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S1396................................................by JUDICIARY AND RULES ANIMAL CRUELTY - Adds to and amends existing law relating to animal cruelty to provide for enforcement by law enforcement agencies and animal care and control agencies; to provide enforcement restrictions; to provide for possession and care of cruelly treated animals; to revise duties for officers relating to animals carried in a cruel manner; to provide that law enforcement officers and animal care and control officers shall have specified duties relating to abandoned and neglected animals and the humane destruction of abandoned animals; to provide that law enforcement officers and animal care and control officers are authorized to take certain action relating to other cruelly treated animals; to provide for the termination of violators' rights to animals; to provide for the award of such animals to certain organizations or agencies; to provide for the seizure of certain animals; to provide that the owners or keepers of seized animals shall be liable for reasonable costs; to provide a forfeiture process; to provide for security deposits and bonds; to provide for the disposition of seized animals; to provide for liability of certain unpaid costs; and to provide that certain animals be euthanized. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Agric Aff 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 31-3-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- Fulcher, Pearce, Sweet Absent and excused -- Gannon Floor Sponsors - Kelly & Corder Title apvd - to House 02/28 House intro - 1st rdg - to Agric Aff 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 61-2-7 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail NAYS -- McKague, Shepherd(8) Absent and excused -- Black, Crow, Garrett, Pasley-Stuart, Wills, Wood, Mr. Speaker Floor Sponsor - Skippen Title apvd - to Senate 03/17 To enrol 03/20 Rpt enrol - Pres signed - Sp signed 03/21 To Governor 03/22 Governor signed Session Law Chapter 170 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1396 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ANIMAL CRUELTY; AMENDING SECTION 25-3501, IDAHO CODE, TO PROVIDE 3 CORRECT TERMINOLOGY AND TO CLARIFY THE AUTHORITY OF CERTAIN AGENCIES OR 4 ENTITIES; AMENDING CHAPTER 35, TITLE 25, IDAHO CODE, BY THE ADDITION OF A 5 NEW SECTION 25-3501A, IDAHO CODE, TO PROVIDE FOR ENFORCEMENT BY LAW 6 ENFORCEMENT AGENCIES AND ANIMAL CARE AND CONTROL AGENCIES AND TO PROVIDE 7 ENFORCEMENT RESTRICTIONS; AMENDING SECTION 25-3502, IDAHO CODE, TO DEFINE 8 ADDITIONAL TERMS; AMENDING SECTION 25-3504, IDAHO CODE, TO PROVIDE FOR THE 9 POSSESSION AND CARE OF CRUELLY TREATED ANIMALS BY LAW ENFORCEMENT OFFICERS 10 AND ANIMAL CARE AND CONTROL OFFICERS; AMENDING SECTION 25-3505, IDAHO 11 CODE, TO REVISE DUTIES FOR OFFICERS RELATING TO ANIMALS CARRIED IN A CRUEL 12 MANNER AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 25-3511, IDAHO 13 CODE, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS AND ANIMAL CARE AND CONTROL 14 OFFICERS SHALL HAVE SPECIFIED DUTIES RELATING TO ABANDONED AND NEGLECTED 15 ANIMALS AND THE HUMANE DESTRUCTION OF ABANDONED ANIMALS, TO PROVIDE THAT 16 LAW ENFORCEMENT OFFICERS AND ANIMAL CARE AND CONTROL OFFICERS ARE AUTHO- 17 RIZED TO TAKE CERTAIN ACTIONS RELATING TO OTHER CRUELLY TREATED ANIMALS 18 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 25-3520A, IDAHO CODE, 19 TO PROVIDE FOR THE TERMINATION OF VIOLATORS' RIGHTS TO ANIMALS, TO PROVIDE 20 FOR THE AWARD OF SUCH ANIMALS TO CERTAIN ORGANIZATIONS OR AGENCIES AND TO 21 PROVIDE FOR THE AUTHORITY OF RECIPIENTS OF SUCH ANIMALS; AND AMENDING 22 CHAPTER 35, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23 25-3520B, IDAHO CODE, TO PROVIDE FOR THE SEIZURE OF CERTAIN ANIMALS, TO 24 PROVIDE THAT THE OWNERS OR KEEPERS OF SEIZED ANIMALS SHALL BE LIABLE FOR 25 REASONABLE COSTS, TO PROVIDE A FORFEITURE PROCESS, TO PROVIDE FOR SECURITY 26 DEPOSITS AND BONDS, TO PROVIDE FOR THE DISPOSITION OF SEIZED ANIMALS, TO 27 PROVIDE FOR LIABILITY OF CERTAIN UNPAID COSTS, TO PROVIDE THAT CERTAIN 28 ANIMALS MAY BE EUTHANIZED AND TO PROVIDE PROCEDURAL GUIDELINES. 29 Be It Enacted by the Legislature of the State of Idaho: 30 SECTION 1. That Section 25-3501, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 25-3501. ADMINISTRATION. The Idaho state department of agriculture, divi- 33 sion of animal industries shall be responsible for the administration of the 34 provisions of this chapter and shall inform the public and animal owners con- 35 cerning their legal responsibilities, and in cooperation with local law 36 enforcement, investigate and develop cases for prosecution. The division 37 shall be authorized to call upon any peace officer in the state to aid in ful- 38 fillment of the requirements of this chapter and refer cases for prosecution 39 to the appropriate authority. The foregoing shall not be construed to preclude 40 county or local officials, acting upon their own authority, from investigat- 41 ing, developing cases and prosecuting violations of this chapter that occur in 42 their jurisdiction. The cost to the department for administering the provi- 43 sions of this chapter shall be borne by the citizens of this state through the 2 1 appropriation of general funds for administration, personnel, travel, equip- 2 ment and supplies. No provision of this chapter relating to law enforcement 3 agencies and animal care and control agencies shall be construed to preclude 4 the authority of agencies or entities recognized in this section. 5 SECTION 2. That Chapter 35, Title 25, Idaho Code, be, and the same is 6 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 7 ignated as Section 25-3501A, Idaho Code, and to read as follows: 8 25-3501A. ENFORCEMENT -- ENFORCEMENT RESTRICTIONS. (1) Law enforcement 9 agencies and animal care and control agencies that provide law enforcement or 10 animal care and control services to a municipality or county, may enforce the 11 provisions of this chapter in that municipality or county. 12 (2) Animal care and control officers enforcing this chapter shall comply 13 with the same constitutional and statutory restrictions concerning the execu- 14 tion of police powers imposed on law enforcement officers who enforce this 15 chapter and other criminal laws of the state of Idaho. 16 (3) In cases where production animals are subject to a violation of sec- 17 tion 25-3504, 25-3505 or 25-3511, Idaho Code, law enforcement agencies and 18 animal care and control agencies shall not: 19 (a) Enforce section 25-3504, 25-3505 or 25-3511, Idaho Code, without 20 first obtaining an inspection and written determination from a department 21 investigator that a violation of one (1) or more of the sections has 22 occurred or is occurring; or 23 (b) Take a production animal from a production animal facility, pasture, 24 or rangeland for a violation of section 25-3504, 25-3505 or 25-3511, Idaho 25 Code, without first obtaining an inspection and written determination from 26 a department investigator that such action is in the best interest of the 27 animal. 28 SECTION 3. That Section 25-3502, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 25-3502. DEFINITIONS. The following words and terms, when used in this 31 chapter, shall have the following meanings, unless the context clearly indi- 32 cates otherwise: 33 (1) "Abandon" means to completely forsake and desert an animal previously 34 under the custody or possession of a person without making reasonable arrange- 35 ments for its proper care, sustenance and shelter. 36 (2) "Animal" means any vertebrate member of the animal kingdom, except 37 man. 38 (3) "Animal care and control agency" means any agency incorporated under 39 the laws of this state to which a county or municipality has conferred author- 40 ity to exercise the powers and duties set forth in this chapter based upon the 41 agency's ability to fulfill the purposes of this chapter. 42 (4) "Companion animal" means those animals including, but not limited to, 43 domestic dogs, domestic cats, rabbits, companion birds, and other animals com- 44 monly kept as pets. 45 (5) "Cruel" or "cruelty" shall mean any or all of the following: 46 (a) The intentional and malicious infliction of pain, physical suffering, 47 injury or death upon an animal; 48 (b) To maliciously kill, maim, wound, overdrive, overload, drive when 49 overloaded, overwork, torture, torment, deprive of necessary sustenance, 50 drink or shelter, cruelly beat, mutilate or cruelly kill an animal; 51 (c) To subject an animal to needless suffering, inflict unnecessary cru- 3 1 elty, drive, ride or otherwise use an animal when same is unfit; 2 (d) To abandon an animal; 3 (e) To negligently confine an animal in unsanitary conditions or to neg- 4 ligently house an animal in inadequate facilities; to negligently fail to 5 provide sustenance, water or shelter to an animal. 6 (6) "Department" means the Idaho state department of agriculture. 7 (7) "Department investigator" means a person employed by, or approved by, 8 the Idaho state department of agriculture, division of animal industries, to 9 determine whether there has been a violation of this chapter. 10 (8) "Division" means the division of animal industries of the Idaho state 11 department of agriculture. 12 (49) "Custodian" means any person who keeps or harbors an animal, has an 13 animal in his care or acts as caretaker of an animal. 14 (510) "Malicious" or "maliciously" means the intentional doing of a wrong- 15 ful act without just cause or excuse, with an intent to inflict an injury or 16 death. 17 (611) "Owner" means any person who has a right of property in an animal. 18 (712) "Person" means any individual, firm, corporation, partnership, other 19 business unit, society, association or other legal entity, any public or pri- 20 vate institution, the state of Idaho, or any municipal corporation or politi- 21 cal subdivision of the state. 22 (813) "Pound" means a place enclosed by public authority for the detention 23 of stray animals. 24 (14) "Production animal" means, for purposes of this chapter: 25 (a) The following animals if kept by the owner for the express purpose of 26 producing food or fiber: cattle, sheep, goats, swine, poultry, ratites; 27 (b) Furbearing animals kept for the purpose of commercial fur production; 28 and 29 (c) Equines, domestic cervidae, and members of the camelidae family which 30 includes llamas and alpacas. 31 SECTION 4. That Section 25-3504, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 25-3504. COMMITTING CRUELTY TO ANIMALS. Every person who is cruel to any 34 animal, or causes or procures any animal to be cruelly treated; and whoever, 35 having the charge or custody of any animal, either as owner or otherwise, sub- 36 jects any animal to cruelty, is, for every such offense, guilty of a misde- 37 meanor and shall, upon conviction, be punished in accordance with section 38 25-3520A, Idaho Code. Any law enforcement officer or animal care and control 39 officer, subject to the restrictions of section 25-3501A, Idaho Code, may take 40 possession of the animal cruelly treated, and provide care for the same, until 41 final disposition of such animal is determined in accordance with section 42 25-3520A or 25-3520B, Idaho Code. 43 SECTION 5. That Section 25-3505, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 25-3505. CARRYING IN A CRUEL MANNER -- SEIZURE, EXPENSES, LIEN. Whoever 46 carries or causes to be carried in or upon any vehicle or otherwise any animal 47 in a cruel manner, or knowingly andwilfullywillfully authorizes or permits 48 it to be subjected to cruelty of any kind, is guilty of a misdemeanor and 49 shall, upon conviction, be punished in accordance with section 25-3520A, Idaho 50 Code. Subject to the restrictions of section 25-3501A, Idaho Code, wWhenever 51 any such person is taken into custody therefor by any officer, such officer 4 1 must take charge of such vehicle, and its contents,together withand deposit 2 them in some place of custody, and must take possession of the animal and 3 depositthemit in some place of custody. Any necessary expense incurred for4taking care of and keeping the same, is a lien thereon, to be paid before the5same can be lawfully recovered; and if such expense, or any part thereof6remains unpaid, it may be recovered, by the person incurring the same, from7the owner of such animal, in an action thereforuntil final disposition of the 8 animal is determined in accordance with section 25-3520A or 25-3520B, Idaho 9 Code. 10 SECTION 6. That Section 25-3511, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 25-3511. PERMITTING ANIMALS TO GO WITHOUT CARE -- ABANDONED ANIMALS TO BE 13 HUMANELY DESTROYED. Every owner, custodian or possessor of any animal, who 14 shall permit the same to be in any building,inclosureenclosure, lane, 15 street, square or lot of any city, county or precinct, without proper care and 16 attention, as determined by an Idaho licensed veterinarian, or a representa- 17 tive of the division, shall, on conviction, be deemed guilty of a misdemeanor 18 and shall, upon conviction, be punished in accordance with section 25-3520A, 19 Idaho Code.And iIt shall be the duty of anypeace officer, or officer of any20incorporated association qualified as provided bylaw enforcement officer or 21 animal care and control officer, subject to the restrictions of section 22 25-3501A, Idaho Code, to take possession of the animal so abandoned or 23 neglected, and care for the same untilit is redeemed by the owner or claim-24ant, and the cost of caring for such animal shall be a lien on the same until25the charges are paidfinal disposition of such animal is determined in accor- 26 dance with section 25-3520A or 25-3520B, Idaho Code. Every sick, disabled, 27 infirm or crippled animal which shall be abandoned in any city, county or pre- 28 cinct, may if after due search no owner can be found therefor, be humanely 29 destroyed, or other provision made for the animal by or on the order of such 30 officer; and it shall be the duty of allpeace officers, or by an officer of31said incorporated associationlaw enforcement officers or animal care and con- 32 trol officers, to cause the same to be humanely destroyed, or other provision 33 made therefor, on information of such abandonment. Subject to the restrictions 34 of section 25-3501A, Idaho Code, sSuch officer may likewise take charge of any 35 animal that by reason of lameness, sickness, feebleness or neglect, is unfit 36 for the activity it is performing, or that in any other manner is being cru- 37 elly treated; and, if such animal is not then in custody of its owner, such 38 officer shall give notice thereof to such owner, if known, and may provide 39 suitable care for such animal untilit is deemed to be in a suitable condi-40tion, as determined by an Idaho licensed veterinarian or a representative of41the division, to be delivered to such owner, and any necessary expenses which42may be incurred for taking care of and keeping the same shall be a lien43thereon, to be paid before the same can be lawfully recovered. If, after due44process underfinal disposition of such animal is determined in accordance 45 with section 25-3520A or 25-3520B, Idaho Code. If, in accordance with this 46 section, a responsible owner cannot be found, the animal may be offered for 47 adoption to a responsible person in lieu of destruction. 48 SECTION 7. That Section 25-3520A, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 25-3520A. PENALTY FOR VIOLATIONS -- TERMINATION OF RIGHTS. (1) Except as 51 provided in section 25-3503, Idaho Code, any person convicted for a first 5 1 violation of any of the provisions of this chapter shall be punished, for each 2 offense, by a jail sentence of not more than six (6) months or by a fine of 3 not less than one hundred dollars ($100) or more than five thousand dollars 4 ($5,000), or by both such fine and imprisonment. 5 (2) Except as provided in section 25-3503, Idaho Code, any person con- 6 victed of a second violation of any of the provisions of this chapter within 7 ten (10) years of the first conviction, shall be punished for each offense, by 8 a jail sentence of not more than nine (9) months or a fine of not less than 9 two hundred dollars ($200) or more than seven thousand dollars ($7,000) or 10 both fine and imprisonment. 11 (3) Except as provided in section 25-3503, Idaho Code, any person con- 12 victed of a third or subsequent violation, within fifteen (15) years of the 13 first conviction, shall be punished for each offense by a jail sentence of not 14 more than twelve (12) months or a fine of not less than five hundred dollars 15 ($500) or more than nine thousand dollars ($9,000) or by both fine and impris- 16 onment. 17 (4) If a person pleads guilty or is found guilty of an offense under this 18 chapter, the court may issue an order terminating the person's right to pos- 19 session, title, custody or care of an animal that was involved in the offense 20 or that was owned or possessed at the time of the offense. If a person's right 21 to possession, title, custody or care of an animal is terminated, the court 22 may award the animal to a humane society or other organization that has as its 23 principal purpose the humane treatment of animals, or may award the animal to 24 a law enforcement agency or animal care and control agency. The court's award 25 of custody or care of an animal will grant to the organization or agency the 26 authority to determine custody, adoption, sale or other disposition of the 27 animal thereafter. 28 SECTION 8. That Chapter 35, Title 25, Idaho Code, be, and the same is 29 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 30 ignated as Section 25-3520B, Idaho Code, and to read as follows: 31 25-3520B. SEIZURE -- COSTS -- FORFEITURE PROCEEDINGS -- SECURITY DEPOSIT 32 OR BOND -- DISPOSITION -- PROCEDURAL GUIDELINES. (1) Any person having author- 33 ity to enforce this chapter, in accordance with section 25-3501 or 25-3501A, 34 Idaho Code, who has probable cause to believe there has been a violation of 35 section 25-3504, 25-3505, 25-3506, 25-3507, 25-3510 or 25-3511, Idaho Code, 36 may take custody of the animal involved. 37 (2) If any animal is seized under this section, the owner or keeper shall 38 be liable for the reasonable costs of the seizure and the care, keeping and 39 disposal of the animal. Reasonable costs shall include, but shall not be lim- 40 ited to, transportation, medical, board, shelter and farrier costs. 41 (3) If any animal is in the possession of, and being held by, a law 42 enforcement agency or animal care and control agency pursuant to the provi- 43 sions of this chapter, pending the outcome of a criminal action charging a 44 violation of this chapter, and prior to final disposition of the criminal 45 charge, the animal care and control agency or law enforcement agency may file 46 a petition in the criminal case requesting that the court issue an order for- 47 feiting the animal to the law enforcement agency or animal care and control 48 agency. The petitioner shall serve a true copy of the petition upon the 49 defendant. 50 (4) Upon receipt of a petition pursuant to subsection (3) of this sec- 51 tion, the court shall set a hearing on the petition. The hearing shall be con- 52 ducted within fourteen (14) days after the filing of the petition, or as soon 53 as practicable. The hearing shall be limited to the question of forfeiture of 6 1 the animal. 2 (5) At a hearing conducted pursuant to subsection (4) of this section, 3 the petitioner shall have the burden of establishing probable cause to believe 4 that the animal was subjected to a violation of this chapter. A prior finding 5 of probable cause to proceed on the criminal case will create a permissive 6 inference that probable cause exists for the forfeiture proceeding. After the 7 hearing, if the court finds probable cause exists, the court shall order imme- 8 diate forfeiture of the animal to the petitioner, unless the defendant, within 9 seventy-two (72) hours of the hearing, posts a security deposit or bond with 10 the municipal or county treasurer in an amount determined by the court to be 11 sufficient to repay all reasonable costs incurred, and anticipated to be 12 incurred, for the care of the animal for at least thirty (30) days inclusive 13 of the day of the initial seizure and may order anticipated costs up to the 14 time set for trial on the criminal case if requested by the petitioner. If, 15 after the hearing, the court finds that no probable cause exists, the animal 16 shall be returned to the owner or keeper of the animal, and the owner or 17 keeper shall not be responsible for any costs of the seizure, care or treat- 18 ment, unless the person later pleads guilty to or is found guilty of a viola- 19 tion of this chapter. 20 (6) At the end of the time for which expenses are covered by the security 21 deposit or bond, if the person owning or keeping the animal desires to prevent 22 disposition of the animal, the owner or keeper shall post a new security 23 deposit or bond with the municipal or county treasurer which must be received 24 before the expiration date of the previous security deposit or bond. The court 25 may correct, alter or otherwise adjust the new security deposit or bond upon a 26 motion made before the expiration date of the previous security deposit or 27 bond, provided however, no person may file more than one (1) motion seeking an 28 adjustment to the new security deposit or bond. 29 (7) If a security deposit or bond has been posted in accordance with this 30 section, the law enforcement agency or animal care and control agency may draw 31 from that security deposit or bond reasonable costs in keeping and caring for 32 the animal from the date of the seizure to the date of final disposition of 33 the animal in the criminal action. 34 (8) At the end of the time for which expenses are covered by the security 35 deposit or bond, or if no security deposit or bond has been posted in accor- 36 dance with this section, the law enforcement agency or animal care and control 37 agency may determine disposition of the animal. The owner or keeper of the 38 animal shall be liable for all unpaid reasonable costs of the care, keeping or 39 disposal of the animal. Posting of the security deposit or bond shall not pre- 40 vent the law enforcement agency or animal care and control agency from dispos- 41 ing of the seized or impounded animal before the expiration of the period cov- 42 ered by the security deposit or bond if the court orders the forfeiture of the 43 animal or the owner relinquishes the animal. 44 (9) Upon resolution of the criminal action, remaining funds deposited 45 with the municipal or county treasurer which have not, and will not be 46 expended in the care, keeping or disposal of the animal shall be remitted to 47 the owner or keeper of the animal. 48 (10) Irrespective of any other provision of this section, if in the writ- 49 ten determination of a licensed veterinarian, the animal is experiencing 50 extreme pain or suffering, or is severely injured or diseased, and therefore 51 not likely to recover, it may be immediately euthanized. 52 (11) No proceeding under this section shall be used as a basis for a con- 53 tinuance or to delay the criminal case nor shall proceedings in the criminal 54 case, other than dismissal, be used as a basis to delay or continue the for- 55 feiture proceeding as provided for in this section. Proceedings under this 7 1 section are of a civil nature and governed by the Idaho rules of civil proce- 2 dure except as to limitations upon the discovery process. Due to the need to 3 conduct any proceeding necessary under this section in an expeditious manner, 4 and the right of any criminal defendant to avoid self-incrimination, any and 5 all discovery requests shall be granted only under authority of the court. 6 Discovery shall be authorized with the intent to provide the necessary infor- 7 mation relating directly to the evidence for the probable cause proceeding. In 8 no event shall discovery mechanisms be used to unreasonably burden the oppos- 9 ing party. Discovery mechanisms shall not include the deposition of any party, 10 witness or representative, the use of interrogatories, or the demand to 11 inspect any records outside the immediate reports and financial accountings 12 for the animal in question.
STATEMENT OF PURPOSE RS 15835 This legislation amends Idaho's animal cruelty statute to address the problem of the costs associated with caring for seized animals pending the outcome of the criminal proceedings for the animals' owner. The new language provides for an optional, expedited forfeiture hearing to determine whether the owner of a seized animal will choose to (1) pay the expense of boarding and caring for his animals while the animals are in custody of the agency or, (2) relinquish ownership of the animals. FISCAL NOTE Animal control agencies and local law enforcement throughout the state will potentially save thousands of dollars of taxpayer funds with the implementation of this legislation. The Idaho Humane Society (IHS) serves all of Ada County except Meridian & Garden City, covering a human population of 280,772 people (20% of Idaho's estimated population of 1,393,262). During FY2005, the IHS impounded 252 animals from its area of jurisdiction due to neglect and/or cruelty charges (includes horses, cats, birds, rabbits, etc.) constituting 54 separate cases and/or citations. The average time IHS held each animal until resolution of its owner's case was 87 days. The average cost per day for boarding (exclusive of charges such as medical, farrier, etc.) was $7.50. IHS recovered $648 from defendants as restitution for costs during FY2005. Based on these facts, if the legislation had been in place in FY2005, the estimated, potential cost savings to Ada County, and the cities of Boise, Star and Eagle would have been: (252 X (87 days 14 days pre-hearing) X $7.50 ) - $648 = $137,322 for FY2005. We can assume comparable savings could be realized by the taxpayers in the other 80% of the state. Contact Name: Senator Kate Kelly Phone: 850-7217 Senator Tim Corder Representative Kathy Skippen STATEMENT OF PURPOSE/FISCAL NOTE S 1396 REVISED REVISED REVISED REVISED