By Howard Fischer
Capitol Media Services
PHOENIX -- Come Sept. 26, it's finally going to be a crime in Arizona to fail to get proper medical attention for a pet.
Turns out, it's not currently illegal -- a gap in the law that became apparent last year when law enforcement officials in Maricopa County said their ability to act was limited despite reports that a Chandler woman was hoarding dogs. When police finally did get a search warrant, they found nearly five dozen dogs, including five found dead in a freezer.
Not all the remaining animals survived.
What all that led to was SB 1658 which, when it takes effect, adds a new provision to existing laws on animal cruelty. It will now include intentionally, knowingly or recklessly failing to provide medical attention to prevent "unreasonable suffering'' to a domestic animal under that person's control.
"This bill importantly closes dangerous loopholes that have allowed for prolonged suffering of these animals,'' Gov. Katie Hobbs said at a ceremonial signing ceremony at the Arizona Humane Society.
Attending the event was Jerry, one of the dogs rescued from Chandler. He requires a harness to support his back legs but appeared otherwise happy and healthy.
Still, what made it to the governor's desk wasn't exactly what had been sought by Sen. Shawnna Bolick.
As originally crafted by the Phoenix Republican, it also included provisions making it illegal to fail to provide food appropriate for the species and fit for consumption as well as water suitable for drinking. But those had to be jettisoned in order to get the votes for the measure.
The senator said Monday she did not know whether she will seek to put those provisions into future legislation. But Bolick said what survived is significant.
"Even though this bill was watered down in the House from the Senate's initial version, the remaining parts of this bill will still provide law enforcement with the necessary tools to act more quickly in obtaining a warrant,'' she said.
The measure had a rocky path.
Bolick managed to get the first version of the measure out of the Senate in March, only to have it stall in the House.
It then got resurrected in the House when Rep. Walt Blackman used his position as chair of the House Government Committee to strip it onto another bill. But he was forced to strip out the requirements for appropriate food and water.
What it all came down to, the Snowflake Republican told Capitol Media Services, was lining up the votes.
"The two provisions were removed as part of broader negotiations to advance the legislation and secure wider support for the bill, he said.
Still, there were objections.
Rep. Alexander Kolodin complained that the measure would require people to provide more medical care for a pet than they could afford for themselves or face jail time.
Nor was the Scottsdale Republican happy with the language that the owners of dogs that primarily live outside provide shelter with covering, is maintained in good repair, is large enough to protect the dog from the elements and is maintained "in a manner that minimizes the risk of disease, infestation or parasites.''
Kolodin said it requires pet owners to provide "a level of housing quality that they themselves may not possess.''
Hobbs on Monday said the final measure deals with all that, making "appropriate exceptions for working dogs and dogs owned by people experiencing homelessness.''
Bolick said there was one last hurdle.
Once the measure was revived in the House it had to go back to the Senate for final approval.
"I told the Senate president I would be withholding my vote on the Senate budget until I knew this bill would be scheduled for a final vote,'' she told those at the bill signing event. "Obviously, I was promised a vote or we wouldn't be here today.''
As it turned out, Bolick's vote wasn't needed: The budget was approved by a 17-12 bipartisan margin; it actually needed only 16 to become law.
Senate President Warren Petersen did not respond to a query about the senator's claim.
Hobbs, who toured the Arizona Humane Society ahead of the ceremony to see and pet some of the crittters there, said she wouldn't be taking home any of the dogs or cats -- or, for that matter, rabbits, guinea pigs, ferrets or other animals. She already has a calico cat. And the governor that her French bulldog Harley would be jealous.
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