2019 -- S 0160

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- MANDATORY DOG AND

CAT MICROCHIPPING ACT

     Introduced By: Senators Lynch Prata, Coyne, and Archambault

     Date Introduced: January 24, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

HUSBANDRY" is hereby amended by adding thereto the following chapter:

CHAPTER 28

MANDATORY DOG AND CAT MICROCHIPPING ACT

     4-28-1. Short title.

     This chapter shall be known and may be cited as the "Mandatory Dog and Cat

Microchipping Act."

     4-28-2. Mandatory microchipping.

     (a) No shelter, pound, humane society, rescue organization, or similar organization,

whether public or private, whose principal purpose is securing the adoption of dogs and cats, shall

release any such animal to its owner, custodian or adopter unless the dog or cat has first been

microchipped.

     (b) Every breeder, purchaser, or other person or entity coming into possession of an

unchipped dog or cat is required, within thirty (30) days, to have the animal microchipped.

     4-28-3. Medical exceptions to sterilization.

     No dog or cat need be microchipped if a licensed veterinarian, exercising appropriate

professional judgment, shall certify in writing and under oath that an animal is medically unfit for

the microchipping procedure due to a physical condition which would be substantially aggravated

by such procedure, or would likely cause the animal's death.

     (1) The dog or cat's age shall not per se constitute medical unfitness.

     (2) Upon the cessation of the existence of the disqualifying medical condition, it shall be

the duty of the person or entity having control of the dog or cat to immediately comply with all

provisions of this act.

     4-28-4. Penalties.

     (a) Every person or entity failing to microchip a dog or cat in their control and/or

possession, in accordance with the provisions of this chapter, shall be penalized as follows:

     (1) The first offense shall constitute a civil offense, punishable by a fine of five hundred

dollars ($500);

     (2) The second and third offense shall constitute a civil offense, punishable by a fine of

one thousand dollars ($1,000) for each offense;

     (3) The fourth and all subsequent offenses thereafter, shall constitute a civil and criminal

offense, whereby the person or entity shall be charged with a misdemeanor and fined two

thousand dollars ($2,000) for each offense or by imprisonment for not less than ten (10) days nor

more than thirty (30) days, or both.

     (b) Possession of a certificate certifying that the dog or cat has been microchipped shall

constitute a defense to liability under the penalty provisions of this act.

     SECTION 2. 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 -- MANDATORY DOG AND

CAT MICROCHIPPING ACT

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     This act would provide for the mandatory microchipping of all dogs and cats and

applicable penalties to the owner for failing to microchip the animal.

     This act would take effect upon passage.

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