Dog Owners of the Granite State

During the 2010 NH Legislative Session, DOGS earmarked some 20 bills that would impact ownership, breeding, training and working with dogs and other companion animals. The numerous members of DOGS that testified at public hearings and contacted legislators certainly had an impact in legislators making informed voting decisions.  Due to the tireless involvement of our members, all of the bills had favorable outcomes. The final dispositions of the major bills that we were involved in are summarized below.

In August, the House Environment & Agriculture Committee will hold meeting to discuss  the “puppy mill” issues that were raised by HB 1624. The supporters of placing restrictions on dog breeding are expected to present information to encourage 2011 legislation.

2010 is an election year for all NH state house members and senators, and the governor (2 year terms). DOGS encourages you to get to know who is running for the House and Senate seats, ask them about their positions on companion animal issues, and knowledgeably exercise your right to vote in the September Primary and the November General Election.

DOGS is An American Kennel Club affiliated federation that represents NH dog and other companion animal owners. Our members are involved in all aspects of pet ownership. To become a supporting member of DOGS’ programs and our legislative advocacy efforts contact Joyce Arivella, DOGS President, at  DOGS@NHdogs.org .  Contact Joyce if your organization is interested in a legislative presentation that will include a review of which legislators supported our positions and a preview of the 2011 DOGS’ legislative initiatives at your next meeting. Read more…

On July 10th, in response to an editorial on hoarding, the Keene Sentinel published a letter to the editor from a supporter of HB 1624 and HB 1639. Her argument was that, rather than put limits on the number of animals a person could own, the legislature needs to enact laws similar to HB 1624 and HB 1639 – setting specific standards of care.  At the conclusion of her letter, she described the opponents of these bills in the following manner:

“….our representatives in Concord will continue to bend to the will of a small but extremely vocal group of citizens who would prefer to keep animal protection measures in the 17th century.”

Here is the response from our President which was published on July 17th.

READER OPINION: New animal-protection laws are not needed, by Joyce Arivella of the Dog Owners of the Granite State

In response to Jean Slepian’s letter published July 10: The solution to animal hoarding does not lie with more animal protection legislation. New Hampshire already has excellent cruelty laws. The solution lies with the public.

The bills Ms. Slepian refers to, HB1624 and HB1639, were poorly written bills that were rightly rejected by the Legislature.

HB1624 would have required all dogs to be exercised for an hour a day no matter what the weather or even the dog’s health. New Hampshire just went through a heat wave of temperatures close to 100 degrees. A dog that was forced to exercise in that weather could easily have died of heatstroke.

By making owners of unaltered dogs subject to the same rules as pet shops, the owners who kept their dogs in the house would have to get rid of any cats they had as the rules prohibit dogs and cats being kept in the same “primary enclosure.” Finally, the standards only applied to those who owned unaltered dogs. True animal protection applies to all dogs.

HB 1639, the tethering bill, would have pitted neighbor against neighbor if there was any suspicion of a dog being tied out for more hours than stated in the bill. A neighbor who simply didn’t like dogs could call the police to complain about the length of time it was tethered.

There were other problems with the bill, the length of the tether specified could have been dangerous for large breed dogs. Many housing complexes prohibit fencing, and for dog owners in these situations, tethering may be their only option.

As president of Dog Owners of the Granite State, I suggest that neighbors watch out for each other. Neighbors and friends of collectors have the best knowledge of what is happening in their home and the best access to the person with this type of psychological problem. They can gently speak to the person collecting animals and if reason doesn’t work, possibly they can bring in a family member to help. Perhaps they can help the person find good loving homes for some of the animals.

This is how things were handled in the past. Pet owners looked out for and helped each other through tough times, for the good of both the person and the animals. If the population is getting out of control and the person is unable to stop taking in more animals and unable to care for them then it is time to bring in authorities. This should be a LAST resort, not a first step.

The small and vocal group that Ms. Slepian refers to in her letter is Dog Owners of the Granite State. We are an American Kennel Club-affiliated federation. Our members are involved in all aspects of pet ownership including trainers, mushers, breeders, members of kennel clubs and cat clubs, pet owners and veterinarians.

Our members have served on state commissions and helped write some of New Hampshire’s very good animal laws. We operate two websites — www.nhdogs.org for legislation and nhpetsonline.com for general pet owners.

Rather than trying to keep “nh animal protection measures in the 17th century,” DOGS has been one of the leaders in animal protection in New Hampshire while protecting animal owners from unwarranted intrusion in their lives.

DOGS is against animal cruelty. I do not know anyone who neglects or hoards animals. If I did, I would do my very best to educate them, and only if that failed, would I report them.

Here’s a quick updates on some of the bills we followed this year.  Two passed.  HB 1525 gives the board of veterinary medicine jurisdiction over physical therapists practicing on animals.  HB 1417 was amended by the Senate to allow a restaurant owner to bring their dog to work with them provided they post a notice.

HB 431 – requiring that an adversive agent be added to antifreeze died when the House and the Senate couldn’t reconcile their differences in a Committee of Conference.  While DOGS supported this bill, recent studies have shown that the addition of a bittering agent to antifreeze has not had the effect that was hoped for at least in children.  This study found that “bittering agents do not decrease the frequency or severity of pediatric antifreeze poisonings.”

In other news, the legislature repealed the Pet Overpopulation Committee as part of the omnibus commission repeal bill.  The committee had not met in five years.  The attempt to outsource the management of the state’s spay/neuter fund was rejected.

NH LEGISLATIVE “ACTION NEEDED” UPDATE

The current versions of the House’s and Senate’s budget balancing bills (SB 450 and HB1128) contain provisions to eliminate the position of Animal Population Control Assistant and require the Commissioner of Agriculture to put administration of the program out to bid for a contract not to exceed $20,000 a year, and allow the department to charge the program no more than $5,000 a year for administrative oversight. Currently, a full-time employee of the NH Dept. of Agriculture administers all aspects of the program.

• The NH Veterinary Medical Association is opposed to this change in the program. Over 100 veterinarians participate in the program. They have indicated that many of the participating veterinarians will not participate in the program if it is handled by an independent contractor due to the potential for compromising privacy and the costs of adapting to a new paperwork process.

• A major concern is the lack of effective financial and confidential information controls if using an independent contractor. Veterinarians provide proprietary information about their fees to participate in the program and individuals provide their social security number and financial information to qualify for the program.

• NH’s animal control population (spay/neuter) program was instituted in July, 1995. It is has been the model for other states and is considered “the gold standard” of programs. It is extremely successful, highly respected and trusted. Placing the program with an independent contractor, even if it was a large humane society, would disrupt the program’s administration, be more costly and undermine the credibility of the program.

• Currently, Vermont uses a contractor to administer their animal population control program. They have had issues and problems with security and confidentiality of personal information. Vermont indicates that there will be more complaints and questions for the NH Department of Agriculture to handle if a contractor is used. Furthermore, Vermont has had only one applicant who has come close to meeting the contract qualifications—at a cost more than double the proposed amendment’s maximum of $20,000 annually. NH’s program is 50% larger than Vermont’s. Vermont indicates that there will be more complaints and questions for the NH Department of Agriculture to handle if a contractor is used.

• The NH Animal Population Control Program is funded by dog licensing fees. Every year since its inception, the funds have been expended. Using an independent contractor resulted in Vermont having to raise more funds to administer the program that didn’t go to spaying/neutering cats and dogs.

The provisions are contained in Sections 33-35 of both SB 450 and HB 1128

STATUS: During the upcoming week, a conference committee of Senators and Representatives will try to come to agreement on what to take out or keep in the budget. We need to contact them to make sure that this provision is not in the final 2010 budget bill.

ACTION NEEDED

Several members of the House Finance Committee now recognize the folly of this provision. Our Senators need to be better informed about how this provision would undermine this valuable and successful program.

Please send a note to the members of the Senate listed below and ask them to work with the Senate conference committee members to remove these provisions from the 2010 budget bill. In your note mention two or three of the reasons listed above.

Harold Janeway, 225 Tyler Road, Webster, NH 03303-7733, harold.janeway@leg.state.nh.us

Kathleen Sgambati, 25 Pine Street, Tilton, NH 03276-5535, kathleen.sgambati@leg.state.nh.us

John Gallus, 292 Prospect Street, Berlin, NH 03570-2137, john.gallus@leg.state.nh.us

Bob Odell, PO Box 23, Lempster, NH 03605-0023, bob.odell@leg.state.nh.us

Jacalyn L. Cilley, 2 Oak Hill Road, Barrington, NH 03825-3820,  jacalyn.cilley@leg.state.nh.us

Sheila Roberge, 83 Olde Lantern Road, Bedford, NH 03110-4816, sheila.roberge@leg.state.nh.us

Amanda Merrill, 8 Meadow Road, Durham, NH 03824-3006, Amanda.Merrill@leg.state.nh.us

NH LEGISLATIVE ACTION UPDATE

On April 28th, SB 365 was voted 279-54 as inexpedient to legislate (killed) after a lively floor debate on the bill. You can listen to the floor debate at http://www.gencourt.state.nh.us/house/media/live_media.htm

Highlights of the floor debate include Representative Rausch explaining how the bill would allow humane societies to use the state spay/neuter fund for imported animals. Rep. Skinder notes that feral tom’s rape their female counterparts and Representative Vaillancourt quotes Bob “Price is Right” Barker. At the same time, the significant issue of dogs being personal property is raised to explain why the bill needed to be killed.

HB 1417: allowing companion dogs in certain areas of restaurants at the owners’ discretion. The bill’s sponsor, Rep. Butler, owns an Inn and the new health inspector maintains that the owner’s dogs having access to the dining room is a violation of the state regulations. DOGS is supporting the bill.  Several disabled persons with service dogs oppose the bill primarily because it would interfere with their access rights.  They were concerned that companion dogs would disrupt their service dog.

ACTION NEEDED: If you support restaurants/coffee house being permitted to allow well-behaved pet dogs to accompany their owners, then please contact the Senate Commerce Committee.  This would be a voluntary decision on the part of the restaurant owners.

Raising Pet Store Licensing Fees (SB 450-FN, Amendment 1311, Section 99) The most recent amendments to the state budget include raising the pet store, animal shelters and commercial breeder annual state licensing fees from $200 to $350. The money will go toward licensing, inspections and investigating complaints. The fees were last raised in 2004 when they went from $50 to $200. Agriculture Commissioner Lorraine Merrill said she has spoken to an advocacy group representing those licensees and they had no problem with the increase.

While DOGS does not have a position on the fee increase, we are watching closely to insure that it is not expanded to include hobby breeders. The House Finance Committee and House Ways and Means Committee are currently deliberating the bill.

On Monday April 26th, the House Ways and Means Committee will be holding a work session on an amendment to SB 450 that, if passed will raise the licensing fee from $200 to $350 for pet stores, humane societies, rescue organizations, and commercial kennels.

The license fee was last raised in 2004.  The additional money raised will go to the Agriculture Department to help offset the costs of inspections of licensed facilities.

If you want to attend, the work session will be held in Room 202 in the Legislative Office Building at 3 p.m.

Wednesday, 4/29/10 –

• The N.H. Senate Commerce Committee will hold a hearing on HB 1417 – Allowing dogs in restaurants. When : 12:30 p.m. Where: Room 103, the State House, Concord.

NH LEGISLATIVE ACTION UPDATE

SB 365: requires that animal shelters and rescue organizations cannot sell, give away, adopt, or otherwise transfer ownership of any dog or cat unless it has been sexually sterilized. An exemption from the requirement is provided for shelters that can demonstrate that at least 85% of the dogs transferred had been sterilized in the previous year through the voucher system or private means.

DOGS supported the bill which was requested by shelter advocates. DOGS requested an amendment incorporated into the bill that added essential protections for animals and animal owners such as an exemption for health an animal’s health status and an animal that is reclaimed by its owner.

At the public hearing, concerns raised by a veterinarian about the lack of enforcement especially with regards to animals transported from other states and the potential for requiring neuter/spaying of all pets as the “next step” alarmed many committee members.

In fact, NH veterinarians’ report that 95% of the dogs and cats they see are neutered/spayed. Also, a representative of the Concord SPCA testified that they would oppose the bill without the 3 year exemption as they were the process of adding surgical capacity to their shelter.

Further amendments were requested by DOGS at the House Environment Committee public hearing. One amendment would make it clear that those who transfer less than 10 litters or 50 kittens in a 12-month period are not required to obtain a state license. DOGS has earmarked the issue of clarifying that hobby cat breeders are not required to be licensed as the subject for requesting new legislation next year.

STATUS: House Environment Committee is recommending the bill be killed. The Committee voted 11-1 that the bill be “Inexpedient to Legislate. NEXT STEP: House floor vote on 4/28.

HB 1417: allowing companion dogs in certain areas of restaurants at the owners’ discretion. The bill’s sponsor, Rep. Butler, owns an Inn and the new health inspector maintains that the owner’s dogs having access to the dining room is a violation of the state regulations. Many of New Hampshire’s Inns, Bed & Breakfasts are pet friendly for the inn owner’s pets and guests’. This unique feature should be the establishment owner’s decision.  DOGS is supporting the bill.

STATUS: The House passed the bill. NEXT STEP: Senate Commerce Committee public hearing on April 29th at 12:30pm in room 103 State House.

ACTION NEEDED: Contact Senate Commerce Committee members  to support this bill.

Senate Commerce, Labor and Consumer Protection Committee

• Margaret W. Hassan, Chairman, 107 North Main Street, Room 302, Concord, NH  03301-2528
• Betsi L. DeVries, V Chairman, 107 North Main Street, Room 106, Concord, NH  03301-2528
• Deborah R. Reynolds, 5 Chaddarin Lane, Plymouth, NH  03264-4401
• Jacalyn L. Cilley, 2 Oak Hill Road, Barrington, NH  03825-3820
• Peter E. Bragdon, P.O. Box 488, Milford, NH  03055-4425
• Sheila Roberge, 83 Olde Lantern Road, Bedford, NH  03110-4816

HB 431: requiring certain engine coolants and antifreeze to include an aversive (bittering) agent so that they are rendered unpalatable.

DOGS POSITION: DOGS is supporting the House passed version of the bill. The Senate amendments weaken the benefit of the bill to consumers, children and animals. Consumers will have no way of knowing whether the fluid in vehicles, farm equipment or other machinery they have serviced was or was not treated.

STATUS: The Senate Energy Committee recommended amending the bill to exempt motor vehicle sales and containers of 55 gallons or more. During Senate floor action, the bill was tabled – not voted on and held for later action.

The NH legislature has reached the half-way point in the 2010 legislative session. All the bills that originated in the House that have gained approval must be moved to the Senate for consideration and vice-versa.  A handful of the bills that DOGS are concerned about remain active and in need of our advocacy.

NH LEGISLATIVE ACTION UPDATE

SB 365: requires that animal shelters and rescue organizations cannot sell, give away, adopt, or otherwise transfer ownership of any dog or cat unless it has been sexually sterilized. An exemption from the requirement is provided for shelters that can demonstrate that at least 85% of the dogs transferred had been sterilized in the previous year through the voucher system or private means.

DOGS supported the bill which was requested by animal shelter advocates. DOGS requested an amendment, incorporated into the bill, that added essential protections for animals and animal owners such as an exemption for health an animal’s health status and an animal that is reclaimed by its owner.

Further amendments are being prepared for the House Environment Committee public hearing by DOGS. It seems that an over-vigorous animal control officer is requiring cat hobby breeders to obtain state licenses much like animal brokers, pet stores and commercial kennels. Our amendment will make it clear that those who transfer less than 10 litters or 50 kittens in a 12-month period are not required to obtain a state license. STATUS: Passed the Senate with amendments. Next step: public hearing before the House Environment & Agriculture Committee on April 13th at 11am in room 308 of the LOB

HB 1417: allowing companion dogs in certain areas of restaurants at the owners’ discretion. The bill’s sponsor, Rep. Butler, owns an Inn and the new health inspector maintains that the owner’s dogs having access to the dining room is a violation of the state regulations. DOGS is supporting the bill. STATUS: The House passed the bill. Next step: Senate Commerce Committee public hearing to be announced.

HB 1525: allowing appropriately trained physical therapists to practice on animals. The bill adds language to the statute passed last year that is agreeable to the therapists and the NH veterinarian’s association. DOGS supports the bill. STATUS: Passed the House. Next step: Senate public hearing to be scheduled.

HB 431: requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable. DOGS supports this bill. STATUS: Passed the House. Next step: A public hearing is scheduled April 8th at 8:35am before the Senate Energy Committee.

The DOGS Legislative Briefing Newsletter was suspended for few weeks while the legislature took a vacation break and the House cleared up a backlog of action on other bills. The diligent advocacy activities of DOGS members made a significant difference in the outcome of several bills. Every bill that DOGS opposed has been killed. The bills that remain for the last half of the NH legislative session require our support – a way to help those that have helped us and show that DOGS is pro-active.

NH LEGISLATIVE ACTION UPDATE

HB 1639 : Dog Tethering Requirements & Unlawful Taking

The House Criminal Justice Committee voted 13-2 to kill the bill (Inexpediant to Legislate). Representative Gagne in the committee report stated that the bill contained “requirements for a proper tether which the majority felt was unduly intrusive. We also felt that the current statutes are adequate at this time because this bill, if enacted, would punish all animal owners, including mushers, rather than the occasional animal abuser.” On March 11th, the House voted to accept the committee recommendation and the bill is killed for this year.

Many thanks to all who made the extra effort to testify in opposition and send numerous messages to the committee and your local representatives.

HB 1624: placing undue restrictions on dog breeders and owners under the guise of eliminating “puppy mills”.

STATUS: Killed in the House on February 10th.

SB 365: requires that animal shelters (including dog rescue shelters) cannot sell, give away, adopt, or otherwise transfer ownership of any dog or cat unless it has been sexually sterilized. DOGS supported the bill which was requested by animal shelter advocates. DOGS requested an amendment that added essential protections for animals and animal owners such as; an exemption for health reasons and an animal reclaimed by its owner. The amendment was incorporated into the bill. Further amendments are being prepared for the House Committee public hearing by DOGS in coordination with the State Veterinarian.

STATUS: Passed the Senate with Amendment. DOGS’ requested amendments were incorporated into the bill. A Senate floor amendment was accepted that requested by Sen. Roberge, bill’s sponsor, that provided for an exemption for shelters that can demonstrate that at least 85% of the dogs transferred had been sterilized in the previous year through the voucher system or private means. Next step: public hearing before the House Environment & Agriculture Committee to be announced.

HB 1417: allowing companion dogs in certain areas of restaurants at the owners’ discretion. The bill’s sponsor, Rep. Butler, owns an Inn and the new health inspector maintains that the owner’s dogs having access to the dining room is a violation of the state regulations. DOGS is supporting the bill.

STATUS: The House Commerce Committee is recommended the bill for passage and it passed the House. Next step – Senate Commerce Committee public hearing to be announced.

HB 1525: allowing appropriately trained physical therapists to practice on animals. The bill adds language to the statute passed last year that is agreeable to the therapists and the NH veterinarian’s association. DOGS supports the bill.

STATUS: Passed the House. Next step: Senate public hearing to be scheduled.

HB 1596: changes the time period by 15 days during which dog owners who have failed to license their dogs shall be notified of the civil forfeiture of each unlicensed dog and increases the warrant fee from $5 to $10. The bill was requested by the municipal clerks’ organization. After attending the public hearing, DOGS still didn’t understand why the bill was needed.

STATUS:  House voted to kill the bill.

HB 431: requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable. DOGS supports this bill.

STATUS: Awaiting a recommendation from the House Criminal Justice Committee on the penalty provisions in the bill. Previously, it was approved for passage by the House Commerce Committee for the commerce provisions.