HB 0145

AN ACT establishing the position of state animal control officer and making an appropriation therefor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

(1) [~~$4.50~~] $5.00 for dogs at least 4 months old but less than 7 months old which are not spayed or neutered and [~~$4.50~~] $5.00 for a neutered male or spayed female dog 7 months old or older; provided, however, that the owner or keeper of such spayed female dog or neutered male dog shall comply with the provisions of RSA 466:1-a to the satisfaction of the clerk of the town or city in which such dog is owned or kept; or

(2) [$7] $7.50 for any unneutered male or unspayed female dog 7 months old or older.

4 Dog License Fees; Group Licenses. Amend RSA 466:6, III and IV to read as follows:

III. The fee shall be [~~$20~~] $21 for the group license, $2 of which shall be remitted to the town clerk for deposit into the companion animal neutering fund, established in RSA 437-A:4-a, as the companion animal population control fee, $1 to the department of agriculture, markets, and food to be distributed pursuant to RSA 466:9, II, and $18 shall be retained by the town or municipality.

5 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, except for money received for licenses under RSA 466:4, II, submitting $1 for each license to the department of agriculture, markets, and food for the purposes specified in paragraph II. In the case of money received for licenses under RSA 466:4, II, $.50 shall be submitted to the department of agriculture, markets, and food for the purpose specified in subparagraph II(a) only. 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 money 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.

6 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).

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

(eeee) 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 states this bill will increase state restricted revenue and local revenue and expenditures by $61,600 in FY 2002 and each year thereafter. State restricted expenditures will increase by $68,612 in FY 2002, $56,745 in FY 2003, $59,087 in FY 2004, and $61,393 in FY 2005. There is no fiscal impact on county revenue or expenditures.

The Department states this bill would establish the position of State Animal Control Officer to be funded from dog license fees assessed by municipalities. The Department estimates state restricted revenue and local revenue and expenditures will increase by $61,600 in FY 2002 and each year thereafter, by increasing dog license fees by 50 cents and directing the fee increase to a special non-lapsing fund to pay for the State Animal Control Officer. The Department assumes 123,200 license fees will be issued in FY 2002 and each year thereafter.

This bill requires the proposed position to have a college education and police training credentials which would equate with a labor grade 19 for law enforcement employees. In addition, the position would require benefits, a vehicle and associated maintenance. The costs are estimated as follows:

FY 2002 FY 2003 FY 2004 FY 2005

Salary, LG 19 $38,418 $40,034 $41,808 $43,555

Benefits @ 32% 12,294 12,811 13,379 13,938

Vehicle Purchase 14,000 0 0 0

Vehicle Maintenance 3,900 3,900 3,900 3,900

Total $68,612 $56,745 $59,087 $61,393

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The Department also estimates state restricted expenditures will increase by an indeterminable amount due to administrative expenses in FY 2002 and each year thereafter.

In addition, this bill increases dog license group fees from $20 to $21, and distributes 50 cents of the increase to the Veterinary Diagnostic Laboratory Fund, and 50 cents to the special fund for the state animal control officer. The Department states the number of group licenses to be issued is indeterminable, but would probably be in the range of 200 licenses, increasing local revenue and expenditures by approximately $100.