2013 -- S 0407 SUBSTITUTE A

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LC01360/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

     Introduced By: Senators Ciccone, and DiPalma

     Date Introduced: February 26, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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the Rhode Island veterinary medical association; and

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

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

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

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

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

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

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

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

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environment in which the animal is kept must be of sufficient size so as not to inhibit comfortable

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rest, normal posture or range of movement, and suitable to maintain the animal in a good state of

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health. "Adequate living conditions" for livestock as defined in subsection 4-26-3(7) shall mean

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best management practices established, no later than July 1, 2014, by the Rhode Island livestock

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welfare and care standards advisory council.

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

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

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the acts and knowledge of that corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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use.

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

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

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

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

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     SECTION 3. This act shall take effect upon passage.

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LC01360/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

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

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

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

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“adequate living conditions” as used in the section.

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     This act would take effect upon passage.

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LC01360/SUB A

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