There is new proposed legislation in NH for 2010 relating to the breeding of dogs. HB 1624 (set to take effect on 1.1.2011) will prohibit individuals from owning more than 10 intact dogs, forbid breeding during sequential heat cycles, and will make tail docking by a breeder illegal. The bill infringes on the individual owners rights to make decisions about their animal’s particular needs, and does more to create irresponsible breeding practices and care of animals than it does to protect it.

The bill uses an arbitrary number to define a limit on how many dogs can be adequately cared for by an individual and by a breeder. The bill will force any breeder with more than 10 intact dogs, including responsible hobby breeders working out of their own HOME, to comply with regulations currently reserved for pet stores, animal shelters, and commercial kennels (ie. puppy mills). The bill limits the number of dogs a person can own when the state puts no limit on the number of cows, goats, pigs, or sheep an individual may own. The bill defines the quality of an animal’s care by simply limiting the number of animals. The bill puts quantity of animals before quality of their care.

The bill defines the age of an intact animal as 4 months and will force breeders and individuals to sterilize animals at an absurdly young age in order to stay under the arbitrary 10 dog limit. The age of 4 months is defined without regard to the needs of the individual animal and is an age which is widely accepted as too young for sterilization and resulting in a wide range of subsequent health problems including INCREASED risk of certain cancers and other serious health issues and REDUCED life expectancy. It is the right of the individual to make medical decision particularly in regard to the sterilization of their animals based on their own animal’s needs. The age of 4 months to define an intact animal is an indication of how the state will define sexual maturity in possible future mandatory spay/neuter legislation. By using an age of 4 months this bill reduces the quality of care and quality of life that dogs in the state will experience.

The bill defines this 4 months age of maturity while at the same time defining the responsible age for breeding at 1 year. Clearly it is already understood within the bill that 4 months of age is not maturity in a dog. Furthermore, as a responsible breeder who waits until their dogs are 2 years of age before breeding, an age which is necessary for health screening and sexual maturity of the animal, this bill will force breeders to make drastic decisions about their breeding stock by 4 months of age (in order to stay under quantity limits) thereby creating an irresponsible breeder out of an otherwise responsible one, and an age which many breeders still have complete litters of puppies.

The bill defines adequate caging and exercise requirements without regard to the breed of dog, size of dog, or the needs of the individual animal. The bill classifies all dogs as one without regard to the individual needs in all regards. Your Chihuahua with cancer must meet the same requirements as another person’s Wolfhound with a thyroid condition and someone else’s Border Collie with a heart condition along with all the healthy dogs in the state. Is it in the best interest of a Chihuahua to be dumped outside for “not less than an hour” each day during winter with wind chill in the negatives? Is it in the best interest of a Bulldog to be dumped outside for not less than an hour each day during summer in temperatures over 100 degrees? By this bill that is what is required. No, the bill does not state that the dog must be outside, but any breeder who is not doing this already and has their dogs in cages the other 23 hours a day certainly does not have an indoor climate controlled area in which to make this requirement feasible.

The bill will be a burden on the state financially in terms of oversight and enforcement and is completely unnecessary based on current legislation which adequately regulates the breeding of dogs within the state already. Furthermore, this bill will do nothing to prevent puppy mills from entering the state and will put good, responsible breeders out of business.

Note, this bill applies to breeders of puppies intended for sale as pets and says nothing specifically about the humane care of sled dogs etc, yet, but does define what is adequate caging for dog living in a home with people. Please contact the members of the Environment and Agriculture committee to voice your opinion on this bill before January 21st!

Committee Members and Contact Info:
Tara Sad, 82 North Rd, Walpole 03608 tara.eric@gmail.tar
Jane Beaulieu, 609 South main St, Manchester 03102-5134 janeb@logoloc.jan
Derek Owen, 580 Brockway Rd, Hopkinton 03229 owen31@juno.owe
Peter Allen, 25 Seaver Rd, Harrisville 03450 no e-mail
Leigh Webb, PO Box 154 Franklin 03235 Leigh.Webb@leg.Leigh.WebLe
Roger Beauchamp, 25 Legacy Drive, Manchester 03102 Roger.Beauchamp@Roger.BeauRoger
Steven Lindsey, 89 Marlboro St, Apt 1, Keene 03431 Steven.Lindsey@Steven.LinSteve
Brian Poznanski, 32 McKenna Dr Nashua 03062 bpoznanski@anselm.bpo
Suzanne Smith 20 Brookside Lane Hebron 03241 zanne1@metrocast.zan
Susan Wiley 222 Diamond Ledge Rd, Center Sandwich 03227 stephmwv@ncia.net
Robert Haefner 1 St John St Hudson 03051 bobhaefnerjp@bobhaefnerj
Irene Messier 40 New Gate Circle Manchester 03102 no e-mail
Burton Williams 222 Cardigan Mountain Rd, Bristol 03222
J David Knox po Box 102 Wolfesboro NH 03894 jdknox@worldpath.jdk
Laura Gandia, 3 chamberlin Dr, Litchfield 03052 Laura.Gandia@Laura.GandLaura
Warren Groen 17 Alice Lane Rochester 03867 warrengroen@warrengro
Stephen Palmer 8 Border St Milford 03055 spalmer_peanuts@spalmer Stephen.Palmer@Stephen.PaSteph
Pamela Tucker 15 Eagle Court Greenland 03840 pamzt@comcast.pam

Full Text of HB 1624
Status of HB 1624

HB 1624-FN – AS INTRODUCED

2010 SESSION

10-2201

08/01

HOUSE BILL 1624-FN

AN ACT relative to the care and treatment of dogs by breeders within the state.

SPONSORS: Rep. Kepner, Rock 15; Rep. Skinder, Sull 1; Rep. Reagan, Rock 1

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill requires certain standards of care and treatment of dogs by breeders within the state.

- – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -

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.

10-2201

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the care and treatment of dogs by breeders within the state.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Dog Breeders. Amend RSA 437 by inserting after section 22 the following new subdivision:

Dog Breeders

437:23 Definitions. In this subdivision:

I. “Adequate caging” means caging for dogs who are housed in cages, kennels, stalls, or runs, the structure of which has a solid impermeable floor or a slatted floor with gaps of no more than 1/2 inch between slats, that is not stacked or otherwise placed on top of or below another animal’s enclosure, and is placed no more than 42 inches above the floor. For dogs who are housed in a home with people, “adequate caging” means the animal lives loose in the home amongst people who reside in the home.

II. “Adequate rest between breeding cycles” means, at minimum, ensuring that dogs are not bred during consecutive heat cycles and are not bred before attaining one year of age.

III. “Debarking” means the cutting or procuring of the cutting of a dog’s vocal cords or the altering, causing or procuring the alteration of any part of a dog’s resonance chamber.

IV. “Person” means any individual, firm, partnership, joint venture, association, limited liability company, company, corporation, estate, trust, receiver or syndicate, including a commercial kennel, pet shop, and broker.

V. “Regular exercise” means, at minimum, one period during each day for a total of not less than one hour for each dog over the age of 4 months, which shall include removal from the dog’s primary enclosure and which shall allow the dog free mobility for the entire period either by leash walking or providing access to a play area at least 3 feet wide and 20 feet long, but shall not include use of a treadmill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine to address a specific medical condition.

VI. “Surgical birth” means birth by cutting through the abdomen and uterus in order to deliver the dog.

VII. “Tail docking” means docking, cutting off, causing or procuring the docking or cutting off of the tail of a dog over 5 days old.

437:24 Prohibitions.

I. Any person having custody of more than 10 intact dogs over the age of 4 months for the purpose of selling their offspring as household pets, or any person acting as agent or intermediary in negotiating, buying, selling, or transferring dogs, when transfer to the final owner occurs in New Hampshire, shall abide by the rules set out in AGR 1702.

II. In addition to the rules contained in AGR 1702, any person having custody of more than 10 intact dogs over the age of 4 months for the purpose of selling their offspring as household pets, or any person acting as intermediary in negotiating, buying, selling, or transferring dogs, when transfer to the final owner occurs in New Hampshire, shall provide every dog in his or her care regular exercise, adequate caging, and adequate rest between breeding cycles.

III. No person shall have custody of more than 50 intact dogs over the age of 4 months for the purpose of selling their offspring as household pets.

IV. Debarking, tail docking, and surgical birth shall be prohibited unless performed under general anesthesia by a licensed veterinarian.

437:25 Duties of the Commissioner.

I. The commissioner of the department of agriculture, markets, and food, or designee, including any duly appointed agent of any humane society, S.P.C.A. incorporated in the state of New Hampshire, or animal control officer, is hereby authorized on the commissioner’s own initiative or pursuant to complaints of other persons to investigate complaints made pursuant to this section.

II. The commissioner of the department of agriculture, markets, and food may adopt rules under RSA 541-A to carry out the provisions of this chapter.

437:26 Penalties.

I. Any person who violates this subdivision shall be guilty of a misdemeanor.

II. Any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine not to exceed $1000 for each violation.

2 Effective Date. This act shall take effect January 1, 2011.

LBAO

10-2201

12/10/09

HB 1624-FN – FISCAL NOTE

AN ACT relative to the care and treatment of dogs by breeders within the state.

FISCAL IMPACT:

The Judicial Branch, the Judicial Council, the Department of Justice and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. The Department of Agriculture, Markets and Food states this bill will increase state expenditures by an indeterminable amount and may increase local expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on state, county and local revenue.

METHODOLOGY:

The Judicial Branch states this bill will add RSA 437:23 through RSA 437:26 to impose standards of care and treatment of dogs on dog breeders within New Hampshire and to make it an unspecified misdemeanor for any person violating the standards. Misdemeanor charges can be either a class A or class B, with the presumption they will be class B in accordance with RSA 625:9,IV. However, the Branch has no information to estimate how many new misdemeanors would be brought as a result of this bill or if they would be a class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.

The Judicial Council states to the extent an unspecified misdemeanor results in a misdemeanor offense where the right to counsel exists this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.

LBAO

10-2201

12/10/09

Page 2

The Department of Justice states the criminal offense created by this bill is typically prosecuted by a local prosecutor or county attorney’s office. If an appeal is filed, the Department would have increased expenditures. The Department is unable to estimate how many cases would be prosecuted by the Department or appealed to the Supreme Court. Additionally, the Department would have some increase in expenditures related to client counseling duties for the Department of Agriculture; however any fiscal impact would likely be absorbed by existing resources.

The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.

The Department of Agriculture, Markets and Food states this bill will increase state expenditures and may increase local expenditures by an indeterminable amount. The Department assumes no additional funding or personnel would be provided. The Department states that without additional personnel the state veterinarian will not be able to assume the additional responsibilities contained in this bill and continue to perform the state veterinarian’s current responsibilities. The state veterinarian would need to not perform 366 to 687 hours of other functions per year to meet the responsibilities contained in this bill. There would also be indeterminable costs associated with administrative and legal proceedings for the Department of Agriculture, Markets and Food and the Department of Justice. The Department states to the extent municipal animal control officers are authorized to and investigate complaints local expenditures may increase.

You can see more about this and other 2010 pet related bills that have been introduced in NH here.

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