HB1389 (2020) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

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 possession or custody necessary care, sustenance or shelter;

3 Effective Date. This act shall take effect January 1, 2021.

Changed Version

Text to be added highlighted in green.

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.