Gordon Fellows

1. HB 1766 switches the responsibility for establishing probable cause to confiscate livestock (equines are livestock) from a licensed veterinarian to SPECIFICALLY our State Veterinarian (or their designee). This is already a process that is under the constant pressure of time, during which suffering continues, and life or death may hang in the balance. This adds another layer of management which further complicates and prolongs the process. Even more egregious is the fact that this bill would allow the State Veterinarian (or their designee) to accompany the investigating officer via video! How does one take temperatures, feel digital pulses, or examine mouths via video? This reflects an impractical approach to animal cruelty investigations. 2. HB 1766 would eliminate any duly licensed humane society from having any role in the confiscation of ANY TYPE OF ANIMAL in cruelty cases. The current law allows this, with exception to livestock without a licensed vet. This bill removes them as an able party and further states that because they are not an employee of the government they would no longer be allowed to contribute their assistance in the process of determining temporary protective custody, discussions about seizure and would be forbidden from taking part in or be present during any investigation in a complaint. Only a law enforcement officer, our State Veterinarian (or their designee), and an Animal Control Officer (extreme shortage of ACO's across our state) can have any involvement. Prohibiting duly licensed humane societies in this way will eliminate a vital resource in the investigation of animal cruelty. 3. HB 1766 seeks to reduce the role of duly licensed humane societies to little more than organizations that have facilities to house confiscated animals. Further they will be required to sign binding nondisclosure agreements relative to their knowledge of cruelty cases AND they will be prohibited from soliciting donations based on any specifics or likeness of cruelty cases. While common sense limitations must be placed on what can be published to avoid potential legal ramifications, the intention here appears to be to silence them. In other words, these non-profits can shelter our communities’ confiscated animals BUT their hands will be tied on how they are able to rally the public to help by soliciting donations for cost of care. 4. HB 1766 has eliminated the list of penalties offerred to the court which could be imposed upon convicted offenders including: restrictions from possessing animals, engaging in employment in the care of animals and other prohibitions necessary to protect animals from these same people in the future. Having this language removed dilutes the power of the court thereby enabling future abuses to potentially continue.