2017 -- H 6357

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LC002918

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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 - ANIMAL CARE

     

     Introduced By: Representatives Corvese, and Azzinaro

     Date Introduced: June 22, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 4-19-1, 4-19-2, 4-19-8, 4-19-9 and 4-19-12 of the General Laws in

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Chapter 4-19 entitled "Animal Care" are hereby amended to read as follows:

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     4-19-1. Purpose.

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     The purpose of this chapter is:

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     (1) To protect the owners of dogs and cats from the sale or use of stolen pets;

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     (2) To ensure that all warm-blooded, vertebrate animals, in the care of facilities licensed

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or registered under this chapter, are provided humane care and treatment by regulating the

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transportation, sale, purchase, housing, care, handling, and treatment of these animals by persons

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or organizations engaged in transporting, handling, housing, and care of these animals;

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     (3) To ensure that animals confined in pet shops, kennels, animal shelters, auction

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markets, breeding facilities, and pounds are provided humane care and treatment;

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     (4) To release for sale, trade, or adoption only those animals that appear to be free of

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infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is

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assured; and

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     (5) To ensure the spaying and neutering of dogs and cats that are adopted from a

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releasing agency.

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     4-19-2. Definitions.

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

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this chapter:

 

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

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

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

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sanitized receptacle, dish, or container.

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

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

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

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

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

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

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

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department.

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

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

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

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

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

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goats, swine, and domestic fowl.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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Island.

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

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

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

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

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

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

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

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

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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

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loss of consciousness.

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

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

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

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

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

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enclosure or enclosures.

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

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

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

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animal-control officer, or broker that is required to be licensed or registered with the director

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

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

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

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association, trust, estate, or other legal entity.

 

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

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

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

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

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set forth in § 4-25-1(4).

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

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

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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

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animals.

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

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

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restrict the liberty of the animal.

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

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

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group, or by weight.

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

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

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conducted, or attempted.

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

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minimum, agents injurious to health.

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

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the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.

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

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

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environmental management.

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     4-19-8. Denial of certificates of registration or licenses.

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     (a) A certificate of registration may be denied to any pound or animal shelter, rescue,

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broker, and a license may be denied to any public auction, kennel, breeder, pet shop, or dealer or,

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if granted, the certificate or license may be revoked by the director if, after a hearing, it is

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determined that the housing facilities and/or primary enclosures are inadequate for the purposes

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of this chapter or if the feeding, watering, sanitizing, and housing practices at the pound, animal

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shelter, public auction, pet shop, or kennel are not consistent with the intent of this chapter or

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with the intent of the rules and regulations that may be promulgated pursuant to the authority of

 

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this chapter.

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     (b) Upon revocation of a certificate of registration, all animals in the possession of the

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pound, rescue, broker, or animal shelter must be transferred to another licensed releasing agency

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for disposition.

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     (c) Upon the revocation of a license, all animals in the possession of the public auction,

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kennel, pet shop, breeder, or dealer must be disposed of by the former licensee in a manner

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approved by the department. Such disposition must not be for profit and must occur in a

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timeframe that is determined by the department. Inspectors from the department or from the

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Rhode Island Society for the Prevention of Cruelty to Animals must have access to the facility

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where the animals being housed by the former licensee are being held until disposition so that the

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welfare of said animals can be assured.

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     4-19-9. Operation of pet shop, kennel or public auction without a license. Operation

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as a pet shop, kennel, breeder or public auction without a license.

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     Any person who operates as a pet shop, kennel, breeder, or public auction without a

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currently valid license shall, upon conviction, plea of guilty, or plea of nolo contendere, be

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punished pursuant to § 4-19-11.3. Each day of operation shall constitute a separate offense.

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Advertisement of services consistent with the operation of a pet shop, kennel, or public auction

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shall be sufficient evidence of operation of a pet shop, kennel, breeder, or public auction as

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applicable.

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     4-19-12. Disposition of animals.

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     (a) Notwithstanding any provision of the general or public laws to the contrary, it shall be

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unlawful to dispose of any animal by using a carbon monoxide chamber or gas chamber. All

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animals that must be disposed of by a municipal pound or shelter, the humane society, an animal

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shelter, rescue, pet shop, breeder, kennel, or any other entity that is required to be licensed or

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registered under this chapter must be disposed of by lethal injection. In the event of an

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emergency, if a licensed veterinarian cannot be secured without undue delay and, in the opinion

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of the animal-control officer, animal-control administrator, approved humane investigator, animal

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shelter employee, or agent of any other entity so required to be licensed under the provisions of

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this chapter, the animal is so severely injured, diseased, or suffering in such a manner the animal

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cannot otherwise be humanely destroyed in an expeditious manner, the animal may be destroyed

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by shooting; provided, that:

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     (1) Maximum precaution is taken to minimize the animal's suffering and to protect other

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persons and animals;

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     (2) The animal is restrained in a humane manner;

 

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     (3) Shooting is performed by highly skilled and trained personnel utilizing a weapon,

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ammunition of suitable caliber, and other characteristics, and proper placement of the shot to

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produce an instantaneous death by a single gunshot.

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     If any type of restraint or confinement is deemed necessary for the safety of those

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involved, or for efficiency in euthanizing the animal, it must be done in the most humane way

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possible to cause the least amount of additional stress to that animal.

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     (b) (1) No dog officer shall give or sell, or negotiate for the gift or sale, to a dealer or

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research facility of any animal that may come into his or her custody in the course of carrying out

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his or her official assignments.

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     (2) No dog officer shall be granted a dealer's license. Each application for a dealer's

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license shall include a statement made under oath, that neither the applicant, nor any member or

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employee of the firm, partnership, or corporation making application, is a dog officer within the

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meaning of this chapter.

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     (3) A dog officer, or other licensed releasing agency, upon taking custody of any animal

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in the course of his, her, or its official duties, shall immediately make a record of the matter in the

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manner prescribed by the director and the record shall include a description of the animal,

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including: color, breed, sex, reason for seizure, location of seizure, the owner's name and address

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if known, and all license or other identification numbers if any. Complete information relating to

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the disposition of the animal, including compliance with the provisions of §§ 4-19-16 and 4-19-

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18 and any legal actions taken to uphold and enforce this law, shall be added in the manner

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provided by the director immediately after disposition. The information shall be forwarded

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monthly to the department of environmental management.

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     (c) This section shall not apply to any research laboratories or facilities of any hospital,

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college, or university within the state.

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     SECTION 2. Chapter 4-19 of the General Laws entitled "Animal Care" is hereby

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amended by adding thereto the following section:

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     4-19-5.1. Breeder licenses.

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     No person shall act as a breeder, as defined in §4-19-2 unless in possession of a valid

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license to operate as a breeder granted by the director. Application for that license shall be made

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in the manner provided by the director. The license period is the state's fiscal year and the license

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fee is one hundred dollars ($100.00) for each license period or partial period beginning with the

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first day of the fiscal year.

 

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     SECTION 3. This act shall take effect upon passage.

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LC002918

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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 impose on breeders requirements already in place on other pet custodial

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agencies.

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     This act would take effect upon passage.

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