HB109 (2013) Detail

Repealing group licenses for dog owners.


HB 109-FN-LOCAL – AS INTRODUCED

2013 SESSION

13-0053

08/03

HOUSE BILL 109-FN-LOCAL

AN ACT repealing group licenses for dog owners.

SPONSORS: Rep. Cebrowski, Hills 7

COMMITTEE: Municipal and County Government

ANALYSIS

This bill repeals group licenses for dog owners.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0053

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT repealing group licenses for dog owners.

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

1 Application of Receipts; Reference Removed. Amend RSA 6:12, I(b)(59) to read as follows:

(59) Moneys received under RSA 466:4, I(c)[, RSA 466:6, III,] and RSA 437-A which shall be credited to the companion animal neutering fund, established in RSA 437-A:4-a.

2 Impoundment of Dog Rabies Suspects. Amend RSA 436:105 to read as follows:

436:105 Impoundment of Dog Rabies Suspects.

I. Any dog displaying symptoms which indicate a likelihood that such dog is afflicted with rabies which has bitten a person and caused a puncture of the skin or which has caused a nonbite exposure shall be immediately euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the dog and for preparing the head for shipment to the public health laboratory. If the dog is a stray, the rabies control authority shall be responsible for the expense, and such expense shall be paid from fees collected under RSA 466:4 [and 466:6].

II. Any apparently healthy dog not vaccinated in accordance with RSA 436:100, or whose vaccination status is unknown which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure of such person, shall be seized and impounded under the supervision of the local authorities for a period of not less than 10 days. If, upon examination by a licensed veterinarian, the dog has no signs of rabies at the end of said impoundment, it may be released to the owner or, in the case of a stray, it shall be disposed of in accordance with applicable laws. Any illness in the dog during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the dog shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the dog. The owner shall also be responsible for any expense for euthanizing the dog and for preparing the head for shipment to the public health laboratory. If the dog is a stray, the rabies control authority shall be responsible for the expense, and such expense shall be paid from fees collected under RSA 466:4 [and 466:6].

III. Except as provided in RSA 436:105-b, any healthy dog vaccinated in accordance with RSA 436:100, which has bitten any person and caused a puncture of the skin or caused a nonbite exposure, shall be confined by the owner or other responsible person as required by local authorities for a period of 10 days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the dog may be released from confinement. Any illness in the dog during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the dog shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the dog. The owner shall also be responsible for any expense for euthanizing the dog and for preparing the head for shipment to the public health laboratory. If the dog is a stray, the rabies control authority shall be responsible for the expense incurred, and such expense shall be paid from fees collected under RSA 466:4 [and RSA 466:6].

3 Impoundment of Cat Rabies Suspects; References Removed. Amend RSA 436:105-a to read as follows:

436:105-a Impoundment of Cat Rabies Suspects.

I. Any cat displaying symptoms which indicate a likelihood that such cat is afflicted with rabies which has bitten a person and caused a puncture of the skin or which has caused a nonbite exposure shall be immediately euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the cat and for preparing the head for shipment to the public health laboratory. If the owner of the cat is not known, the rabies control authority shall be responsible for the expense, and such expense shall be paid from fees collected under RSA 466:4 [and 466:6].

II. Any apparently healthy cat not vaccinated or whose vaccination status is unknown which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure of the person shall be seized and, if the owner consents, impounded under the supervision of the local authorities for a period of not less than 10 days. If, upon examination by a licensed veterinarian, the cat has no signs of rabies at the end of the impoundment, it may be released to the owner. Any illness in the cat during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the cat shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the cat. If the owner of the cat is not known or if the owner does not consent to impoundment, the cat shall be euthanized upon seizure and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the cat and for preparing the head for shipment to the public health laboratory. If the owner of the cat is not known, the rabies control authority shall be responsible for the expense and such expense shall be paid from fees collected under RSA 466:4 [and 466:6].

III. Any healthy cat vaccinated in accordance with RSA 436:100, which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure, shall be confined by the owner or other responsible person as required by the local authorities for a period of 10 days, at which time the cat shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the cat may be released from confinement. Any illness in the cat during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the cat shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and the impoundment of the cat, for euthanizing the cat and for preparing the head for shipment to the public health laboratory. If the owner of the cat does not consent to the confinement or if the owner of the cat is not known, the rabies control authority shall be responsible for the expense and such expense shall be paid from fees collected under RSA 466:4 [and 466:6].

4 Handling of Dogs, Cats, and Ferrets Bitten by Rabid Animals; Reference Removed. Amend RSA 436:106, I(a) to read as follows:

(a) In the case of dogs, cats, and ferrets which are not vaccinated in accordance with RSA 436:100 and which have been bitten by a known rabid animal or have had a nonbite exposure, the dogs, cats, and ferrets which were bitten or exposed to rabies shall be immediately euthanized, unless the owner is unwilling as provided in subparagraph (b) of this paragraph. The owner shall be responsible for the expense of destroying and disposing of the dog, cat, or ferret. In the case of a stray dog or cat whose owner is not known, the rabies control authority shall be responsible for the expense, and such expense shall be paid from the fees collected under RSA 466:4 [and 466:6]. In the case of a ferret whose owner is not known, the state shall be responsible for the expense.

5 Handling of Dogs, Cats, and Ferrets Bitten by Rabid Animals; Reference Removed. Amend RSA 436:106, III(b) to read as follows:

(b) The expense for dogs and cats shall be an expense of the rabies control authority, and such expense shall be paid from fees collected under RSA 466:4 [and 466:6]. The expense for ferrets shall be the responsibility of the state.

6 Exception; Reference Removed. Amend RSA 437:7 to read as follows:

437:7 Exception. The license provisions of this subdivision shall not apply to [breeders of dogs licensed under the provisions of RSA 466:6;] veterinarians; owners and operators of horse riding stables; and auctioneers, breeders, or keepers of farm livestock.

7 Fund Established; Reference Removed. Amend RSA 437-A:4-a, I to read as follows:

I. There is hereby established the companion animal neutering fund. Any funds received by the commissioner under this chapter[,] and RSA 466:4, I(c)[, and RSA 466:6, III] shall be deposited in the fund and shall be used by the commissioner exclusively for implementation including veterinarian reimbursement, promotion, and other costs associated with the program. Moneys in the fund shall be continually appropriated to the commissioner. Interest earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of the fiscal year shall be carried forward to the fund for the next fiscal year.

8 Vaccination Required; Reference Removed. Amend RSA 466:1-a, I to read as follows:

I. Before a license is issued under the provisions of this subdivision, the owner or keeper of a dog shall furnish to the clerk verification from a licensed veterinarian that the dog has been vaccinated against rabies in accordance with the provisions of RSA 436. [Persons applying for a group license under RSA 466:6 shall also furnish to the clerk verification from a licensed veterinarian that the dogs have been vaccinated against rabies in accordance with RSA 436.]

9 Fees; Reference Removed. Amend RSA 466:4, III to read as follows:

III. Fees for dogs licensed in a commercial kennel shall be based on the numbers of dogs licensed[, as in RSA 466:6 for group licenses]. For purposes of this paragraph, "commercial kennel'' means the establishment or domicile of any person who sells dogs at wholesale or retail; and, if retail, who sells or transfers 10 or more litters per year, or sells or transfers 50 or more puppies per year; or who derives 40 percent or more of gross annual income from the sale or transfer of dogs. The owner or keeper of any dog licensed under this paragraph shall not be assessed a companion animal population control fee.

10 Licensing of Cats; Reference Removed. Amend RSA 466:13-a to read as follows:

466:13-a Licensing of Cats. The governing body of a municipality may vote to license cats in a similar manner as it licenses dogs. If a municipality elects to license cats, the same penalties shall apply for unlicensed cats as for unlicensed dogs, and the provisions of RSA 466:6-a and 466:8 of the preceding subdivision shall not apply to cats. If a municipality elects to license cats, it shall also develop a procedure similar to the procedure in RSA 466:4, III [and 466:6 for group licensure]. If a municipality elects to license cats, it shall require cats to have a form of identification, including, but not limited to a tattoo, collar, surgically implanted microchip or ear tag, or any other form approved by the commissioner of agriculture, markets, and food. The commissioner of agriculture, markets, and food shall adopt rules, under RSA 541-A, relative to the forms of identification.

11 Repeal. RSA 466:6, relative to group licenses for keepers of 5 or more dogs, is repealed.

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

LBAO

13-0053.0

12/13/12

HB 109-FN-LOCAL - FISCAL NOTE

AN ACT repealing group licenses for dog owners.

FISCAL IMPACT:

      The Department of Agriculture, Markets, and Food states this bill, as introduced, will increase state restricted revenue and expenditures by an indeterminable amount, have an indeterminable impact on local revenue, and decrease local expenditures in FY 2014 and each year thereafter. There is no fiscal impact on county revenue and expenditures.

METHODOLOGY:

    The Department of Agriculture, Markets, and Food states this bill repeals the option for owners of “groups of 5 or more” dogs to register said dogs under a group license, and that all dogs will be registered individually as a result of this bill. The Department assumes the bill will not take effect until July 1, 2013. The Animal Population Control Program (APCP) collects a $2.00 fee with every dog license issued. Based on annual revenue of $335,000, the Department assumes 167,500 dog licenses are issued annually. The Department assumes, based on a Harris poll, that three percent of dog owners own five or more dogs. The Department further assumes the average person owning five or more dogs owns an average of five to six dogs. Based on these assumptions, the Department estimates 5,025 group licenses (3% * 167,500) are currently issued, comprising between 25,125 (5 * 5,025) and 30,150 (6 * 5,025) dogs. As a result of the bill’s requirement that all dogs be licensed individually, the Department estimates an additional 20,100 to 25,125 licenses will be issued (25,125 to 30,150, minus 5,025 group licenses currently issued). At $2.00 per license, the Department states the APCP’s revenue will increase by an amount between $40,200 and $50,250. In addition, the Veterinary Diagnostic Laboratory (VDL) receives $0.50 per dog license. Accordingly, the Department states the VDL’s revenue will increase by an amount between $10,050 and $12,563. Combined, state restricted revenues will increase by an amount between $50,250 and $62,813 annually.

    The statutorily-determined minimum license fee is currently set at $4.50 for neutered dogs and $7.00 for un-neutered dogs. Out of each fee, a total of $2.50 goes to the APCP and VDL, and municipalities are left with the remaining $2.00 and $4.50, respectively. The Department assumes that municipalities may charge more than the statutory minimums, and therefore assumes that municipalities actually collect between $2.00 and $5.00 per license. Revenue to municipalities resulting from the increase in the number of individual licenses will therefore range from $50,250 ($2.00 * 25,125) to $150,750 ($5.00 * 30,150). However, municipalities will no longer receive the $18.00 they currently receive per group license, causing revenue from group licenses to decline by $90,450 ($18.00 * 5,025). Overall, the Department expects the bill’s impact on municipal revenues to range from a net loss of $40,200 ($50,250 - $90,450) to a net gain of $60,300 ($150,750 - $90,450).

    The Department assumes the APCP will use revenue generated by the bill to sterilize additional animals, which will result in cost savings to municipalities that bear the costs associated with animal control. The Department cites data collected by the International City/County Management Association indicating that for every $1.00 spent by the APCP, municipal expenses will decline by $3.23. Based on the anticipated additional revenue collected by the APCP, the Department estimates local expenditures will be reduced by an amount between $129,846 ($40,200 * 3.23) and $162,308 ($50,250 * 3.23). The Department therefore projects municipalities will experience a net benefit ranging from $89,646 (a minimum of $129,846 in animal control savings, minus a maximum net loss in revenue of $40,200) to $222,608 (a maximum of $162,308 in animal control savings, plus a maximum net gain in revenue of $60,300).

Links

HB109 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB109 Revision: 23617 Date: Jan. 15, 2013, midnight

Docket