2013 -- H 5431

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LC01207

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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: Representatives Shekarchi, Baldelli-Hunt, Costantino, Serpa, and Ferri

     Date Introduced: February 13, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 4-19-2 of the General Laws in Chapter 4-19 entitled "Animal Care"

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is hereby amended to read as follows:

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     4-19-2. Definitions. -- As used in this chapter, chapter 13 of this title, and the regulations

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promulgated under 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 supply of clean, fresh, potable water

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provided in a sanitary manner or provided at suitable intervals for the species and not to exceed

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twenty-four (24) hours at any interval.

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

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prevent 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 a dog or a cat from a releasing agency.

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      (5) "Adopting party" means any person who enters into a contract acquiring a dog or cat

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from a releasing agency.

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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 shelter" means a facility which is used to house or contain animals and

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which is owned, operated, or maintained by a duly incorporated humane society, animal welfare

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

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

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      (9) "Breeder" means a person engaged in the propagation of purebred dogs and/or cats

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for the purpose of improving and enhancing a breed recognized and registered by the American

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kennel club, American field stud book, or a registered cat breed association.

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      (10) "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 dogs

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and/or cats for the purpose of selling or donating to another dealer or pet shop, or research

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facility.

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

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Island.

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      (12) "Dog officer" means any person employed, contracted or appointed by the state or

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any political subdivision of the state for the purpose of aiding in the enforcement of this chapter

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or any other law, or ordinance relating to the licensing of dogs, cats or other animals, the control

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

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includes any state or municipal peace officer, animal control officer, sheriff, constable or other

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employee whose duties in whole or in part include assignments which involve the seizure or

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taking into custody of any dog, cat or other animal.

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      (13) "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 which causes painless loss of consciousness, and death during

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that loss of consciousness.

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      (14) "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.

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

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enclosure or enclosures.

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      (16) "Kennel" means a place or establishment other than a pound or animal shelter where

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

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      (17) "Licensed releasing agency" means any animal shelter, animal rescue league,

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pound, dog pound, animal control facility, animal control officer, humane society, or society for

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the prevention of cruelty to animals which is required to be licensed with the director and is so

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licensed.

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

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      (19) "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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      (20) "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.

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      (21) "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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      (22) "Primary enclosure" means any structure used to immediately restrict an animal or

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animals to a limited amount of space, as a room, pen, cage, compartment, or hutch.

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      (23) "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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      (24) "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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      (25) "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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      (26) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances

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

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

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

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environmental management.

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      (29) "Guardian" shall mean a person(s) or a Rhode Island incorporated animal welfare or

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animal rights group having the same rights and responsibilities of an owner, and both terms shall

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be used interchangeably. A guardian shall also mean a person who possesses, has title to or an

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interest in, harbors or has control, custody or possession of an animal and who is responsible for

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an animal's safety and well-being.

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     SECTION 2. This act shall take effect upon passage.

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LC01207

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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 expand the definition of guardian, in the law on animal care, to include a

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Rhode Island incorporated animal welfare or animal rights group.

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     This act would take effect upon passage.

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LC01207

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