2017 -- H 5875

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LC001984

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY

     Introduced By: Representatives Edwards, Bennett, Serpa, Lima, and O'Brien

     Date Introduced: March 08, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 4-19-2 and 4-19-4 of the General Laws in Chapter 4-19 entitled

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

     4-19-2. Definitions.

     As used in this chapter, chapter 13 of this title, and the regulations promulgated under

this chapter:

     (1) "Adequate feed" means the provision at suitable intervals, not to exceed twenty-four

(24) hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to

maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a

sanitized receptacle, dish, or container.

     (2) "Adequate water" means a constant access to a sufficient supply of clean, fresh,

potable water provided in a sanitary manner and provided at suitable intervals for the species to

maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.

     (3) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent

the animal from experiencing unnecessary or unjustified physical pain or suffering.

     (4) "Adopt" means when an adopting party voluntarily acquires and assumes

responsibility for an animal from a releasing agency that is properly licensed or registered by the

department.

     (5) "Adopting party" means any person who enters into a contract acquiring an animal

from a releasing agency that is properly licensed or registered by the department.

     (6) "Ambient temperature" means the temperature surrounding the animal.

     (7) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other

warm-blooded vertebrate, amphibian, fish, or reptile but shall not include horses, cattle, sheep,

goats, swine, and domestic fowl.

     (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar

facility, that is owned, operated, or maintained by a duly incorporated humane society, animal

welfare society, society for the prevention of cruelty to animals, or other nonprofit organization

devoted to the welfare, protection, and humane treatment of animals intended for adoption.

     (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain

animals and that is owned, operated, or maintained by a duly incorporated humane society,

animal welfare society, society for the prevention of cruelty to animals, or other nonprofit

organization devoted to the welfare, protection, and humane treatment of animals.

     (10) "Breeder" means a person engaged in the propagation of purebred or crossbred dogs

and/or cats for the purpose of improving and enhancing a breed recognized and registered by the

American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale

at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.

     (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates

transfer of ownership of animal(s), through adoption or fostering, from one party to another,

whether or not the party receives a fee for providing that service and whether or not the party

takes physical possession of the animal(s) at any point.

     (12) "Dealer" means any person who sells, exchanges, or donates, or offers to sell,

exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds

animals for the purpose of selling or donating to another dealer or pet shop or research facility.

     (13) "Director" means the director of environmental management of the state of Rhode

Island.

     (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or

appointed by the state, or any political subdivision of the state, for the purpose of aiding in the

enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, cats,

or other animals; the control of dogs, cats or other animals; or the seizure and impoundment of

dogs, cats, or other animals and includes any state or municipal peace officer, animal-control

officer, sheriff, constable, or other employee whose duties, in whole or in part, include

assignments that involve the seizure or taking into custody of any dog, cat, or other animal.

     (15) "Euthanasia" means the humane destruction of an animal accomplished by a method

that involves instantaneous unconsciousness and immediate death or by a method that involves

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anesthesia, produced by an agent that causes painless loss of consciousness and death during that

loss of consciousness.

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

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

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

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

     (17) "Hobby breeder" means those persons whose regular occupation is not the breeding

and raising of dogs and cats and whose method of sale is at retail only. A hobby breeder shall not

exceed the limits set forth in § 4-25-1(4). Any person who sells at retail a number in excess of the

limits in the aforementioned section shall be considered a pet shop.

     (18) "Housing facility" means any room, building, or area used to contain a primary

enclosure or enclosures.

     (19) "Humane animal welfare group" means any legal entity that is engaged in the

activity of trapping feral cats for the purpose of spaying or neutering, provided:

     (i) The cats will be released at the same location where originally trapped; and

     (ii) The cats will have been spayed or neutered by a licensed veterinarian, vaccinated for

rabies and feline distemper, and identified with a left ear tip.

     (19)(20) "Kennel" means a place or establishment, other than a pound or animal shelter,

where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.

     (20)(21) "Licensed releasing agency" means any animal shelter, animal-rescue, pound,

animal-control officer, humane animal welfare group, or broker that is required to be licensed or

registered with the director pursuant to the provisions of this chapter and is so licensed or

registered.

     (21)(22) "Neuter" means to surgically render a male dog or cat unable to reproduce.

     (22)(23) "Person" means any individual, partnership, firm, joint stock company,

corporation, association, trust, estate, or other legal entity.

     (23)(24) "Pet shop" means a temporary or permanent establishment where animals are

bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall

not include an establishment or person whose total sales are the offspring of canine or feline

females maintained on their premises and sold from those premises and does not exceed the limits

set forth in § 4-25-1(4).

     (24)(25) "Pound" or "dog pound" means a facility operated by a state, or any political

subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless,

abandoned, or unwanted dogs, cats, and other animals or a facility operated for that purpose under

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a contract with any municipal corporation or incorporated society for the prevention of cruelty to

animals.

     (25)(26) "Primary enclosure" or "enclosure" means the most proximal barrier to an

animal that will have the intended purpose or effect of containment of that animal or that will

effectively restrict the liberty of the animal.

     (26)(27) "Public auction" means any place or location where dogs or cats are sold at

auction to the highest bidder regardless of whether those dogs or cats are offered as individuals,

as a group, or by weight.

     (27)(28) "Research facility" means any place, laboratory, or institution at which scientific

tests, investigations, or experiments, involving the use of living animals, are carried out,

conducted, or attempted.

     (28)(29) "Sanitize" means to make physically clean and to remove and destroy, to a

practical minimum, agents injurious to health.

     (29)(30) "Sexual maturity" means when a dog or cat reaches six (6) months. In all

instances, the licensed, releasing agency or a licensed veterinarian will determine the age of the

dog or cat.

     (30)(31) "Spay" means to surgically render a female dog or cat unable to reproduce.

     (31)(32) "State veterinarian" means a licensed veterinarian from the department of

environmental management.

     4-19-4. Registration of animal shelters, rescues, and brokers Registration of animal

shelters, rescues, humane animal welfare groups, and brokers.

     No person shall operate an animal shelter, rescue, humane animal welfare group, or

broker unless a certificate of registration for that animal shelter, rescue, humane animal welfare

group, or broker has been granted by the director. Application for that certificate shall be made in

the manner provided by the director. No fee is required for the application or certificate.

Certificates of registration are valid for a period of one year, or until revoked, and may be

renewed annually on the first day of January for like periods upon application in the manner

provided.

     SECTION 2. Section 4-24-8 of the General Laws in Chapter 4-24 entitled "Permit

Program for Cats" is hereby amended to read as follows:

     4-24-8. Abandonment of cats.

     If any cat is abandoned by their owner or any person having charge or custody of that cat,

that person shall, for each offense be punished in the manner provided in § 4-1-2. This section

shall not apply to a "humane animal welfare group: as defined in §4-19-2.

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     SECTION 3. 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

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     This act would exempt a "humane animal welfare group" from the offense of the

abandonment of cats.

     This act would take effect upon passage.

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