HB 1604

AN ACT establishing the position of state animal control officer.

SPONSORS: Rep. J. Phinizy, Sull 7; Rep. L. Pratt, Coos 4; Rep. Musler, Straf 6; Rep. McGuirk, Ches 1; Sen. Cohen, Dist 24

This bill creates the position of state animal control officer. Funding for the position shall be from animal license fees assessed by towns and cities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 New Subdivision; State Animal Control Officer. Amend RSA 466 by inserting after section 54 the following new subdivision:

I. The position of state animal control officer shall be established within the department of agriculture, markets, and food, and shall be under the direction of the director of the division of animal industry.

(d) Have earned a degree from an accredited 4-year college, or a 2-year degree from an accredited college with a major in the animal sciences; and

(e) Have been employed at least 5 years in the occupational field of agriculture and animal husbandry, which shall include experience as a veterinary technician; a municipal or county animal control officer; a humane society officer; an employee of the Animal and Plant Health Inspection Service at the Department of Agriculture; another state's agency closely equivalent to the department of agriculture, markets, and food; or any combination thereof.

III. Employment pursuant to paragraph II(e) shall have been within 5 years of application for the position of state animal control officer.

IV. The state animal control officer shall have current standing within the state as a police officer, certified in accordance with RSA 188-F:26, IV. If an applicant for the position is a nonresident of the state, the applicant at the time of application shall have current law enforcement certification and be in good standing with a municipal, county, state, or federal law enforcement agency and be able to become certified within New Hampshire in accordance with RSA 188-F:26, IV within 6 months of being appointed.

V. The state animal control officer shall be appointed by the commissioner of agriculture, markets, and food, for a term not to exceed 5 years which may be renewed.

VI. The state animal control officer shall be a classified position in the state employee classification system.

(b) Have the general power to enforce all criminal laws of the state, except as otherwise provided in this section, and to serve criminal processes and make arrests, under proper warrants, in all counties;

(d) Exercise best possible efforts in providing support and assistance to municipal police departments and officials acting as local animal control officers in carrying out and complying with animal control laws and assisting municipalities in complex or severe cases of animal abuse;

(e) Have the power to conduct any investigation required or necessary by the department of agriculture, markets, and food regarding animal welfare cases; and

II. The state animal control officer shall not have the power to serve civil processes or to enforce any provision of title XXI relative to motor vehicles or title XVIII relative to fish and game, except as in regard to provisions which expressly state an act against or by any domestic animal, household pet, or wild animal in captivity requiring or allowing state enforcement action.

466:57 Reports. The state animal control officer shall keep a record of his or her official acts, receipts, and expenditures and, when requested by the commissioner of agriculture, markets, and food, shall make such report and in such form as the commissioner may prescribe.

I. "Police officer" means any appointed or elected employee of a police department or any appointed employee of a sheriff's department, the fish and game department, the department of safety, the state animal control officer or any special agent appointed by the state liquor commission which is administered by the state or any of its political subdivisions and who is responsible for the prevention, detection or prosecution of crime or the enforcement of the penal, traffic, highway, boating, liquor, or bingo and lucky 7 laws of this state or any of its political subdivisions.

3 License Fees Received by Town and City Clerks; Payment of Fees. RSA 466:9 is repealed and reenacted to read as follows:

I. Clerks of the towns and cities shall issue dog licenses, receive the money for the licenses, and pay the same into the treasuries of their respective towns and cities on or before June 1 each year, retaining to their own use $1 for each license and submitting $1 for each license to the department of agriculture, markets, and food for the purposes specified in paragraph II. The clerks shall return to their respective town or city treasurer a sworn statement of the amount of moneys thus received and paid over by them.

II. The $1 received by the department of agriculture, markets, and food for each license issued pursuant to paragraph I shall be credited as follows:

(a) Fifty cents shall be credited to a special nonlapsing fund to be used exclusively for the operation of the veterinary diagnostic laboratory established under RSA 436:92, and hereby continually appropriated for such purpose to be expended under the supervision of the commissioner of agriculture, markets, and food; and

(b) Fifty cents shall be credited to a special nonlapsing fund to be used exclusively to fund the position of state animal control officer created under RSA 466:55, including salary, benefits, rent, supplies, and travel, and are hereby continually appropriated for such purpose to be expended by the commissioner of agriculture, markets, and food.

III. Fees credited to the fund created under 466:9, II(b), unused at the end of each biennium beginning in 2001, shall be returned to the towns and cities. The sum received by each town or city shall be based on the percentage contributed by each town or city to the total sums received by the department of agriculture, markets, and food pursuant to RSA 466:9, II(b), multiplied by the total unused funds remaining in the fund account at the end of the biennium.

4 Veterinary Diagnostic Laboratory; Special Fund. Amend RSA 6:12, I(yy) to read as follows:

(yy) Moneys received by the department of agriculture, markets, and food under RSA 466:9 for the operation of the veterinary diagnostic laboratory which shall be credited to the fund established in RSA 466:9, II(a).

5 New Subparagraph; Special Fund; State Animal Control Officer. Amend RSA 6:12, I by inserting after subparagraph (aaaa) the following new subparagraph:

(bbbb) Moneys received by the department of agriculture, markets, and food under RSA 466:9 to fund the position of state animal control officer, which shall be credited to the fund established in RSA 466:9, II(b).

The Department of Agriculture, Markets and Foods indicates this bill will increase state expenditures by $63,455 in FY 2001, $52,038 in FY 2002, $54,048 in FY 2003 and by $56,165 in FY 2004. State restricted revenue and local expenditures will increase by $61,600 in FY 2001 and each year thereafter. Local revenue will increase by $17,114 in FY 2003. There will be no fiscal impact on county revenue or expenditures.

· Establishes a new position, State Animal Control Officer, Law Enforcement, Labor Grade 17;

· Increases from $.50 to $1 the portion of each dog license fee the cities and towns must send to the state and earmarks the increase for deposit into a special non-lapsing fund to fund the new Animal Control Officer position; and

· Requires the increased dog license funds that are unused by the Department at the end of each biennium, beginning in FY 2001, to be returned to the cities and towns.

The Department estimates that based on current activity, approximately 123,200 dog licenses will be issued each year which, at $.50 per license, will result in an increase in state restricted revenue and local expenditures of $61,600. The Department assumes the new State Animal Control Officer will start work in July, FY 2001 at Labor Grade 17 in the law enforcement salary schedule. The Department states a vehicle would be necessary for this position with an estimated purchase cost of $14,000, and annual maintenance costs of $3,720. The increase in fees received by the Department, the annual cost of the position, and the balance are shown below:

FY 2001 FY 2002 FY 2003 FY 2004

Dog License Revenue $61,600 $61,600 $61,600 $61,600

Salary 34,912 36,884 38,418 40,034

Benefits (31% of salary) 10,823 11,434 22,910 12,411

Vehicle Purchase 14,000 - - -

Vehicle Maintenance 3,720 3,720 3,720 3,720

Total Expenditures $63,455 $52,038 $54,048 $56,165

Balance ($ 1,855) $ 9,562 $ 7,552 $ 5,435

Refund to Cites/Towns $17,114