Legislative
Priorities 2009
Progress
in improving the state animal protection laws has been slow and
Kentucky lags far behind its neighboring states such as West Virginia,
Virginia and Tennessee in progressive animal protection legislation.
In fact, a recent study of all state statutes pertaining to animal
cruelty has revealed that Kentucky ranks in the bottom 5 of all
states in the nation because of inadequate or non-existent animal
protection laws. Reasons for this low ranking include:
-
Inadequate
range of prohibitions and definitions/standards of basic care
-
Principal
protections apply only to select types of animals
-
Felony
provision available only for offenses involving only select
animals
-
No
mental health evaluations or counseling following a conviction
-
No
cost mitigation provisions for impounded animals (e.g. cost-of-care
bonds, other reimbursement of costs, restitution provisions)
-
No
forfeiture of abused animals
-
No
restrictions on future ownership or possession of animals following
a conviction
-
No
separate crime for the sexual assault of an animal
-
Inadequate
animal fighting penalties. Dogfighting spectators are only charged
with misdemeanor offense; possession of cockfighting birds,
cockfighting implements and being a spectator at a cockfight
are all legal.
Additional
legislation needed:
Forfeiture
and Bonding
- requires defendant to post bond for care, animal forfeited if
bond not posted. Guilty finding, acknowledgment of guilt or Alford
plea requires forfeiture of animal. Would like to prohibit future
ownership as well (2 years). Update: A bill has been introduced
that would remedy this - HB 428.
Cats
- include cats in stray holding period requirements. Currently
cats do not have to be held for a specific period at shelters,
so they can conceivable be euthanized the day of intake, giving
owners no opportunity to reclaim.
Shelter
for a dog - current cruelty statutes do not require shelter
- just food, water, space, health care. Need to add shelter to
the statutes, at least for dogs. Update: A bill has been introduced
that would remedy this - HB 137.
Horse
soring - current statutes on horse soring minimal and ineffective
(current fine $10 and only at horse show).
Mandatory
spay/neuter from shelters - shelters are adding to influx
by releasing unaltered animals for adoption. Update: A bill
has been introduced that would remedy this - HB 240.
Antifreeze
- bittering agent needed. Many children and animals are poisoned
- accidentally or intentionally - with antifreeze due its sweet
taste. A bittering agent (cost 1 cent/gallon) would prevent this.
Update: A bill has been introduced that would remedy this -
HB 182..
Animal
shelters - more $$ in budget for facilities/equipment and
spay/neuter programs
Animal
fighting - felony penalty for attendance at dog fights. Hard
to catch dog fighters without provision making everyone in attendance
felons. Increase penalties for cockfighting
Review
of animal care and control laws - modernize and codify (this
would be a resolution)
Increase
cruelty officers available - Ag bill that did not pass last
session would give peace officer status to Ag (this would help
for horse abuse cases). Since this is a request to simply add
peace officer status to existing Ag inspectors, and not a request
to hire more people, this would not cost any additional money
for the state.
Commercial
animal breeding operations - require registration and inspection
of dog/cat/bird breeders engaged in commercial operations. These
operations are often in violation of cruelty statutes, pollute
local water supplies, and avoid federal, state, and local taxes.
Inspections
of charitable humane societies, sanctuaries, shelters, etc.
- allow inspections of facilities for animals held at organizations
deemed charitable by state of KY and/or IRS (consumer protection
and animal welfare).
HCR
121 (BR
1726) - Urge
the Department of Education to consider the introduction of instruction
on the humane treatment and protection of animals into public
school systems.
Thank
you to the HSUS for this list.