Friday, February 14, 2014

Fighting Animal Neglect and Abuse ~ STATE REP. KATE BROPHY-McGee










Two years ago, a constituent asked me to serve on a City of Phoenix Task Force dealing with animal cruelty issues. She told me about terrible abuses going on in my district, where intervention was difficult-to-impossible, conviction unlikely, and penalties minimal. I immediately agreed. The Task Force, chaired by Councilwoman Thelda Williams and Councilman Michael Nowakowski, met for many months. My role on the Task Force was to develop legislation honing in on definitions of animal cruelty. Examples include: What does "food, water and shelter" mean? What is "prolonged suffering?" Those definitions were the key to intervention, successful prosecution, and conviction in domestic animal abuse cases. Without them, the status quo would continue, along with epidemic abuse of domestic pets. Tougher penalties were also on the table. It made no sense for an individual to be convicted of animal abuse, only to have them get off with a slap on the wrist and no consequences for continuing abuses.

I assembled a group of stakeholders and quickly learned how difficult these definitions were to quantify. Stakeholders included representatives from animal welfare organizations, agriculture, law enforcement, prosecutors, and the courts. Most importantly, our work group included front line responders - those who went out to investigate complaints of abuse and neglect. We worked hard, but the legislation updating these critically important definitions failed last session. The reason it failed is because we could not adapt it to the legal, humane commercial activities of livestock and farm animal growers, including Arizona ranchers and farmers, livestock shows and fairs, and our 4H students. I understood that humane treatment and handling of animals raised for commercial purposes is different than humane treatment of pets. At the same time, I was haunted by the realization that keeping the status quo meant that the domestic pet abuse and hoarding occurring in my district would continue unabated.

I was honored to sign on to HB2587 as a sponsor. There are two parts to the bill. First, HB2587 contains all of the provisions we developed in the failed legislation from the prior session, plus a definition of hoarding. The bill includes increased penalties for animal neglect and abuse. The bottom line is that if this bill passes, animal welfare officers on the front line will be able to intervene when neglect and abuse is evident. Prosecutors can convict, and penalties are tougher, particularly on repeat offenders. Courts can order psychological evaluations in proven cases of serial abuse and hoarding.

Additionally, HB2587 establishes a separate track for commercial livestock regulation and animal abuse. This part of the bill needs more work because the language is not clear, and stakeholder meetings are underway to clarify concerns. My intent is to establish clear, enforceable animal cruelty provisions appropriate for commercial activities. My intent is that the Department of Agriculture work in cooperation with local law enforcement to investigate allegations of animal abuse against livestock owners and producers and provide needed expertise. The department and its trained peace officers, knowledgeable in animal husbandry practices, will be an important resource to local law enforcement, a role the department already fulfills in the investigation and prosecution of horse abuse cases. Finally, HB2587 must include tough penalties for those convicted of abuse. Successful passage of this bill will put a stop to those "bad actors" that are not treating their animals humanely.

HB2587 is a serious piece of policy work, but it is still a work in progress. I support this bill and am working to iron out the problematic language in order to make the intent crystal clear. We are not there yet, but I am working to get us there. We have the opportunity to make it safer and more humane for all of our Arizona animals, including domestic pets and livestock. I hope you will support me in these efforts!