Bill Text - SB161 (2019)

(New Title) relative to the definition of pet vendor, the transfer of animals, and establishing the position of accounting clerk in the department of agriculture, markets, and food.


Revision: March 7, 2019, 3:45 p.m.

SB 161 - AS AMENDED BY THE SENATE

 

03/07/2019   0657s

2019 SESSION

19-0828

08/01

 

SENATE BILL 161

 

AN ACT relative to the definition of pet vendor, the transfer of animals, and establishing the position of accounting clerk in the department of agriculture, markets, and food.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Dietsch, Dist 9; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Starr, Dist 1; Sen. Ward, Dist 8; Rep. Marsh, Carr. 8

 

COMMITTEE: Energy and Natural Resources

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Repeals the definition of commercial kennel and revises the definition of pet vendor.

 

II.  Authorizes the department of agriculture, markets, and food to make rules relative to the number of amphibians, reptiles, fish, or small mammals a person may sell and qualify as a pet vendor.

 

III.  Establishes a position of accounting clerk in the department of agriculture, markets, and food and makes an appropriation therefor.

 

IV.  Requires dogs, cats, and ferrets offered for transfer to be accompanied by a health certificate.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2019   0657s 19-0828

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the definition of pet vendor, the transfer of animals, and establishing the position of accounting clerk in the department of agriculture, markets, and food.

 

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

 

1  Definition of Pet Vendor.  Amend RSA 437:1, IV to read as follows:

IV.  "Pet vendor" means any person, firm, corporation, or other entity [engaged in the business of transferring] that transfers 20 or more dogs, 20 or more cats, 30 or more ferrets, or 50 or more birds, live animals or birds customarily used as household pets to the public, with or without a fee or donation 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] between July 1 and June 30 of each year.  Pet vendor also means any person, firm, corporation, or other entity that transfers amphibians, reptiles, fish, or small mammals customarily used as household pets to the public in quantities set in rules adopted by the department, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire between July 1 and June 30 of each year.  Nothing in this paragraph shall be construed to alter or affect the municipal zoning regulations that a pet vendor shall conform with under RSA 437:3.

2  Exemptions; Commercial Kennel Deleted.  Amend RSA 437:7 to read as follows:

437:7  Exceptions.  The license provisions of this subdivision shall not apply to breeders of dogs that do not meet the definition of [commercial kennel] pet vendor in RSA 437:1, veterinarians, or the transfer of livestock or poultry.

3  New Paragraph; Health Certificates for Dogs, Cats, and Ferrets.  Amend RSA 437:8 by inserting after paragraph V the following new paragraph:

  VI.   No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual without first being protected against infectious diseases using a vaccine approved by the state veterinarian.   No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual unless accompanied by an official health certificate issued by a licensed veterinarian.   No transfer shall occur unless the transferred animal is accompanied by a health certificate issued within the prior 14 days.  The certificate shall be in triplicate, one copy of which shall be retained by the signing 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 III.   If an official health certificate is produced, it shall be prima facie evidence of transfer.  The signing veterinarian shall provide a copy of the health certificate to the department of agriculture, markets, and food upon request.  

4  Department of Agriculture, Markets, and Food; Appropriation for Position.  There is hereby established an accounting clerk I position at the department of agriculture, markets, and food for the purposes of implementing section 1 of this act.  The sum of $100,000 for the fiscal year ending June 30, 2020, and the sum of $84,000 for the fiscal year ending June 30, 2021 are hereby appropriated to the department of agriculture, markets, and food to fund the position established in this section.  The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

5  Repeal.  RSA 437:1, II, relative to the definition of commercial kennel, is repealed.  

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