View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2006
IN 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 and wilfully willfully 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 with and deposit
2 them in some place of custody, and must take possession of the animal and
3 deposit them it in some place of custody. Any necessary expense incurred for
4 taking care of and keeping the same, is a lien thereon, to be paid before the
5 same can be lawfully recovered; and if such expense, or any part thereof
6 remains unpaid, it may be recovered, by the person incurring the same, from
7 the owner of such animal, in an action therefor until 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, inclosure enclosure, 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 any peace officer, or officer of any
20 incorporated association qualified as provided by law 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 until it is redeemed by the owner or claim-
24 ant, and the cost of caring for such animal shall be a lien on the same until
25 the charges are paid final 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 all peace officers, or by an officer of
31 said incorporated association law 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 until it is deemed to be in a suitable condi-
40 tion, as determined by an Idaho licensed veterinarian or a representative of
41 the division, to be delivered to such owner, and any necessary expenses which
42 may be incurred for taking care of and keeping the same shall be a lien
43 thereon, to be paid before the same can be lawfully recovered. If, after due
44 process under final 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