Bill Summary – FastDemocracy

HB 532-FN - AS INTRODUCED
                                              2021 SESSION
                                                                                              21-0386
                                                                                              08/10
HOUSE BILL              532-FN
AN ACT             creating an animal records database.
SPONSORS:          Rep. Bixby, Straf. 17
COMMITTEE:         Environment and Agriculture
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                                                ANALYSIS
    This bill:
    I. Creates a database for animal health records.
    II. Authorizes the commissioner of the department of agriculture, markets, and food to transfer
money to and from certain funds in order to establish the animal record database and to repay
monies transfered from other funds. This bill does not require the commissioner to fully reimburse
the other funds.
    III. Establishes a fee on the submission of animal health certificates.
    IV. Establishes a fee on rabies vaccinations.
    V. Requires veterinarians to send a copy of the rabies vaccination certificate to the department
of agriculture, markets, and food.
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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                  Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
                                      HB 532-FN - AS INTRODUCED
                                                                                           21-0386
                                                                                           08/10
                                        STATE OF NEW HAMPSHIRE
                               In the Year of Our Lord Two Thousand Twenty One
     AN ACT            creating an animal records database.
             Be it Enacted by the Senate and House of Representatives in General Court convened:
     1 New Sections; Animal Records Database. Amend RSA 437 by inserting after section 8 the
  following new sections:
     437:8-a Animal Records Database Established.
         I. The department of agriculture, markets, and food shall design, establish, and contract
  with a third party for the implementation and operation of an electronic system to facilitate the
  handling of animal records.    The department shall maintain a statewide database of all health
  certificates for any dog, cat, or ferret for which it is required; records of all rabies vaccinations;
  records of quarantine for any animal brought into New Hampshire for transfer under RSA 437:8, IV;
  any records required of pet vendors for the transfer of any animal that is not a dog, cat, or ferret;
 license information for pet vendors required to be licensed under RSA 437:3, and the number of
 individual and group licenses issued each year by each municipality in New Hampshire under RSA
 466.
        II. Such database may also be used to record other data relevant to the oversight of pet
 animal health in the state as the commissioner deems necessary.
        III. The department shall maintain a reporting system capable of receiving electronically
 transmitted reports from veterinarians, pet vendors, animal shelters, and any other person the
 department requires by rule to submit animal records. Authorized users shall be capable of working
 in offline mode when an Internet connection is not available. The commissioner shall adopt rules
 under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information it
 deems necessary to manage such database including procedures for providing authorized access by
 licensed veterinarians, municipal clerks, and other persons the commissioner requires to access to
 the database.   The commissioner shall also adopt rules pursuant to RSA 541-A relative to the
 collection of fees necessary to maintain the database. The commissioner shall also ensure that the
 database is secure from unauthorized access or use.
        IV. There is established a nonlapsing fund to be known as the animal records database fund
 in the department of agriculture, markets, and food which shall be kept distinct and separate from
 all other funds. All moneys in the animal records database fund shall be nonlapsing and continually
 appropriated to the commissioner, and except as otherwise provided in law, shall be used for the
 purpose of administering and maintaining the animal records database established in this section.
 The database fund shall draw moneys only from grants, appropriations, and the fees in RSA 437:8-a.
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          V.    Notwithstanding paragraph IV, the fund shall be initiated by transfers from the
  agricultural product and scale testing fund established under RSA 435:20, IV, as provided in RSA
  435:20,V-a, and the integrated pest management fund established under RSA 430:50, as provided in
  RSA 430:50, IV-a.     After the animal records database is operational, the commissioner may
  reimburse first the integrated pest management fund, and then the agricultural product and scale
  testing fund, over a period of 5 years as provided in RSA 435:20, V-b and RSA 430:50, IV-b.
      437:8-b Confidentiality.
          I. Information contained in the database, information obtained from it, and information
  contained in the records of requests for information from the database, shall be confidential, and
 shall not be a public record or otherwise subject to disclosure under RSA 91-A, and shall not be
 subject to discovery, subpoena, or other means of legal compulsion for release. Such information
 shall not be shared with an agency or institution, except as provided in this subdivision.
         II.   The department shall establish and maintain procedures to ensure the privacy and
 confidentiality of animal and animal owner information.
         III. The department may use and release information and reports from the program for
 program analysis and evaluation, statistical analysis, public research, public policy, and educational
 purposes, provided that the data are aggregated or otherwise de-identified.
         IV. No database records, information, or lists shall be sold, rented, transferred, or otherwise
 made available in whole or in part, in any form or format, directly or indirectly, to another person.
         V. Database records, information, or lists may be made available pursuant to a court order
 on a case-by-case basis. In a case of potential rabies exposure, rabies vaccination information may
 be made available in response to a request from the state, a political subdivision of the state, the
 federal government, or a law enforcement agency solely for use in official business. Any information,
 record, or list received pursuant to this paragraph shall not be transferred or otherwise made
 available to any other person or listed entity not authorized under this paragraph.
         VI. Any person who knowingly accesses, alters, destroys, or discloses program information
 except as authorized in this subdivision or attempts to obtain such information by fraud, deceit,
 misrepresentation, or subterfuge shall be guilty of a class B felony.
     2 Health Certificates; Fee. Amend RSA 437:8 to read as follows:
     437:8 Health Certificates for Dogs,Cats, and Ferrets.
         I. For purposes of this chapter, an official health certificate means [a certificate signed] an
 electronic record electronically submitted to the animal records database by a licensed
 veterinarian, containing the name and address of the entity transferring ownership of the dog, cat,
 or ferret, the age, gender, breed, microchip number, tattoo number, ear tag number, or physical
 description of the dog, cat, or ferret, and the certification of the veterinarian that the dog, cat, or
 ferret is free from evidence of communicable diseases or internal or external parasites. A list of all
 vaccines and medication administered to the dog, cat, or ferret shall be included [on or attached to]
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                                                - Page 3 -
  in the certificate. The signing veterinarian shall pay a fee not to exceed $2 for each official
  health certificate submitted to the department of agriculture, markets, and food in
  accordance with rules established by the department for the submission of the health
  certificates for the administration of the animal records database.
          II. The electronically submitted health certificate shall be considered the official
  health certificate.    A copy of the health certificate of [The original of the official health
  certificate accompanying] the dog, cat, or ferret offered for transfer by a licensee shall be kept on the
  premises where dogs, cats, and ferrets are displayed, and made available for inspection by the
  department, local officials, or a member of the public upon request up to one year after the animal
 has left the facility. The public shall be informed of their right to inspect the health certificate for
 each dog, cat, or ferret by a sign prominently displayed in the area where dogs, cats, or ferrets are
 displayed. Upon transfer of a dog, cat, or ferret, a copy of that animal's health certificate shall be
 given to the transferee in addition to any other documents which are customarily delivered to the
 transferee. [The transferee may accept a dog, cat, or ferret that has a noncontagious illness, or feline
 leukemia virus or feline immunodeficiency virus, which has caused it to fail its examination by a
 licensed veterinarian for an official health certificate.    The transferee shall sign a waiver that
 indicates the transferee has knowledge of such dog, cat, or ferret's noncontagious medical condition
 and then submit such waiver to the licensee who shall send a copy to the state veterinarian.]
         II-a. For purposes of this chapter, an official health certificate waiver means an
 electronic record electronically submitted to the animal records database provided in lieu
 of an official health certificate for a dog, cat, or ferret that has failed the examination for
 an official health certificate because of a non-contagious illness, feline leukemia, or feline
 immunodeficiency virus.       The waiver shall contain the name and address of the entity
 transferring ownership of the dog, cat, or ferret; the age, gender, breed, microchip number,
 tattoo number, ear tag number, or physical description of the dog, cat, or ferret; the reason
 for failure of the examination for the official health certificate; and the signature of the
 transferee indicating that the transferee has knowledge of the dog’s, cat’s, or ferret’s non-
 contagious medical condition. A list of all vaccines and medication administered to the
 dog, cat, or ferret shall be included in the health certificate waiver. The waiver shall be
 submitted electronically to the animal records database by a New Hampshire licensed
 veterinarian, a New Hampshire licensed pet vendor, or other person authorized to submit
 to the animal records database. The person submitting the health certificate waiver shall
 pay a fee not to exceed $2 for each official health certificate waiver submitted to the
 department of agriculture, markets, and food in accordance with rules established by the
 commissioner for the administration of the animal records database. Payments shall be
 made electronically.
                                         HB 532-FN - AS INTRODUCED
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            III. No person, firm, corporation, or other entity shall ship or bring into the state of New
  Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8
  weeks of age. No person, firm, corporation, or other entity shall offer for transfer any cat, dog, or
  ferret less than 8 weeks of age.
            IV. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at
  least 48 hours at a facility licensed under RSA 437 or at a facility operated by a licensed veterinarian
  separated from other animals on the premises before being offered for transfer.
            V. Animal shelter facilities, as defined in RSA 437:1, I, are exempt from the requirements of
  this section relative to transferring dogs, cats, and ferrets except that:
              (a) All animal shelter facilities shall have on premises a microchip scanner and shall
 maintain a file of recognized pet retrieval agencies, including but not limited to national tattoo or
 microchip registries.
              (b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos,
 ear tags, or other permanent forms of positive identification and shall scan for a microchip upon
 admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to
 transferring ownership of an unclaimed or abandoned animal.
           VI. No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual
 without first being protected against infectious diseases using a vaccine approved by the state
 veterinarian. [No dog, cat, or ferret shall be offered for transfer by a licensee or by any individual
 unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer
 shall occur unless the transferred animal is accompanied by a health certificate issued within the
 prior 14 days. The certificate shall be in triplicate, one copy of which shall be retained by the signing
 veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be
 given to the transferee upon transfer as provided in paragraph III.] No dog, cat, or ferret shall be
 offered for transfer by a licensee or by any individual unless accompanied by a copy of the
 official health certificate or official health certificate waiver issued by a licensed
 veterinarian within the prior 14 days.           No transfer shall occur unless the transferred
 animal is accompanied by a copy of the official health certificate or official health
 certificate waiver.       The official health certificate shall reside in the animal records
 database in a record which the issuing veterinarian and the licensee shall be authorized to
 access.     A copy, generated by the veterinarian or the licensee, shall be provided to the
 transferee. The transferor shall retain a copy for his or her records. If an official health
 certificate is produced, it shall be prima facie evidence of transfer. [The signing veterinarian shall
 provide a copy of the health certificate to the department of agriculture, markets, and food upon
 request.]
     3 Duties of Veterinarian; Notification of Administration of Rabies Vaccine. Amend RSA 436:102
 to read as follows:
                                        HB 532-FN - AS INTRODUCED
                                                 - Page 5 -
      436:102    Duties of Veterinarian.    It shall be the duty of each veterinarian, at the time of
  vaccinating any dog, cat, or ferret, to complete a certificate of rabies vaccination [in triplicate] which
  includes the following information: owner's name and address, description of dog, cat, or ferret
  (breed, sex, markings, age, name), date of vaccination, rabies vaccination tag number, type of rabies
  vaccine administered, manufacturer's serial number of vaccine, and the expiration date of the
  vaccination. [Distribution of copies of the certificate shall be: the original to the owner, one copy
  retained by the issuing veterinarian and, within 40 days of the vaccination, one copy to the town or
  city clerk where the dog, cat, or ferret is kept. The veterinarian and the owner shall retain their
  copies for the interval between vaccinations specified in RSA 436:100.] The veterinarian shall
 enter the rabies vaccine certificate information electronically into the animal records
 database, and generate a copy for the owner, who shall retain that copy for the interval
 between vaccinations specified in RSA 436:100.            The department shall provide city and
 town clerks access to database records of vaccination for all dogs, cats, and ferrets within
 their jurisdiction. A metal or durable plastic tag, serially numbered, shall be securely attached to
 the collar or harness of the dog. Whenever the dog is out-of-doors, off the owner's premises, and not
 under the control of the owner or handler while working the dog, the collar or harness with the
 vaccination tag shall be worn. For the purposes of this section, "working the dog" means a dog doing
 a defined functional canine activity with its owner or handler such as hunting, field work, drafting,
 and guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), or participating in
 any lawful competitive event, including, but not limited to, conformation shows or obedience trials,
 field trials, agility events, hunts, sled races, or training activities pertinent to functional canine
 activities. Cats and ferrets shall not be required to wear the collar or harness with the tag.
     4 Cost; Rabies Vaccination Fee. Amend RSA 436:103 to read as follows:
     436:103 Cost. The cost of rabies vaccination shall be paid by the owner of the dog, cat, or ferret.
 A fee not to exceed $2 shall be included in the cost of such vaccinations and shall be
 submitted to the department of agriculture, markets, and food in accordance with rules
 established by the department for submission of the vaccination