SB 312-FN – AS INTRODUCED
2012 SESSION
08/03
SENATE BILL 312-FN
AN ACT prohibiting the cruel confinement of certain farm animals.
SPONSORS: Sen. Carson, Dist 14; Sen. Forrester, Dist 2; Rep. Theberge, Coos 4
COMMITTEE: Energy and Natural Resources
This bill prohibits the cruel confinement of certain farm animals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2964
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT prohibiting the cruel confinement of certain farm animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Welfare of Farm Animals. Amend RSA 427 by inserting after section 59 the following new subdivision:
427:60 Definitions. In this subdivision:
I. “Calf raised for veal” means a calf of the bovine species kept for the purpose of producing the food product referred to as veal.
II. “Covered animal” means a sow during gestation or calf raised for veal that is kept on a farm.
III. “Enclosure” means a cage, crate, or other structure used to confine a covered animal, including what is commonly described as a “gestation crate” for sows or a “veal crate” for calves raised for veal.
IV. “Sow during gestation” means a pregnant pig of the porcine species kept for the primary purpose of breeding.
V. “Turning around freely” means turning in a complete circle without any impediment, including a tether, and without touching the side of the enclosure.
427:61 Prohibition. It is prohibited to tether or confine a covered animal for all or the majority of a day in a manner that prevents the animal from lying down, standing up, fully extending the animal’s limbs, and turning around freely.
427:62 Exceptions. This subdivision shall not apply:
I. To an animal while it is the subject of medical research.
II. During examination, testing, or individual treatment of or operation on an animal for veterinary purposes.
III. To an animal being transported.
IV. To an animal at a rodeo, 4-H event, state or county fair, or similar exhibition.
V. During the temporary confinement for animal husbandry purposes for no more than 12 hours in any 24-hour period.
VI. To the slaughter of an animal under RSA 427:34 and any rules promulgated by the department of agriculture, markets, and food relative to the slaughter of animals.
VII. To a sow during the 7-day period prior to the sow’s expected date of giving birth and until the sow’s litter is weaned.
427:63 Penalty. Whoever shall violate any part of this subdivision shall be guilty of a class A misdemeanor and may be subject to a fine of no more than $1,000.
2 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2964
Revised 01/09/12
SB 312 FISCAL NOTE
AN ACT prohibiting the cruel confinement of certain farm animals.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2013 each year thereafter. There will be no fiscal impact on local expenditures, or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill prohibits the cruel confinement of certain farm animals and makes it a class A misdemeanor with a cap of $1,000 fine for any person who violates this law. The Branch has no information to estimate how many charges would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures but does have information on the cost for processing a class A misdemeanor. All costs are estimated based on case weight information from the last needs assessment completed in 2005. The Branch states a class A misdemeanor will cost $59.11 per case in FY 2013 and $61.31 per case in FY 2014 and each year. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Judicial Council states this bill may result in an indeterminable increase in state general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is capped at $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Department of Agriculture, Markets and Foods states this bill will result in an increase of complaints that will need to be investigated. The Department estimates it will require approximately 22.5 hours of a veterinary technician’s time to address the increased complaints, resulting in this position having to supplant current work responsibilities with this new work responsibility.
The Department of Justice states this bill will have no fiscal impact on the Department. The Department states the criminal offense created by this bill would typically be prosecuted by a county attorney’s office.