SB 368-FN - AS AMENDED BY THE SENATE

 

03/24/2022   1108s

2022 SESSION

22-2887

08/11

 

SENATE BILL 368-FN

 

AN ACT relative to the unlicensed sale of live animals and establishing the agricultural hearings officer revolving fund.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Hennessey, Dist 1; Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. D'Allesandro, Dist 20; Sen. Avard, Dist 12; Sen. Gannon, Dist 23; Sen. Cavanaugh, Dist 16; Sen. Prentiss, Dist 5; Rep. Bixby, Straf. 17

 

COMMITTEE: Energy and Natural Resources

 

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AMENDED ANALYSIS

 

This bill increases the fine for subsequent offenses of unlicensed sale of live animals.

 

This bill also establishes the revolving fund for agricultural hearing officers.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/24/2022   1108s 22-2887

08/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the unlicensed sale of live animals and establishing the agricultural hearings officer revolving fund.

 

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

 

1  Penalty; Unlicensed Sale of Live Animals.  Amend RSA 437:10, II to read as follows:

II.  In addition to the penalty under paragraph I, any pet vendor who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for [each] the first violation, and up to $5,000 for each subsequent violation.

2  New Section; Revolving Fund for Agricultural Hearings Officers.  Amend RSA 425 by inserting after section 11 the following new section:

425:11-a  Revolving Fund for Agricultural Hearings Officers.

I.  There is established within the department of agriculture, markets, and food a revolving fund for agricultural hearings officers.  All fines collected by the department shall be deposited into the fund.  The fund shall be nonlapsing and continually appropriated to the department to fund the department’s adjudicative procedures, including, but not limited to, the costs associated with contracting with one or more hearing officers who shall be responsible for administering all aspects of the department's adjudicative procedure as directed by the commissioner.  The department of agriculture, markets, and food shall every quarter forward any unpaid fines assessed in an adjudicative proceeding to the attorney general for collection in accordance with RSA 7:15-a.

II.  At the end of each quarter of the fiscal year any balance in the fund in excess of $10,000 shall be deposited in the general fund.

3  New Subparagraph; Revolving Fund for Agricultural Hearings Officers.  Amend RSA 6:12: II(b) by inserting after subparagraph (383) the following new subparagraph:

(384)  Moneys deposited in the revolving fund for agricultural hearings officers under RSA 425:11-a.

4  Effective Date.  This act shall take effect July 1, 2022.

 

LBA

22-2887

Amended 4/5/22

 

SB 368-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2022-1108s)

 

AN ACT relative to the unlicensed sale of live animals and establishing the agricultural hearings officer revolving fund.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$7,500

$7,500

$7,500

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Revolving fund for agricultural hearings officers

 

 

 

 

 

METHODOLOGY:

This bill increases the fine for subsequent offenses of unlicensed sale of live animals and establishes the revolving fund for agricultural hearing officers.

 

The Department of Agriculture, Markets, and Food makes the following assumptions regarding the fiscal impact of this bill:

 

AGENCIES CONTACTED:

Department of Agriculture, Markets, and Food