CSHB 275(FIN)-ANIMALS AND CRUELTY TO ANIMALS  REPRESENTATIVE MIKE CHENAULT, sponsor, deferred to his staff to present the bill. CHAIR SEEKINS noted that he is the Vice Chairman of the State Policy Committee of the American Quarter Horse Association. One of his duties is the continuous evaluation of animal cruelty laws across the country, particularly as they apply to equines. MS. SHARALYN WRIGHT, staff to Representative Chenault, told members this legislation is the result of hard work done on the House side with many participants. The issue of animal cruelty arose four years ago after several incidents of animal cruelty came to light. This bill aligns Alaska law with laws in some other states. Current Alaska statute has very few applications to animal cruelty so prosecuting cases of animal cruelty is difficult. It is not the sponsor's intent that this legislation affect livestock or dog mushing. It is the sponsor's intent to stop animal cruelty at its worst. CHAIR SEEKINS took public testimony. MS. CHRIS HEINZE, a Kenai Peninsula farmer, stated support for CSHB 275(FIN). She informed members that she has been taking care of unwanted and abused animals for many years and that many people on the Kenai Peninsula are tired of seeing the abuse and cruelty of animals there. MS. ETHEL CHRISTIANSEN, director and founder of the Alaska SPCA, stated support for CSHB 275(FIN) and said it will be very important for her community. MS. SALLY CLAMPITT, President of Alaska Equine Rescue, stated strong support for CSHB 275(FIN) because it is sensible and provides parameters and details. The current statute is very hard to enforce; CSHB 275(FIN) will make prosecution easier for the district attorney. CHAIR SEEKINS said he wants to see a penalty for abuse put into law but wants to maintain the ability to euthanize an animal. This legislation allows a licensed veterinarian to make certain determinations. SENATOR THERRIAULT referred to the language on page 4, line 29, and expressed concern that some ethnic groups eat certain domesticated animals. MS. WRIGHT said that the House Labor and Commerce Committee inserted that language. SENATOR THERRIAULT felt the bill should acknowledge other culture's food sources. He then referred to the language on page 4, line 28, and asked for an explanation. MS. WRIGHT said that the prohibition against decompression chambers is current law because that is an inhumane form of euthanasia. SENATOR FRENCH referred to lines 20-21 on page 6 and asked what is meant by securing an animal in the back of a vehicle. MS. WRIGHT said last year she was driving on Kalifonsky Beach road when a dog fell out of the back of a truck and landed in front of her vehicle. She had the choice of having a head-on collision with another car, hitting the dog, or swerving into a gas station. She said securing a dog is a matter of tying the dog with a short rope or leash inside the back of the truck. SENATOR FRENCH questioned whether that requirement should be restricted to highways or streets and not, for example, a vehicle driving along a beach. CHAIR SEEKINS agreed with Senator French. REPRESENTATIVE CHENAULT pointed out that some municipalities have ordinances requiring animals to be secured inside of vehicles. CHAIR SEEKINS questioned the language on lines 18-19 of page 6 and said it would raise the hackles of members of the Alaska Trappers Association. MS. WRIGHT said this bill allows for commercial or subsistence trapping. SENATOR FRENCH cited lines 25-26 of the same page. CHAIR SEEKINS said a person could be charged with unlawful trapping under that language so the person would be burdened with the defense for lawful trapping. SENATOR FRENCH agreed. CHAIR SEEKINS suggested rewording that section so that a legitimate trapper would not have to defend himself in court. SENATOR THERRIAULT questioned why that section was not written to address people with the sole purpose of snaring a domestic animal since trapping a wild animal is allowed. SENATOR FRENCH suggested the phrase, "intentionally sets a steel jaw, leg hold snare, spring or similar trap for the purpose of injuring or killing a dog or cat or domestic animal." TAPE 04-59, SIDE B CHAIR SEEKINS said that section could be worked on. SENATOR FRENCH commented that he agrees with the purpose of the bill and is interested in moving it out of committee, however, his only concern is that the requirement to secure animals in the back of pick-up trucks be restricted to highways. CHAIR SEEKINS agreed. He then referred to the section pertaining to care of animals on page 1 and said that could be a potentially inflammatory section depending on who interprets it. He said he realizes the determination is to be made by a veterinarian but said people's standards differ and although some standards might be acceptable from a health perspective, others might find those standards objectionable. His concern is that if a police officer investigates a case of animal abuse, the police officer be required to at least make contact with a veterinarian before any animals are confiscated so that a well- intentioned but overzealous person does not make the wrong decision. REPRESENTATIVE CHENAULT pointed out that to get a search warrant, one must show probable cause. The bill also contains the phrase, "if warranted" so that just because a complaint was filed and a judge issued a search warrant, an officer would not automatically have to take the animals into custody. He said although egregious cases of abuse are obvious, police officers are not trained in animal cruelty. CHAIR SEEKINS said he wonders if prior to seizure of an animal, some consultation with a veterinarian be required. He felt that would make for a better prosecutorial case. SENATOR FRENCH thought only the most egregious cases would get attention because state troopers must prioritize their work and an animal abuse case may fall low on the list. REPRESENTATIVE CHENAULT said that is true but if they are required to take a look, he wants them to make the best decision possible. He said he personally has no problem if a police officer makes contact, at a minimum, with a veterinarian. CHAIR SEEKINS said that is why he is suggesting that the police officer consult with a veterinarian as soon as possible. He then announced that he would hold the bill for further review of the aforementioned issues. SENATOR THERRIAULT specified those issues are: the consumption of domesticated animals by certain cultures; legal trapping; and securing a pet in a vehicle.