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…

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 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.

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.

Two legislative bills need your attention over the next two weeks, SB 365 and HB 1417.   See below for further information on these bills.

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.

Further amendments are being prepared for the House Environment Committee public hearing by DOGS.  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.
Action Needed: Emails and letters to House Environment Committee members requesting support for the amendment that clarifies the exemption for cat hobby breeders from the state licensee law. House Environment Committee members should be urged to support the amendment that clarifies the exemption for hobby breeders who are not “conducting a business” as they do not make a profit nor can they deduct expenses on their tax forms. The law already clarifies the exemption for hobby dog breeders.  This will make it clear for the hobby cat breeder and provide them a point of law to refer to when deterring an overzealous SPCA staff person (contact yln @ comcast.net if you need more information about the recent enforcement action that this amendment pertains to). Environment and Agriculture Committee Mailing List

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. More information about why DOGS supports this bill is available here. STATUS: The House passed the bill. Next step: Senate Commerce Committee public hearing on April 29th at 12:45 pm in room 103 State House. Action Needed: Send a letter to the members of the Senate Commerce committee urging them to support passage of the bill. 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.

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

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.

The Legislature is on its winter vacation break until March 1st.

Recent Legislative Action -

HB 1417: allowing companion dogs in certain areas of restaurants. Passed the House.

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. Killed by the House.

We’ve been asked about HB1417. It does not require all restaurants to allow dogs.  It simply lets restaurant owners, who might wish to allow dogs, to do so – provided they post a notice.  New Hampshire has a lot of Inns and Bed and Breakfasts whose owners live on their premises.  There have been some enforcement questions about whether or not those owners could even have a dog anywhere on their property.

Here is the wording of HB 1417:

II. A restaurant owner may allow, at the restaurant owner’s discretion, any person possessing a properly disciplined companion dog inside his or her place of business. Such dogs shall not be allowed in food preparation or production areas. Restaurant owners allowing companion dogs shall prominently display a sign at all public entrances advising patrons that companion dogs are allowed on the premises.