CFAWA Most Recent Meeting Minutes

CFAWA LEGISLATIVE COMMITTEE

AUGUST 10, 2004

Attendees:  Ralph Johnson, Bob Rohde, Scot Dutcher, Teresa Geary, Barbie Novoryta, Michelle Miller, Diane Balkin, Martha Smith, Joan Casey

LIABILITY EXEMPTION

The time may be right to pursue mandatory reporting of animal cruelty by vets.  Two thirds of the veterinarians surveyed are in favor of it but the leadership may not yet be ready to take this step.  The CVMA will take a leadership role over the next year and follow up at their convention.  Ralph will discuss with Dr John Young of the Advocacy and Outreach Committee.  There are currently 4 states – Oregon, West Virginia, Arizona and Minnesota – that have mandatory reporting of animal abuse by veterinarians. 

There was discussion over whether or not code enforcement officers should be included.  Diane followed up and took a look at how code enforcement is used or referenced.  It only occurs in a statute one or two times, and not at all in the context we were discussing.  Diane recommends that we should not include this term in the mandatory reporting of animal abuse provisions. 

Diane presented the statement of legislative intent for immunity for reporting animal abuse that she drafted.  The committee approved with the minor change from escalating to progressing:

“The General Assembly hereby finds and declares that that there is a direct link between cruelty towards animals and cruelty towards humans and further finds that for the purposes of identifying and prosecuting individuals who have committed crimes against animals, preventing further cruelty towards animals and preventing cruelty towards animals from progressing to cruelty towards humans, it is necessary and in the public interest to provide immunity for reporting cruelty to animals.”

As Keith was not present, we did not have a report on any possible fiscal impact of immunity for reporting.

There was no report on the status of the Big Horn Center’s proposed bill on cross reporting.  They have withdrawn their proposed Tabor amendment.

BESTIALITY and HOARDING:

Discussion on whether Bestiality should be under the sex offense or the animal cruelty statutes.  It should be under animal cruelty.  Exemption for accepted animal husbandry practices has been added.  Diane prepared the attached revisions based on today’s discussion:

1.    sex act with animal and aggravated cruelty to 15 animals – both provisions in one document – sex act portion was not changed today, agg cruelty to 15 animals – language changed slightly to clarify fact that 15 or more animals be the victims of cruelty

2.    agg cruelty to 15 animals – this document only has the provision related to 15 animals (document does not include the sex act provision)  – change noted above in paragraph 1.

3.    sex act with animal proposed amendment – it was not changed today – this document only has the single provision related to sex act (document does not include the agg cruelty to 15 animals provision)

Diane wrote the sex act and agg cruelty  to 15 animals provisions together and separately in case we have to delete one provision. 

Mary Kay Hogan, the lobbyist for the DFL is working on having these provisions included in the District Attorney’s omnibus bill.  This will help immensely with passage.  Diane will send Bob the revisions and Bob will ask Mary Kay to move forward.

We should be able to testify on the % of pedophiles or sexual predators with a history of bestiality.  Information is available through Animal Sexual Awareness and Prevention.  Diane informed the committee of a current case in Aurora witnessed by a child.  There is currently no provision to prosecute.

PUPPY LEMON LAW

Martha reported that this bill would have a fiscal note if criminal penalties are assessed.  This is not a good year to pursue this.

HUMANE EDUCATION

We will not do legislation this year.

Michelle reported on the upcoming training being presented by the Colorado Alliance for Cruelty Prevention and Society and Animals Forum on October 20-22.  Contact needs to be made with juvenile treatment providers.  The CACP website is up and the logo has been done.

NUISANCE TRAPPING

A Sub-committee will meet on September 2 at noon at the DFL.  Anyone interested please attend.  

Next Meeting

Not scheduled

Some concerns have arisen over the proposed language of the amendments so another meeting may need to be scheduled soon.