{"id": "SB302", "year": 2025, "term": "2025-2026", "title": "(New Title) requiring background checks for solid waste and hazardous waste facility owners, establishing a solid waste site evaluation committee and temporarily suspends the issuance of solid waste permits by the department of environmental services, relative to the confiscation of animals from persons suspected of or charged with abuse of animals, and establishing a committee to study the animal cruelty statutes.", "narrative": "It was introduced on February 13, 2025 and referred to the Senate Executive Departments and Administration committee. The committee held a public hearing on March 5, 2025. The committee voted unanimously, 4\u20130, to recommend that the Senate pass it, and the report was placed on the consent calendar. On March 13, 2025 the Senate voted to pass it on a voice vote and ordered it to a third reading. It crossed to the House on March 27, 2025 and was referred to the House Environment and Agriculture committee. The committee held a public hearing on April 15, 2025, with 5 people signed in online: 1 in support and 4 in opposition. The committee held a work session on April 15, 2025. The committee met in executive session on April 22, 2025 and May 8, 2025. The committee held a public hearing on May 13, 2025 on a proposed non-germane amendment (2025-2012h), with 34 people signed in online: 33 in support and 1 in opposition. The committee met in executive session on May 20, 2025 to vote on its recommendation. The committee voted unanimously, 12\u20130, to recommend that the House pass it with changes (amendment 2025-2219h), and the report was placed on the consent calendar. The committee's amendment (2025-2219h) was adopted on a voice vote on June 5, 2025, changing the text of the bill. On June 5, 2025 the House voted to pass it with changes on a voice vote. On June 5, 2025 the Senate voted to reject the other chamber's changes on a voice vote, on a motion by Sen. Howard Pearl. On June 5, 2025 the House adopted \u201cHouse Accedes to Senate Request for CofC\u201d on a voice vote, on a motion by Rep. Jim Kofalt.", "stages": [{"label": "Senate Committee (Executive Departments and Administration)", "hand": "S:committee", "text": "It was introduced on February 13, 2025 and referred to the Senate Executive Departments and Administration committee. The committee held a public hearing on March 5, 2025. The committee voted unanimously, 4\u20130, to recommend that the Senate pass it, and the report was placed on the consent calendar.", "notes": ["A committee decides whether its report goes on the consent calendar, and can send it there even when its members divided on the recommendation itself. The chamber adopts all the reports on its consent calendar in one vote, without floor debate, unless a bill is taken off it first."]}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On March 13, 2025 the Senate voted to pass it on a voice vote and ordered it to a third reading.", "notes": []}, {"label": "House Committee (Environment and Agriculture)", "hand": "H:committee", "text": "It crossed to the House on March 27, 2025 and was referred to the House Environment and Agriculture committee. The committee held a public hearing on April 15, 2025, with 5 people signed in online: 1 in support and 4 in opposition. The committee held a work session on April 15, 2025. The committee met in executive session on April 22, 2025 and May 8, 2025. The committee held a public hearing on May 13, 2025 on a proposed non-germane amendment (2025-2012h), with 34 people signed in online: 33 in support and 1 in opposition. The committee met in executive session on May 20, 2025 to vote on its recommendation. The committee voted unanimously, 12\u20130, to recommend that the House pass it with changes (amendment 2025-2219h), and the report was placed on the consent calendar.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "The committee's amendment (2025-2219h) was adopted on a voice vote on June 5, 2025, changing the text of the bill. On June 5, 2025 the House voted to pass it with changes on a voice vote.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On June 5, 2025 the Senate voted to reject the other chamber's changes on a voice vote, on a motion by Sen. Howard Pearl.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On June 5, 2025 the House adopted \u201cHouse Accedes to Senate Request for CofC\u201d on a voice vote, on a motion by Rep. Jim Kofalt.", "notes": []}, {"label": "How It Ended", "text": "The committee of conference -- members of both chambers named to settle the differences between the House and Senate versions -- could not agree on one, and no report was signed. With no version that both chambers had accepted, the bill went no further, and it died."}], "story_people": [{"text": "Sen. Howard Pearl", "label": "Sen. Howard Pearl (R - SD17)", "slug": "howard-pearl-sd-17"}, {"text": "Rep. Jim Kofalt", "label": "Rep. Jim Kofalt (R - Hills 32)", "slug": "jim-kofalt-hills-32"}], "notes": [], "vote_note": "", "events": [{"date": "2025-02-13", "text": "Introduced 02/13/2025 and Referred to Executive Departments and Administration", "routine": false, "cite": "SJ 6", "plain": "Introduced and referred to Executive Departments and Administration"}, {"date": "2025-03-05", "text": "Hearing: 03/05/2025, Room 103, SH, 09:15 am", "routine": false, "cite": "SC 11", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2025%5CNo%2011%20February%2027%202025.pdf", "plain": "Public hearing, 9:15 a.m., Room 103, State House"}, {"date": "2025-03-13", "text": "Committee Report: Ought to Pass, 03/13/2025; Vote 4-0; CC", "routine": false, "cite": "SC 12", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2025%5CNo%2012%20March%206%202025.pdf", "plain": "Committee report: pass the bill, 4\u20130, for the consent calendar"}, {"date": "2025-03-13", "text": "Ought to Pass: MA, VV; OT3rdg; 03/13/2025", "routine": false, "cite": "SJ 7", "plain": "Bill passed, on a voice vote"}, {"date": "2025-03-27", "text": "Introduced (in recess of) 03/27/2025 and referred to Environment and Agriculture", "routine": false, "cite": "HJ 11, page 113", "plain": "Introduced and referred to Environment and Agriculture"}, {"date": "2025-04-15", "text": "Public Hearing: 04/15/2025 09:30 am LOB 301-303", "routine": false, "testimony": {"date": "2025-04-15", "total": 5, "support": 1, "oppose": 4, "neutral": 0, "dated": true}}, {"date": "2025-04-15", "text": "Full Committee Work Session: 04/15/2025 11:15 am LOB 301-303", "routine": false}, {"date": "2025-04-22", "text": "Executive Session: 04/22/2025 10:00 am LOB 301-303", "routine": false}, {"date": "2025-05-08", "text": "Executive Session: 05/08/2025 01:15 pm LOB 302", "routine": false}, {"date": "2025-05-13", "text": "Public Hearing on non-germane Amendment # 2025-2012h: 05/13/2025 10:00 am LOB 301-303", "routine": false, "testimony": {"date": "2025-05-13", "total": 34, "support": 33, "oppose": 1, "neutral": 0, "dated": true}}, {"date": "2025-05-20", "text": "Executive Session: 05/20/2025 10:30 am LOB 301-303", "routine": false}, {"date": "2025-05-20", "text": "Committee Report: Ought to Pass with Amendment # 2025-2219h (NT) 05/20/2025 (Vote 12-0; CC)", "routine": false, "cite": "HC 27, page 11", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2025%5CNo27%20May%2030%202025.pdf", "plain": "Committee report: pass the bill with changes (amendment 2025-2219h), 12\u20130, for the consent calendar"}, {"date": "2025-06-05", "text": "Amendment # 2025-2219h (NT): AA VV 06/05/2025", "routine": false, "cite": "HJ 16, page 15", "plain": "Amendment 2025-2219h adopted, on a voice vote"}, {"date": "2025-06-05", "text": "Ought to Pass with Amendment 2025-2219h: MA VV 06/05/2025", "routine": false, "cite": "HJ 16, page 25", "plain": "Bill passed with changes, on a voice vote"}, {"date": "2025-06-05", "text": "Sen. Pearl Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; (In Recess 06/05/2025)", "routine": false, "cite": "SJ 16", "plain": "Sen. Pearl moved to reject the other chamber's changes"}, {"date": "2025-06-05", "text": "House Accedes to Senate Request for CofC (Rep. Kofalt): MA VV 06/05/2025", "routine": true, "cite": "HJ 16, page 171", "plain": "Conference agreed, on a voice vote"}, {"date": "2025-06-11", "text": "President Appoints: Senators Pearl, Avard, Watters; (In Recess 06/05/2025)", "routine": false, "cite": "SJ 16", "plain": "The Senate President named the Senate conferees: Senators Pearl, Avard, Watters"}, {"date": "2025-06-11", "text": "Speaker Appoints: Reps. J. Aron, Potenza, Comtois, Bixby 06/05/2025", "routine": false, "cite": "HJ 16, page 171", "plain": "The Speaker named the House conferees: Reps. J. Aron, Potenza, Comtois, Bixby"}, {"date": "2025-06-12", "text": "Committee of Conference Meeting: 06/17/2025, 09:00 am, Room 103, SH", "routine": false}, {"date": "2025-06-12", "text": "Conferee Change; Senator Birdsell Replaces Senator Avard", "routine": false, "cite": "SJ 17", "plain": "Conferee changed: Senator Birdsell replaces Senator Avard"}, {"date": "2025-06-19", "text": "Conference Committee Report; Not Signed Off", "routine": false, "cite": "SJ 16", "plain": "The committee of conference filed no agreed report"}, {"date": "2025-06-20", "text": "Conference Committee Report: Not Filed", "routine": false, "cite": "HJ 17", "plain": "The committee of conference filed no agreed report"}], "next_step": "House: DIED, SESSION ENDED \u00b7 Senate: NONCONCURRED REQUEST CONFERENCE", "status_source": "General Court docket", "chapter": "", "journey": {"steps": [{"date": "2025-03-13", "body": "S", "act": "passed", "mark": "p", "text": "Passed on a voice vote"}, {"date": "2025-06-05", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "2025-06-05", "body": "S", "act": "nonconcurred", "mark": "h", "text": "Refused the House's amendment and asked for a committee of conference on a voice vote"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "2025-02-13", "say": "Introduced"}, {"stop": "Senate", "mark": "p", "date": "2025-03-13", "say": "Passed on a voice vote"}, {"stop": "House", "mark": "p", "date": "2025-06-05", "say": "Passed with an amendment on a voice vote"}, {"stop": "Governor", "mark": "-", "date": "", "say": "Never reached"}, {"stop": "Law", "mark": "x", "date": "", "say": "Did not become law"}]}, "text_url": "https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1185&txtFormat=html&sy=2025", "facts": {"lsr": "1167", "body": "S", "local": "N", "gen_status": "SENATE", "house_status": "DIED, SESSION ENDED", "senate_status": "NONCONCURRED REQUEST CONFERENCE", "date_introduced": "2/13/2025", "floor_date": "3/13/2025", "committee_code": "H06"}, "sponsors": [{"member_id": "408383", "name": "Howard Pearl", "party": "R", "chamber": "S", "label": "Howard Pearl (R)", "sequence": 0, "prime": true, "url": "http://www.gencourt.state.nh.us/senate/members/webpages/district17.aspx", "source": "bill status page", "prime_inferred": true, "county": "Merr", "district": "26", "display_plain": "Sen. Howard Pearl", "display": "Sen. Howard Pearl (R)", "display_full": "Sen. Howard Pearl (R - SD17)", "district_label": "SD17", "sort": "pearl, howard", "slug": "howard-pearl-sd-17"}], "rollcalls": [{"date": "2025-03-13", "body": "S", "question": "Ought to Pass", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otp", "mf": {}}, {"date": "2025-06-05", "body": "H", "question": "Ought to Pass with Amendment 2025-2219h", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}, {"date": "2025-06-05", "body": "S", "question": "Nonconcur with the House Amendment; Requests C of C", "mover": "Sen. Howard Pearl", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "nonconcur_conference", "mf": {}, "mrec": "Nonconcur with the House Amendment; Requests C of C", "mover_m": {"label": "Sen. Howard Pearl (R - SD17)", "slug": "howard-pearl-sd-17"}}, {"date": "2025-06-05", "body": "H", "question": "House Accedes to Senate Request for CofC", "mover": "Rep. Jim Kofalt", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "accede", "mf": {}, "mrec": "House Accedes to Senate Request for CofC", "mover_m": {"label": "Rep. Jim Kofalt (R - Hills 32)", "slug": "jim-kofalt-hills-32"}}], "stations": [{"when": "2025-03-05", "time": "09:15", "what": "hearing", "committee": "Executive Departments and Administration", "body": "S", "venue": "SH 103", "video_id": "xAfGuKT9xEk", "watch": null, "predicted": 979.0, "start": 2464.3, "state": "stated", "tolerance": 5, "short": false, "end": 2898.6, "end_stated": true, "end_from": "the chair closed it", "candidate": null, "start_stated": true, "said_how": "number", "end_stated_cluster": false, "reports": [{"committee": "Senate Executive Departments and Administration Committee", "heard": "2025-03-05", "opened": "9:39 a.m.", "closed": "9:46 a.m.", "present": "Senators Pearl, McGough, Gannon, Altschiller and Reardon", "absent": "None", "positions": [["Who supports the bill", "Sen. Howard Pearl (SD 17) and Mike Wimsatt (NHDES)."], ["Who opposes the bill", "Curtis Howland and James Gardner."], ["Who is neutral on the bill", "Christine Shea (NHSP)."]], "completed": "2025-03-07", "sections": [{"label": "Summary of testimony presented", "side": "all", "speakers": [{"who": "Senator Howard Pearl, Senate District 17", "points": ["Sen. Pearl introduced Senate Bill 302.", "Sen. Pearl said that this is his third time introducing the bill and expressed his desire to get this bill completed so that there can be appropriate background checks of solid waste facility owners.", "Sen. Pearl explained that there were two earlier versions of the bill, but that problems were experienced with implementation."], "member": {"label": "Senator Howard Pearl", "party_code": "R", "slug": "howard-pearl-sd-17"}}, {"who": "Mike Wimsatt, Director of the Waste Management Division for New Hampshire Environmental Services", "points": ["Dir. Wimsatt testified in support of SB 302.", "Dir. Wimsatt said that prior to the 2023 legislative session, it came to attention during a consultation with the Department of Justice that there were some problems with the language.", "Dir. Wimsatt explained that these criminal record checks for solid waste facility owners, which have been in statute for many years, have been used for many years without incident.", "Dir. Wimsatt said that these background checks pass through a national criminal records database. He said that over time the Federal Bureau of Investigation (FBI) has become very specific about the underlying statutory language that gives states the authority to conduct these background checks.", "Dir. Wimsatt explained that the bill did not pass last year because the underlying language was not satisfactory to the FBI.", "Dir. Wimsatt said that attorney Josh Harrison from the Department of Justice has worked closely with all parties involved in the drafting of the bill to ensure that the language is correct.", "Dir. Wimsatt said that a key change that helped to address the concerns of the federal authorities is that it needs to be made very clear who is subject to criminal records checks. He said the new language clarifies this.", "Dir. Wimsatt further explained that the language clarifies which specific officials at the Department of Justice were authorized to receive the criminal records.", "Dir. Wimsatt said that they went through the Department of Justice to conduct the background checks, but that this was not entirely helpful, and it created further confusion.", "Dir. Wimsatt elaborated that what the new process will do is take the Department of Justice out of the process, so when an applicant comes to the Department of Environmental Services (DES) for a permit application, they will identify, based on the language in the law, which of their officers or directors are required to provide an authorization for a criminal records check. They would then fill out the appropriate form that the Division of State Police provides.", "Dir. Wimsatt said that this bill covers two statutes RSA 147:A and RSA 149:M, for hazardous waste and solid waste respectively.", "Dir. Wimsatt said that he hasn\u2019t had a chance to talk to Sen. Pearl yet about a handful of problems with the language that he had identified.", "Dir. Wimsatt said that he would like the opportunity to prepare an appropriate draft amendment for the Committee\u2019s consideration prior to action on the bill.", {"t": "Sen. Pearl stated that, unfortunately, the Committee had to act on the bill this morning because it has a fiscal note. He told Dir. Wimsatt that he could either present the changes as a floor amendment or he could go through the House.", "sub": ["Dir. Wimsatt said that he would be happy to do it in the House so that there is more time to ensure that the language of the bill is correct."]}]}]}]}]}, {"when": "2025-03-13", "time": null, "what": "consent calendar", "committee": "Senate", "venue": null, "video_id": "faCfTDUqJ-0", "watch": "https://www.youtube.com/watch?v=faCfTDUqJ-0&t=0s", "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": ["Ought to Pass"], "tallies": [], "state": "consent", "candidate": null}, {"when": "2025-04-15", "time": "09:30", "what": "public hearing", "committee": "Environment and Agriculture", "body": "H", "venue": "LOB 301-303", "video_id": "siGXaGlEalI", "watch": null, "predicted": 49.0, "start": 337.0, "state": "stated", "tolerance": 5, "short": false, "end": 1383.0, "end_stated": true, "end_from": "the chair closed it", "candidate": null, "start_stated": true, "said_how": "number", "end_stated_cluster": false, "testimony": {"date": "2025-04-15", "total": 5, "support": 1, "oppose": 4, "neutral": 0, "dated": true}}, {"when": "2025-04-15", "time": "11:15", "what": "full committee work session", "committee": "Environment and Agriculture", "body": "H", "venue": "LOB 301-303", "video_id": "siGXaGlEalI", "watch": null, "predicted": 6349.0, "start": 248.9, "state": "stated", "tolerance": 5, "short": false, "end": null, "end_stated": false, "end_from": "next boundary", "candidate": null, "start_stated": true, "said_how": "bare number", "end_stated_cluster": false}, {"when": "2025-04-22", "time": "10:00", "what": "executive session", "committee": "Environment and Agriculture", "body": "H", "venue": "LOB 301-303", "video_id": "s2hnzw025pw", "watch": null, "predicted": 219.0, "start": 1025.4, "state": "stated", "tolerance": 5, "short": false, "end": null, "end_stated": false, "end_from": "next boundary", "candidate": null, "start_stated": true, "said_how": "number", "end_stated_cluster": false}, {"when": "2025-05-08", "time": "13:15", "what": "executive session", "committee": "Environment and Agriculture", "body": "H", "venue": "LOB 302", "video_id": "5t8yOsw9l_c", "watch": null, "predicted": 244.0, "start": 1346.48, "state": "located", "tolerance": 180, "short": false, "end": 3146.4, "end_stated": false, "end_from": "clustered", "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2025-05-20", "time": "10:30", "what": "executive session", "committee": "Environment and Agriculture", "body": "H", "venue": "LOB 301-303", "video_id": "CY1QIUmrAys", "watch": null, "predicted": 64.0, "start": 170.5, "state": "stated", "tolerance": 5, "short": false, "end": 1206.84, "end_stated": false, "end_from": "clustered", "candidate": null, "start_stated": true, "said_how": "number", "end_stated_cluster": false}, {"when": "2025-06-05", "time": null, "what": "floor debate", "committee": "House", "venue": null, "video_id": "B747DpYcc9E", "watch": "https://www.youtube.com/watch?v=B747DpYcc9E&t=0s", "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": ["Ought to Pass with Amendment 2025-2219h"], "tallies": [], "state": "floor_dated", "candidate": null}, {"when": "2025-06-17", "time": "09:00", "what": "committee of conference", "committee": null, "venue": "SH 103", "video_id": "c-iNMWQwE0w", "watch": "https://www.youtube.com/watch?v=c-iNMWQwE0w", "predicted": null, "start": 0, "debate_end": null, "window_start": null, "motions": [], "tallies": [], "title": "Committee of Conference on SB 302 (06/17/2025)", "state": "whole_video", "candidate": null}], "reports": [{"bill": "SB302", "body": "S", "title": "", "source": "Senate committee report, released 2025-03-06", "date": "2025-03-13", "dated": "signed", "calendar": "Consent Calendar", "majority_recommendation": "OUGHT TO PASS", "minority_recommendation": "", "reports": [{"side": "Committee", "author": "Senator Howard Pearl", "committee": "Executive Departments and Administration", "vote_yeas": 4, "vote_nays": 0, "amendment": "", "text": "SB 302-FN requires background checks for solid waste facility owners including partners and managers. This bill was drafted in collaboration with the Department of Environmental Services (DES). The bill fine tuned previous efforts to change the background check process to comply with Federal Bureau of Investigation (FBI) requirements."}], "cite": "SC 12", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2025%5CNo%2012%20March%206%202025.pdf"}, {"bill": "SB302", "title": "requiring background checks for solid waste and hazardous waste facility owners, establishing a solid waste site evaluation committee and temporarily suspends the issuance of solid waste permits by the department of environmental services, relative to the confiscation of animals from persons suspected of or charged with abuse of animals, and establishing a committee to study the animal cruelty statutes", "majority_recommendation": "OUGHT TO PASS WITH AMENDMENT", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Judy Aron", "committee": "Environment and Agriculture", "vote_yeas": 12, "vote_nays": 0, "text": "This bill as amended includes 3 parts and does a number of things. Primarily, the underlying bill codifies the exact language necessary for requests from the Department of Environmental Services (DES) to the FBI for federal background checks for landfill operators. This is necessary, as current language in NH statute is incorrect which prevents the DES from obtaining federal background checks. The language we originally received from the Senate was incomplete and had to further be amended in this bill, and this amendment includes those necessary corrections. Secondly, this amendment includes language that is in the HB 2 budget trailer bill, originally placed there by Governor Ayotte, and amended by our committee in collaboration with DES, having to do with the establishment of a landfill Siting Evaluation Committee (SEC). A separate hearing was held for this section of language, as this addition was a non-germane amendment (2025-2012h) to SB 302. It was felt that this language needed to be in a stand alone bill as it was not clear whether it would remain in the budget trailer bill, or not, through the budget adoption process, plus any subsequent changes to this language could more easily be made. This SEC will decide whether a landfill permit will be issued to an applicant, or not, based on many important criteria and applicant reporting requirements, including a harms and benefit analysis of the proposed landfill. There are fees and procedures established, as well as the direction of who would serve on said committee, and all of the rules regarding the operation of the committee. There is also included a three-year pause on landfill siting permits issued by DES for new landfills and a one-year pause for permitting existing landfill site expansions in order to allow time for new rules to be written and adopted. This amendment language also repeals the Waste Management Council. Finally, this bill includes the House Bill language (i.e. the House position) included in HB 616 which makes several changes and clarifications to existing statutes and ensures that due process is followed in animal welfare complaints and animal confiscation, and that both owners and their animals have additional protections regarding animal cruelty reports and confiscations. A veterinarian, either from the State Veterinarian\u2019s office, or a designee, or the owner\u2019s veterinarian, would assist law enforcement in making an assessment of an animal cruelty report, and determine if charges of animal cruelty or neglect should be brought forward. Additionally, no animal that is confiscated may be altered (neutered, spayed, dehorned, declawed, etc.) by whomever is providing care for the confiscated animal(s) unless they have permission from the owner, and no animal may be euthanized unless a treating veterinarian determines that an animal is in extreme suffering. Additionally, no confiscated animal or animals shall be used in any manner to solicit donations or to raise funds by any individual or organization that has protective custody of the animal(s) prior to a conviction for abuse or neglect. Our committee felt strongly that no organization or individual should profit off of confiscation of animal(s) prior to a court conviction of abuse or neglect. This does not prevent any person or organization from fundraising in general. The bill also makes it clear that if lactating animals are confiscated that they must be placed in a facility that can care for/milk them, and that they may not be separated from non-weaned offspring. There is a provision in this bill that helps protect the integrity and confidentiality of complaint investigations as well. The bill also removes language from current statute that has to do with dog and horse racing which no longer occurs in New Hampshire. The bill also makes sure that no funds from the Cost of Care fund are released if due process is not followed when animals are seized. Lastly, the bill sets up a study committee to review all of the animal cruelty statutes (RSA 644:8, RSA 644:8-a through g) are examined with an eye to clarify, reorganize, and update the law. This part of the bill amendment was a collaboration of NH Farm Bureau, the NH Department of Agriculture, UNH Extension, and our committee.", "note": "This is the report as the committee filed it with the Clerk, dated May 20, 2025."}], "source": "House Calendar 27, 2025", "date": "2025-05-20", "dated": "signed", "cite": "HC 27", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2025%5CNo27%20May%2030%202025.pdf"}], "docket_reports": [], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Environment - Administration", "subject_source": "general court", "house_committee": "Environment and Agriculture", "senate_committee": "Executive Departments and Administration", "lsr": "2025-1167", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=1167&sy=2025&txtsessionyear=2025&txtbillnumber=sb302&sortoption=billnumber", "documents": [{"label": "Bill text", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1185&txtFormat=html&sy=2025", "kind": "text"}, {"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=1167&sy=2025&txtsessionyear=2025&txtbillnumber=sb302&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=1167&sy=2025&txtsessionyear=2025&txtbillnumber=sb302&sortoption=billnumber", "kind": "docket"}, {"label": "SC 11", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2025%5CNo%2011%20February%2027%202025.pdf", "kind": "record"}, {"label": "SC 12", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2025%5CNo%2012%20March%206%202025.pdf", "kind": "record"}, {"label": "HC 27, page 11", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2025%5CNo27%20May%2030%202025.pdf", "kind": "record"}], "amendments": [{"num": "2025-2219h", "kind": "Committee Amendment", "where": "committee", "date": "2025-06-05", "body": "H", "adopted": true, "vote_kind": "VV", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}], "billtext": {"version": "AS AMENDED BY THE HOUSE", "title": "AN ACT requiring background checks for solid waste and hazardous waste facility owners, establishing a solid waste site evaluation committee and temporarily suspends the issuance of solid waste permits by the department of environmental services, relative to the confiscation of animals from persons suspected of or charged with abuse of animals, and establishing a committee to study the animal cruelty statutes.", "analysis": "This bill:\nI. Requires background checks for solid waste and hazardous waste facility owners including partners and managers.\nII. Establishes the solid waste facility site evaluation committee, requires major solid waste disposal facilities to be certified by the solid waste facility site evaluation committee, and temporarily suspends the issuance of solid waste permits by the department of environmental services.\nIII. Prohibits the confiscation of animals from persons suspected of abuse of animals unless such person is charged with cruelty to animals or the animals require temporary protective custody.\nIV. Requires the state veterinarian or their designee to accompany an investigating officer when livestock are the subject of a cruelty case in order to set probable cause criteria for the taking of the animal.\nV. Establishes a committee to study certain animal cruelty statutes.", "fiscal": {"lead": "", "tables": [{"caption": "", "raw": ["The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2025 through 2028."]}]}, "body": "5Jun2025... 2219h 25-1167\n08/09\nBe it Enacted by the Senate and House of Representatives in General Court convened:\n1 Background Checks. RSA 147-A:4, II-c and II-d is repealed and reenacted to read as follows:\nII-c.(a) Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3. The application information shall include, but not be limited to, a performance history of the applicant and of its owners, officers, directors, partners, members, or managers relative to the operation, financial security, and ownership of all facilities owned or operated by such persons.\n(b)(1) The applicant and all persons and entities set forth in subparagraph (b)(2) seeking a permit under this chapter shall be subject to a criminal records check consisting of a New Hampshire criminal records check and a fingerprint-based criminal record check utilizing national crime information databases, as set forth in subparagraphs (b)(3) through (b)(6). The department may make rules under RSA 541-A exempting certain types of permit applications from the performance history and criminal records check requirements of this section.\n(2) In this paragraph:\n(A) \u201cOwner\u201d means each owner or part owner of a privately held corporation;\n(B) \u201cOfficer\u201d means those persons described in a corporation\u2019s bylaws or articles of incorporation or elected or appointed by the board of directors to manage the daily operations of a corporation, such as a chief executive officer, chief financial officer, secretary, treasurer, president, and vice president. \"Officer\" includes those persons described within RSA 293-A:8.40.\n(C) \u201cDirector\u201d means a person appointed or elected to sit on a governing board of a corporation. \"Director\" includes trustees, managers, and governors and those persons described within New Hampshire RSA 293-A:8.01-8.11.\n(D) \u201cPartner\u201d means one of 2 or more persons carrying on as co-owners of a business for profit. \"Partner\" includes, but is not limited to, a limited or general partner of a partnership, professional association, or foreign partnership or such partners as set forth in title XXVIII.\n(E) \u201cMember\u201d means a person who has been admitted to a limited liability company as a member in accordance with RSA 304-C or in accordance with the laws of the state or foreign country or jurisdiction under which the limited liability company is organized. \"Member\" includes each member of a limited liability company, foreign limited liability company, or professional limited liability company as set forth in RSA 304-C and RSA 304-D.\n(F) \"Manager\u201d means a person who is named or designated as a manager of a limited liability company in an operating agreement. \"Manager\" includes each manager of a limited liability company, foreign limited liability company, or professional limited liability company as set forth in RSA 304-C and RSA 304-D.\n(3) Except for governmental entities and municipalities, the persons subject to the criminal records checks pursuant to subparagraph (b)(1) above are as follows:\n(A) The applicant;\n(B) If the applicant is an individual(s), each individual;\n(C) If the applicant is a publicly traded corporation, each officer and director;\n(D) If the applicant is a privately held corporation, each owner, officer, and director;\n(E) If the applicant is a general or limited partnership, each partner;\n(F) If the applicant is a limited liability company, foreign limited liability company, or professional limited liability company, each manager and member;\n(G) If the permit sought is for the transfer of a permit to a new person or a change in ownership of the current permit holder at an existing facility, then the transferee applicant and all persons related to the transferee applicant as set forth in subparagraph (b)(3).\n(4) All persons set forth in subparagraph (b)(3) shall submit to the department a New Hampshire department of safety, division of state police, criminal history records release authorization form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release to the department, for the purposes of this section, a report of the criminal history and record information, including confidential criminal history record information, of the applicant and all persons set forth in subparagraph (b)(3). The release form shall name the assistant director of the department of environmental services waste management division and the administrator of the department of environmental services, hazardous waste management bureau as authorized recipients and shall specify any payment required by the division of state police.\n(5) All persons set forth in subparagraph (b)(3) shall submit to the department, along with their criminal record release authorization form required in subparagraph (b)(4), a complete set of fingerprints taken by a qualified law enforcement agency or authorized employee of the department of safety. If the national crime information database is unavailable for any reason, the department may accept New Hampshire criminal records or police clearances from every city, town, or county where the person has lived during the past 5 years.\n(6) The department shall submit the criminal records release authorization forms and fingerprint forms to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the assistant director of the department of environmental services waste management division and the administrator of the department of environmental services, hazardous waste management bureau. The department shall maintain the confidentiality of all criminal history records information received pursuant to this section.\n(7) The department may bill the applicant for any costs or fees associated with the performance history review and the criminal records check, including, but not limited to, any fee charged by the department of safety or the Federal Bureau of Investigation for the criminal records checks set forth in this subsection. The department shall destroy all criminal history record information within 60 days after the department\u2019s decision on the application or upon the conclusion of any appeal of the department\u2019s decision, whichever is later.\nII-d. The department may deny a permit application under this section to a person if any of the following applies:\n(a) The person fails to demonstrate sufficient reliability, expertise, integrity and competence to operate a hazardous waste facility.\n(b) The person or any person set forth in RSA 147-A:4, II-c(b)(3) has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.\n2 Permit Applicants; Criminal Records. Amend RSA 147-A:4, IV-a to read as follows:\nIV-a. No permit issued by the department under this section shall be transferred by the permittee to any person without the prior written approval of the department. Applications for the transfer of permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3, IX. The applicant and all related persons as set forth RSA 147-A:4, II-c(b) shall comply with the performance history review and criminal record provisions of RSA 147-A:4, II-c in all respects. [ The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The criminal background check shall consist of and follow the same procedures set forth in paragraph II-c. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant. ] The department shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit issued under this section. Notice of such public hearing shall be published in a newspaper of local circulation within the region of the public or private hazardous waste facility at least 2 weeks prior to such public hearing. The applicant shall notify abutters of the request for transfer of a permit under this section.\n3 Disclosure of Ownership. Amend RSA 147-A:4-b, II to read as follows:\nII. If the applicant is a corporation, the state of incorporation, the address of its principal place of business, and the names and addresses of its owners, directors, and officers[ , and shareholders ]; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its partners, members , managers, or participants.\n4 Background Checks. RSA 149-M:9, III is repealed and reenacted to read as follows:\nIII.(a) Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its owners, officers, directors, partners, members, or managers relative to the operation, financial security, and ownership of all facilities owned or operated by such persons. The applicant shall also demonstrate that the proposed facility provides a substantial public benefit pursuant to RSA 149-M:11.\n(b)(1) The applicant and all persons and entities set forth in subparagraph (b)(2) seeking a permit, permit modification, or permit transfer under this chapter shall be subject to a criminal records check consisting of a New Hampshire criminal records check and a fingerprint-based criminal record check utilizing national crime information databases, as set forth in subparagraphs (b)(3) through (b)(6). The department may make rules under RSA 541-A exempting certain types of permit applications from the performance history and criminal records check requirements of this section.\n(2) In this paragraph:\n(A) \u201cOwner\u201d means each owner or part owner of a privately held corporation;\n(B) \u201cOfficer\u201d means those persons described in a corporation\u2019s bylaws or articles of incorporation or elected or appointed by the board of directors to manage the daily operations of a corporation, such as a chief executive officer, chief financial officer, secretary, treasurer, president, and vice president. \"Officer\" includes those persons described within RSA 293-A:8.40.\n(C) \u201cDirector\u201d means a person appointed or elected to sit on a governing board of a corporation. \"Director\" includes trustees, managers, and governors and those persons described within New Hampshire RSA 293-A:8.01 through RSA 293-A;8.11.\n(D) \u201cPartner\u201d means one of 2 or more persons carrying on as co-owners of a business for profit. \"Partner\" includes, but is not limited to, a limited or general partner of a partnership, professional association, or foreign partnership or such partners as set forth in title XXVIII.\n(E) \u201cMember\u201d means a person who has been admitted to a limited liability company as a member in accordance with RSA 304-C or in accordance with the laws of the state or foreign country or jurisdiction under which the limited liability company is organized. \"Member\" includes each member of a limited liability company, foreign limited liability company, or professional limited liability company as set forth in RSA 304-C and RSA 304-D.\n(F) \"Manager\u201d means a person who is named or designated as a manager of a limited liability company in an operating agreement. \"Manager\" includes each manager of a limited liability company, foreign limited liability company, or professional limited liability company as set forth in RSA 304-C and RSA 304-D.\n(3) Except for governmental entities and municipalities, the persons subject to the criminal records checks pursuant to subparagraph (b)(1) above are as follows:\n(A) The applicant.\n(B) If the applicant is an individual(s), each individual.\n(C) If the applicant is a publicly traded corporation, each officer and director.\n(D) If the applicant is a privately held corporation, each owner, officer, and director.\n(E) If the applicant is a general or limited partnership, each partner.\n(F) If the applicant is a limited liability company, foreign limited liability company, or professional limited liability company, each manager and member.\n(G) If the permit sought is for the transfer of a permit to a new person or a change in ownership of the current permit holder pursuant to RSA 149-M:9, XII an rules adopted by the department under RSA 541-A, then the transferee applicant and all persons related to the transferee applicant as set forth in subparagraph (b)(3).\n(4) All persons set forth in subparagraph (b)(3) shall submit to the department a New Hampshire department of safety, division of state police, criminal history records release authorization form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release to the department, for the purposes of this section, a report of the criminal history and record information, including confidential criminal history record information, of the applicant and all persons set forth in subparagraph (b)(3). The release form shall name the assistant director of the department of environmental services waste management division and the administrator of the department of environmental services, solid waste management bureau as authorized recipients and shall specify any payment required by the division of state police.\n(5) All persons set forth in subparagraph (b)(3) shall submit to the department, along with their criminal record release authorization form required in subparagraph (b)(4), a complete set of fingerprints taken by a qualified law enforcement agency or authorized employee of the department of safety. If the national crime information database is unavailable for any reason, the department may accept New Hampshire criminal records or police clearances from every city, town, or county where the person has lived during the past 5 years.\n(6) The department shall submit the criminal records release authorization forms and fingerprint forms to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the assistant director of the department of environmental services waste management division and the administrator of the department of environmental services, solid waste management bureau. The department shall maintain the confidentiality of all criminal history records information received pursuant to this section.\n(7) The department may bill the applicant for any costs or fees associated with the performance history review and the criminal records check, including, but not limited to, any fee charged by the department of safety or the Federal Bureau of Investigation for the criminal records checks set forth in this subsection. The department shall destroy all criminal history record information within 60 days after the department\u2019s decision on the application or upon the conclusion of any appeal of the department\u2019s decision, whichever is later.\n5 Denial of Application. Amend RSA 149-M:9, IX(b) and (c) to read as follows:\n(b) The person or any person defined in RSA 149-M:9, III(b) has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.\n[ (c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application. ]\n6 Applications; Transfer of Permits. Amend RSA 149-M:9, XII(a) to read as follows:\n(a) Applications for the transfer of permits shall be filed by the person to whom such permit is to be transferred upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The applicant and all related persons as set forth in RSA 149-M:9, III(b) shall comply with the performance history review and criminal provisions of RSA 149-M:9, III in all respects. [ The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The criminal background check shall consist of and follow the same procedures set forth in paragraph III. ] The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. [ The cost of any investigation under this paragraph shall be borne by the applicant. ]\n7 Disclosure of Ownership. Amend RSA 149-M:10, I to read as follows:\nI. Any application for a permit under RSA 149-M:9 shall be signed under oath by a representative of the applicant and shall contain the following information:\n(a) Name and address of the applicant.\n(b) If the applicant is a corporation, the state of incorporation, the address of its principal place of business, and the names and addresses of its owners, directors, and officers[ , and shareholders ]; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its principals, partners, members , managers, and [ or ] participants.\n(c) The exact location where the applicant intends to conduct the business for which it is seeking the permit.\n(d) Such financial information as the department may require under RSA 149-M:9 or rules adopted by the department .\n8 ? New Subdivision; Solid Waste Facility Site Evaluation Committee. ? Amend RSA 149-M by inserting after section 64 the following new subdivision:\nSolid Waste Facility Site Evaluation Committee\n149-M:65 ? Declaration of Purpose.\n? The legislature and the executive branch recognize that the selection of sites for major solid waste disposal facilities may have significant statewide, regional and local impacts that are not fully evaluated through existing regulatory review. ? Accordingly, the legislature and the executive branch find that it is in the public interest to establish a procedure to evaluate the local, regional and statewide benefits and burdens of a new major solid waste facility that are not captured by existing regulatory reviews, including noise, odor, aesthetics, local and regional economic impacts, property value impacts, nature and source of waste, need, impacts on tourism, recreation and traffic, and other similar impacts.\n149-M:66 ? Definitions. ? In this subdivision:\nI. ? \u201cAcceptance\u201d means a determination by the committee that it finds that the application is complete and ready for consideration.\nII. ? \u201cAdministrator\u201d means the administrator of the site evaluation committee established pursuant to RSA 162-H:3-a.\nIII. ? \u201cAffected municipality\u201d means any municipality or unincorporated place in which any part of a major solid waste disposal facility is proposed to be located and any municipality or unincorporated place from which any part of the proposed major solid waste disposal facility will be visible or audible, including off-site traffic impacts.\nIV. ? \u201cCertificate\u201d means the document issued by the committee, containing such terms and conditions as the committee deems appropriate, that authorizes the applicant to proceed with the proposed site and facility.\nV. ? \u201cCommence construction\u201d means any clearing of the land, excavation or other substantial action that would result in long-term impacts to the site of the proposed facility, but does not include land surveying, optioning or acquiring land or rights in land, changes desirable for temporary use of the land for public recreational uses, necessary subsurface explorations to determine hydrogeologic and soil conditions, work required as part of an application to any federal, state, or local authority, or other preconstruction monitoring or testing to establish background information related to the suitability of the site for the proposed use.\nVI. ? \u201cCommittee\u201d means the solid waste evaluation committee established by this chapter.\nVII. ? \u201cDepartment\u201d means the department of environmental services.\nVIII. ? \u201cMajor solid waste disposal facility\u201d means a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste with a proposed waste acceptance rate greater than 100,000 tons per year. ? Major solid waste disposal facility does not include any facility proposed to be constructed by a New Hampshire municipal government.\nIX. ? \u201cFiling\u201d means the date on which the application is first submitted to the committee.\nX. ? \u201cPerson\u201d means any individual, group, firm, partnership, corporation, cooperative, municipality, political subdivision, government agency, or other organization.\n149-M:67 ? Solid Waste Evaluation Committee Established.\nI. ? There is hereby established a committee to be known as the New Hampshire solid waste evaluation committee consisting of 5 members, as follows:\n(a) ? The chairperson of the waste management council established under RSA 21-O:9, who shall serve as chairperson of the committee. ? If there is an appeal pending before the waste management council related to the major solid waste disposal facility, then the chairperson of the wetlands council, water council or air resources council established under RSA 21-O, selected by the commissioner of the department, shall serve as chairperson of the committee.\n(b) ? The commissioner of the department of environmental services, or designee.\n(c) ? Two members and, when required by RSA 149-M:68, an alternate member, appointed by the governor with the consent of the executive council, including a member who serves on a local conservation commission and a member who has expertise in the private waste management industry.\n(d) ? One public member and, when required by RSA 149-M:68, an alternate public member, appointed by the governor with the consent of the executive council as described in RSA 149-M:68, with expertise or experience in one or more of the following areas: business management; environmental protection; natural resource protection; solid waste disposal facility design, construction, operation, or management; community and regional planning or economic development; municipal or county government; or the governing of unincorporated places.\nII. ? All members, including those who sit for a member recused under RSA 149-M:68, shall refrain from ex parte communications regarding any matter pending before the committee. ? A majority of the members of the committee shall constitute a quorum for the purpose of conducting the committee\u2019s business.\nIII. ? The committee shall be administratively attached to the department of environmental services.\nIV. ? The chairperson shall serve as the chief executive of the committee and may:\n(a) ? Serve as presiding officer.\n(b) ? Delegate to other members the duties of the presiding officer, as appropriate.\n(c) ? Establish, with the consent of the committee, the budgetary requirements of the committee.\n(d) ? Engage personnel in accordance with this chapter.\nV. ? The presiding officer may appoint a hearing officer to perform the functions described in RSA 149-M:70, V.\n149-M:68 ? Members Appointed By The Governor With The Consent Of Council.\nI. ? Members and alternate members appointed under RSA 149-M:67, I(c) and (d) shall serve 4-year terms and until their successors are appointed and qualified. ? Any member chosen to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term of the member who is succeeded.\nII. ? If at any time the member appointed by the governor with the consent of the executive council must recuse himself or herself from a matter before the committee or is not otherwise available for good reason, the alternate member shall replace such member.\nIII. ? No member nor any member of his or her family shall receive income from entities that own or operate, or have applied to own or operate, major solid waste disposal facilities in New Hampshire. ? The members appointed by the governor with the consent of the executive council and their alternates shall comply with RSA 15-A and RSA 15-B.\nIV. ? Any member appointed by the governor with the consent of the executive council may be removed from office in accordance with RSA 4:1.\n149-M:69 ? Administrator and Other Committee Support.\nThe administrator shall provide support to the committee. ? If the administrator is not available or the position is vacant, the committee may hire an independent contractor at the expense of the applicant. ? The administrator shall be under the supervision of the chairperson when performing duties for the committee. ? The administrator shall be compensated for work performed for the committee as set forth in RSA 149-M:85. ? The administrator, or chairperson in the absence of an administrator, with committee approval, may engage additional technical, legal, or administrative support to fulfill the functions of the committee as necessary.\n149-M:70 ? Powers and Duties of the Committee; Rules.\nI. ? The committee shall:\n(a) ? Evaluate and issue any certificate under this chapter for a major solid waste disposal facility.\n(b) ? Determine the terms and conditions of any certificate issued under this chapter.\n(c) ? Adjudicate enforcement matters.\n(d) ? Assist the public in understanding the requirements of this chapter.\n(e) ? Deny applications for a certificate based on such findings and rulings as may be necessary to support its decision to deny.\nII. ? The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days.\nIII. ? The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use of any technique, methodology, practice, or procedure approved by the committee within a certificate issued under this chapter, or the authority to specify minor changes in the major solid waste disposal facility configuration to the extent that such changes are authorized by the certificate for those portions of a proposed major solid waste disposal facility project.\nIV. ? The committee shall not delegate its authority or duties except as provided under this chapter.\nV. ? In any matter before the committee, the presiding officer, or a hearing officer designated by the presiding officer, may hear and decide procedural matters that are before the committee, including procedural schedules, consolidation of parties with substantially similar interests, discovery schedules and motions, and identification of significant disputed issues for hearing and decision by the committee. ? Undisputed petitions for intervention may be decided by the hearing officer and disputed petitions shall be decided by the presiding officer. ? Any party aggrieved by a decision on a petition to intervene may within 10 calendar days request that the committee review such decision. ? Other procedural decisions may be reviewed by the committee at its discretion.\nVI. ? The committee shall issue such rules to administer this chapter, pursuant to RSA 541-A, after public notice and hearing, as may from time to time be required.\n149-M:71 ? Prohibitions and Restrictions.\nI. ? No person shall commence construction of any major solid waste disposal facility within the state unless it has obtained a certificate pursuant to this chapter. ? Such facilities shall be constructed, operated, and maintained in accordance with the terms of the certificate and any other federal, state, or local permits or approvals. ? Such certificates are not required for changes or additions to existing facilities unless they propose an increase in existing permitted annual throughput of greater than or equal to 50,000 tons per year. ? Such a certificate shall not be transferred or assigned without approval of the committee. ? Unless otherwise specified in this chapter, any approved major solid waste facility shall not be constructed, operated, or closed in a manner materially different than the manner in which it was presented in the application for a certificate as modified and conditioned by such certificate.\nII. ? Notwithstanding RSA 541-A:29 or any other law to the contrary, an application for a certificate from the committee shall be approved or denied by the committee prior to final decisions on all other state agency permit applications. Applications for certificates may be filed and evaluated by the committee concurrently with other state approvals and public hearings may be scheduled concurrently with hearings held by other state agencies as part of their permitting process for the same facility.\nIII. Notwithstanding paragraph II, for facilities under review by the department for a permit on or prior to July 1, 2025, an application for a certificate from the committee shall be approved or denied after other state agency approvals have been obtained. The committee shall not consider technical questions already considered by other state or federal agencies, nor include terms or conditions in a certificate that have already been reviewed and decided upon by other state or federal agency regulatory reviews.\n149-M:72 ? Application for Certificate.\nI. ? All applications for a certificate for a major solid waste disposal facility shall be filed with the administrator or the chair of the committee.\nII. ? Upon filing of an application, the chairperson or designated presiding officer shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter. ? If the application does not contain such sufficient information, the chairperson or designated presiding officer shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply.\nIII. ? To carry out the committee\u2019s duties in RSA 149-M:70, each application shall:\n(a) ? Describe in reasonable detail the types and quantities of waste and their characteristics proposed to be accepted and size of each major part of the proposed facility.\n(b) ? Describe in reasonable detail the source of waste to be accepted.\n(c) Describe how the proposed facility satisfies the criteria listed under RSA 149-M:11,III.\n(d) ? Identify both the applicant\u2019s preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant\u2019s preferred choice.\n(e) ? Describe in reasonable detail the impact of each major part of the proposed facility on existing local, regional, and state land uses.\n(f) ? Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 149-M:66, III. ? The application shall include a list of the affected municipalities.\n(g) ? Provide analysis on the local, regional and statewide visual impact of the proposed facility during construction, operation, and post-closure and the visual impacts as evaluated through a visual impact assessment prepared in accordance with professional standards by an expert in the field.\n(h) ? Provide information in reasonable detail about the impacts on local, regional and state property values, human health, tourism, outdoor recreation, wildlife, traffic, noise, and odor by the proposed facility. ? These analyses shall be conducted in accordance with professional standards by an expert in these fields.\n(i) ? Provide a reasonable amount of information relative to how new contaminants of concern not regulated by a permit issued by the department, will be monitored, evaluated and managed over the proposed life of the facility.\n(j) ? Provide a reasonable amount of information relative to the economic impacts of the proposed facility on affected municipalities, the region, and the state.\n(k) An assessment of greenhouse gas and other emissions emanating from the facility and from transport of solid waste-related material and by-products to and from the proposed facility.\n(l) Potential economic benefits to the local area and potential infrastructure improvements associated with the proposed project.\n(m) Provide such additional information as the committee may require or request to carry out the purpose of this chapter.\nIV. ? To the extent any information provided in the application was submitted and considered by a state agency as part of its permitting evaluation and decision under RSA 149-M:71, III, the applicant shall specify what information was so considered and the statutory and regulatory authority for that agency\u2019s consideration of the information.\nV. ? For all information submitted with the application that was prepared by an outside consultant or expert, the applicant shall submit the qualifications of such consultants or experts to prepare such information.\nVI. ? The committee shall require the applicant to hire an independent third party at the expense of the applicant and agreed upon by the committee in consultation with the municipality where the facility is proposed to be located, to peer review any assessments provided under this section.\nVII. ? The chairperson or designated presiding officer shall decide whether to accept the application as administratively complete within 60 days of filing. ? If the chairperson or designated presiding officer rejects an application because it determines it to be administratively incomplete, the applicant may choose to file a new and more complete application or cure the defects in the rejected application within 10 days of receipt of notification of rejection.\nVIII. ? Public information sessions shall be held in accordance with RSA 149-M:76.\nIX. ? Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for the proposed major solid waste disposal facility.\nX. ? The applicant shall immediately inform the committee of any substantive modification to its application.\nXI. ? The committee may require state agencies with relevant technical expertise to participate in committee proceedings.\nXII. The department shall conduct a review of the application information submitted pursuant to RSA 149-M:72, III(c) to determine whether the facility has demonstrated that it satisfies the criteria in RSA 149-M:11, III. Such review shall be conducted in accordance with RSA 149-M:11. The department shall report its findings to the committee in order to inform the committee\u2019s decision on the application.\nXIII. ? The committee may deny a permit application based upon the criteria in RSA 149-M:9, IX.\nXIV. A state agency may intervene as a party in any committee proceeding in the same manner as other persons under RSA 541-A.\n149-M:73 ? Disclosure of Ownership.\nAny application for a certificate, or for change in ownership and transfer of certificate, shall be signed and sworn to by the person or executive officer of the association or corporation making such application and shall contain the following information:\nI. ? Full name and address of the person, association, or corporation.\nII. ? If an association or limited liability company, the name of the state under which it was formed, the names and residences of the members of the association or limited liability company.\nIII. ? If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors, officers and stockholders.\nIV. ? If doing business in a form other than as an association, limited liability company or corporation, the form of the business, the name of the state under which it was formed, and the names and residences of anyone with a financial, ownership or control interest in the organization.\nV. ? The location or locations where an applicant is to conduct its business.\nVI. ? A statement of assets and liabilities of the applicant and other relevant financial information of such applicant.\nVII. ? The committee shall administratively approve changes of ownership and transfers of certificates within 90 days of a petition if it determines the new certificate holder has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate and any federal, state and local permits.\n149-M:74 ? Application and Filing Fees.\nI. ? A person filing with the committee an application for a certificate for a major solid waste disposal facility, shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II. ? If an application for a certificate for a major solid waste disposal facility is deemed incomplete pursuant to RSA 149-M:72, VII, and a new application is submitted thereunder, the unused portion of the initial application fee shall be refunded to the applicant or credited to the filing of the new application. ? The committee may in its discretion provide for a credit or refund in other circumstances that are unforeseen by the applicant.\nII. ? The fees under paragraph I shall be determined in accordance with a fee schedule posted by the committee on its website, which shall include the following amounts:\n(a) ? Application fee for a major solid waste disposal facility: $20,000 base charge and $1,000 per additional 10,000 tons/year throughput in excess of 100,000 tons per year.\n(b) ? Filing fees for administrative proceedings:\n(1) ? Petition for committee jurisdiction: $500.\n(2) ? Certificate transfer of ownership: $1,000.\n(3) ? Request to modify a certificate: $1,000.\nIII. ? All fee charges shall be deposited in the solid waste evaluation committee fund established in RSA 149-M:84 and shall be nonlapsing and accounted for as a separate line item.\nIV. ? The committee shall review and evaluate the application fees and filing fees in the fee schedule in subparagraphs II(a) and (b) at least once each year. ? The committee may increase any amount in the fee schedule by no more than the increase in the consumer price index from the prior year, provided that any such increase shall occur not more frequently than once during any 12-month period. ? Modifications to the fee schedule shall be posted on the committee website, with a link prominently displayed on the home page.\n149-M:75 ? Counsel for the Public.\nI. ? The chair or the administrator shall notify the attorney general of all administrative proceedings. ? The attorney general may appoint an assistant attorney general as counsel for the public in administrative proceedings. ? Upon notification that an application for a certificate has been filed with the committee in accordance with RSA 149-M:72, the attorney general shall appoint an assistant attorney general as a counsel for the public. ? The counsel shall represent the public in all aspects of the committee\u2019s authority. ? The counsel shall be accorded all the rights and privileges, and responsibilities of an attorney representing a party in formal action and shall serve until the decision to issue or deny a certificate is final.\nII. ? This section shall not be construed to prevent any person from being heard or represented by counsel; provided, however, the committee may compel consolidation of representation for such persons as have, in the committee\u2019s reasonable judgment, substantially identical interests.\n149-M:76 ? Public Hearing; Studies.\nI. ? At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affected municipality where the proposed facility is to be located. ? This session may be held concurrent with a public session held as a requirement of any other state permit or approval.\nII. ? The committee may order the applicant to provide such additional public information sessions in affected municipalities as are reasonable to inform the public of the proposed project.\nIII. ? Within 90 days after acceptance of an application for a certificate, the committee shall hold at least one public information session in each the municipality where the proposed facility is proposed to be located.\nIV. ? Subsequent public hearings shall be in the nature of adjudicative proceedings under RSA 541-A and shall be held in the municipality in which the proposed facility is to be located or in Concord, New Hampshire, as determined by the committee. ? The committee shall give adequate public notice of the time and place of each subsequent hearing.\nV. ? The committee shall adopt rules regarding the timing and method of notices for public information sessions and public hearings and the any other requirements regarding such sessions and hearings.\nVI. ? The committee shall consider and weigh all evidence presented at public hearings and shall consider and weigh written information and reports submitted to it by members of the public prior to the closing of the record of the proceeding. ? The committee shall provide an opportunity at one or more public hearings for comments from the governing body of each affected municipality and residents of each affected municipality. ? The committee shall consider, as appropriate, prior committee findings and rulings on the same or similar subject matters, but shall not be bound thereby.\nVII. ? The solid waste evaluation committee shall require from the applicant whatever information it deems necessary to assist in the conduct of the hearings, and any investigation or studies it may undertake, and in the determination of the terms and conditions of any certificate under consideration.\nVIII. ? The committee and counsel for the public shall conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant or certificate holder in such amount as may be approved by the committee. ? The committee and counsel for the public are further authorized to assess the applicant or certificate holder for all travel and related expenses associated with the processing of an application or other proceedings under this chapter.\nIX. ? Times for conducting public hearings and rendering a decision on the application may be extended for good cause upon written request of the applicant.\n149-M:77 ? Judicial Review.\nDecisions made pursuant to this chapter shall be appealed in accordance with RSA 541.\n149-M:78 ? Monitoring and Enforcement.\nI. ? The department shall monitor the construction and operation of any major solid waste disposal facility granted a certificate under this chapter, after all other subsequent approvals are obtained, to ensure compliance with such certificate and enforce the terms and conditions of any such certificate. ? With the exception of the authority retained by the state agencies in accordance with paragraph V, the department may delegate the authority to monitor the construction or operation of any major solid waste disposal facility granted a certificate under this chapter to such state agency or official as it deems appropriate but shall ensure that the terms and conditions of the certificate are met. ? Any authorized representative or delegate of the department shall have a right of entry onto the premises of any part of the solid waste generation facility to ascertain if the facility is being constructed or operated in continuing compliance with the terms and conditions of the certificate. ? During normal hours of business administration and on the premises of the facility, such a representative or delegate shall also have a right to inspect such records of the certificate-holder as are relevant to the terms or conditions of the certificate.\nII. ? Whenever the department administratively determines, on its own or in response to a complaint, that any term or condition of any certificate issued under this chapter or prior law is being violated, it shall, in writing, notify the certificate holder of the specific violation and order the person to immediately terminate the violation. ? If, 15 days after receipt of the order, the person has failed or neglected to terminate the violation, the department shall notify the committee, which may suspend the person\u2019s certificate. ? In addition to suspension, if, after 15 days of receipt of the order, the person has failed or neglected to terminate the violation, the committee may impose a fine not to exceed $5,000 per day until the violation is corrected. ? Except for emergencies, prior to any suspension or imposition of a fine, the committee shall give written notice of its consideration of suspension or imposition of a fine and of its reasons therefor and shall provide opportunity for a prompt hearing.\nIII. ? In addition to other remedies provided in this chapter, upon petition of the department, the committee may suspend a certificate if the committee determines that a person has made a material misrepresentation in the application, or in the supplemental or additional statements of fact, or studies required of the applicant, or if the committee determines that the person has violated the provisions of this chapter, or any rule adopted under this chapter. ? Except for emergencies, prior to any suspension, the committee shall give written notice of its consideration of suspension and of its reasons therefor and shall provide an opportunity for a prompt hearing.\nIV. ? Upon petition of the department, the committee may revoke any certificate that is suspended after the person holding the suspended certificate has been given at least 90 days\u2019 written notice of the committee\u2019s consideration of revocation and of its reasons therefor and has been provided an opportunity for a full hearing.\nV. ? Notwithstanding any other provision of this chapter, each state agency having permitting or other regulatory authority shall retain all of its powers and duties of enforcement.\nVI. ? The full amount of costs and expenses incurred by the department and committee in connection with any enforcement action against a person holding a certificate, in which the person is determined to have violated any provision of this chapter, any rule adopted by the department or committee, or any of the terms and conditions of the issued certificate, shall be assessed to the person and shall be paid by the person to the committee. ? Any amounts paid by a person to the committee pursuant to this paragraph shall be deposited in the solid waste evaluation committee fund established in RSA 149-M:84.\nVII. ? The department may adopt rules in furtherance of its monitoring and enforcement responsibilities under this chapter.\n149-M:79 ? Records.\nComplete verbatim records shall be kept by the committee of all hearings, and records of all other actions, proceedings, and correspondence of the committee, including submittals of information and reports by members of the public, shall be maintained, all of which records shall be open to the public inspection and copying as provided for under RSA 91-A. ? Committee records regarding pending applications for a certificate shall also be made available on a website.\n149-M:80 ? Temporary Suspension of Deliberations.\nIf the committee, at any time while an application for a certificate is before it, deems it to be in the public interest, it may temporarily suspend its deliberations and time frames established under this chapter.\n149-M:81 ? Findings and Certificate Issuance.\nI. ? Any certificate issued by the committee shall be based on the record. ? The decision to issue a certificate in its final form or to deny an application once it has been accepted shall be made by a majority of the committee.\nII. ? The committee may consult with interested regional agencies and agencies of border states in the consideration of certificates.\nIII. ? After due consideration of all relevant information regarding the potential siting, including potential significant impacts and benefits, the committee shall determine if issuance of a certificate will serve the objectives of this chapter. ? In order to issue a certificate, the committee shall find that:\n(a) ? The applicant has adequate financial, technical, and managerial capability to assure construction, operation, and closure of the facility in continuing compliance with the terms and conditions of the certificate.\n(b) ? The facility will not unduly interfere with the orderly development of the region with due consideration having been given to the views of municipal and regional planning commissions and municipal governing bodies.\n(c) The facility satisfies the criteria in RSA 149-M:11, III.\n(d) ? The net public benefit of the facility to the region shall outweigh any adverse impact of the facility on human health, aesthetics, historic preservation, economic impacts to the region, tourism, outdoor recreation, regional and statewide business development, wildlife, noise, odor, traffic impacts, existing land uses, including property values, characteristics and source of waste, and any other impacts assessed as part of the application pursuant to RSA 149-M:72, III.\n(e) ? Issuance of a certificate will serve the public interest of the citizens of New Hampshire.\nIV. ? The committee shall issue an order granting or denying a certificate. ? Such order shall summarize and address issues of concern expressed during public information sessions and hearings to ensure that the public\u2019s voice has been heard and recorded.\nV. ? A certificate of site and facility may contain such reasonable terms and conditions, including, but not limited to the authority to require bonding, as the committee deems necessary. ? Such certificates, when issued, shall be final and subject only to judicial review.\nVI. ? The committee shall condition the certificate upon the results of applicable federal and state approvals or appeal processes and required federal and state agency studies whose study period exceeds the application period.\n149-M:82 ? Penalties.\nI. ? Any construction or operation of major solid waste disposal facilities without first obtaining a certificate from the committee, or any material violation of the terms and conditions of a certificate issued by the committee, shall be subject to a civil penalty not to exceed $10,000 for each violation or for each day of a continuing violation. ? Such violation may also be enjoined by the superior court upon application of the attorney general.\nII. ? Whoever purposely or knowingly commits any violation of any provision of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.\n149-M:83 ? Severability.\nIf any provision of this chapter, or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end, the provisions of this chapter are severable.\n149-M:84 ? Fund Established; Funding Plan.\nThere is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the solid waste evaluation committee fund. ? All application and other filing fees received by the committee under this chapter shall be deposited in the fund. ? All moneys in the fund shall by continually appropriated to the committee and shall be used to pay for operating costs of the committee and the partial salary of the administrator. ? If the administrator position is vacant, the fund may be used to pay an independent contractor to perform those duties. ? Notwithstanding any other provision of law, the committee may engage the department for additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or major solid waste disposal facility owner.\n149-M:85 ? Compensation and Reimbursement.\nI. ? The public members of the committee shall be compensated for all time spent on committee business, including compensation and reimbursement for major solid waste disposal facility proceeding time and expenses. ? Compensation shall be provided on a pro rata basis, based upon the daily salary rate of an unclassified position at the initial step in grade FF under RSA 94:1-a, I(a).\nII. ? State agencies represented on the committee shall be reimbursed for major solid waste disposal facility proceeding time and expenses incurred by their respective members or designees, except that time spent for the first 5 full days of their participation with respect to any application or other proceeding concerning a major solid waste disposal facility shall not be subject to reimbursement. ? The rate of reimbursement to each respective agency shall be based on a pro rata share of the employee\u2019s salary, benefits, and related costs.\nIII. ? The department of justice shall be reimbursed in the same manner as described in paragraph II for major solid waste disposal facility proceeding time and expenses that are incurred by the counsel for the public.\nIV. ? All persons or agencies seeking compensation or reimbursement under this section shall keep detailed time and expense records which shall be submitted to the chairperson or administrator and used to determine the amount of compensation or reimbursement. ? The chairperson or administrator shall develop a recordkeeping system and accounting and payment procedures.\nV. Compensation shall not be provided to members of the committee for initial meetings conducted prior to acceptance of application fees. The department shall provide support for the adoption of rules established by the committee.\n149-M:86 ? Solid Waste Permit Applications Suspended.\nI. The department shall not issue any permit approvals that authorize new capacity for major solid waste disposal facilities until rules are adopted by the committee or until July 1, 2026, whichever is later. Nothing in this paragraph shall be construed to prohibit the approval of the design, construction, or operation of new waste disposal cells at existing facilities for which the waste disposal capacity has been approved prior to the effective date of this section.\nII. Notwithstanding RSA 149-M:9, the department shall not issue any permit to construct or operate a new landfill facility in New Hampshire under RSA 149-M:9 until July 1, 2028. The department may accept applications, evaluate them for completeness, and request more information to make an application complete, but shall not proceed to further evaluation or process any applications, notwithstanding RSA 541-A:29, in order that any evaluation of need, benefit, harm, or appropriateness of the site proposed will await the development of new regulations, data, technologies, and policies.\nIII. Nothing in paragraph II shall be construed to prohibit the expansion or modification of any landfill facilities on any site on which, as of December 1, 2022, a Resource Conservation and Recovery Act (RCRA) Subtitle D landfill exists that has been permitted in accordance with RSA 149-M:9.\nIV. In this section, the term \u201csite\u201d means a single parcel or adjacent parcels, owned in their entirety by a landfill operator or its affiliates as of December 1, 2022, including a site where one or more public utility easements traverse the site.\n9 ? New Subparagraph; Solid Waste Evaluation Committee Fund. ? Amend RSA 6:12, I(b) by inserting after subparagraph (399) the following new subparagraph:\n(400) ? Moneys deposited in the solid waste evaluation committee fund as established in RSA 149-M:84.\n10 Repeal. The following are repealed:\nI. RSA 21-O:9, relative to the waste management council.\nII. RSA 146-A:16, III, relative to appeals regarding oil discharge or spillage in surface water or groundwater.\nIII. RSA 146-C:9-a, III, relative to appeals regarding underground storage facilities.\nIV. RSA 147:15, relative to appeals regarding hazardous waste management.\nV. RSA 147-C:7, relative to appeals regarding hazardous waste facility reviews.\nVI. RSA 149-M:8, relative to appeals regarding solid waste management.\n11 Cruelty to Animals; Livestock. Amend RSA 644:8, IV(a) to read as follows:\nIV.(a)(1) Any person charged with animal cruelty under paragraphs III or III-a may have his or her animals confiscated by the arresting officer. The investigating officer for a case involving livestock as defined in RSA 427:38, III shall be accompanied by the state veterinarian or their designee who shall set probable cause criteria for the taking of the animal or animals. No animal shall be confiscated unless a person is charged under this section, except when the officer believes that the animal's life is in imminent danger.\n(2) A person charged under this section may petition the court to seek an examination of the animals by a veterinarian licensed under RSA 332-B of his or her choice at the expense of the person charged. The person charged shall be made aware of such right in writing by the arresting officer.\n(3) If a person is charged under this section and is presented with any document to sign, the arresting officer shall explain the document to the person and the person shall affirm that they understand the document they are signing.\n[ (3) ] (4) Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. In cases in which animals have been confiscated by an arresting officer or his or her agency, a status hearing shall be held by the court within 14 days of the confiscation of the animals.\n[ (4) ] (5) Any person with proof of sole ownership or co-ownership of an animal confiscated by an arresting officer in an animal cruelty case and who is not a defendant or party of interest in the criminal case may petition the court for temporary custody of the animal. The court shall give such person priority for temporary custody of the animal if the court determines it is in the best interest of the animal's health, safety, and wellbeing.\n[ (5) ] (6) No custodian of an animal confiscated under this section shall spay or neuter or otherwise permanently alter the confiscated animal in his or her custody pending final disposition of the court case unless a treating veterinarian deems such procedure necessary to save the life of the animal or the owner of the animal agrees in writing to the procedure or treatment . If the treating veterinarian determines the animal is in a state of extreme suffering, the animal may be euthanized.\n[ (6) ] (7) Upon a person's conviction of cruelty to animals, the court shall dispose of the confiscated animal in any manner it decides except in a case in which the confiscated animal is owned or co-owned by persons other than the defendant. If the defendant does not have an ownership interest in the confiscated animal, the court shall give priority to restoring full ownership rights to any person with proof of ownership if the court determines that such is in the best interest of the animal's health, safety, and wellbeing. If the confiscated animal is co-owned by the defendant, the court shall give priority to transferring the defendant's interest in the property to the remaining owner or co-owners equitably if the court determines that such is in the best interest of the animal's health, safety, and wellbeing.\n[ (7) ] (8) The costs to provide the confiscated animals with humane care and adequate and necessary veterinary services, if any, incurred in boarding and treating the animal, pending disposition of the case, and in disposing of the animal upon a conviction of said person for cruelty to animals, shall be borne by the person so convicted in accordance with rules adopted by the department of agriculture, markets, and food.\n(9) No confiscated animal or animals shall be used in any manner to solicit donations or to raise funds by any individual or organization that has protective custody of the animal or animals prior to a conviction for abuse or neglect under this section.\n12 Confiscation of Animal. RSA 644:8, IV-a is repealed and reenacted to read as follows:\nIV-a.(a) Except as provided in subparagraph (b) any appropriate law enforcement officer or municipal animal control officer may take into temporary protective custody any animal when the owner or caretaker is not present and there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a 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. Unless charges have been filed or a warrant establishing probable cause has been issued, the animal or animals shall be returned to the owner or their designee or caretaker upon request. 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. The department 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. An owner of an animal taken into protective custody shall have the right as referenced in subparagraph IV(a)(2).\n(b) For purposes of subparagraph (a) the investigating officer for livestock, as defined in RSA 427:38, III, shall be accompanied by a veterinarian licensed under RSA 332-B or the state veterinarian who shall set the probable cause criteria for taking the animal or animals.\n(c) In cases where one or more lactating animals are confiscated, proof shall be provided by the confiscating party to the attending veterinarian and the owner or caretaker that proper care and facilities shall be provided for adults and offspring. No lactating animal shall be separated from its non-weaned offspring and vice versa.\n(d) No person who has initiated an animal welfare complaint may take part in or be present during any investigation into such complaint, unless the complainant is an employee of a governmental agency. No person who may be called upon to take possession of any animal seized as a result of a complaint under this section may have taken part in the decision to seize any animal.\n(e) In order to protect the integrity of complaint investigations an appropriate law enforcement officer shall require any person or their designated agent called upon to take possession of any animal seized or to assist during any complaint investigation, to sign a binding nondisclosure agreement intended to protect any shared or confidential information against unauthorized use pending final adjudication or dismissal of such complaint; provided that information may be disclosed only to officials with a need to know who are subject to confidentiality obligations.\n(f) The confiscation of any animal or animals without the charging of the owner or caretaker, or without a warrant specifying probably cause, under paragraph IV shall be theft by unauthorized taking under RSA 637:3.\n(g) No custodian of an animal in temporary protective custody under this section shall spay or neuter or otherwise permanently alter the confiscated animal in his or her custody pending final disposition of the court case unless a treating veterinarian deems such procedure necessary to save the life of the animal or the owner of the animal agrees in writing to the procedure or treatment. If the treating veterinarian determines the animal is in a state of extreme suffering, the animal may be euthanized.\n13 Veterinarian Assistant. Amend RSA 644:8, V to read as follows:\nV. A veterinarian licensed to practice in the state and any individual requested to provide assistance by law enforcement or the state veterinarian shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this section or RSA 435:11-16. Such a veterinarian or assisting individual is, therefore, under this paragraph, protected from a lawsuit for his part in an investigation of cruelty to animals.\n14 State Veterinarian; Powers. Amend RSA 436:8 to read as follows:\n436:8 Powers. The state veterinarian, under the direction of the commissioner, shall have all of the powers of the commissioner and shall have general charge of the enforcement of this chapter. Complaints under RSA 644:8, 644:8-a, 644:8-aa and any other law pertaining to the abuse of domestic animals, as defined under RSA 436:1, shall initially be filed with the local law enforcement agency, animal control officer, state police, or sheriff which has jurisdiction over where the animal is located or kept. At the request of the local law enforcement agency, animal control officer, state police, or sheriff, the state veterinarian shall assist in a secondary capacity in enforcing the provisions of and investigating said complaints. [ In the event the commissioner becomes incapacitated or a vacancy occurs in the office, the state veterinarian shall perform all the duties of that office during any such incapacity or until any such vacancy is filled. The commissioner may direct the state veterinarian to act for him or her in an official capacity whenever he or she may be absent from his or her duties. ]\n15 New Paragraph; Assessing Applications Under the Cost of Care Fund; Use for Livestock. Amend RSA 437-B:1 by inserting after paragraph III the following new paragraph:\nIII-a. Applications for reimbursement for the care of livestock shall demonstrate to the commissioner that the livestock were seized properly according to statute with assurance that individuals with experience and professional knowledge in the care of the type of livestock seized were consulted and that proper due process was afforded to the animal owner.\n16 Committee Established. There is established a committee to study review RSA 644:8 and RSA 644:8-a through 644:8-g to identify elements to clarify, reorganize, and update these sections.\n17 Membership and Compensation.\nI. The members of the committee shall be as follows:\n(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.\n(b) One member of the senate, appointed by the president of the senate.\nII. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.\n18 Duties. The committee shall:\nI. Review RSA 644:8 and RSA 644:8-a through 644:8-g and address the following:\n(a) Are these statutes consistent with current regulatory needs and practices?\n(b) Are there overlapping, redundant, outdated, or conflicting statutes in RSA 644:8 and RSA 644:8-a through 644:8-g?\n(c) Do any statutes need to be transferred from one chapter to another for clarity and consistency?\nII. Work with agencies involved in the enforcement of RSA 644:8 and RSA 644:8-a through 644:8-g.\nIII. Identify any other issues that may be needed to fulfill the mission of this committee.\n19 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.\n20 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2025.\n21 Effective Date.\nI. Sections 1-7 of this act shall take effect 60 days after its passage.\nII. Sections 8-9 of this act shall take effect July 1, 2025.\nIII. Sections 11-16 of this act shall take effect January 1, 2026\nIV. The remainder of this act shall take effect up on its passage.\nLBA\n25-1167\nRevised 3/7/25\nSB 302-FN- FISCAL NOTE\nAS INTRODUCED\nAN ACT requiring background checks for solid waste facility owners.\nAGENCIES CONTACTED:\nDepartment of Environmental Services", "in_text": [{"date": "5Jun2025", "short": "2219h", "num": "2025-2219h"}], "chars": 73658}, "nver": 2, "namd": 2, "rsa": {"RSA 644:8": "/laws/644#s8", "RSA 644:8-a": "/laws/644#s8-a", "RSA 147-A:4": "/laws/147-a#s4", "RSA 147-A:3": "/laws/147-a#s3", "RSA 541-A": "/laws/541-a", "RSA 293-A:8.40": "/laws/293-a#s8.40", "RSA 293-A:8.01": "/laws/293-a#s8.01", "RSA 304-C": "/laws/304-c", "RSA 304-D": "/laws/304-d", "RSA 147-A:4-b": "/laws/147-a#s4-b", "RSA 149-M:9": "/laws/149-m#s9", "RSA 149-M:7": "/laws/149-m#s7", "RSA 149-M:11": "/laws/149-m#s11", "RSA 293-A": "/laws/293-a", "RSA 149-M:10": "/laws/149-m#s10", "RSA 149-M": "/laws/149-m", "RSA 162-H:3-a": "/laws/162-h#s3-a", "RSA 21-O:9": "/laws/21-o#s9", "RSA 21-O": "/laws/21-o", "RSA 149-M:68": "/laws/149-m#s68", "RSA 149-M:70": "/laws/149-m#s70", "RSA 149-M:67": "/laws/149-m#s67", "RSA 15-A": "/laws/15-a", "RSA 15-B": "/laws/15-b", "RSA 4:1": "/laws/4#s1", "RSA 149-M:85": "/laws/149-m#s85", "RSA 91-A": "/laws/91-a", "RSA 541-A:29": "/laws/541-a#s29", "RSA 149-M:66": "/laws/149-m#s66", "RSA 149-M:71": "/laws/149-m#s71", "RSA 149-M:76": "/laws/149-m#s76", "RSA 149-M:72": "/laws/149-m#s72", "RSA 149-M:84": "/laws/149-m#s84", "RSA 541": "/laws/541", "RSA 94:1-a": "/laws/94#s1-a", "RSA 6:12": "/laws/6#s12", "RSA 146-A:16": "/laws/146-a#s16", "RSA 146-C:9-a": "/laws/146-c#s9-a", "RSA 147:15": "/laws/147#s15", "RSA 147-C:7": "/laws/147-c#s7", "RSA 149-M:8": "/laws/149-m#s8", "RSA 427:38": "/laws/427#s38", "RSA 332-B": "/laws/332-b", "RSA 637:3": "/laws/637#s3", "RSA 435:11-16": "/laws/435", "RSA 436:8": "/laws/436#s8", "RSA 436:1": "/laws/436#s1", "RSA 437-B:1": "/laws/437-b#s1"}, "amends": {"RSA 147-A:4": "/laws/147-a#s4", "RSA 147-A:4-b": "/laws/147-a#s4-b", "RSA 149-M:9": "/laws/149-m#s9", "RSA 149-M:10": "/laws/149-m#s10", "RSA 149-M": "/laws/149-m", "RSA 6:12": "/laws/6#s12", "RSA 644:8": "/laws/644#s8", "RSA 436:8": "/laws/436#s8", "RSA 437-B:1": "/laws/437-b#s1", "RSA 21-O:9": "/laws/21-o#s9", "RSA 146-A:16": "/laws/146-a#s16", "RSA 146-C:9-a": "/laws/146-c#s9-a", "RSA 147:15": "/laws/147#s15", "RSA 147-C:7": "/laws/147-c#s7", "RSA 149-M:8": "/laws/149-m#s8"}, "related": [{"g": 0, "o": "2025-2026/HB616", "n": "HB 616-FN", "t": "relative to the confiscation of animals from persons suspected of or charged with abuse of animals and establishing a committee to study the animal cruelty statutes.", "y": 2025, "c": "Died", "s": "Amendment 2025-0999h to {b} carries language this bill has; the House adopted it."}, {"g": 0, "o": "2025-2026/HB171", "n": "HB 171", "t": "establishing a moratorium on the issuance of permits for new landfills.", "y": 2026, "c": "Died", "s": "Amendment 2025-0465h to {b} carries language this bill has; the House adopted it."}, {"g": 2, "o": "2025-2026/SB644", "n": "SB 644-FN", "t": "requiring background checks for solid waste and hazardous waste facility owners.", "y": 2026, "c": "Became Law", "s": "It contains the text of {b}, a shorter bill."}, {"g": 2, "o": "2025-2026/HB616", "n": "HB 616-FN", "t": "relative to the confiscation of animals from persons suspected of or charged with abuse of animals and establishing a committee to study the animal cruelty statutes.", "y": 2025, "c": "Died", "s": "It contains the text of {b}, a shorter bill."}, {"g": 2, "o": "2025-2026/SB536", "n": "SB 536-FN", "t": "relative to the solid waste facility site evaluation committee.", "y": 2026, "c": "Interim Study", "s": "It contains the text of {b}, a shorter bill."}, {"g": 2, "o": "2025-2026/HB1189", "n": "HB 1189-FN", "t": "establishing a solid waste site evaluation committee.", "y": 2026, "c": "Interim Study", "s": "It contains the text of {b}, a shorter bill."}]}