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Senate approves stricter animal cruelty bill

LITTLE ROCK—Tough protections for dogs, cats and horses easily passed the Arkansas Senate on Thursday and appeared headed for approval by the House and Gov. Mike Beebe.

Senators voted 34-0 to make aggravated animal cruelty a felony on a first offense. The measure, SB77, has 51 co-sponsors in the House and Beebe says he plans to sign the measure if it reaches his desk.

“No ’no’ votes. It doesn’t get any better than that,” said Sen. Sue Madison, D-Fayetteville, the bill’s sponsor.

Two years ago, a similar bill died after the Humane Society of the United States and the Arkansas Farm Bureau argued over how best to make the law tougher. Attorney General Dustin McDaniel negotiated a compromise that both sides now back.

Also Thursday, the Senate gave final approval to a pay raise for legislators, constitutional officers and judges and the House unanimously passed a bill that would move the state’s presidential primary back to May.

Under the proposed animal cruelty law, a first offense would be punishable by up to 6 years in prison and a $10,000 fine—with five years tacked on if an animal is tortured in the presence of a child. The law currently imposes up to a year in prison and a $1,000 fine.

In exchange for the stiffer penalties, animal welfare groups made several concessions, including a change in state law so only certified law enforcement officers can arrest someone for animal cruelty.

The House Judiciary Committee could take up the bill as early as next week. Without an emergency clause or specific effective date spelled out in the bill, the legislation would take effect 90 days after the Legislature adjourns.

House Minority Leader Bryan King said he planned to vote against the bill, but said he’s not trying to organize opposition among other Republicans.

“I’m for a felony conviction on animal cruelty, just on the second offense,” King said.

Also Thursday, senators gave final approval to legislation that would give them, House members, constitutional officers and judges a 3.85 percent pay raise. By a 29-2 vote, senators approved the general appropriations bill, which funds the core operations of state government. Three members voted present.

Under the proposal, the salaries of representatives and senators would increase from $15,362 to $15,953 starting July 1. The salaries of the Senate president and House speaker would increase from $17,203 to $17,865 under the proposal.

The legislation also increases the governor’s salary from $84,114 to $87,352.

Sen. Ruth Whitaker, who voted against the legislation, said she had heard complaints about the pay hikes.

“Some of my constituents are writing and calling saying how could you raise salaries at a time like this?” said Whitaker, R-Cedarville.

The Senate adjourned after considering the animal cruelty and general appropriations bills and will convene again Monday.

The measure to move the state’s presidential primary to May drew no discussion among lawmakers before the 96-0 vote. The bill’s sponsor, Rep. Jon Woods, R-Springdale, said moving the primary back to May would save the state $1.7 million.

Four years ago, the Legislature voted to hold the state’s presidential primary on the first Tuesday in February, while still holding primary contests for state races in May. But 20 other states followed suit, and Arkansas saw little attention during the 2008 Republican and Democratic primaries for president.

The House also passed a bill Thursday that recognizes Jan. 29 as Thomas Paine Day. The same measure failed two years ago after lawmakers questioned the author’s writings on Christianity.

The House also narrowly rejected a bill that would require lawmakers to put in writing when their legislation would weaken the state’s Freedom of Information Act. Lawmakers voted down the measure by Rep. Dan Greenberg, R-Little Rock, on a 49-17 vote, with 26 members not voting and eight voting present.

“The big problem that bill is intending to solve is that legislators in the past have used euphemisms to conceal the fact that Freedom of Information rights are trying to be chipped away at,” Greenberg said afterward.

The attempted strangulation or smothering of someone would become a class C felony under a bill advanced Thursday by the House Judiciary Committee. The bill’s sponsor, Rep. Dawn Creekmore, D-Hensley, said it’s often difficult for police officers and prosecutors to classify the incident as battery, because there isn’t always immediate physical evidence.

The measure deals with attempts that do not result in death. Creekmore said the bill is necessary to help train police officers to watch out for signs of attempted strangulation—often prevalent in cases of domestic violence, she said.

The committee also advanced Creekmore’s bill that would make it a felony for someone who is convicted more than once of violating a protection order. That crime is now a misdemeanor, regardless of how many times someone is convicted.

The committee also considered Rep. Donna Hutchinson’s bill that would strengthen penalties against people convicted of taking inappropriate photos of someone without his or her consent, then sending it to someone else or putting it on the Internet. Hutchinson, R-Bella Vista, pulled down the bill to amend it.

Hutchinson said the bill is aimed at youth who take “locker room” photos of other kids and share them with others, usually on the Internet.

“This has become the new form of being a bully in high school,” Hutchinson said.



Associated Press Writer Jill Zeman contributed to this report.







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