HB1596 (2010) Detail

Relative to the civil forfeiture of unlicensed dogs.


HB 1596-FN-LOCAL – AS INTRODUCED

2010 SESSION

10-2381

08/10

HOUSE BILL 1596-FN-LOCAL

AN ACT relative to the civil forfeiture of unlicensed dogs.

SPONSORS: Rep. Major, Rock 8

COMMITTEE: Municipal and County Government

ANALYSIS

This bill changes the time period during which dog owners who have failed to license their dogs shall be notified of the civil forfeiture of each unlicensed dog.

This bill also increases the cost of the service of the warrant.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2381

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the civil forfeiture of unlicensed dogs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Civil Forfeiture; Warrants. Amend RSA 466:14 to read as follows:

466:14 Warrants; Proceedings. The town or city clerk shall annually, between [June 1 and June 20] May 15 and May 31, present to the local governing body a list of those owners of dogs that have failed to license or not renewed their dog licenses pursuant to RSA 466:1. The local governing body shall, [within 20 days from June 20,] by their next meeting and not later than June 10, sign and issue a warrant to a local official authorized to issue a civil forfeiture for each unlicensed dog. The warrant may also authorize a local law enforcement officer to seize any unlicensed dog. The civil forfeiture may be sent by certified mail, or delivered in hand, or left at the abode of the dog owner. The cost of service shall not exceed [$5] $10 and may be recovered by the city or town in addition to the amount of the civil forfeiture. If the unlicensed dog is seized, it shall be held in a town or city holding facility for a period of 7 days, after which time full title to the dog shall pass to the facility, unless the owner of the dog has, before the expiration of the period, caused the dog to be licensed. The owner shall pay the facility a necessary and reasonable sum per day, as agreed upon by the governing body of the town or city and the facility, for each day the dog has been kept and maintained by the facility, plus any necessary veterinary fees incurred by the facility for the benefit of the dog. Before a local law enforcement officer seizes any unlicensed dog, a written warning shall be given to the dog owner.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2381

Revised 12/07/09

HB 1596-FN-LOCAL - FISCAL NOTE

AN ACT relative to the civil forfeiture of unlicensed dogs.

FISCAL IMPACT:

      The New Hampshire Municipal Association states this bill will increase local revenue by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on state and county revenue or on state, county, and local expenditures.

METHODOLOGY:

    The New Hampshire Municipal Association states this bill changes the period each year in which town or city clerks shall present to the local governing body a list of those dog owners who have failed to license or to renew the licenses of their dogs. This window of time would change from between June 1 and June 20 to between May 15 and May 31. The Association also states this bill changes the period each year in which the local governing body shall issue warrants for the civil forfeiture of those unlicensed dogs and increases the recoverable cost of service for issuing such warrants from $5 to $10. The window of time to issue the warrants would change from within 20 days of June 20 to by the next meeting of the governing body and not later than June 10. The Association states these shortened time frames, given current resource levels, could impose some difficulty on local officials, but it estimates the bill would not increase costs for local governments. The Association also states the provision increasing the maximum recoverable cost will increase local revenue, but available data does not allow the Association to project the specific dollar amount of the increase.