Four major animal cruelty cases in New Hampshire over the past year have gotten the attention of legislators in Concord, and there are competing House and Senate bills to address the problem.
One of the cases cited involves Jennifer “Bobbi” Choate, who lost 36 dogs to fire and had another 29 dogs seized after they were found in unheated quarters in Bristol and Alexandria during sub-zero weather. Choate has pleaded not guilty to the animal cruelty charges filed by the two towns, and the cases are awaiting trial.
The seizure of 84 Great Danes owned by Christina Fay of Wolfeboro spurred Wolfeboro Republican Jeb Bradley, who serves as the Senate Majority Leader in Concord, to file Senate Bill 569, which updates existing animal cruelty laws by redefining what qualifies as a kennel and imposing bond requirements when animals are seized.
A competing measure, House Bill 1385, is being sponsored by Rep. Matthew Scruton of Rochester, who would establish a legislative study committee to review the effectiveness of current laws, including whether they are being enforced, look into whether additional laws or regulations are necessary, and assess whether New Hampshire laws are consistent with the federal Animal Welfare Act. The committee also would determine possible funding sources for the care of animals seized in cruelty cases.
Current law places the financial responsibility on the towns, which animal welfare people say serves as a disincentive to a town considering the prosecution of an abusive pet owner. Both supporters and opponents of Bradley’s bill have testified that authorities did not act quickly enough once they learned of problems with Fay’s Great Danes.
Last December, Circuit Judge Charles Greenhalgh found Fay guilty of animal cruelty and gave her a one-year suspended jail sentence, ordering her to pay restitution of $773,887.63 to the Humane Society of the United States which is caring for the seized dogs, $16,300 to the town of Wolfeboro, and $1,500 to Pope Memorial SPCA of Concord Merrimack County.
The sentence has been stayed because of Fay’s appeal to Carroll County Superior Court.
Bradley’s bill has gained traction and, on Feb. 20, the Senate Energy and Natural Resources Committee voted to recommend an amended version of the bill to the full senate.
The amendment redefined the threshold set for the definition of a commercial kennel. The original bill defined a kennel as having five or more breeding females, 10 or more litters a year, or 50 puppies in a 12-month period. Dog owners complained that many pet owners prefer not to neuter their animals, but they would be forced to pay a kennel licensing fee and allow a pre-inspection and spot inspections at any time if they had five unspayed females.
The amendment reset that threshold to seven breeding females, which lawmakers felt should exempt the majority of those who simply keep dogs as pets.
During earlier testimony on Bradley’s bill, many farmers and dog owners objected to the requirement that owners of seized animals must post a bond of $2,000 per animal or forfeit the animal. The bond would renew every 30 days while the case remained in court, creating a significant financial burden, especially for those of modest means whose sole companionship might come from a pet.
Furthermore, current law imposes no penalty until someone is found guilty, but Bradley stripped that provision, making the bond a requirement at the time someone is charged. Opponents said that violates the guarantee of due process, and the bill contains no provision for returning the money if the person is found not guilty.
Supporters of Bradley’s bill point out that authorities must have probable cause to obtain the court warrant necessary to seize animals, and say the fear of false charges is unwarranted.
Scruton’s alternative bill would have the Speaker of the House appoint four members to the study committee, and the President of the Senate to appoint one. On the House side, there would be one member appointed from the Fish and Game and Marine Resources Committee, two members from the Environment and Agriculture Committee, and one member from the Criminal Justice and Public Safety Committee.
They would be charged with reviewing the available information and filing a report with recommendations in November.
22 February 2018
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