2012 -- H 7139 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL ADVOCATE

     

     

     Introduced By: Representatives Petrarca, Winfield, Keable, and Azzinaro

     Date Introduced: January 17, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-1-31 of the General Laws in Chapter 4-1 entitled "Cruelty to

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Animals" is hereby amended to read as follows:

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     4-1-31. Assignment of state veterinarian. -- (a) Examination of fighting animals. - A

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licensed veterinarian from the department of environmental management, shall be made available

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to agents of the Rhode Island society for the prevention of cruelty to animals at the request of the

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state police for the purpose of examining any animal which those agents believe to have been

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involved in animal fighting in violation of section 4-1-2, 4-1-8, 4-1-9 or 4-1-11.

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      (b) Right of entry where cruelty suspected. - The director of the department of

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environmental management or any veterinarian employed by the department of environmental

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management designated by the director for such purpose, having reason to suspect the existence

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of cruelty to animals within the meaning of this chapter upon any grounds or premises, is hereby

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authorized and empowered to enter upon those grounds or premises for enforcement of the

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provisions of this chapter. For such inspections, the department shall, unless a search without a

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warrant is otherwise allowed by law, seek a search warrant from an official of a court authorized

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to issue warrants.

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     (c) The director of the department of environmental management may designate a

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department veterinarian or veterinarians to act as animal advocates. A general agent or special

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agent from the Rhode Island society for the prevention of cruelty to animals may also act in that

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capacity.

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     (d) The animal advocate shall make recommendations to any court before which the

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custody or well-being of an animal is at issue.

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     (e) Any animal care facility licensed by the United States department of agriculture or

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holding a public health service (PHS) assurance of compliance shall be exempt from the

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provisions of this section.

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     SECTION 2. This act shall take effect upon passage.

     

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL ADVOCATE

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     This act would allow state DEM veterinarians and/or a general or special agent from the

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Rhode Island SPCA to act as advocates for animals which are the subject of court actions.

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     This act would also exempt animal care facilities licensed by the United States

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department of agriculture or holding a public health service assurance of compliance from the

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provisions of this section.

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     This act would take effect upon passage.

     

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LC00546/SUB A/2

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H7139A