SB 350-FN – AS AMENDED BY THE SENATE
02/16/06 0856s
2006 SESSION
01/10
SENATE BILL 350-FN
AN ACT relative to boarding kennels.
SPONSORS: Sen. Roberge, Dist 9; Rep. Marshall Quandt, Rock 13; Rep. B. Richardson, Ches 5; Rep. N. Johnson, Straf 3; Rep. Villeneuve, Hills 18
COMMITTEE: Executive Departments and Administration
This bill establishes licensure for animal boarding establishments by the department of agriculture, markets, and food. This bill establishes license fees and renewal fees which shall be deposited into the general fund. The bill further provides for inspections of such facilities. The bill grants rulemaking authority to the commissioner of the department of agriculture, markets, and food for the purposes of the bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/06 0856s
06-2012
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to boarding kennels.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Animal Boarding Facilities. Amend RSA by inserting after chapter 437-A the following new chapter:
CHAPTER 437-B
437-B:1 License Required. No person, firm, corporation, or other entity shall engage in the business of boarding domestic animals unless the premises on which they are housed or harbored, are duly licensed and inspected by the department of agriculture, markets, and food.
437-B:2 Definitions. In this chapter:
I. “Commercial animal boarding facility” means a facility, including the building and the immediate surrounding area, which is used to house or contain animals which are owned by the members of the general public, for a fee.
II. “Commissioner” means the commissioner of the department of agriculture, markets, and food.
III. “Department” means the department of agriculture, markets, and food.
IV. “Domestic animals” means dogs, cats, exotic birds, and other common household pets.
437-B:3 Licenses; Fees.
I. An application accompanied by a fee of $200 shall be filed annually on forms furnished by the department. A license shall be issued for a commercial animal boarding facility if, upon inspection, the department finds that the premises, cages, equipment, and facilities meet the required standards for safety, health, and sanitation and that their use will not subject the domestic animals to inhumane treatment. Licenses shall be conspicuously displayed on the licensed premises by the licensee.
II. Licenses shall expire annually on June 30 and shall be renewed upon application to the department if accompanied by the renewal fee of $200.
III. After notice and hearing, licenses may be suspended or revoked by the department if it determines that the conditions under which the license was issued are not being maintained. The department shall investigate complaints within a reasonable time after receiving written notification of a violation of this chapter.
IV. All license fees shall be paid to the state treasurer for deposit into the general fund.
437-B:4 Rulemaking. The department shall adopt rules, pursuant to RSA 541-A, relative to:
I. Application and renewal procedures.
II. General health and sanitation standards for licensees.
III. Form and content of all forms required by this chapter.
IV. Procedures for the suspension or revocation of a license.
437-B:5 Licensees to Furnish Information. Licensees shall furnish the department with information relating to their boarding of domestic animals and the maintenance of their premises for those purposes, as required by the department.
437-B:6 Inspections. Inspections of all commercial animal boarding facilities shall be made at reasonable times and at least once every 6 months. An employee or designee of the department shall conduct the investigations.
437-B:7 Hearings; Notice. No license shall be suspended or revoked until a hearing is held before the commissioner or a designee. A licensee shall receive written notice of the hearing at least 10 days before the hearing. The notice shall be sent by registered mail and shall set forth all the charges against the licensee and the date, time, and place of the hearing. Decisions of the commissioner shall be subject to rehearings and appeals pursuant to RSA 541.
437-B:8 Medical Treatment; Drugs. No vaccines, sedatives, or tranquilizers shall be administered without the domestic animal’s veterinarian’s supervision or direction and without the owner’s written consent.
437-B:9 Exemptions.
I. This chapter shall not apply to veterinary hospitals or clinics.
II. This chapter shall not apply to persons who board 10 or fewer domestic animals at any given time.
437-B:10 Prohibition. No licensee shall treat inhumanely any domestic animal in the licensee’s care, possession, or control.
437-B:11 Penalty.
I. Any person who violates any provision of this chapter shall be guilty of a misdemeanor.
II. In addition, any person or owner who violates any of the provisions of this chapter 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, the department may require that all domestic animals 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 said suspension or revocation and be relocated to a safe and sanitary place.
2 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2012
Amended 2/28/06
SB 350 FISCAL NOTE
AN ACT relative to boarding kennels.
FISCAL IMPACT:
The Department of Agriculture, Markets and Foods states this bill, as amended by the Senate (Amendment #2006-0856s), will increase state revenue by $48,000 and state expenditures by $50,700 in FY 2007 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department estimated approximately 240 kennels would be licensed under this bill. The Department made the following assumptions in determining the fiscal impact of this bill:
• The average labor cost including salary and benefits is $25 per hour.
• The average travel cost for an inspector to visit a facility including fuel, wear on the vehicle and insurance is about $15.
• Each facility will be visited 3 times per year; once for license and twice for inspections. The average visit will last two hours.
• It will take approximately 15 minutes to process paperwork for each license.
• 24 complaints will be received per year and each complaint investigation will take about 4 hours.
Based on these assumptions the Department estimated the revenue and expenditures as follows:
Revenue:
License revenue - 240 kennels x $200 license fee $48,000
Expenditures:
720 visits @ 2 hours per visit x $25 / hour $36,000
240 facilities x 15 min. license processing x $25 / hour 1,500
24 investigations x 4 hours x $25 / hour 2,400
Travel cost $15 per visit x 720 visits 10,800
Total $50,700