On Jan 6 and 7, the House will meet to vote on bills which were studied over the summer and fall. One of these is HB661-FN, relative to record keeping for sold or transferred animals which DOGS supported. Both the Majority and Minority Committee reports recommend its passage, but they have offered different amendments.
From the House Calendar:
HB 661-FN, relative to record keeping for sold or transferred animals. MAJORITY: OUGHT TO PASS WITH AMENDMENT.
MAJORITY: OUGHT TO PASS WITH AMENDMENT.
Rep. Andrew Christie for the Majority of Executive Departments and Administration. This bill deals with reporting requirements for animal shelters and for animals transported into NH. As originally presented, the bill would have required very detailed records to be kept on each transferred animal. It met with a great deal of opposition as that level of detail was felt to be unnecessary and burdensome by those in the industry. Over the summer, a subcommittee worked on the bill and got agreement by all interested parties that NH would use a standard grid sheet for reporting as is used in many other states. The amendment adds this to the law and also places the responsibility for the custody and storage of reports submitted to the state with the Department of Agriculture, Markets and Food as part of the license renewal process. Vote 6-5.
Rep. J.R. Hoell for the Minority of Executive Departments and Administration. The committee amendment rewrites the bill in its entirety and now addresses animals going into and out of shelters. The second and third sections of the amendment also make clerical corrections to RSA 437:1 and 437:10. However, the committee amendment does not address the fact that the current law is so broad that a family which ends up with a pregnant animal, and subsequently a litter of dogs or cats, cannot sell them to good homes without breaking the law. The minority believes that if we are going to make changes to RSA 437, we should correct the overly broad definitions and write the statute so that it covers those in the business of raising and selling animals and does not prohibit the family who finds themselves with a pregnant animal, or who wants to breed their animal to have some additional pets.
Both amendments are below
Amendment to HB 661-FN (2015-2508h)
Proposed by the Majority of the Committee on Executive Departments and Administration
Amend the bill by replacing the title with the following:
AN ACT relative to record keeping for sold or transferred animals and making certain technical corrections to the law governing the sale or transfer of animals.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Record Keeping; Licensed Animal Shelters. Amend RSA 437 by inserting after section 8 the following new section:
437:8-a Record Keeping; Licensed Animal Shelters.
1. Each licensee shall compile and keep on its premises a record of the total number of dogs and cats admitted, including animals in shelter and animals admitted but currently in foster care or at another offsite facility, in a reporting period specified with beginning and ending dates for the animal count. The total number shall be subdivided by dog and cat and further divided into the number of adults at time of intake and the number up to 5 months old at time of intake, with these numbers further divided into the following classifications:
(a) The total number of live animals admitted, subdivided into the following categories: stray or at-large admitted through animal control or stated to be without an owner or free-roaming; relinquished or otherwise admitted by owner; owner-intended euthanasia, meaning the admission of an animal whose owner brought the animal to the shelter with the intent of reques2ng euthanasia; transferred from another shelter; transferred from out of state; large scale seizure support, or other purposes; and other intakes, including impounds for cruelty cases and protec2ve custody, pets born while in care, and other types of admission not otherwise covered by these categories;
(b) The subtotal of live outcomes for the animals, further subdivided into the following categories: final adoption, meaning permanently left the shelter’s possession and not including animals placed in foster care or on overnight trial stays; stray or owner-relinquished animal returned to owner; transferred out of the shelter’s possession to another entity; returned to field, meaning returning, after altering, to the stray capture location as free-roaming animals; and other live outcomes, such as barn cat programs;
(c) The subtotal of other outcomes for the animals, further subdivided into the following categories: died in care while sheltered; lost in care, meaning the outcome is unknown, such as due to escape or to not being recorded and unknown; all euthanasia other than that performed as owner- intended euthanasia; and owner-intended euthanasia, meaning only those animals whose owners brought them to the shelter with the intent of using euthanasia services; and
(d) The total outcomes, combining the subtotals for live and other outcomes.
II. For animals transported into New Hampshire for the purpose of sale or transfer, the following information shall be provided to the department of agriculture, markets, and food whether the originator source was a licensed animal shelter, or breeding facility:
(a) The original source for each animal, to include state and city of origin, and name and license number of organization sending animal to New Hampshire.
(b) The method of transport: the name and license number under RSA 437:3 of the person or organization which transported the animal to New Hampshire, and of the licensed organiza2on that accepted the animal for further sale, adoption, or transfer.
(c) For how long, and where, the animal was kept quarantined in New Hampshire prior to being offered for sale, adop2on, or transfer, as required under RSA 437:10, V.
(d) If the animal was dead on arrival, the likely cause of death.
III. Each licensee shall submit records, as described in this section, to the department of agriculture, markets, and food, annually as part of its license renewal application. The department shall store such records described in this section for a period of 3 years. The department shall make this informa2on available to the public on its website, as soon as practicable upon receipt of such records.
2 Technical Correction.Amend RSA 437:1 to read as follows:
437:1 License Required. No person, firm, corporation or other entity shall engage in the business of transferring with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corpora2on, or other en2ty engaged in the business of, including activity as a broker, transferring live animals or birds customarily used as household pets for transfer to the public, with or without a fee 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. These provisions shall not [effect] affect the provisions of RSA 437:7.
3 Technical Correction. Amend RSA 437:10, II to read as follows:
II. The original of the official health certificate accompanying the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection upon request. The public will be informed of [their] its right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where the dogs, cats, or ferrets are displayed. Upon transfer of the dog, cat, or ferret, this health certificate shall be updated by the licensee if any other medication or treatment has been given by a licensed veterinarian or the licensee to the dog, cat, or ferret and shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. The transferee may accept a dog, cat, or ferret that has a noncontagious illness that has caused it to fail its examination by a licensed veterinarian for an official health certificate under paragraph I; the transferee shall sign a waiver that indicates the transferee has knowledge of the dog, cat, or ferret’s noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.
4 Effective Date. This act shall take effect 60 days after its passage. 2015-2508h
AMENDED ANALYSIS
This bill requires licensed animal transferors to keep certain records and submit copies of such records to the department of agriculture, markets and food. This bill also makes technical corrections to the statutes regarding animal transfers.
Amendment to HB 661-FN
(2015-2559h)
Proposed by the Minority of the Committee on Executive Departments and Administration – r (differences in red)
Amend the bill by replacing the title with the following:
AN ACT relative to record keeping for sold or transferred animals and making certain technical corrections to the law governing the sale or transfer of animals. Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Record Keeping; Licensed Animal Shelters. Amend RSA 437 by inserting after section 8 the following new section:
437:8-a Record Keeping; Licensed Animal Shelters.
I. Each licensee shall compile and keep on its premises a record of the total number of dogs and cats admitted, including animals in shelter and animals admitted but currently in foster care or at another offsite facility, in a reporting period specified with beginning and ending dates for the animal count. The total number shall be subdivided by dog and cat and further divided into the number of adults at time of intake and the number up to 5 months old at time of intake, with these numbers further divided into the following classifications:
(a) The total number of live animals admitted, subdivided into the following categories: stray or at-large admitted through animal control or stated to be without an owner or free-roaming; relinquished or otherwise admitted by owner; owner-intended euthanasia, meaning the admission of an animal whose owner brought the animal to the shelter with the intent of requesting euthanasia; transferred from another shelter; transferred from out of state; large scale seizure support, or other purposes; and other intakes, including impounds for cruelty cases and protective custody, pets born while in care, and other types of admission not otherwise covered by these categories;
(b) The subtotal of live outcomes for the animals, further subdivided into the following categories: final adoption, meaning permanently left the shelter’s possession and not including animals placed in foster care or on overnight trial stays; stray or owner-relinquished animal returned to owner; transferred out of the shelter’s possession to another entity; returned to field, meaning returning, after altering, to the stray capture location as free-roaming animals; and other live outcomes, such as barn cat programs;
(c) The subtotal of other outcomes for the animals, further subdivided into the following categories: died in care while sheltered; lost in care, meaning the outcome is unknown, such as due to escape or to not being recorded and unknown; all euthanasia other than that performed as owner-intended euthanasia; and owner-intended euthanasia, meaning only those animals whose owners brought them to the shelter with the intent of using euthanasia services; and
(d) The total outcomes, combining the subtotals for live and other outcomes.
II. For animals transported into New Hampshire for the purpose of sale or transfer, the following information shall be provided to the department of agriculture, markets, and food whether the originator source was a licensed animal shelter, or breeding facility:
(a) The original source for each animal, to include state and city of origin, and name and license number of organization sending animal to New Hampshire.
(b) The method of transport: the name and license number under RSA 437:3 of the person or organization which transported the animal to New Hampshire, and of the licensed organization that accepted the animal for further sale, adoption, or transfer.
(c) For how long, and where, the animal was kept quarantined in New Hampshire prior to being offered for sale, adoption, or transfer, as required under RSA 437:10, V. (d) If the animal was dead on arrival, the likely cause of death.
III. Each licensee shall submit records, as described in this section, to the department of agriculture, markets, and food, annually as part of its license renewal application. The department shall store such records described in this section for a period of 3 years. The department shall make this information available to the public on its website, as soon as practicable upon receipt of such records.
2 License Required. Amend RSA 437:1 to read as follows:
437:1 License Required. No [person] pet vendor, firm, corporation or other entity shall engage in the business of transferring with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, transferring live animals or birds customarily used as household pets for transfer to the public, with or without a fee 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. These provisions shall not [effect] affect the provisions of RSA 437:7.
3 Technical Correction. Amend RSA 437:10, II to read as follows:
II. The original of the official health certificate accompanying the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection upon request. The public will be informed of [their] its right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where the dogs, cats, or ferrets are displayed. Upon transfer of the dog, cat, or ferret, this health certificate shall be updated by the licensee if any other medication or treatment has been given by a licensed veterinarian or the licensee to the dog, cat, or ferret and shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. The transferee may accept a dog, cat, or ferret that has a noncontagious illness that has caused it to fail its examination by a licensed veterinarian for an official health certificate under paragraph I; the transferee shall sign a waiver that indicates the transferee has knowledge of the dog, cat, or ferret’s noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.
4 New Paragraph; Pet Vendor; Defined. Amend RSA 437:2 by inserting after paragraph VI the following new paragraph:
VII. “Pet vendor” means any person who transfers ownership of 10 or more litters of dogs or cats or more than 50 animals or birds customarily used as household pets during any 12-month period.
5 Effective Date. This act shall take effect 60 days after its passage. 2015-2559h
AMENDED ANALYSIS
This bill requires licensed animal transferors to keep certain records and submit copies of such records to the department of agriculture, markets and food. This bill also makes technical corrections to the statutes regarding animal transfers. This bill defines “pet vendor.”
