AK- tax payers to pick up tab for increased regulations

Thrown A Bone
Gerard Matthews
Updated: 7/1/2009

When the General Assembly passed a law earlier this year to make acts of aggravated animal cruelty a felony in Arkansas, Kay Simpson, director of the Humane Society of Pulaski County, cried.

The legislative action brought to an end a long-running battle between animal rights groups and farming interests. Those who neglected or intentionally harmed animals would now suffer stiffer penalties and the threat of felony charges would be a deterrent. It was a happy day for those, like Simpson, who had fought so long to protect animals from abuse.

The bill passed easily, though similar versions had failed in previous sessions. Enforcing it, however, may prove to be more difficult.

The law goes into effect July 31, 90 days after the end of the legislative session.

One major problem will be finding space to house animals seized in abuse cases or puppy mill raids.

“I'm not doing any abuse cases right now because we're just tapped out,” Simpson said in an interview. “We get the calls from different counties all over the state. When there's a cruelty case, we're the ones that house the animals. And that's the same thing that's going to happen after the law goes into effect. Sheriff's departments don't have any room to take them. They don't have the funding to pay for the feed, the medical care, anything.”

Animals that have been seized must remain in the state's care until their owners are brought to trial. For shelters, that long-term placement poses a significant financial burden.

Attorney General Dustin McDaniel, who with his staff crafted the legislation over the course of nearly a year, said the question of where to house animals has been, and will continue to be, an issue.

“If a police officer charges you with possession of cocaine, which is a felony, it's pretty easy to put the cocaine in a locker until trial,” McDaniel said. “If they charge you with felony abuse of a German shepherd they can work up the case, take photographs and preserve evidence, but a living, breathing creature can't simply be put into an evidence locker.”

The law requires that those charged with animal cruelty post a bond. Those bonds would, ideally, help the shelters cover the costs of vet care, pet food and housing the animals. But according to Simpson, in most cases the owners just abandon the pets, leaving them in the shelter's care.

“Most of these people knew they couldn't afford the animals in the first place, so how are they going to afford to post a bond?” Simpson said. “And the counties aren't helping us. No county that I can think of has ever given us a bale of hay, sack of feed, dog food, nothing.”

Few counties in Arkansas operate animal shelters. Those that do are constantly full or over capacity, Simpson said. In today's faltering economy, people are dropping off animals they can no longer afford. Humane Society shelters, like the one in Pulaski County, rely on donations to operate, and those are down sharply from a year ago.

Simpson said counties should set funds aside to handle their animal cruelty cases. “Counties are going to have to figure out a way to pay because humane societies can't do it and there's got to be a plan,” she said. “Restitution from court cases is nearly non-existent and when we do get it, it's not much. I just got a check in the mail today from a case that started in 2007.”

Simpson, one of only a few certified animal cruelty investigators in Arkansas, said it is critical that the state's law enforcement officers be trained to deal with cruelty cases. The attorney general's office, in fact, allotted $250,000 for the Criminal Justice Institute to develop a curriculum to train officers. But just weeks before the new penalties are set to go into effect, that money has not been disbursed and the CJI has yet to develop a curriculum for training officers.

McDaniel said he has requested that those funds be distributed, but Beth Green, CJI publications specialist, said the agency has not yet received the money. She said the institute was developing a curriculum and should have something in place by the fall.

“I'm just getting frustrated with folks who don't seem to be getting a game plan together,” Simpson said. “It's great that we got the felony charge we were working toward, but there's a problem when you get a bigger fine and a bigger jail sentence and it's still not going to give you anything to help out with the animals.”

Despite the hurdles law enforcement agencies and shelters are likely to face, McDaniel said there's no question as to whether or not the law should have been passed.

“Do we acknowledge that some counties really have facilities issues? Yeah, but that's no reason not to pass a tougher law,” McDaniel said. “If you're suggesting that we shouldn't have increased the penalties on animal cruelty because it's hard enough to enforce as it is, then that's an argument I wasn't willing to accept.”

Simpson just hopes a solution is found soon.

“We've run into a brick wall,” she said. “We've come across a problem we can't fix. And that's something that's never happened before. I've always figured out a way to manage, but I can't do that anymore.”

AK- Arkansas Seeks to Require Annual Licenses of Up to $1000for Dog Owners and Handlers

Arkansas Seeks to Require Annual Licenses of Up to $1000 for Dog Owners and Handlers
From AKC
[Monday, March 16, 2009]

A bill has been introduced in the Arkansas Senate that requires owners of 12 or more dogs of any age to purchase an annual license for the right to maintain ownership of the dogs, regardless of whether the animals are on your property.

"Owner" is defined as someone who meets any of the following criteria:

* Has a right of property in a dog or cat
* Keeps or harbors a dog or cat
* Acts as a custodian of a dog or cat
Senate Bill 864 would require any owner of 12 to 24 dogs and/or cats to obtain a $250 annual license. If you own over 24 dogs and/or cats, then you must pay $1000 each year. This would place severe financial hardships on responsible dog owners without addressing the real problem of irresponsible dog ownership.

The following are exempted from the license requirements:

* A veterinarian or veterinary facility that provides services under the Arkansas Veterinary Medical Practice Act
* A boarding, kennel, or grooming facility that acts as a temporary custodian in exchange for compensation
* An agency of the federal, state, county, municipal or other governmental or political subdivision acting under official duties
* Any entity owned or managed by a state or local government agency that is responsible for animal control
* Research facilities

In addition, the bill allows for a warrantless inspection by an animal control officer or other public health or safety official upon any complaint "or upon his or her own motion". This may include an inspection of the animals as well as the facility.

AKC is opposed to egregious requirements that punish responsible dog owners while doing nothing to address the issue of irresponsible dog ownership. Instead, we support reasonable and enforceable laws that protect the welfare and health of purebred dogs and do not restrict the rights of breeders and owners who take their responsibilities seriously.

What You Can Do:

Contact the sponsor of Senate Bill 864 and politely, yet strongly express your opposition to Senate Bill 864:

Senator Sue Madison
573 Rock Cliff Rd.
Fayetteville, AR 72701
Phone: (479) 442-2997
E-mail: madisons@arkleg.state.ar.us

Contact the members of the Senate Judiciary Committee. Ask them to oppose Senate Bill 864. Their contact information is as follows:
Senator Ed Wilkinson (Chairman)
Box 610
Greenwood, AR 72936
Phone: (479) 996-4171

Senator Ruth Whitaker (Vice-Chair)
PO Box 349
Cedarville, AR 72932
Phone: (479) 474-0911
E-mail: whitakerr@arkleg.state.ar.us

Senator David Johnson
2511 Valley Park Drive
Little Rock, AR 72212
Phone: (501) 682-6107
E-mail: johnsond@arkleg.state.ar.us

Senator Jim Luker
PO Box 216
Wynne, AR 72396
Phone: (870) 238-8588
E-mail: lukerj@arkleg.state.ar.us

Senator Sue Madison
573 Rock Cliff Road
Fayetteville, AR 72701
Phone: (479) 442-2997
E-mail: madisons@arkleg.state.ar.us

Senator Jerry Taylor
6203 Ridgewood Drive
Pine Bluff, AR 71603
Phone: (870) 879-3233
E-mail: taylorj@arkleg.state.ar.us

Senator Robert Thompson
414 West Court
Paragould, AR 72450
Phone: (870) 239-9581
E-mail: thompsonr@arkleg.state.ar.us

Senator Henry "Hank" Wilkins
717 W. 2nd Avenue
Pine Bluff, AR 71601
Phone: (870) 536-6366
E-mail: hwilkins@arkleg.state.ar.us

Additional Resources:

Click here for AKC’s "Disagree Diplomatically" brochure

Click here for AKC’s "Make Your Contact Count" brochure for suggestions on how to effectively communicate with legislators.

AR- Finally a bill to SUPPORT!

Representative Roy Ragland, Chair of the Agriculture, Forestry, and Economic
Development committee of the Arkansas State House of Representatives has
introduced a bill to protect the rights of animal owners and prohibit any state,
city, county, or private organization from requiring animal owners to register
in any animal identification system. The bill has been referred to the
committee on Agriculture, Forestry, and Economic Development.

PLEASE let these legislators know we support this legislation that could provide
valuable protection for the rights of all animal owners in the state of Arkansas
by contacting the committee members

HB 1046, Freedom to Farm Act
http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HB1046.pdf

Animal ownership by hobbyists, commercial producers, and home food providers
make valuable contributions to this state.

Animal ownership rights should be protected.

Protecting the right of ownership, production, exhibition,and sale of animals is
integral to ensuring the economic growth and general welfare of this state.

The purpose of the Freedom to Farm Act is to encourage and protect animal
ownership, animals, home food production, direct farm-to-consumer sales, hobby
production, off-farm commercial sales, animal exhibition, and businesses that
serve animal owners.

Unless otherwise required by a law or rule that was in effect before January 1,
2009, no state, county, city, or public or private agency shall require an
animal owner or real estate owner to:

(1) Register or enroll in the National Animal Identification System;
(2) Register the animal owner’s premises or property;
(3) Have a premises identification;
(4) Use an electronic identification device on or in an animal;
(5) Secure a permit or a license for ownership or production of an animal; or
(6) Report the movement, sale, or purchase of an animal.

Referred to the Committee on AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT- HOUSE

Membership of the Arkansas AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT
Committee - HOUSE

Vice Chair Representative Jerry Brown (870) 238-3132
Representative Curren Everett (870) 895-2164