HB1362 (2012) Detail

(New Title) exempting service animals from dog registration and licensing and establishing an option for permanent registration and licensing of service animals.


CHAPTER 211

HB 1362 – FINAL VERSION

22Feb2012… 0490h

05/09/12 1991s

2012 SESSION

12-2197

08/01

HOUSE BILL 1362

AN ACT exempting service animals from dog registration and licensing and establishing an option for permanent registration and licensing of service animals.

SPONSORS: Rep. Schlachman, Rock 13; Rep. Copeland, Rock 13

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Allows for the exemption of service animals from the fee for licensing and registration of dogs.

II. Allows the owner of a service animal to opt for a one-time licensing and registration of his or her service animal.

III. Requires the governor’s commission on disability with overseeing the permanent registration and licensing for service animals.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2012… 0490h

05/09/12 1991s

12-2197

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT exempting service animals from dog registration and licensing and establishing an option for permanent registration and licensing of service animals.

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

211:1 Service Animals; Exemption from Dog Registration and Licensing. RSA 466:8 is repealed and reenacted to read as follows:

466:8 Exemption From Fees for Registration and Licensing.

I. No fee shall be required for the registration and licensing of a dog which has served with the armed forces of the United States and has received an honorable discharge therefrom.

II. No fee shall be required for the registration and licensing of a service animal dog as defined in RSA 167-D:1, IV. When registering and applying for a license for a dog that is a service animal, the owner or trainer shall present an identification card issued by a recognized dog training agency. If a dog has been trained by its owner and does not have an identification card issued by a recognized dog training agency or school, in order to register and license a dog that is a service animal, the dog shall pass the Assistance Dogs International Public Access Test administered by a service animal trainer, as defined in RSA 167-D:1, V, and the owner shall present a letter from a health care professional stating that the individual requires the use of a service animal to perform tasks directly related to his or her disability.

III. The owner of a dog that is a service animal may elect for the registration and licensing of such dog to be permanent and not subject to annual renewal so long as such dog has met the requirements of this section.

IV. For the purpose of this section, the town clerk of each town or municipality shall determine the process by which permanently registered dogs that are service animals will be tracked for town purposes and ensure that town service animal owners are not required to participate, in any way, with an annual renewal of such dog’s registration or licensing. In cases of change of town of residency, the service animal owner shall re-register the dog at no cost. If the owner has elected to obtain a tag through the governor’s commission on disability as set forth in paragraph V, the owner shall let the governor’s commission on disability know of any change in town of residency.

V. Certificates and tags stamped “G C D – Permanent Registration” with a registration number shall be issued by the governor’s commission on disability to those who wish to affix such a tag on their service animal’s collar after registering the dog under paragraph II. Tags and certificates may be obtained directly from the governor's commission on disability which will verify with the town clerk that such dog has met the requirements under paragraph II and is duly registered and licensed by the town of residency. Tags issued by the governor’s commission on disability shall not be used to verify the legitimacy or authenticity of a service animal for any purpose.

VI. Upon the death or retirement of a service animal, the owner or person in possession of the service animal tag shall immediately return the tag to the governor’s commission on disability.

VII. The tag identifying a service animal shall be used only by an eligible service animal, as defined in RSA 167-D:1, IV.

VIII. The owners and trainers of dogs that are service animals shall comply with all state and local ordinances regarding rabies certification under RSA 436:102 and RSA 466:1-a.

211:2 Nonuse of Hearing Ear Dog, Guide Dog, or Service Dog. Amend RSA 167-D:8, II to read as follows:

II. It is unlawful for any person to fit an animal with a collar, leash, or harness of the type which represents that the animal is a service animal, or service animal tag issued under RSA 466:8 if in fact said animal is not and to thus use the animal to misrepresent the physical status of said person.

211:3 New Paragraph; Service Animal Registration Tags; Governor's Commission on Disability. Amend RSA 275-C:6 by inserting after paragraph VI the following new paragraph:

VII. To design, produce, and issue special registration tags and certificates for permanent service animal registration and licensing.

211:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 13, 2012

Effective Date: August 12, 2012