2013 -- H 5494 SUBSTITUTE B

=======

LC01282/SUB B

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     Introduced By: Representatives DeSimone, Ackerman, Lima, Fellela, and Shekarchi

     Date Introduced: February 14, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 4-1-1 and 4-1-3 of the General Laws in Chapter 4-1 entitled

1-2

"Cruelty to Animals" are hereby amended to read as follows:

1-3

     4-1-1. Definitions -- Responsibility for agents and employees. -- (a) In this chapter and

1-4

in sections 4-4-9, 4-4-10, and 23-19-8:

1-5

      (1) "Animal" and "animals" means every living creature except a human being;

1-6

      (2) "Licensed graduate veterinarian" or "veterinarian" means a person licensed to engage

1-7

in the practice of veterinary medicine, surgery, and dentistry in this state who is a graduate of an

1-8

accredited veterinary medical, surgical, and dental school or college of a standard recognized by

1-9

the Rhode Island veterinary medical association; and

1-10

      (3) "Owner", "person", and "whoever" means corporations as well as individuals.

1-11

      (4) "Guardian" shall mean a person(s) having the same rights and responsibilities of an

1-12

owner, and both terms shall be used interchangeably. A guardian shall also mean a person who

1-13

possesses, has title to or an interest in, harbors or has control, custody or possession of an animal

1-14

and who is responsible for an animal's safety and well-being.

1-15

     (5) Except for livestock as defined in subsection 4-26-3(7), "adequate living conditions"

1-16

shall mean a sanitary environment which is dry and free of accumulated feces and free of debris

1-17

and garbage that may clutter the environment, pose a danger or entangle the animal. The

1-18

environment in which the animal is kept must be consistent with federal regulatory requirements,

1-19

where applicable or generally recognized professional standards, where applicable, or otherwise

1-20

be of sufficient size so as not to inhibit comfortable rest, normal posture or range of movement,

2-1

and suitable to maintain the animal in a good state of health. "Adequate living conditions" for

2-2

livestock as defined in subsection 4-26-3(7) shall mean best management practices established,

2-3

no later than July 1, 2014, by the Rhode Island livestock welfare and care standards advisory

2-4

council.

2-5

      (b) The knowledge and acts of agents of and persons employed by corporations in regard

2-6

to animals transported, owned or employed by or in the custody of that corporation are held to be

2-7

the acts and knowledge of that corporation.

2-8

     4-1-3. Unnecessary cruelty. -- (a) Every owner, possessor, or person having the charge

2-9

or custody of any animal, who cruelly drives or works that animal when unfit for labor, or cruelly

2-10

abandons that animal, or who carries that animal or who fails to provide that animal with

2-11

adequate living conditions as defined in section 4-1-1, or causes that animal to be carried, in or

2-12

upon any vehicle or otherwise in a cruel or inhuman manner, or willfully, intentionally,

2-13

maliciously, recklessly, and/or knowingly authorizes or permits that animal to be subjected to

2-14

unnecessary torture, suffering or cruelty of any kind, or who places or causes to have placed on

2-15

any animal any substance that may produce irritation or pain, or that is declared a hazardous

2-16

substance by the U.S. food and drug administration or by the state department of health, shall be

2-17

punished for each offense in the manner provided in section 4-1-2.

2-18

      (b) The substances proscribed by subsection (a) do not include any drug having curative

2-19

and therapeutic effect for disease in animals and which is prepared and intended for veterinary

2-20

use.

2-21

     (c) University, college or hospital research facilities licensed and/or inspected by the U.S.

2-22

Department of Agriculture or the U.S. Public Health Service of the department of health and

2-23

human services shall be exempt from the provisions of subsection (a) provided that they are in

2-24

good standing with the federal agency responsible for licensing or assurance of the facility.

2-25

     SECTION 2. This act shall take effect upon passage.

=======

LC01282/SUB B

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

***

3-1

     This act would expand the meaning of unnecessary cruelty to one who willfully,

3-2

intentionally, maliciously, recklessly and/or knowingly authorizes or permits that animal to be

3-3

subjected to unnecessary torture, suffering or cruelty of any kind. This act would also defines

3-4

“adequate living conditions” as used in the section.

3-5

     This act would take effect upon passage.

=======

LC01282/SUB B

=======