2013 -- S 0316 SUBSTITUTE A

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LC01359/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

     Introduced By: Senators Bates, and Ottiano

     Date Introduced: February 13, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-19-16, 4-19-17 and 4-19-18 of the General Laws in Chapter 4-19

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entitled "Animal Care" are hereby amended to read as follows:

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     4-19-16. Mandatory spaying and neutering of dogs and cats adopted from a licensed

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releasing agency. -- (a)(1) No licensed releasing agency shall release, sell, trade, give away,

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exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been

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spayed or neutered unless the adopting party executes a written agreement with the licensed

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releasing agency to have the dog or cat spayed or neutered in accordance with subdivisions (2)

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and (3) within thirty (30) days of the adoption date or within thirty (30) days from the date that

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the dog or cat reaches sexual maturity, with the cost of the spaying or neutering to be the

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responsibility of the adopting party.

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     (2) The licensed releasing agency is authorized to enter into a written adoption agreement

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with the adopting party provided that at the time of execution of the written agreement, the

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licensed releasing agency collect from the adopting party an amount equal to the cost to the

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licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written

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agreement must include the dog or cat's age, sex, and general description; the date of the adoption

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agreement was executed; and the date by which the licensed releasing agency anticipates that the

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dog or cat must will be spayed or neutered; the date by which the adoptive party shall claim the

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dog or cat; the adopting party's name, address, phone number, and signature; the licensed

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releasing agency's name, address, phone number, and the dollar amount of the deposit remitted to

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the licensed releasing agency for the cost of spaying or neutering the dog or cat.

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     (3) In addition to executing the written agreement the adopting party must leave with the

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licensed releasing agency a deposit of not less than twenty dollars ($20.00) and not more than

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forty dollars ($40.00). The amount of the deposit shall be determined by the licensed releasing

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agency. This deposit will be refunded by the licensed releasing agency to the adopting party upon

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presentation of a written statement or receipt from a licensed veterinarian of the adopting party's

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choice where the dog or cat was spayed or neutered providing that the spaying or neutering was

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performed within the thirty (30) day period. After execution of the agreement, the licensed

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releasing agency shall cause the dog or cat to be spayed or neutered and, when medically fit, shall

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transfer custody of the dog or cat to the adopting party. Any dog or cat that is not claimed by the

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adoptive party within ten (10) days of the date enumerated in the written adoption agreement

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shall be considered unclaimed and may be offered for adoption to another party.

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      (4) Alternatively, the licensed releasing agency shall make appropriate arrangements for

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the spaying or neutering of the dog or cat by a licensed veterinarian and have the surgery

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completed before releasing the dog or cat to the adopting party.

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     (b) The following are exemptions from the provisions of subsection (a):

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     (1) (i) A licensed releasing agency returns a stray dog or cat to its owner.

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     (ii)(2) A licensed releasing agency receives a written report from a licensed veterinarian

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stating that the life of the dog or cat would be jeopardized by the surgery and that this health

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condition is likely to be permanent.

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     (iii)(3) A licensed releasing agency receives a written report from a licensed veterinarian

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stating that there is a temporary health condition, including sexual immaturity, which would make

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surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing

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agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon

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resolution of the temporary health condition or the animal reaching maturity and shall collect

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from the adopting party an amount equal to the cost to the licensed releasing agency for the

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spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then

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allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the

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licensed releasing agency for spaying or neutering upon resolution of the temporary health

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condition or the animal reaching sexual maturity. The licensed releasing agency may grant the

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adopting party an appropriate extension of time in which to have the dog or cat spayed or

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neutered based on the veterinarian's report.

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     (iv)(4) A licensed releasing agency transfers a dog or cat to another licensed releasing

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agency.

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      (2) The exemptions provided in subdivisions (ii) and (iii) above are only applicable if the

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licensed releasing agency receives a written report from a licensed veterinarian within the thirty

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(30) day period during which the spaying or neutering would otherwise be required, or in the case

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of a report contemplated by subdivision (ii), the report may be provided to the licensed releasing

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agency during any temporary extension period provided by subdivision (iii) if the health

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condition of the dog or cat has changed.

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      (c) If requested to do so, a licensed releasing agency shall refund deposited funds fees

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collected for the purpose of spaying or neutering the dog or cat to the adopting party upon

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reasonable proof being presented to the releasing agency by the adopting party that the dog or cat

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died before the expiration of the period during which the spaying or neutering was required to be

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completed.

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      (d) Any and all licensed releasing agencies:

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      (1) May enter into cooperative agreements with each other and with veterinarians in

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carrying out this section; and

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      (2) Shall make a good faith effort to cause an adopting party to comply with this section.

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     4-19-17. Forfeited deposits Forfeited fees. -- Upon request, the adoptive party shall

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receive a refund for the fee collected by the licensed releasing agency under the provisions of

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subsection 4-19-16(a) provided that the licensed releasing agency has not caused the dog or cat to

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be spayed or neutered at the time the request for such refund is made. Deposits required by

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section 4-19-16 and section 4-19-12 which are unclaimed after sixty (60) days from the date of

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adoption or sixty (60) days from when the dog or cat reaches sexual maturity, whichever is later,

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will be forfeited by the adopting party and retained by the licensed releasing agency and shall be

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used for the following purposes:

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     (1) [Deleted by P.L. 2005, ch. 125, section 1 and P.L. 2005, ch. 203, section 1].

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     (2) To spay and neuter dogs and cats that are available for adoption by the licensed

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releasing agency; and

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     (3) A follow-up program to create tracking procedures to assure that dogs and cats

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adopted from the licensed releasing agency are spayed or neutered; and

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     (4) [Deleted by P.L. 2005, ch. 125, section 1 and P.L. 2005, ch. 203, section 1].

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     4-19-18. Penalties for violations. -- (a) Violations of the provisions of section 4-19-16 or

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the written agreement executed pursuant to section4-19-16 by an adopting party are punishable

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by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the

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second offense and four hundred dollars ($400) for the third and subsequent offenses. Each and

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every incidence of non-compliance by an adopting party which continues unremedied for thirty

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(30) days after written notice of a violation under this section constitutes a subsequent offense

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and the attendant penalties will apply. Second and subsequent offenses may constitute grounds

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for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a

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police officer for the city or town in which the adopting party resides, and the seized animal will

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be returned to the licensed releasing agency from which it was adopted, which licensed releasing

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agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all

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ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog

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or cat, and shall have no claim against the licensed releasing agency or any other person for any

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expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of

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sections 4-19-16 -- 4-19-18 will be enforced against an adopting party by a dog officer or a police

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officer for the city or town in which the adopting party resides. Licensed releasing agencies must

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notify the animal control officer or police officer in the city or town in which the adopting party

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resides, in writing, within fourteen (14) days of any violation of the provisions of section 4-19-16.

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     (b) Violations of section 4-19-16 or 4-19-17 by a licensed releasing agency are

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punishable by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars

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($250) for the second offense and five hundred dollars ($500) for the third and subsequent

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offenses. The third and subsequent offenses may result in the temporary or permanent revocation

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of the licensed releasing agency's license to operate. Compliance by the releasing agency with

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sections 4-19-16 -- 4-19-18 will be monitored as to the licensed releasing agencies by the state

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veterinarian. The provisions of sections 4-19-16 through 4-19-18 will be enforced against a

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licensed releasing agency by the division of law enforcement of the department of environmental

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management.

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     (c) All fines collected under subsection (a) will be remitted to the town or city clerk of

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the municipality where the adopting party of the dog or cat resides. These fines shall be used by

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the municipality only for programs for the spaying or neutering of dogs or cats. All fines

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collected under subsection (b) will be remitted to the general treasurer and placed in a separate

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fund within the general fund to be called the "Animal Health Fund" which shall be administered

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by the general treasurer in the same manner as the general fund. All funds deposited in the

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"Animal Health Fund" shall be made available to the department of environmental management

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division of agriculture to defray any costs or expenses incurred by the state veterinarian in the

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enforcement of sections 4-19-16, 4-19-17 and 4-19-18.

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SECTION 2. This act shall take effect upon passage.

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LC01359/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

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     This act would regulate the spaying and neutering of dogs and cats adopted from a

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licensed releasing agency.

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     This act would take effect upon passage.

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LC01359/SUB A

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