New Hampshire

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to equine licenses.

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

1 New Subdivision; Equine Licenses. Amend RSA 435 by inserting after section 41 the following new subdivision:

Equine Licenses

435:42 Procuring License. Every owner or keeper of an equine as defined by RSA 436:93 4 months old or over shall annually, cause it to be registered, numbered, described, and licensed for one year in the office of the clerk of the city or town in which the equine is kept. The license shall be furnished by the clerk at the expense of the city or town. Regardless of when the license is obtained, the license shall be effective from May 1 of each year to April 30 of the subsequent year.

435:43 Vaccination Required. Before a license is issued under the provisions of this subdivision, the owner or keeper of an equine shall furnish to the clerk verification from a licensed veterinarian that the equine has been vaccinated against rabies

435:44 Part of Year. An owner of an equine may at any time have it licensed until the ensuing May 1 and a person becoming the owner or keeper of an equine not duly licensed after May 1 shall cause it to be registered, and licensed as provided in RSA 435:42.

435:45 Transfer. A license duly recorded shall be valid in any part of the state, and may be transferred with the equine licensed.

435:46 Fees.

I. The fee for every license for a year or portion of a year shall be $25 for all equines.

II. Of the fee described in paragraph I:

(a) $10 shall be retained by the municipality to be used for animal control costs.

(b) $10 shall be deposited in the general fund.

435:47 Payment of Fees. Clerks of the towns and cities shall issue equine 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. 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.

435:48 Records.

I. Clerks of towns and cities shall keep a record of all licenses issued by them, with the names of the keepers or owners of equines licensed, and the names, registered numbers and descriptions of all such equines. Clerks of towns and cities shall furnish yearly to the local governing body a list of those owners who have failed to renew their license for use in preparing the warrant of unlicensed equines.

II. With the owner's consent, a veterinarian may report the euthanizing or death during treatment of a licensed equine to the town or city clerk in order to have the record reflect that the equine was euthanized or died. A veterinarian providing such a report may also provide the town or city clerk with the mailing and street addresses of the owner of the equine. Written reports, if any, shall be destroyed after receipt by the town or city clerk, and any resulting record reflecting the equine's death shall not specify the manner or cause of death.

435:49 Account. Each city and town treasurer shall keep an accurate and separate account of all moneys received and expended by such treasurer under the provisions of this subdivision relating to equines.

435:50 Forfeiture. Whoever is the owner or keeper of an equine and who fails to license or renew the equine license pursuant to RSA 435:42 shall forfeit $25 to the town or city clerk of the municipality in which the equine is kept. If the forfeiture is not made to the town or city clerk within 15 calendar days of the notice of forfeiture, the case may be disposed of in a district court as a violation with a fine not to exceed $50, notwithstanding the provisions of RSA 651:2, IV. A forfeiture shall not relieve the owner or keeper of the requirement of proper licensing of the equine as required by RSA 435:42. Any forfeitures collected under this section may be retained by the city or town for the administration and enforcement of this chapter.

435:51 State Veterinarian's Fund.

I. There is hereby established in the office of the state treasurer a state veterinarian's fund which shall be kept distinct and separate from all funds. Five dollars from each fee collected in RSA 434:47 shall be credited to such fund. Such fund shall be nonlapsing and continually appropriated to the department of agriculture, markets and food, state veterinarian for the carrying out of his or her duties.

II. The fee established under RSA 435:47 shall accrue and be paid to the department on June 1 of each year.

2 New Subparagraph; State Veterinarian's Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:

(277) Moneys deposited in the state veterinarian's fund established in RSA 435:51.

3 Effective Date. This act shall take effect July 1, 2009.

LBAO

09-0777

01/14/09

HB 427-FN-A-LOCAL

AN ACT relative to equine licenses.

FISCAL IMPACT:

The Department of Agriculture, Markets, and Food and the New Hampshire Municipal Association estimate this bill will increase state and local revenue, and increase local expenditures by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on county revenue or state and county expenditures.

METHODOLOGY:

The Department of Agriculture, Markets, and Food states that this bill will require that all equines in the state are licensed annually for $25 collected by the town or city clerk in the municipality in which they are kept, with the licensing fee revenue being distributed amongst the municipalities involved ($10), the state general fund ($10), and a newly established, continually appropriated State Veterinarian's fund ($5). Using 2 different formulas, the Department estimated between 19,000 and 24,000 horses will require licensure in the state, with the number remaining static from year to year. The Department further assumed an estimated owner compliance of 80%. The range of the estimated revenue increase annually is as follows:

Department's

Estimates of 80% of Municipal State General State Veterinarian's

Equines Estimate portion ($10) Fund portion ($10) Fund portion ($5)

19,000 15,200 $152,000 $152,000 $76,000

24,000 19,200 $192,000 $192,000 $96,000

The Department also states the bill will require administrative work to process the receipts. It assumes that this work will be undertaken by a Data Control Clerk II (LG 12, Step 5) currently on staff at the Department and will require approximately a week's worth of time. While this bill is not requesting additional positions, the Department states the additional work required under this proposal may impact the existing duties of the Department's current staff member. The Department also estimates that there would be an indeterminable increase to local expenditures, as the various town/city clerks would be responsible for collection of the fees and its associated cost.

LBAO

09-0777

01/14/09

The New Hampshire Municipal Association states that this bill would increase local revenue by $10 for each license granted (to be used for animal control costs) and $25 for each forfeiture collected for non-compliance (may be used to fund enforcement of this bill), but maintains that it cannot estimate the total impact on local revenue. The Association also states that the proposal would increase local expenditures by an indeterminable amount for collection costs.