This story was originally produced by The Keene Sentinel. NHPR is republishing it in partnership with the Granite State News Collaborative.
The New Hampshire Society for Prevention of Cruelty to Animals says legislation that has passed the state House and is pending in the Senate would cripple animal cruelty investigations in New Hampshire.
State Rep. Judy Aron, R-Acworth, the author of House Bill 616, asserts it would simply clarify existing law and ensure due process is followed in animal welfare complaints and animal confiscation.
The bill states that any person who plays a role in the seizure of an animal can’t be called on to take possession of that animal. It also says that no confiscated animal can be used to solicit donations.
The New Hampshire Society for Prevention of Cruelty to Animals plays a role in investigations that lead to such seizures. It also cares for seized animals and solicits donations.
HB 616 would also require the state veterinarian or their designee to set the criteria for what constitutes a probable cause finding necessary for police to confiscate livestock.
Aron told the Senate Judiciary Committee on Tuesday that the bill came about after “a horrible animal seizure incident” last spring in Lee.
“While we all recognize that animal well-being is very important, we also need to make sure that when it comes to animal property seizure that due process is followed, and that animals and their owners are treated properly and fairly,” Aron said.
She said the bill was developed with assistance from the state’s Farm Bureau, Department of Agriculture, the University of New Hampshire Extension and livestock owners, among others.
“They felt that further language additions to existing statutes were needed to clarify procedures surrounding animal cruelty reporting and seizure to ensure due process is followed and to indicate who should and should not be involved in the process,” Aron said.
The incident Aron referred to involved Donna-Lee Woods, who has a goat milk dairy in Lee.
Last May, the Lee Police Department seized about 50 goats from her farm and the NHSPCA took them into protective custody. The NHSPCA said in a news release at the time that the animals were living in “unsafe and filthy” conditions.
But Woods testified Tuesday that the goats were being cared for properly. She said they were subjected to inhumane treatment when they were confiscated.
“The goats were screaming,” Woods said. “They were scared. The policeman would not let me near the goats to comfort them.”
She surrendered 54 goats to authorities. About 20 were euthanized and the rest were put up for adoption.
Henry Ahern, who owns a deer farm in Plymouth, also testified in favor of the bill.
“I have nightmares of somebody who has no knowledge of my animals drives by and says, ‘Oh, that one looks bad. I better report it.’
“And they report it and somebody shows up at my door and starts taking the deer.”
Michelle Murch, equine and farm program manager and humane agent for the NHSPCA, testified against the bill.
She said her organization cares for seized livestock at no cost to the state.
“Cruelty cases can take from 12 to 18 months to resolve in court and during that time the New Hampshire SPCA cares for those animals, the living evidence, on behalf of law enforcement,” Murch told the panel.
“HB 616 would prohibit soliciting donations for the care of these animals before a conviction is secured, which could severely limit our ability to provide this vital service. If shelters like the NHSPCA are unable to fundraise, municipalities, and by extension, taxpayers, will bear the financial burden.”
She also said the bill’s provisions would limit the organization’s ability to continue to assist law enforcement officers in animal cruelty investigations.
The NHSPCA’s website says HB 616 “is a dangerous and unworkable bill that would cripple animal cruelty investigations and put thousands of animals in jeopardy, with no one to help them.
It also says that over the past decade, the Stratham-based organization has conducted cruelty cases involving 14,000 animals.
“During those same 10 years, only 2 percent of the animals were seized and 9 percent were surrendered,” it says. “The rest of these animals were protected by educating owners and requiring them to improve conditions for the animals in their care. The work of humane agents is critical in New Hampshire and this misguided legislation would effectively end that work.”
Hudson Police Chief Tad Dionne testified on behalf of the N.H. Association of Chiefs of Police in opposition to the bill.
He said that although police agencies enforce animal cruelty laws, they were never contacted by those who wrote the bill.
“We do not feel that it clarifies anything,” Dionne said.
“Mandating a state veterinarian or a designee to set probable cause for a seizure of livestock will definitely overburden the state veterinarian and will slow down investigation, which could be detrimental to the animal’s health,” he said. “Also, it places a higher burden of establishing probable cause than any other criminal case.”
The Senate Judiciary Committee will eventually schedule a vote on HB 616 before forwarding it to the full Senate for further consideration. The House passed the bill on a voice vote on March 26.
