SB 505-FN - AS INTRODUCED
2016 SESSION
\t16-2941
\t08/10
SENATE BILL\t505-FN
AN ACT\trelative to the transfer of animals and birds.
SPONSORS:\tSen. Hosmer, Dist 7
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill defines "licensed veterinarian" for certain purposes.
\tThis bill also sets information to be filed on an application for a license to transfer animals.
\tThis bill extends the period that an animal health certificate is valid to 30 days.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2941
\t08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the transfer of animals and birds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Transfer of Animals and Birds; License Required. Amend RSA 437:1 to read as follows:
\t437:1 License Required. No person, firm, corporation or other entity shall engage in the business of transferring with or without a fee or donation required, to the public, live animals or birds customarily [used] kept as household pets unless [the premises on which they are housed, harbored or displayed for such purposes are] such person, firm, corporation or other entity is duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire in accordance with this chapter. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, transferring live animals or birds customarily used as household pets for transfer to the public, with or without a fee required, and whether or not a physical facility is owned by the licensee in New Hampshire when transfer to the final owner occurs within New Hampshire. These provisions shall not effect the provisions of RSA 437:7.
\t2 New Paragraph; Definitions; Licensed Veterinarian. Amend RSA 437:2 by inserting after paragraph VI the following new paragraph:
\t\tVII. “Licensed veterinarian” means a person licensed to practice as veterinarian in any state within the United States.
\t3 Licenses; Applications. Amend RSA 437:3 to read as follows:
\t437:3 Licenses.
\t\tI. Licenses shall be valid each year from July 1 to the following June 30. Application for licenses shall be made annually in writing to the department accompanied by a fee of $200. After January 1, the fee shall be $100. Annual license renewal fee shall be $200. A license shall be issued after the licensee has filed an application under paragraph II if after [inspection] review of the application and the absence of any uncured violations of this chapter by the applicant, the department finds that the [premises and cages and facilities thereon meet] application is complete and meets the [proper] standards [for health and sanitation and that their use will not result in inhumane treatment of said animals or birds, and proof is provided with the application that the zoning enforcement official of the municipality wherein such facility is to be maintained has certified that the facility conforms to the municipal zoning regulations] set forth in this chapter. Such licenses shall be in the form prescribed by the department, shall be publicly displayed at the premises covered by them, and shall be adjacent to animal display cages. Each such license shall be subject to suspension or revocation at any time by the department, if in the judgment of the department the conditions under which it was issued are not being maintained. Upon receipt of a written complaint alleging violation of this subdivision, the department shall investigate said complaint within a reasonable time. All license fees shall be deposited in the state treasury.
\t\tII. An application for a license, or renewal thereof, shall be submitted to the department and shall include the following information:
\t\t\t(a) The full name and address of the applicant;
\t\t\t(b) The applicant’s principal place of business or, if there is no central physical location, the location where all of the individual animal records are kept and can be inspected upon request by the department; and
\t\t\t(c) A complete list of the applicant’s locations inside the state of New Hampshire where the animals in the custody of the applicant are or will be housed.
\t\tIII. A licensee shall promptly file with the department any change or update to the information contained in a licensee’s application
\t4 Records; Inspections. Amend RSA 437:8 to read as follows:
\t437:8 Inspections. Each licensee's [facilities shall] records may be inspected by [a] an employee of the department or by a person appointed by the department at reasonable times determined by the department [and no less frequently than once a year with the possibility of additional random inspections]. If there is a complaint from a member of the public regarding a location where animals in the custody of the licensee are kept, the department may inspect such location at reasonable times determined by the department. Licensees without a physical facility in New Hampshire shall be exempt from facility inspection, though interstate health certificates or official health certificates for every imported dog, cat, or ferret handled by the licensee shall be submitted to the department for review within one month of the date of writing of the certificate.
\t5 Dogs, Cats, and Ferrets; Vaccinations. Amend RSA 437:10, I to read as follows:
\t\tI. No dog, cat, or ferret shall be offered for transfer by a licensee without first being protected against infectious diseases [using a vaccine approved] as required by the state veterinarian. No dog, cat, or ferret shall be offered for transfer by a licensee unless accompanied by an official health certificate issued by a licensed veterinarian within 30 days of such certificate's issuance. [No transfer shall occur unless the transferred animal is accompanied by a health certificate issued within the prior 14 days.] Said certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be given to the transferee upon transfer as provided in paragraph II. If an official health certificate is produced, it shall be prima facie evidence of transfer.
\t6 Communicable Diseases; Dogs, Cats, and Ferrets. Amend RSA 437:10, V to read as follows:
\t\tV. Once a dog, cat, or ferret intended for transfer has entered the state, and if it is determined to have a communicable disease, it shall be [held] quarantined by being kept separate from the public at large for at least 48 hours [at a facility licensed under RSA 437:1 or at a facility operated by a licensed veterinarian separated from other animals on the premises] at a location listed on a licensee's application before being [offered for transfer] transferred to a member of the public.
\t7 Health Certificates; Dogs, Cats, and Ferrets. Amend RSA 437:13-a, I-II to read as follows:
\t\tI. No dog, cat or ferret shall be transferred by any person in the state or out of the state for a fee without first being inoculated against infectious diseases [using a vaccine approved] as required by the state veterinarian. No dog, cat, or ferret shall be transferred by any person in the state or out of the state for a fee unless accompanied by an official health certificate issued by a licensed veterinarian within [14] 30 days. Said health certificate shall be in triplicate, of which one copy shall be sent to the state veterinarian in accordance with RSA 437:8, one copy shall be kept by the person transferring ownership of said dog, cat, or ferret for a period of at least 3 years, and one copy shall be given to the new owner.
\t\tII. For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the person transferring ownership of the dog, cat, or ferret, the age, sex, breed, and description of the dog, cat, or ferret, a list of all types of vaccines or [medication] medications currently being administered to the dog, cat, or ferret, and the certification of the veterinarian that the dog, cat, or ferret is free from visual evidence of any communicable diseases or internal or external parasites.
\t8 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2941
\t\t\t\t\t\t\t\t\t\t\t1/12/16
SB 505-FN- FISCAL NOTE
AN ACT\trelative to the transfer of animals and birds.
FISCAL IMPACT:
The Department of Agriculture, Markets and Food states this bill, as introduced, will increase state revenue and may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Agriculture, Markets and Food states this bill defines licensed veterinarian, sets information to be filed on an application for a license to transfer animals and extends the period that an animal health certificate is valid. The Department makes the following assumptions concerning the fiscal impact of this bill:
This bill does not make an appropriation or establish new positions.