HB 1389-FN - AS INTRODUCED
2020 SESSION
20-2087
08/05
HOUSE BILL 1389-FN
AN ACT relative to criminal penalties for not providing adequate food, water, and shelter for animals.
SPONSORS: Rep. Rogers, Merr. 28; Rep. K. Murray, Rock. 24; Rep. Kenney, Straf. 6
COMMITTEE: Environment and Agriculture
-----------------------------------------------------------------
ANALYSIS
This bill requires adequate food, water, and shelter for animals and defines criminal penalties for not providing adequate food, water, and shelter for animals.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2087
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to criminal penalties for not providing adequate food, water, and shelter for animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Adequate Food and Water. Amend RSA 644:8 by inserting after paragraph II-a the following new paragraphs:
II-b. In this section, "adequate food and water" means access to clean, fresh, potable water of a drinkable temperature that is provided in sufficient volume, in clean, durable receptacles that are accessible to each animal, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size, and type of each animal; and access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size, and type of each animal; is provided in a clean and sanitary manner; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian.
II-c.(a) For any dog left outside and unattended for more than 30 minutes during any period, the dog shall be provided a shelter that is moisture-proof, wind-proof and of suitable size to accommodate the dog, allowing for freedom of movement to make normal postural adjustments, including the ability to stand, turn around and lie down with limbs outstretched. Such shelter shall be made of durable material with a solid, moisture-proof floor raised at least 3 inches from the ground. The roof shall extend 8 inches over the doorway and not permit rain to enter inside the shelter. Such shelter shall not be constructed of metal or any other material that readily conducts heat or cold.
(b) Between October 1st and April 30th, all structures shall have a windbreak at the entrance and shall contain a sufficient quantity of suitable, clean bedding material consisting of straw, cedar shavings, or the equivalent and provide insulation appropriate to local climate conditions and sufficient to protect against cold and dampness. Hay, blankets, rags and other materials that retain moisture shall not be utilized for bedding.
(c) Between May 1st and September 31st of any year, all dogs shall be given access to one or more areas of shade by natural or artificial means large enough to accommodate the entire body of the dog at one time to provide protection from the direct rays of the sun. Such shaded area must be separate and outside of any shelter.
(d) No dog shall be left outside and unattended, regardless of access to an outdoor shelter, for more than 15 minutes during any period in which a severe weather advisory or warning has been issued for the area by the National Weather Service, or if the temperature is below 32-degrees Fahrenheit or above 90-degres Fahrenheit. This includes but is not limited to a dog in a securely fenced in yard, a dog in a kennel, or a tethered dog.
2 Cruelty to Animals; Negligence; Adequate Food and Water. Amend RSA 644:8, III(a) to read as follows:
(a) Without lawful authority negligently deprives or causes to be deprived any animal in his or her possession or custody necessary care, adequate food and water, sustenance or shelter;
3 Effective Date. This act shall take effect January 1, 2021.
20-2087
10/24/19
HB 1389-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to criminal penalties for not providing adequate food, water, and shelter for animals.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
|
|
COUNTY: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
|
|
|
|
|
METHODOLOGY:
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Class B Misdemeanor | $54 | $56 |
Class A Misdemeanor | $77 | $79 |
Simple Criminal Case | $300 | $314 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
|
|
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
|
|
FY 2019 Average Cost of Incarcerating an Individual | $44,400 | $44,400 |
FY 2019 Annual Marginal Cost of a General Population Inmate | $5,071 | $5,071 |
FY 2019 Average Cost of Supervising an Individual on Parole/Probation | $576 | $576 |
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2020 | House | Hearing |
| Jan. 28, 2020 | House | Hearing |
| Feb. 4, 2020 | House | Exec Session |
| House | Floor Vote | |
| Feb. 19, 2020 | House | Floor Vote |
Feb. 19, 2020: Inexpedient to Legislate: MA VV 02/19/2020 HJ 4 P. 11
: Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
Feb. 19, 2020: Committee Report: Inexpedient to Legislate for 02/19/2020 (Vote 20-0; CC) HC 7 P. 6
Feb. 4, 2020: Executive Session: 02/04/2020 10:00 am LOB 303
Jan. 30, 2020: Full Committee Work Session: 01/30/2020 10:00 am LOB 303
Jan. 28, 2020: ==CONTINUED== Public Hearing: 01/28/2020 10:00 am LOB 303
Jan. 16, 2020: ==RECESSED== Public Hearing: 01/16/2020 03:00 pm LOB 303
Jan. 8, 2020: Introduced 01/08/2020 and referred to Environment and Agriculture HJ 1 P. 20