Felony Cruelty Bill Archive

It Passed!

Kentucky General Session 2000 Update.  A felony cruelty bill was introduced in two different versions, one by Senator Ernie Harris and the second by Representative Ruth Ann Palumbo.  Neither bill was passed into law. KCAP believes this was due to both bills containing inherent weaknesses and being introduced relatively late in the session.  KCAP worked with Senator Harris and Kentucky Animal Care and Control Association (KACCA) member Becky Reiter for passage of the Senate bill.  Members of KCAP's Board of Directors twice made the trip to Frankfort to meet with Senator Harris.  Thanks to all and to Senator Harris and Representative Palumbo for their efforts. It is clear from the reception these bills received that we must all continue to educate our legislators as well as the general public in the connection between animal cruelty and human violence. With 28 states committed to felony penalties for animal cruelty, we will, in time, see Kentucky added to the list, but not without effort and persistence.

Update HB41 (Felony Cruelty bill)  is being heard on March 1st, 2001 by a full house.  The bill has been amended to contain the following provisions:

Permit, rather than require, the court to order counseling for the defendant convicted of animal torture; create an exception to the animal torture section and the cruelty to animals section for animal and pest control.

Retain original provisions, add defense to charge of animal torture and cruelty to animals in the second for bona fide research by a business entity to the exemption for an institution of higher education.

Amend the exemption to the definition of animal torture  relating to activities such as horse racing, training and showing.

Amend to provide for exemption of business entities engaged in lawful animal research compliance with federal statutes and regulations related to animal welfare.

Amend to delete provision relating to seizure of all animals and restrict seizure and forfeiture to animal subject to violation of the law. 

Further update on HB41 which was introduced by Representative Ruth Ann Palumbo, passed the House Judiciary Committee with the above amendments.  We believe this bill would have passed through the House, however, when it became clear that the chair of Senate Judiciary, Robert Stivers, was opposed to the bill and would not hear it, Rep. Palumbo decided against calling it for a vote on the House floor.  KCAP  believes that passing a felony cruelty bill is of the utmost importance.  To understand the link between animal abuse and human violence please visit our "First Strike" page.

Other bills affecting animals include a general "clean-up" bill, which resulted in reduction of the holding period for dogs from seven days to five days.  Many shelters were supportive of this move believing it to be a way to increase the time they can hold the more adoptable animals. KCAP took a neutral position on this issue. 

A bill for a special spay/neuter license plate (SB 40) was introduced by Senator Tom Buford.  This bill would have authorized the Department of Transportation to produce and sell special license plates, the revenue from which would be earmarked for spay/neuter programs.  Typically these plates generate an average of $500,00.00 annually. We thought this bill would easily pass.  It passed the Senate and was on its way to the House, when , unexpectedly, the whole bill was gutted and content replaced by that having to do with KERA FUNDING.  Since the bill had no opposition, we are unclear as to why the move was taken.   By now it is common knowledge that there was a lot of dissension going on between the two political parties and it is possible that the license plate fell victim to this. 

Legislators need to be reminded that there are a lot of well meaning people (often elderly and often poor) taking care of multiple animals because of the pet overpopulation problem  Funding for spay/neuter in not a trivial matter to them rather it would be a substantial boon to allow them to manage their lives with the compassion they rightly feel for these homeless creatures.  The Senate leadership, however, seems to believe that their compassion and caring is an unimportant matter.

The long term answer is not to incarcerate and kill more animals, but to take preventative measures to prevent the problem in the first place.  Legislators need to hear that we, personally, will purchase a license plate hen this bill is passed. (Keep $50.00 budgeted for this.  The plate will not be produced until there are 900 orders orders with money submitted)

It is essential that we educate our legislators to the importance of these two bills. (HB 41 and SB 40) Specifically, please contact Senator David Williams, Clinton County, President of the Senate and Senator Don Kelly, Springfield, Majority Leader.  Also please let your own legislators know how you feel.  Representatives Ruth Ann Palumbo and Joni Jenkins for Felony Cruelty.  Also thank Rep. Gross Clay Lindsay, Chair of the Judiciary Committee for hearing the bill in committee.  He needs to know that we appreciate this and that we believe he did the right thing.   Thanks to Senator Tom Buford for sponsoring the license plate bill.  Mailing addresses can be obtained from the Legislative Research Commission at  800-372-7181

An appropriation for the  Animal Care and Control Board was approved so this body will have funds with which to seek improvements for Kentucky shelters. During the 200 session, the state gave the board $1million to train animal control officers and to build and improve animal shelters around the state.  The board has planned three training sessions so far: a workshop on euthanasia that took place in October, a course on animal behavior scheduled for April, and a level 1 National Animal Control Association training program set for July.  In addition, counties can apply for $$ to build shelters or improve existing facilities.  If you fell your shelter may qualify, contact Becky Reiter at 859-586-5285.

Finally, the wildlife of Kentucky did not fair too well since a bill introduced by Senator Bob Leeper was passed which will allow the Department of Fish and Wildlife to administer wildlife management plans (including hunting and lethal control) on publicly owned land.  Fund for Animals Coordinator, Pam Rogers, spoke eloquently against this bill and Representative Mary Lou Marzian introduced amendments, which would have diluted the negative impact on wild animals but the bill passed without these amendments.

An update from Becky Reiter,
Legislative Coordinator,
Kentucky Animal Care and Control Association
Representative Ruth Ann Polumbo is planning to file the Felony Animal Cruelty bill, stating that she feels it is of "paramount importance". All indications are that the bill will deal mainly with the more serious animal cruelty cases, such as torture and mutilation. The bill will raise violent cruelty cases to a felony class and will allow courts to require a psychiatric evaluation.

I would suggest that we begin making contact with our legislators. Inform them that the Felony Animal Cruelty Bill will be filed and you are seeking broad support for the bill.

Take a few minutes to educate yourself on the issue and with the latest stats. HSUS has a lot of statistics on the link between serious animal cruelty cases and human violence. Go to the following link for more information: http://www.hsus.org/firststrike/factsheets/firststrike_stats.html

Although this is an animal issue for many of us, we need to focus on the human violence and public safety aspect.