CHAPTER 288
HB 1430 – FINAL VERSION
06Feb2008… 0291h
18Mar2008… 0663h
05/15/08 1942s
04Jun2008… 2120eba
2008 SESSION
08/09
HOUSE BILL 1430
AN ACT relative to the application of animal cruelty laws to horse and dog race tracks.
SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Schmidt, Straf 4; Rep. Splaine, Rock 16; Rep. Cooney, Graf 7; Sen. Roberge, Dist 9
COMMITTEE: Environment and Agriculture
This bill applies animal cruelty laws to horse and dog race tracks.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Feb2008… 0291h
18Mar2008… 0663h
05/15/08 1942s
04Jun2008… 2120eba
08-2151
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the application of animal cruelty laws to horse and dog race tracks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
288:1 Cruelty to Animals; Exemption for Pari-mutuel Facilities. Amend RSA 644:8, IV-a(a) to read as follows:
(a) Except as provided in [subparagraph (b)] subparagraphs (b) and (c) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when 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. 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 or society. The department or society 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.
288:2 Cruelty to Animals; Pari-mutuel Facilities. RSA 644:8, IV-a(c) is repealed and reenacted to read as follows:
(c)(1) For purposes of subparagraph (a), for facilities licensed to conduct live running or harness horseracing or live dog racing pursuant to RSA 284, the appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society shall:
(A) Notify the director of the pari-mutuel commission of the circumstances arising under subparagraph (a);
(B) Enter the grounds of the facility with the director of the pari-mutuel commission or such person designated by the director of the pari-mutuel commission;
(C) Take such horses or dogs into temporary protective custody as determined by the director of the pari-mutuel commission or such person designated by the director of the pari- mutuel commission; and
(D) Comply with subparagraph (a) after taking a horse or dog from a facility licensed pursuant to RSA 284 into temporary protective custody.
(2) This paragraph shall not preempt existing or enforcement authority of the pari-mutuel commission, pursuant to RSA 284 or rules and regulations adopted pursuant to such authority.
288:3 Contingency. If this act takes effect, then section 2 of HB 1143 of the 2008 legislative session shall not take effect.
288:4 Effective Date. This act shall take effect July 1, 2008.
Approved: June 27, 2008
Effective Date: July 1, 2008