Bill Text: NH SB569 | 2018 | Regular Session | Amended
Bill Title: Relative to animal cruelty and establishing a commission to study cost of care for confiscated animals.
Spectrum: Slight Partisan Bill (Republican 11-6)
Status: (Engrossed - Dead) 2018-05-17 - Conference Committee Report: Not Filed [SB569 Detail]
Download: New_Hampshire-2018-SB569-Amended.html
SB 569-FN - AS AMENDED BY THE HOUSE
03/08/2018 0720s
03/08/2018 1020s
03/08/2018 0938s
03/22/2018 1157s
2May2018... 1709h
2018 SESSION
18-2862
08/03
SENATE BILL 569-FN
SPONSORS: Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Innis, Dist 24; Sen. Kahn, Dist 10; Sen. Reagan, Dist 17; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. S. Schmidt, Carr. 6; Rep. DesMarais, Carr. 6; Rep. Danielson, Hills. 7; Rep. Umberger, Carr. 2; Rep. W. Marsh, Carr. 8
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill:
I. Defines "breeding female dog."
II. Allows the department of agriculture, markets, and food to suspend or revoke a pet vendor license upon completion of an investigation.
III. Requires certain records for animal transfers.
IV. Requires animal shelter facilities to perform certain tasks before transfering an animal.
V. Makes animal hoarding a misdemeanor.
VI. Establishes the cost of care for confiscated animals and inspections of pet vendors study commission.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0720s
03/08/2018 1020s
03/08/2018 0938s
03/22/2018 1157s
2May2018... 1709h
18-2862
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. The purpose of this act is to better provide that the commercial breeding of dogs is performed in a manner that protects the health and welfare of the dogs, and that there is the necessary oversight by the department of agriculture, markets, and food and local officials to ensure that dogs are treated humanely, and that basic animal care standards are met.
II. The purpose of the study commission on the cost of care of confiscated animals is to determine an effective means of protecting local property taxpayers from potentially significant expenses due to the cost of boarding and medical treatment for companion animals that have been lawfully removed from the owner due to allegations of abuse or neglect.
2 Transfer of Animals and Birds. RSA 437:1 is repealed and reenacted to read as follows:
437:1 Definitions. In this subdivision:
I. "Animal rescue facility" means any non-profit organization which is tax exempt under Section 501(c)(3) of the United States Internal Revenue Code or is licensed or registered as an animal rescue facility or similar entity with a state regulatory agency, and whose mission and practice is, in whole or in significant part, the rescue of homeless or abandoned animals and the placement of those animals in permanent homes.
II. "Animal shelter facility'' means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned, operated, and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contracts with a municipality to serve that function.
III. "Breeding female dog" means an unspayed female dog kept and maintained for the demonstrated purpose of breeding and selling or transferring the dog's offspring, and which is in whelp or has produced a litter any time in the preceding 12 months. An unspayed female dog which has not produced a litter in 18 months shall not be considered a breeding female dog.
IV. "Broker" means a person acting as an agent or intermediary in negotiating or transferring dogs, cats, or ferrets when transfer to the final owner occurs in New Hampshire.
V. "Commercial breeding kennel'' means a person that keeps, maintains, or owns 7 or more breeding female dogs or transfers 10 or more litters or 50 or more puppies in any 12-month period. "Commercial breeding kennel" includes a person that keeps, maintains, or owns dogs on the same property as another person who also keeps, maintains, or owns dogs and the total number of breeding female dogs on the property is 7 or more.
VI. "Commissioner'' means the commissioner of the department of agriculture, markets, and food.
VII. “Person” means any person, firm, business, corporation, or other entity.
VIII. "Pet store" means any person licensed to keep, maintain, and transfer certain live animals, birds, and fish at retail to the public.
IX. "Pet vendor” means any person engaged in the business of transferring live animals or birds customarily used as household pets to the public, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire, when transfer to the final owner occurs within New Hampshire. Pet vendor includes animal rescue facilities, animal shelter facilities, brokers, commercial breeding kennels, and pet stores.
X. "Transfer'' means transfer of ownership of live animals or birds from any person to a member of the public.
3 Requirements; Transfer of Animals or Birds. Amend RSA 437:3 to read as follows:
437:3 Requirements. No pet vendor shall transfer animals or birds without a license. A pet vendor shall apply to the commissioner for a license, giving such information as the commissioner shall require. The application shall include proof that the zoning enforcement official of the municipality wherein any facility is to be maintained has certified that the facility conforms to the municipal zoning regulations. The application shall be accompanied by a non-refundable $200 fee. All licenses shall expire on June 30 of each year and be subject to renewal upon submission of a new application. No licenses shall be transferable. The department may suspend or revoke a license at any time if, in the judgment of the department, the conditions under which the license was issued are not being maintained. Upon receipt of a written complaint from a person or agency alleging violation of this subdivision, the department shall initiate an investigation of such complaint within a reasonable time, not to exceed 10 business days from the date of the complaint. The written complaint shall not be made anonymously and the licensee, or his or her representative, may request and receive a copy of the full written complaint upon request. A pet vendor licensed under this subdivision shall:
I. Maintain in a clean and sanitary condition all premises, buildings, and other enclosures used in the business of dealing in live animals or birds customarily used as household pets, and ensure that their use will not result in the inhumane treatment of such animals or birds.
II. Submit premises, buildings and other enclosures to unannounced inspection during regular and customary business hours by department employees or local animal control, law enforcement, or health officials at reasonable times. Licensees without a physical facility in New Hampshire shall be exempt from facility inspection, however an interstate certificate of veterinary inspection from the state of origin for every imported dog, cat, or ferret handled by the licensee shall be submitted to the department for review within one month of the date of the certificate.
III. Maintain, subject to inspection by the commissioner, his or her agent, local officials, or law enforcement, [or any member of the public,] a proper record in which all live animals or birds customarily used as household pets obtained or transferred shall be listed, giving the breed, date the animal was obtained and transferred, and from whom the animal or bird was obtained and to whom the animal was transferred. Such record shall also show the microchip, leg band, or tattoo number of each animal or bird, where applicable, and documentation of any veterinary examinations, treatments, or procedures. Animals or birds that do not bear such identification shall be identified by recording markings, a physical description and any other information as the commissioner deems necessary to identify such animals or birds. Such records shall be maintained for at least 3 years after the transfer of each animal or bird.
IV. Keep records of all animals or birds intended for transfer indicating identification, point of origin, and recipient, maintain such records for at least 3 years after the transfer of each animal or bird, and shall submit said records to the commissioner upon request.
V. Abide by such other rules as the commissioner may adopt to control disease.
4 Refusal to Issue; Suspension or Revocation of Licenses. Amend RSA 437:4 to read as follows:
437:4 Refusal to Issue; Suspension or Revocation of License.
I. The commissioner, after notice to the licensee and opportunity for hearing, as set forth in the rules adopted under RSA 437:9, may deny an application, suspend, or revoke a license for any of the following reasons:
[I.] (a) The applicant or licensee violated the statutes of the state of New Hampshire or of the United States or any rule adopted by the commissioner pursuant to this chapter;
[II.] (b) The applicant made false or misleading statements in his or her application for a license;
[III.] (c) The licensee knowingly transferred any animal affected with a communicable disease except as allowed under RSA 437:5 and [RSA 437:8, II] RSA 437:8, III;
[IV.] (d) The licensee ceased to operate the business for which the license was issued; or
[V.] (e) The applicant or licensee held any similar license issued in another jurisdiction or by the United States Department of Agriculture which was revoked or suspended by that jurisdiction as a result of engaging in conduct prohibited by RSA 437 during the preceding 5 years.
II. Decisions of the commissioner shall be subject to rehearing and appeal under RSA 541.
5 Prohibition; Transfer of Sick Animals; Cross Reference Change. Amend RSA 437:5 to read as follows:
437:5 Prohibition. No licensee under this subdivision shall transfer, other than to a qualified veterinarian or licensed animal shelter facility, any maimed, sick, or diseased animal or bird other than as permitted under [RSA 437:8, II] RSA 437:8, III nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.
6 Exemption for Certain Breeders. Amend RSA 437:7 to read as follows:
437:7 Exceptions. The license provisions of this subdivision shall not apply to veterinarians; the transfer of livestock or poultry; breeders of dogs for field work, drafting, guarding, working, herding livestock as defined in RSA 21:34-a, II(a)(4), or hunting; or participating in any lawful dog event, including, but not limited to, conformation shows or obedience trials, field trials, agility events, hunts, or mushing, and that have not transferred 10 or more litters or 50 or more puppies in any 12-month period; and breeders of dogs that do not meet the definition of commercial kennel in RSA 437:1[, veterinarians, or the transfer of livestock or poultry].
7 Health Certificates for Dogs, Cats, and Ferrets RSA 437:8 is repealed and reenacted to read as follows:
437:8 Health Certificates for Dogs, Cats, and Ferrets.
I. For purposes of this chapter, an official health certificate means a certificate signed by a licensed veterinarian, containing the name and address of the entity transferring ownership of the dog, cat, or ferret, the age, gender, breed, microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret, and the certification of the veterinarian that the dog, cat, or ferret is free from evidence of communicable diseases or internal or external parasites. A list of all vaccines and medication administered to the dog, cat, or ferret shall be included on or attached to the certificate. A person who signs or alters a certificate knowing any of the information included to be false, or who falsifies any information required on the certificate, is guilty of unsworn falsification as prescribed by RSA 641:3.
II. No dog, cat, or ferret shall be offered for transfer by a licensee or by any person without first being protected against infectious diseases using a vaccine approved by the state veterinarian. No dog, cat, or ferret shall be offered for transfer by a licensee or by any person unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer shall occur unless the transferred animal is accompanied by a health certificate issued within the prior 14 days. Said certificate shall be in triplicate, one copy of which shall be retained by the signing veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be given to the transferee upon transfer as provided in paragraph III. If an official health certificate is produced, it shall be prima facie evidence of transfer.
III. The original of the official health certificate accompanying the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection by the department or local officials upon request up to 3 years after the animal has left the facility. The public shall be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where dogs, cats, or ferrets are displayed. Upon transfer of a dog, cat, or ferret, such animal’s health certificate shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. The transferee may accept a dog, cat, or ferret that has a noncontagious illness, or feline leukemia virus or feline immunodeficiency virus, which has caused it to fail its examination by a licensed veterinarian for an official health certificate. The transferee shall sign a waiver that indicates the transferee has knowledge of such dogs, cats, or ferret's noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.
IV. No person shall ship or bring into the state of New Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No person shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.
V. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at least 48 hours at a facility licensed under RSA 437 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.
VI. Animal shelter facilities shall:
(a) Comply with the requirements of this section relative to transferring dogs, cats, and ferrets.
(b) Have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies including but not limited to national tattoo or microchip registries.
(c) Inspect for tattoos, ear tags, or other permanent forms of positive identification, when an owner is not known, and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal.
(d) Ensure that all dogs, cats, or ferrets transferred out of an animal shelter facility located in the state of New Hampshire have a form of positive identification, including but not limited to a collar, or permanent forms of identification such as a tattoo, microchip, ear tag, or any other permanent form of identification approved by the commissioner. Dogs, cats, and ferrets shall be vaccinated against rabies in accordance with RSA 436.
(e) Shall ensure that all dogs, cats, or ferrets are accompanied by an official health certificate if the dog, cat, or ferret was imported into the state for transfer with or without a fee.
(f) Comply with the provisions of RSA 437:8, V.
8 Rulemaking. Amend RSA 437:9, IV to read as follows:
IV. Notice and hearing on the refusal to issue or the revocation or suspension of a license; and
9 Penalty. Amend RSA 437:10 to read as follows:
437:10 Penalty.
I. [Any pet vendor who transfers live animals or birds customarily used as household pets in this state without having a license to do so as required by this chapter] Any person who violates any provision of this subdivision shall be guilty of a misdemeanor.
II. In addition to the penalty under paragraph I, any pet vendor who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
III. Once a license has been suspended or revoked under RSA 437:4, the department may require that all animals and birds located on the premises for which such license was suspended or revoked shall be removed by the licensee from said premises within 3 working days after such suspension or revocation and be relocated to a safe and sanitary place approved by the department.
10 New Subparagraph; Animal Hoarding. Amend RSA 644:8, III by inserting after subparagraph (f) the following new subparagraph:
(g) Negligently engages in animal hoarding which means keeping companion animals and failing to provide such animals with adequate living conditions, while demonstrating a reckless disregard for the health and safety of the companion animals. For the purposes of this subparagraph, "adequate living conditions" means a sanitary environment which is dry and free of accumulated feces and free of debris and garbage that may pose a threat or danger to the health and safety of the companion animals. The environment in which the companion animals are kept shall be of sufficient size so as not to inhibit comfortable rest, normal posture, or range of movement, and is suitable to maintain the companion animals in good health.
11 New Paragraph; Group Licenses. Amend RSA 466:6 by inserting after paragraph V the following new paragraph:
VI. On June 1 of each year, a municipality shall notify the department of agriculture, markets, and food of the number of group licenses issued in the municipality in the previous year.
12 New Subdivision; Cost of Care for Confiscated Animals and Inspections of Pet Vendors Commission. Amend RSA 437 by inserting after section 22 the following new subdivision:
Cost of Care for Confiscated Animals and Inspections of Pet Vendors Commission
437:23 Cost of Care of Confiscated Animals and Inspections of Pet Vendors Study Commission.
I. There is established a commission to study the cost of care associated with confiscated animals and the appropriations needed by the department of agriculture, markets, and food to inspect pet vendors.
II. The members of the commission shall be as follows:
(a) Two members of the house of representatives who are members of the environment and agriculture committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The commissioner of the department of agriculture, markets, and food, or designee.
(d) One member representing Dog Owners of the Granite State, appointed by that organization.
(e) One member representing a New Hampshire animal shelter facility as defined in RSA 437:1, appointed by the New Hampshire Federation of Humane Organizations.
(f) The attorney general, or designee.
(g) One member from the New Hampshire Veterinary Medical Association, appointed by that organization.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall study:
(a) The cost of care associated with confiscated animals.
(b) Inspections related to RSA 437.
(c) The appropriations and positions needed by the department of agriculture, markets, and food to implement inspections related to RSA 437.
(d) The definition of "in the business of transferring live animals or birds customarily used as household pets to the public."
V. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the chairperson of the senate energy and natural resources committee, the chairperson of the house environment and agriculture committee, the senate clerk, the house clerk, and the state library on or before November 1, 2018.
13 Cross Reference Change; Experimentation; Animal Shelter Facility Definition. Amend RSA 437:22, I to read as follows:
I. It shall be unlawful for any agent acting on behalf of an animal shelter facility as defined in [RSA 437:1, I] RSA 437:1 II, or an animal care center as defined in RSA 437:18, III, to give, release, sell, trade or transfer with or without a fee any live animal brought, caught, detained, obtained or procured by any means, to any association, corporation, individual, educational institution, laboratory, medical facility, or anyone else, for the purpose of experimentation or vivisection.
14 Repeal. RSA 437:23, relative to the cost of care of confiscated animals and inspections of pet vendors study commission, is repealed.
I. Sections 1-11 of this act shall take effect January 1, 2019.
II. Section 13 of this act shall take effect November 1, 2018.
III. The remainder of this act shall take effect upon its passage.
18-2862
Amended 3/23/18
SB 569-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-1157s)
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $200,000 | $0 | $0 | $0 |
Revenue | $14,000 | $14,000 | $14,000 | $14,000 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
METHODOLOGY:
The Department of Agriculture indicates there are 267 licensed pet vendors in New Hampshire and estimates this bill would result in 40 additional commercial kennel licenses and 30 new rescue licenses for a total of 340 licensable premises. Seventy additional licensees would each pay $200 per license and would increase state revenue by $14,000. The bill makes an appropriation of $200,000 for the fiscal year ending 2019 and authorizes the Department to hire two additional inspectors for oversight and inspection of pet vendors; both effective January 1, 2019. The Department assumes no additional resources will be committed to regulation of pet vendors beyond what is provided by the bill and that the future appropriations and positions necessary to administer the program in fiscal year 2020 and beyond will be included in the Department’s biennial budget requests. The Department provides the following estimate of revenue and expenditures associated with the bill for FY 2019:
Additional License Revenue (70 licensees x $200 annual license) $14,000
Salary and benefits for 2 Veterinary Technician I positions, LG 16*
(Inspectors ½ year) $118,518
* The Department expects, based on past experience, the hiring process may take up to 6 months or longer and these costs may not be incurred in FY 2019.
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class B Misdemeanor (Proposed RSA 437:10, I) | $50 | $51 |
Class A Misdemeanor (Proposed RSA 437:10, I) | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
Complex Equity Case (Animal care petition in the superior court) | $740 | $746 |
Appeals | Varies | Varies |
Appeals to the Supreme Court from decisions of the Commissioner of Agriculture | Indeterminable | Indeterminable |
It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
The New Hampshire Municipal Association indicates the addition of paragraph IV-b to RSA 644:8 may result in a fiscal impact to some municipalities. The new language authorizes a local law enforcement agency, upon confiscating an animal from a person charged with animal cruelty, to petition the superior court to require the person to post a bond to cover the cost of care for the animal while it is in the custody of the law enforcement agency or another person or organization. Currently, municipalities incur costs to care for such animals, although those costs are sometimes paid in part by animal care organizations. By authorizing the law enforcement agency to obtain a bond from the person charged, the legislation may reduce municipal expenditures. The Association indicates the amount of any reduction will depend on the facts of each case and it is impossible to estimate the impact on municipal expenditures.
AGENCIES CONTACTED:
Judicial Branch, Departments of Agriculture, Corrections and Justice, Judicial Council, New Hampshire Association of Counties and New Hampshire Municipal Association
