Addressing animal hoarding

By Richard Ecke, Great Falls Tribune

A bill to limit hoarding of animals in Montana drew praise and concern Thursday during a three-hour House Judiciary Committee hearing.

The bill’s main sponsor, Sen. Mitch Tropila, D-Great Falls, said the new law would get animal hoarders mental health help, and might help authorities intervene sooner than under existing animal cruelty laws.

Tropila said cruelty cases involving large numbers of animals sometimes can cost communities hundreds of thousands of dollars to prosecute the offender and care for seized animals.

He said the proposed law might be used a few times each year in Montana because of the imposed restrictions.

“We have set the bar extremely high,” Tropila said.

Opponents included hobby and animal breeders, who worried they might fall under the anti-hoarding law.

Bob Myers, a Helena area breeder of Brittany pointing dogs, wondered whether a new neighbor from out of state might use the law to try to shut down his dog-breeding operation.

“This bill is poorly written,” said breeder Jan Breitenfeldt of Whitehall. “If animals are properly cared for, it should not matter how many we have.”

Tropila said the bill would not apply to people who properly caring for their animals.

“If they’re starving them, then yes,” Tropila said as to whether the bill would apply. “If they’re caring for them, not at all.”

Other bill opponents, including several mental health professionals, questioned whether the bill unfairly criminalizes mental illness. Brant Light, an assistant attorney general and former Cascade County attorney, said defendants would not be criminally prosecuted if they were found mentally incompetent.

Light added that animal hoarding cases are difficult to prosecute under current cruelty laws.

Cascade County Sheriff David Castle said the bill, which defines animal hoarding and calls for sentences of up to two years in jail, would make it easier for his office to deal with animal cases.

“The animal cruelty cases can take more time than a rape or a sexual assault case,” Castle said.

The proposed law on hoarding would allow earlier intervention, the sheriff said.

Castle added the county jail can be dangerous for inmates.

“I don’t want to put animal hoarders or people with pets in jail,” Castle said.

After the hearing, Tropila said he hopes the committee will make a recommendation on the bill within the next week. A positive vote would send Senate Bill 221 to the House floor for debate. The Senate already passed the legislation.