HB 532-FN - AS AMENDED BY THE HOUSE

24Feb2021... 0211h

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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AMENDED ANALYSIS

This bill:

I.  Creates a database for animal records.

II.  Renames animal health certificates as certificates of transfer.

III.  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.

IV.  Establishes a position in the department of information technology for the building and management of the animal records database.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Feb2021... 0211h 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.  

II.  The department shall maintain a reporting system capable of receiving electronically transmitted records from veterinarians.  The commissioner shall adopt rules under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information he or she deems necessary to manage such database including procedures for providing authorized access.  The commissioner shall also ensure that the database is secure from unauthorized access or use.

III.  The commissioner may issue a waiver to a veterinarian who is unable to submit information by electronic means.  Such waiver may permit the veterinarian to submit information by paper form or other means, provided all information required by RSA 437:8 is submitted in this alternative format and within the established time limit.

IV.  The commissioner may grant a reasonable extension to a veterinarian who is unable, for good cause, to submit all the information required by RSA 437:8 within the established time limits.  Any veterinarian who in good faith reports to the program as required by RSA 437:8 shall be immune from any civil or criminal liability as the result of such good faith reporting.

V.  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 and appropriations.

VI.  Notwithstanding paragraph V, 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, and the integrated pest management fund established under RSA 430:50, as provided in RSA 430:50, IV.

437:8-b  Confidentiality.

I.  Information contained in the animal records database under RSA 437:8-a, 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.  Information submitted to the animal records database is exempt from public disclosure.  Disclosure to local, state, and federal officials is not public disclosure.  This exemption shall not affect the disclosure of information used in official local, state, or federal animal health investigations or pet vendor license investigations under this chapter.  Database records, information, or lists may be made available pursuant to a court order on a case-by-case basis.  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.

III.  The department shall establish and maintain procedures to ensure the privacy and confidentiality of animal and animal owner information.

IV.  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.

V.  No animal records 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.

VI.  Certificates of transfer shall be removed from the animal records database after 4 years.

VII.  Any person who knowingly accesses, alters, destroys, publishes, or discloses animal records database information except as authorized in this section or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.

VIII.  Nothing in this section shall limit the right of a person damaged by a violation to pursue any other appropriate cause of action.

2  Certificates of Transfer for Dogs and Cats.  RSA 437:8 is repealed and reenacted to read as follows:

437:8  Certificates of Transfer for Dogs, Cats, and Ferrets.

I.  For purposes of this chapter, an official certificate of transfer means 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 by 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 in the certificate.

II.  The electronically submitted certificate of transfer shall be considered the official certificate of transfer.  A copy of the certificate of transfer of 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 a copy of the certificate of transfer for each dog, cat, or ferret offered for transfer 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 certificate of transfer shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee.

III.  For purposes of this chapter, an official certificate of transfer waiver means an electronic record electronically submitted to the animal records database provided in lieu of an official certificate of transfer for a dog, cat, or ferret that has failed the examination for an official certificate of transfer 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 certificate of transfer; 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 certificate of transfer waiver.  The waiver shall be submitted electronically to the animal records database by a New Hampshire licensed veterinarian.

IV.  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.

V.  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.

VI.  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.

VII.  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 vaccines 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 a copy of the official certificate of transfer or official certificate of transfer 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 certificate of transfer or official certificate of transfer waiver.  The official certificate of transfer or official certificate of transfer waiver shall reside in the animal records database.  Copies shall be provided to the veterinarian, transferor, and the transferee, who shall retain copies for their records.  The transferor shall retain a copy for his or her records.  If an official certificate of transfer or official certificate of transfer waiver is produced, it shall be prima facie evidence of transfer.  

3  New Subparagraph; Animal Records Database Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (364) the following new subparagraph:

(365)  Moneys deposited in the animal records database fund established in RSA 437:8-a, V.

4  New Paragraph; Agricultural Product and Scale Testing Fund; Transfer Authority.  Amend RSA 435:20 by inserting after paragraph IV the following new paragraph:

V.  The commissioner shall transfer funds from the agricultural product and scale testing fund established under RSA 435:20, IV to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database.  The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational.  For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the agricultural product and scale testing fund to the animal records database fund for this purpose.

5  New Paragraph; Integrated Pest Management Fund; Transfer Authority.  Amend RSA 430:50 by inserting after paragraph III the following new paragraph:

IV.  The commissioner shall transfer funds from the integrated pest management fund established in this section to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database.  The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational.  For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the integrated pest management fund to the animal records database fund for this purpose.  

6  Repeals.  The following are repealed:

I.  RSA 430:50, IV, relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds from the integrated pest management fund.

II.  RSA 435:20, V, relative to the authority of the commissioner of the department of agriculture, markets, and food to transfer funds from the agricultural product and scale testing fund.

7  Applicability; Effective Dates.  

I.  Section 2 of this act shall take effect 90 days after the commissioner of the department of agriculture, markets, and food certifies to the secretary of state and the director of the office of legislative services that the animal records database established in RSA 437:8-a is operational.

II.  Section 6 of this act shall take effect 2 years from the date on which the commissioner of the department of agriculture, markets, and food certifies to the secretary of state and the director of the office of legislative services, that the animal records database established in RSA 437:8-a is operational.

8  Appropriation.  The sum of $250,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the department of agriculture, markets, and food for the maintenance of the animal records database.  These appropriations are in addition to any other funds appropriated to the department of agriculture, markets, and food.  The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

9  Position Established.  The classified position of IT Manager III is established in the department of information technology to develop and administer the animal records database established in RSA 437:8-a.

10  Effective Date.  

I.  Section 2 of this act shall take effect as provided in paragraph I of section 7 of this act.

II.  Section 6 of this act shall take effect as provided in paragraph II of section 7 of this act.

III.  The remainder of this act shall take effect upon its passage.

LBA

21-0386

Amended 3/29/21

HB 532-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2021-0211h)

AN ACT creating an animal records database.

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

METHODOLOGY:

This bill creates a database for animal health records and authorizes the commissioner of the Department of Agriculture, Markets, and Food to transfer money from certain funds in order to establish the database. The authority of the Commissioner to transfer from these funds for this purpose shall continue for 2 years after the animal records database becomes operational.  This bill does not require the commissioner to  reimburse these other funds.  

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

• Based on data available from the American Veterinary Medical Association regarding pet ownership, the Department estimates over 45,000 health certificates will be issued annually.
• A maximum of 2.5 existing full-time staff would be committed to this work.  Any work beyond those resources would not get done without additional resources.
• The Department assumes the intent is for electronic submission of all files directly into the database since there are no new positions included for data entry or record maintenance and there is no requirement for the Department to retain hard copy records.  
• Dog licensing and animal control will remain local responsibilities and the submission of information to the health records database will improve the efficiency of the process by allowing town clerks to access the records for animals within their zip code.
• Based on discussions with possible vendors, the database would cost between $675,000 and $1,000,000 for the initial purchase and $300,000 for annual maintenance. The Department assumes, once the bill becomes effective, a minimum of 24 months would be required for implementation.

The Department of Information Technology provided the annual cost information for the IT Manager position established in section 9 of the bill.  The annual costs for an IT Manager III position, including salary, benefits, necessary IT equipment and licenses will be $115,000 in FY 2022, $118,000 in FY 2023 and $119,000 in FY 2024.  The Department indicates existing space is available for this position and there would be no additional cost for office space.

The bill also provides that any person who knowingly accesses, alters, destroys, or discloses program information (except as authorized in the bill), or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.  There is no information available on how many additional felony cases may be brought as a result of this bill, but the Judicial Branch has provide cost estimates for felony cases.  The estimated average cost to the Judicial Branch of a simple criminal case is $309 for fiscal years 2021 and 2022.  The estimated average cost for a routine criminal felony case is $494.  These amounts do not include the cost of possible appeals.  It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing time for the these cases.

It is assumed any fiscal impact would occur after July1, 2021.

AGENCIES CONTACTED:

Department of Agriculture, Markets and Food and Judicial Branch