HB 585-FN – AS AMENDED BY THE HOUSE
06Mar2007… 0241h
2007 SESSION
08/05
HOUSE BILL 585-FN
AN ACT requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.
SPONSORS: Rep. Davis, Merr 7; Rep. S. Kelly, Merr 7; Rep. Greco, Merr 7; Sen. Barnes, Dist 17; Sen. Roberge, Dist 9
COMMITTEE: Environment and Agriculture
This bill requires animal shelter facilities, pet shops, and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.
This bill also requires that the deposit be remitted to the companion animal neutering fund if the depositor does not return a certificate of sterilization to the animal shelter facility, commercial kennel, or pet shop that placed the cat or dog with the depositor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Mar2007… 0241h
07-0641
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Dog and Cat Neutering Deposit. Amend RSA 437 by inserting after section 10 the following new section:
437:10-a Dog and Cat Neutering Deposit.
I. No animal shelter facility, pet shop, or commercial kennel licensed by the department in accordance with RSA 437:1 shall sell, give away, adopt, or otherwise transfer ownership of any dog or cat that has not been permanently sexually sterilized without collecting a neutering deposit of no less than $40 at or before the time of transfer. At the time of receipt of such deposit, the pet shop, commercial kennel, or animal shelter facility shall provide a sterilization certificate to the person who has paid the deposit. The sterilization certificate shall be on a form provided by the commissioner and shall state the date by which the animal must be sterilized in order for the depositor to secure the return of the deposit. In the case of kittens or puppies that are less than 5 months old at the time of transfer, that date shall be on or before the date the kitten or puppy becomes 6 months of age. In the case of cats or dogs 5 months of age or older at the time of transfer, the date of sterilization shall be within 30 days of the date of transfer.
II. To reclaim the neutering deposit, the depositor must submit the sterilization certificate to the animal shelter facility, commercial kennel, or pet shop which took the deposit within 60 days of the date the sterilization was performed. The certificate must be signed by a licensed veterinarian and specify the date on which the sterilization was performed. If the depositor does not submit the signed sterilization certificate within the time period specified above, the deposit shall be considered to have been forfeited. All forfeited neutering deposits shall be remitted by the animal shelter facility, commercial kennel, or pet shop to the commissioner on a quarterly basis. The commissioner shall deposit all forfeited neutering deposits in the companion animal neutering fund established under RSA 437-A:4-a.
2 New Paragraph; Rulemaking. Amend RSA 437:5 by inserting after paragraph III the following new paragraph:
IV. The commissioner shall adopt rules under RSA 541-A to implement the collection of neutering deposits on the transfer of unneutered dogs and cats under RSA 437:10-a.
3 Companion Animal Fund. Amend RSA 6:12, I(b)(59) to read as follows:
(59) Moneys received under RSA 466:4, I(c), RSA 466:6, III, RSA 437:10-a, and RSA 437-A which shall be credited to the companion animal neutering fund, established in RSA 437-A:4-a.
4 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0641
Amended 03/16/07
HB 585 FISCAL NOTE
AN ACT requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered.
FISCAL IMPACT:
The Department of Agriculture, Markets and Food has determined this bill, as amended by the House (Amendment #2007-0241h), may increase state restricted revenue by an indeterminable amount in FY 2008 and each year thereafter and may decrease state and local expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on county and local revenue or county expenditures.
METHODOLOGY:
The Department of Agriculture, Markets and Food states this bill establishes a $40 refundable deposit to be collected at animal shelters, pet shops, or commercial kennels for each cat and dog sold or given way that has not been sexually sterilized. The depositor may secure return of the deposit by presenting the facility with a completed sterilization certificate within 60 days of the sale. Deposits that have not been refunded shall be deposited into the companion animal neutering fund. The Department estimates 3,400 dogs and 1,250 cats are sold or adopted each year. Approximately 40% of dogs and 20% of cats remain un-sterilized and the Department assumes that this will approximate the number of deposits that will not be refunded. Based on these assumptions, the Department calculates the increased revenue to the companion animal neutering fund as follows:
3,400 dogs sold x $40 deposit x 40% of deposits not refunded = $54,400
1,250 cats sold x $40 deposit x 20% of deposits not refunded = $10,000
Total $64,400
The effective date for this bill is January 1, 2008 and therefore only 50% or $32,200 would be deposited to the companion animal neutering fund in FY 2008. In FY 2009 and each year thereafter the Department estimates the full $64,400 would be deposited. The increase in revenue to the companion animal neutering fund will allow for more surgeries on cats and dogs decreasing the number of potential litters. The reduction in animals may result in a decrease in animal control calls, fewer rabies exposures, and decreases in the number of dogs and cats in shelters resulting in a potential decrease in local expenditures. The decrease in rabies exposure may also decrease state expenditures associated with rabies tests.