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Richard Simkanin

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Letter: Please Stop Unnecessary NH Animal Legislation

Appreciate your publication, and the work you are doing.

I am not sure if you are aware of a bill that has passed the house, and may have passed the Senate by now.

One of the things that makes this so dangerous, is that at first glance it seems harmless, especially to those who care about animals - like me! I've never seen this issue addressed in your publication or on your website, but it is a serious infringement of some very basic
rights of citizens under the Constitution. Animals, like children, provide those who would control us with a handy excuse to obliterate those rights.

It is good to remember that 'one person's paradise is another's purgatory'; extended to animals, there are many deep differences of opinion between professionals (vets, breeders, 'animal behaviorists' - formerly known as trainers, etc.) on what an 'ideal' situation is for
any given animal.

That said. adequate laws (often abused by officials) already exist in NH to handle true cases of abuse or neglect; see what Carlene, the wife of a NH police officer, has written below:

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HB1143
Dear NH State Senator,

I am writing to ask you to vote HB1143 inexpedient to legislate.

This bill is a very bad bill. It is remarkably similar to one proposed in Maine recently. These types of bills are all written by the same people! You could check it out yourself. I'll bet if you go on the internet and look at the model laws recommended by various animal right groups such as the "Animal Protection Insitute" there will be a sample one there almost word-for-word. This bill is even worse than the Maine bill because it allows officials to take a dog if they even SUSPECT that it may be abused. It also means that basically people won't be able to leave dogs unsupervised in cars, so they can't bring them along shopping for companionship or socialization or take them on vacations. This is one of a new class of laws intended
to inconvenience/control dog owners by gradually limiting the places you can take them and the kinds of cages and shelters you can use. I am adamently opposed to all of this bill!

Quite frankly I am "shocked"!! A friend in another state writes... "If this law passes, I will no longer be able to visit New Hampshire. Since I live only an hour away, I would ordinarily visit N.H. often to see friends, go to dog and goat shows, and to vacation, but if this bill passes, I would fear for the security of my pets while visiting N.H. It allows someone who isn't necessarily qualified to assess the health of my animals, to declare 'conditions that endanger the health or well-being of the animal', and break into my car or other personal property and take my personal property (my pet) and then leave the vehicle unsecured for anyone to further strip afterwards. And then it even gives the perpetrator total immunity from that action. I'm sure insurance companies will also object to this law."

Moreover, this law could be abused by unscrupulous people to steal pets. Anyone could pretend to be an animal control or humane officer and no one who saw it happening
would question it.

Finally, my husband is a Police Chief. I am his right
hand assistant when it comes to animals. Two years ago, a steer was being abused in our town. All of the rules were in place and the officials (State Vet, Humane Society, and my husband) were able to take care of the situation.

Again, I urge you to vote this bill inexpedient to legislate and stop the control of animal owners by the animal rights activists.

Sincerely,

Carlene Wheeler
PO Box 108
Sullivan, N.H. 03445
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Here is the bill as it stands.

HB 1143, AS AMENDED BY THE HOUSE

05Mar2008, 0650h
AMENDED ANALYSIS

This bill provides penalties for failure to provide outdoor dogs with necessary shelter.

This bill also gives law enforcement officers the authority to take into custody an animal suspected of being abused or neglected.

- - - - - - - - - - - - - - - - - - - - - - - - -

1 Cruelty to Animals; Shelter for Dogs. Amend RSA 644:8, II-a to read as follows:

II-a. In this section, "shelter" or "necessary shelter" for dogs shall mean any natural or artificial area which provides protection from the direct sunlight and adequate air circulation when that sunlight is likely to cause
heat exhaustion of a dog tied or caged outside or confined in a vehicle or other shelter. Shelter from the weather shall allow the dog to remain clean and dry. Shelter shall be structurally sound and have an area within to afford the dog the ability to stand up, turn around and lie down, and be of proportionate size
as to allow the natural body heat of the dog to be retained.

2 Cruelty to Animals; Law Enforcement Officers. Amend RSA 644:8, IV-a(a) to read as follows:

(a) Except as provided in subparagraph (b) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society shall take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs
III or III-a or when there is a clear and imminent danger to the animal's health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week's extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of the officer's department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or the officer's department determines that charges should be filed under this section, the officer shall petition the court.

3 Effective Date. This act shall take effect January 1, 2009.


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