Bill Text: NH HB1568 | 2014 | Regular Session | Introduced
Bill Title: Relative to service animals.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-05-28 - Signed by the Governor on 5/27/2014; Chapter 0066; Effective 1/01/2015 [HB1568 Detail]
Download: New_Hampshire-2014-HB1568-Introduced.html
HB 1568-FN – AS INTRODUCED
2014 SESSION
08/03
HOUSE BILL 1568-FN
AN ACT relative to service animals.
SPONSORS: Rep. Schlachman, Rock 18; Rep. Wright, Carr 8; Sen. Carson, Dist 14
COMMITTEE: Commerce and Consumer Affairs
This bill makes it a crime to impersonate a person with a disability in order to receive a service animal or service animal accessories.
This bill also changes the evaluation test used to license service 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2064
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to service animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibited Acts; Service Animals. Amend RSA 167-D:8, II-III to read as follows:
II. It is unlawful for any person to fit an animal with a collar, leash, or harness of the type which represents that the animal is a service animal, or service animal tag issued under RSA 466:8 if in fact said animal is not and to thus use the animal to misrepresent the physical or psychological status of said person.
III. It is unlawful for any person to willfully interfere or attempt to interfere with a service animal. A person who owns an animal shall restrain and control such animal on a leash when in proximity to a service animal.
IV. It is unlawful for any person to represent that such person has a disability for the purpose of acquiring a service animal unless said person has a disability and to impersonate, by word or action, a person with a disability for the purpose of receiving service dog accommodations or service animal accessories such as a collar, leash, or harness which represents that the animal is a service animal or a service animal tag issued under RSA 466:8.
2 Service Animal Trainers. Amend RSA 466:8, II to read as follows:
II. No fee shall be required for the registration and licensing of a service animal dog as defined in RSA 167-D:1, IV. When registering and applying for a license for a dog that is a service animal, the owner or trainer shall present an identification card issued by a recognized dog training agency. If a dog has been trained by its owner and does not have an identification card issued by a recognized dog training agency or school, in order to register and license a dog that is a service animal, the dog shall pass the [Assistance Dogs International Public Access Test] International Association of Assistance Dog Partners Access Evaluation Test administered by a service animal trainer, as defined in RSA 167-D:1, V, and the owner shall present a letter from a health care professional stating that the individual requires the use of a service animal to perform tasks directly related to his or her disability.
3 Effective Date. This act shall take effect January 1, 2015.
LBAO
14-2064
12/13/13
HB 1568-FN - FISCAL NOTE
AN ACT relative to service animals.
FISCAL IMPACT:
The Judicial Branch and New Hampshire Association of Counties state this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2015 and in each year thereafter. There will be no fiscal impact on state, county or local revenue, or on local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 167-D:8, II and III to make it a crime to impersonate a person with a disability in order to receive a service animal or service animal accessories. The Branch has no information on which to estimate how many additional misdemeanor prosecutions may result from the proposed bill. The Branch does have information on the average cost to process such cases in the trial court. Misdemeanors can be either class A or class B with the presumption being class B in accordance with RSA 625:9. The estimated cost to the Branch of an average class B misdemeanor will be $46.99 in FY 2015 and $48.02 in FY 2016. These amounts do not consider the cost of any appeals following trial in the district court to the superior court for a jury trial or to the Supreme Court on issues of law. The Branch indicates the cost figures for misdemeanors are based on studies of judicial and clerical weighted caseload times for processing an average misdemeanor. The studies are more than eight years old and may not have current validity due to changes that have occurred with respect to processing these cases.
The Association of Counties states the bill expands conduct subject to a misdemeanor B penalty. The Association states, since there is no incarceration resulting from a misdemeanor B, there would be no increase in county expenditures for corrections. The Association indicates there may be additional county attorney prosecution costs which cannot be determined.
