Chapter 437-A: Animal Population Control

In this chapter:

I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.

II. "Department" means the department of agriculture, markets, and food.

III. "Fund" means the companion animal neutering fund established in RSA 437-A:4-a.

The department shall establish and implement an animal population control program. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them permanently sexually sterilized, thereby reducing potential threats to public health and safety from mid-Atlantic rabies and other sources. The program shall not begin operation until June 1, 1994. The commissioner shall report relative to the progress of the program beginning on September 1, 1994, to the president of the senate, the speaker of the house and the governor within its biennial report pursuant to RSA 20:7.

I. (a) A resident of the state who owns a dog or cat and who is eligible for one of the following programs shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of $25:

(1) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977 (7 U.S.C. section 2011 et seq.) and RSA 161:2, XIII.

(2) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act (42 U.S.C. section 1381 et seq.).

(3) The Temporary Assistance for Needy Families Act established pursuant to 42 U.S.C. section 601 et seq. and RSA 161-B.

(4) The aid to the needy blind program established under RSA 161:2, V.

(5) The medicaid program established under RSA 167.

(6) The old age assistance program established under RSA 167.

(7) The aid to the permanently and totally disabled program established under RSA 167.

(b) A resident of the state who owns a dog or cat and has a household income at or below 130 percent of the federal poverty guidelines shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of $25.

II. Dogs and cats imported from out of state into New Hampshire animal shelters or adoption agencies shall not be eligible for this program.

I. Any veterinarian licensed in this state may participate in the program established under this chapter. A veterinarian shall file with the commissioner an application on which such veterinarian shall supply, in addition to any other information requested by the commissioner, a fee schedule listing the fees charged for animal sterilization, examination, and the presurgical immunizations specified in RSA 437-A:4, II(b) in the normal course of business. The animal sterilization fee may vary with the animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. A fee shall be determined unreasonable if the fee is more than 20 percent greater than the average fee of all those who have applied to participate in the program for the following calendar year. Any application submitted after January 1 will be judged against the existing average for that calendar year.

II. (a) The commissioner shall reimburse, to the extent funds are available, participating veterinarians for 100 percent of the fee, less payment paid by the owner to the veterinarian as provided in RSA 437-A:3, for each animal sterilization procedure administered. To receive this reimbursement, the veterinarian shall submit an animal sterilization certificate which shall be signed by the veterinarian and the owner of the animal.

(b) For all animals sterilized under RSA 437-A:3, the commissioner shall also reimburse, to the extent funds are available, any licensed veterinarian of this state participating in such program for an examination fee and the presurgical immunization of dogs and cats against rabies. Reimbursement for the full cost of the presurgical immunization shall be made by the commissioner to the participating veterinarian upon the written certification, signed by the veterinarian and the owner of the animal, that the immunization has been administered. There shall be no additional charges to the owners of animals sterilized under RSA 437-A:3 for examination fees or the presurgical immunization.

I. There is hereby established the companion animal neutering fund. Any funds received by the commissioner under this chapter, RSA 466:4, I(c), and RSA 466:6, III shall be deposited in the fund and shall be used by the commissioner exclusively for implementation including veterinarian reimbursement, promotion, and other costs associated with the program. Moneys in the fund shall be continually appropriated to the commissioner. Interest earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of the fiscal year shall be carried forward to the fund for the next fiscal year.

II. The commissioner may solicit and accept funds from any public or private source to be used to carry out the provisions of this chapter. All such funds shall be deposited into the fund established under paragraph I.

The commissioner shall adopt rules pursuant to RSA 541-A relative to:

I. Format and content of all forms required under this chapter.

II. Proof of eligibility under RSA 437-A:3, I.

II-a. Administration of the fund established under RSA 437-A:4-a.

III. [Repealed.]

Any person who knowingly falsifies proof of eligibility for, or participation in, any program under this chapter, who furnishes any licensed veterinarian with inaccurate information concerning the ownership of an animal submitted for a sterilization procedure, who furnishes the commissioner with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to this chapter or who violates any provision of this chapter or rule adopted under this chapter may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.