HB1365: (New Title) relative to hearing ear dogs, guide dogs, and service dogs.

HB 1365-FN - AS AMENDED BY THE HOUSE

29Jan2004... 0149h

2003 SESSION

03-2069

01/09

HOUSE BILL 1365-FN

AN ACT relative to hearing ear dogs, guide dogs, and service dogs.

SPONSORS: Rep. Fish, Ches 25; Rep. Leach, Hills 42; Rep. Dumaine, Rock 75; Rep. Leber, Merr 35; Rep. Solomon, Graf 17

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill requires a person interfering with a hearing ear dog, guide dog, or service dog to make full restitution for all damages. The bill also requests the governor to proclaim a day to recognize the value of services animals and to promote public awareness of the value of such 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Jan2004... 0149h

03-2069

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to hearing ear dogs, guide dogs, and service dogs.

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

1 Hearing Ear Dogs, Guide Dogs, and Service Dogs; Penalty. Amend RSA 167-D:9 to read as follows:

167-D:9 Penalty; Restitution Required.

I. Any person violating any provision of this chapter shall be guilty of a misdemeanor.

II.(a)(1) In any case in which the defendant is convicted under this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the animal user and the animal which arise out of or are related to the criminal offense. Restitution for a conviction under this section shall include, but is not limited to:

(A) The value of the replacement of an incapacitated or deceased hearing ear dog, guide dog, or service dog, the training of such animal, or retraining of the affected animal and all related veterinary and care expenses; and

(B) Medical expenses of the animal user, training of the animal user, and compensation for wages or earned income lost by the animal user.

(2) Any moneys received for restitution under this subparagraph relative to the value of the replacement of an incapacitated or deceased hearing ear dog, guide dog, or service dog, the training of such animal, or retraining of the animal shall be given to the organization which donated the dog, if such organization is known.

(b) Nothing in this paragraph shall affect any civil remedies available for violation of this chapter.

(c) For purposes of this paragraph, "value" means the value to the hearing ear, guide, or service animal user and does not refer to cost or fair market value.

2 Hearing Ear Dogs, Guide Dogs, and Service Dogs; Public Awareness Day. The general court hereby requests that the governor proclaim a day to recognize the value of hearing ear dogs, guide dogs, and service dogs and to promote public awareness of the value of such dogs. The governor shall urge local communities to observe such day to recognize the value of such service animals and to promote public awareness of the value of service animals.

3 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-2069

Amended 2/2/04

HB 1365 FISCAL NOTE

AN ACT relative to hearing ear dogs, guide dogs, and service dogs.

FISCAL IMPACT:

The Office of Legislative Budget Assistant has determined this bill, as amended by the House, (Amendment #2004-0149h), will have no fiscal impact on state, county and local revenue or expenditures.

METHODOLOGY:

This bill requires that a defendant convicted under these provisions shall also be ordered to make full restitution. In addition, this bill also requests that the Governor proclaim a day to recognize the value of hearing ear dogs, guide dogs, and service dogs.