HB1766 — relative to cruelty to livestock.

HB 1766-FN - ASVERSION AMENDEDADOPTED BY THEBOTH HOUSEBODIES 11Mar2026...

0985h SESSION04/23/2026 26-28391432s 08/0921May2026... HOUSE BILL 1766-FN AN ACT relative to cruelty to livestock.

2129EBA SESSION 26-2839 08/09 HOUSE BILL 1766-FN AN ACT relative to cruelty to livestock.

HB 1766-FN - ASVERSION AMENDEDADOPTED BY THEBOTH HOUSEBODIES 11Mar2026...

0985h 26-283904/23/2026 08/091432s STATE21May2026... OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to cruelty to livestock.

2129EBA 26-2839 08/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to cruelty to livestock.

IV-b.(a) Any person charged with cruelty to animals under RSAparagraph 644:8 paragraphs III or III-III-a a concerning livestock may have his or her livestock confiscated by the arresting officer.

No animal shall be confiscated unless a person is charged under this section, except when there is probable cause to believe the livestock's life is in imminent dangerThedanger. investigating officer for a case involving livestock as defined in RSA 427:38, III shall be accompanied by the state veterinarian or designee in person or by video who shall determine whether there is probable cause to believe that HB 1766-FN - AS AMENDED BY THE HOUSE - Page 2 - the livestock should be confiscated.

AnyThe personinvestigating notofficer chargedfor withina 7case daysinvolving ofHB having1766-FN their- VERSION ADOPTED BY BOTH BODIES - Page 2 - livestock confiscatedas defined in RSA 427:38, III shall havebe themaccompanied returned.by the state veterinarian or designee, to include New Hampshire department of agriculture, markets, and food staff, or a licensed veterinarian, or other qualified staff from an animal shelter facility approved by the state veterinarian, in person or by video who shall determine whether there is probable cause to believe that the livestock should be confiscated.

(b)Livestock Aconfiscated personwithout chargeda underwarrant thiswhere section may petition the court to seek an examination of the livestock by a veterinariancharge licensedhas undernot RSAbeen 332-Bfiled ofshall hisbe orreturned herwithin choice10 atdays. the expense of the person charged.

(b) The persondepartment chargedof justice shall develop a form to be madedistributed awareto ofany suchperson rightcharged inwith writingcruelty byto theanimals arrestingunder officer.paragraph III or III-a, concerning livestock.

(c)The Courtsform shall giveinform casesthe inperson whichof livestocktheir right to have beenthe confiscated livestock examined by ana arrestingveterinarian officerlicensed priorityunder onRSA 332-B, chosen by the courtperson calendar.charged, at the person's expense.

In(c) Courts shall give cases in which livestock have been confiscated by an arresting officer orpriority hison or her agency, a status hearing shall be held by the court withincalendar, 14as daysoutlined ofin theRSA confiscation644:8, ofIV(a)(3). the livestock.

(g) The costs to provide the confiscated livestock with humane care and adequate and necessary veterinary services, if any, incurred in boarding and treating the livestock, pending disposition of the case, and in disposing of the livestock upon a conviction of said person for cruelty HB 1766-FN - VERSION ADOPTED BY BOTH BODIES - Page 3 - to animals regarding livestock, shall be borne by the person so convicted in accordance with rules adopted by the department of agriculture, markets, and food.

HB 1766-FN - AS AMENDED BY THE HOUSE - Page 3 - (h) Any donations raised using the stories or likenesses of the animals in protective custody shall be used to offset the cost of care of such animals.

UnlessFor chargesany havelivestock beenconfiscated filedwithout or a warrant establishingwhere probablea causecharge has not been issued,filed, the confiscated livestock shall be returned towithin the10 ownerdays. or their designee or caretaker upon request.

If, after 710 days, the livestock 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.

(b) For purposes of subparagraph (a)(a), the investigating officer for livestock, as defined in RSA 427:38, III, shall be accompanied by the state veterinarian or their designee in person or by video who shall set the probable cause criteria for taking the livestock.

(d) No person, other than the state veterinarian or their designee, or an employee of a government agency with jurisdiction to investigate violations of this section, and whichwho is conducting an investigation under this section, may take part during any investigation into a complaint conducted pursuant to this section.

No person who may be called upon to take custody of any livestock seized as a result of a complaint under this section may participate in the decision to seize HB 1766-FN - VERSION ADOPTED BY BOTH BODIES - Page 4 - any livestock.

(e)The Inact orderof tomaking protector theforwarding integritya of complaint investigationsdoes annot appropriatemake lawa enforcement officer shall require any person orpart their designated agent called upon to take custody of HBan 1766-FNinvestigation -and ASdoes AMENDEDnot BYrender THEthat HOUSEperson -ineligible Page 4 - any livestock seized or to assisttake duringanimals anyinto complaintcustody. 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;

(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 custody of any livestock 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;

If the treating veterinarian believes that livestock which has been confiscated is in a state of suffering and that the cost to alleviate the suffering will exceed the amount of allowable reimbursement as set by Agr 3504.01(c)(8)3504.01(c)(8), unless the owner pays for the care,care or surrenders the animal outright or for care by an animal shelter facility, the animal shall be euthanized.

LBA 26-2839 04/02/202604/24/2026 HB 1766-FN- FISCAL NOTE AS AMENDED BY THE HOUSESENATE (AMENDMENT # 2026-0985h)2026-1432s) AN ACT relative to cruelty to livestock.

ThisThe Office of Legislative Budget Assistant states this bill doeshas notno providefiscal funding,impact noron doesstate, itcounty authorizeand newlocal positions.expenditures or revenue.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures* $0 $165,500 $245,000 $248,000 Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 Indeterminable County Expenditures $0 Indeterminable Local Revenue $0 Indeterminable Local Expenditures $0 Indeterminable METHODOLOGY:

This bill establishes procedures for the confiscation and care of livestock in animal cruelty cases, including requirements for investigation, custody, hearings, and disposition of livestock.

The Department of Agriculture, Markets, and Food states this bill would require the State Veterinarian’s office to respond to and investigate complaints involving livestock, including field investigations, coordination with law enforcement, communication with animal owners, report writing, and follow-up activities.

The Department assumes there would be more than 50 calls per week and at least 50 investigations annually, each requiring multiple days of staff time.

The Department states the work required by this bill cannot be absorbed within its existing budget and would require additional staffing and resourceIt anticipates needing one (1) Animal Health Technician (SOC 19-4010;

start date January 1, 2027) at an estimated cost of $85,000 in FY 2027 (including vehicle and initial equipment costs), $84,000 in FY 2028, and $87,000 in FY 2029.

The Department also anticipates needing one (1) Veterinarian (start date January 1, 2027) at an estimated cost of $80,500 in FY 2027 and $161,000 in each FY 2028 and FY 2029.

The total for both positions would be $165,500 in FY 2027, $245,000 in FY 2028, and $248,000 in FY 2029.

These positions are neither authorized nor funded in this bill.

The Department may seek funding in a future biennial budget request.

The Judicial Branch states this bill aligns with existing court processes for animal cruelty cases and therefore does not result in any additional fiscal impact to the Branch.

Lastly, the fiscal impact of this bill on counties and municipalities is indeterminable.

Local law enforcement agencies, animal control officers, and other entities may incur costs related to the investigation, transportation, care, and custody of livestock;

however, the extent of any such impact will depend on the number and complexity of cases, the duration of custody, and the applicability of cost recovery.

Department of Agriculture, Markets,Markets and Food and Judicial Branch