SB 365 – AS AMENDED BY THE SENATE
02/10/10 0451s
02/10/10 0589s
2010 SESSION
01/09
SENATE BILL 365
AN ACT requiring the sterilization of animals adopted from shelters and rescue groups.
SPONSORS: Sen. Roberge, Dist 9; Sen. Gilmour, Dist 12; Rep. Mulholland, Graf 10; Rep. Spaulding, Hills 18; Rep. Emerson, Ches 7
COMMITTEE: Wildlife, Fish and Game and Agriculture
AMENDED ANALYSIS
This bill requires animal shelter facilities and animal rescue groups to have dogs and cats sterilized before adoption. The bill allows the state veterinarian to grant up to 2 one-year waivers from this sterilization requirement to certain animal shelter facilities and animal rescue groups.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/10/10 0451s
02/10/10 0589s
10-2714
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT requiring the sterilization of animals adopted from shelters and rescue groups.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Dog and Cat Sterilization Required. Amend RSA 437 by inserting after section 10 the following new section:
437:10-a Dog and Cat Sterilization Required.
I. No animal shelter facility licensed in accordance with this chapter or animal rescuer or animal rescue group shall sell, give away, adopt, or otherwise transfer ownership of any dog or cat that has not been permanently sexually sterilized.
II. For the purposes of this section, “animal rescuer or animal rescue group” means a person or organization that transfers or places a dog or cat that has formerly been in any public or private animal shelter into a new home in the state.
III.(a) This section shall not apply to a dog or cat being reclaimed by its owner, as defined in RSA 437:18, II.
(b) An exemption to paragraph I may apply if age, illness, or a veterinary medical condition warrants, upon the written certification of a veterinarian licensed pursuant to RSA 332-B.
2 One-Year Waiver.
I. The state veterinarian shall grant an animal shelter facility or animal rescuer or animal rescue group a one-year waiver from the sterilization requirement under RSA 437:10-a as inserted by section 1 of this act upon submission of a list of all the sexually intact dogs and cats which the facility, rescuer, or rescue group placed in new homes during the first 8 months of the prior calendar year and satisfactory proof that at least 85 percent of such dogs and cats were permanently sterilized. Proof shall consist of certification that the animal was sterilized by the veterinarian who performed the sterilization.
II. At the end of the initial one-year waiver period, an animal shelter facility or animal rescuer or animal rescue group may apply for one additional one-year waiver pursuant to paragraph I.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2714 Amended 02/22/10
SB 365 FISCAL NOTE
AN ACT requiring the sterilization of animals adopted from shelters and rescue groups.
FISCAL IMPACT:
The Department of Agriculture, Markets and Food states this bill, as amended by the Senate (Amendments #2010-0451s and #2010-0589s), will not have a fiscal impact on state, county and local revenue or expenditures.
METHODOLOGY:
The Department states this bill requires animal shelter facilities and animal rescue groups to have dogs and cats sterilized and allows the state veterinarian to grant up to 2 one-year waivers from this sterilization requirement for certain animal shelter facilities and animal rescue groups. The Department assumes the requirements in this bill will be applied in FY 2012, as licenses for the facilities do not expire until June 30 of a year. The Department assumes no additional funding or staffing will be included to perform the new requirements contained in the bill. The Department estimates it will cost approximately $4,000 in FY 2012 and less than $1,000 in FY 2013 and each year thereafter in staff time and materials, which the Department will absorb, to review records at the time of license renewal for compliance with the sterilization requirement and to process waivers for those facilities that may request a waiver. The Department does state the added requirements of this bill may have a small impact on the Department’s ability to deliver other services.