forces or laws. Even in Anchorage it is often difficult to get action on some of the most severe and highly publicized abuses. SB 238 would stop animal abusers from being protected by the lack of adequate laws. She suggested changing line 2 on page 5 to read, "inflicts severe and prolonged suffering on an animal;...." SENATOR ELLIS asked Ms. Jensen to elaborate on her written testimony about accepted standards for scientific research. She replied she was hoping the committee would delete the section that exempts people who cause pain and suffering to animals in research labs from prosecution. She noted there are many violations of minimal standards for animal care and cruelty at research labs nationwide and other more humane ways of conducting medical research exist. Number 318 SENATOR TAYLOR described PSP testing procedures conducted at the Palmer testing lab to ensure mussels and oysters "farmed" in the state are safe before they are sold on the commercial market. That lab would be subject to sanction if that section was removed. MS. JENSEN responded that other methods of PSP testing exist and should be reviewed. SGT. JAMES MCCANN, Alaska State Trooper and President of Alaska Equine Rescue, testified from Fairbanks. He stated prosecutors and state troopers see the current statute as vague and too open to subjective opinion. The state troopers would require a veterinarian to make a decision about impoundment of an animal, however local veterinarians called upon to do the job are afraid to make the decisions as it impacts their reputations and businesses. He noted the state veterinarian has not testified on this measure, and he felt it is important to get feedback from the state veterinarian board. Police officers can seize animals as evidence in cruelty cases under current statute. Regarding the search warrant provision in SB 238, anyone could sign an affidavit to get a search warrant. This procedure could create a chaotic situation at AST headquarters. The Dept. of Public Safety would like to see the current method of obtaining a search warrant continue. DPS does not support the animal abuser registration provision because of the problems associated with sex offender registry. He added people will be reluctant to report cruelty cases, and making the punishment a felony would decrease reporting. Alaska Equine Rescue believes if a person wants to humanely kill his/her horse and use the carcass for whatever purpose, the owner should have that right. SENATOR TAYLOR asked Sgt. MCCANN to send written comments to committee members. Number 202 MICHELLE GIRAULT, representing Friends of Pets, testified in support of SB 238. Friends of Pets believes it is time to take animal abuse very seriously and believes there is a strong link between animal abuse, child abuse, and other forms of abuse that surface later in life. SB 238 tightens up existing laws and provides prosectors with an important tool. JOHN GLOTFELTY, a Delta farmer and President of the North Pole Borough Planning Commission, made the following points. Animal control officers are not peace officers and should not be given the same powers. Second class boroughs which do not have law enforcement powers should not be granted those powers through the back door. The Division of Agriculture is the appropriate agency to oversee animal care and should determine standards and solicit public comment before legislation is passed. He supports the position taken by the Department of Public Safety, and believes serious constitutional and legal problems exist with this measure since the legislature cannot grant powers to a borough without voter approval. Number 158 ETHEL CHRISTENSEN. volunteer director of the SPCA, testified in support of SB 238. The AK SPCA does not intend to create a new bureaucracy, but rather to continue to be the focal point for complaints in the state. It needs a list of qualified animal control or state humane officers. Those officers could work outside of their jurisdictions but need state certification. She does not believe it is necessary to have a veterinarian do all diagnoses. The AK SPCA has been trying to work with the state to establish a volunteer training program to administer rabies vaccinations. JIM ELLISON, a farmer, testified from Fairbanks. He believes the Division of Agriculture should have oversight of this program, since it is familiar with animal husbandry. As written, range-run cattle would be considered abandoned and could be seized by the state. SB 238 does not take into consideration traditional and customary farming methods, such as roping, branding, and neutering, which could be considered cruel treatment. There are no nutrition, housing and sanitation standards for livestock that fit all of Alaska. LARRY PETTY, testifying from Fairbanks, stated the Division of Agriculture needs to oversee programs associated with farm animals. ART GRISWOLD, testifying from Fairbanks, agreed with Mr. Petty and added the Cooperative Extension Service supplies feeding guides for animals of different types in Alaska. SENATOR TAYLOR announced the committee would be working with the sponsor of the legislation and will provide sufficient public notice before the bill is rescheduled. He adjourned the meeting at 3:05 p.m.