Chapter 262

2005 -- H 5959 SUBSTITUTE A AS AMENDED

Enacted 07/13/05

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

Introduced By: Representatives Lima, and Gallison

Date Introduced: March 01, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Section 4-19-11.1 of the General Laws in Chapter 4-19 entitled "Animal

Care" is hereby repealed.

4-19-11.1. Destruction of animals by carbon monoxide poisoning. -- (a) It is unlawful

to use a gasoline powered combustion engine to generate carbon monoxide as a euthanizing agent

in the destruction of animals.

(b) Any carbon monoxide chambers employed as euthanasia devices must be equipped

with bottled or cylinder carbon monoxide gas as the source of this lethal agent.

(c) Each violation of this section is punishable by a fine not to exceed five hundred

dollars ($500) and/or imprisonment not to exceed thirty (30) days.

(d) The department of environmental management shall promulgate rules and regulations

to be followed when using carbon monoxide as a euthanizing agent in the destruction of animals.

Those rules and regulations shall be promulgated by July 1, 2002.

     SECTION 2. Section 4-19-12 of the General Laws in Chapter 4-19 entitled "Animal

Care" is hereby amended to read as follows:

4-19-12. Disposition of animals. -- (a) The governing body of the political subdivision

regulating the operation of a pound shall determine the method of disposition of animals released

by that pound. The board of directors of an incorporated humane society shall determine the

method of disposition of animals released by its animal shelter. Notwithstanding any provision of

the general or public laws to the contrary, it shall be unlawful to dispose of any animal by using a

carbon monoxide chamber or gas chamber. All animals, which must be disposed of by a

municipal pound or shelter, the humane society animal shelter, or any other private pound or

animal shelter, however, described, must be disposed of by lethal injection. In the event of an

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

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

animal shelter employee, the animal is so severely injured, diseased, or suffering in such a

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

may be destroyed by shooting; provided, that:

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

persons and animals;

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

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

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

produce an instantaneous death by a single gunshot.

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

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

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

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

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

out his or her official assignments.

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

license shall include a statement made under oath, that neither the applicant or any member or

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

meaning of this chapter.

      (3) A dog officer, or incorporated humane society, upon taking custody of any animal in

the course of their official duties, shall immediately make a record of the matter in the manner

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

breed, sex, reason for seizure, location of seizure, the owner's name and address if known and all

license or other identification numbers if any. Complete information relating to the disposition of

the animal shall be added in the manner provided by the director immediately after disposition.

The information shall be forwarded monthly to the department of environmental management.

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

college, or university within the state.

     SECTION 3. A joint legislative commission to study the training of animal control

officers.

(a) A joint legislative commission is hereby created to study the training and certification

of animal control officers by the department of health to administer lethal injections. The

commission shall consist of seven (7) members: four (4) of whom shall be from the house of

representatives, not more than three (3) from the same political party to be appointed by the

speaker; three (3) of whom shall be from the senate, not more than two (2) from the same

political party to be appointed by the president of the senate.

(b) The members of the commission shall meet at the call of the speaker of the house and

organize and shall select from among the legislators a chairperson. Vacancies in the commission

shall be filled in like manner as the original appointment.

(c) The membership of the commission shall receive no compensation for their services.

(d) All departments and agencies of the state shall furnish any advice and information

documentary and otherwise, to the commission and its agents that are deemed necessary or

desirable by the commission to facilitate the purposes of this section.

(e) The speaker of the house is hereby authorized and directed to provide suitable

quarters for the commission. The commission shall report its findings and recommendations to

the general assembly on or before May 1, 2006 and the commission shall expire on June 1, 2006.

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

amended by adding thereto the following section:

4-19-12.1. Public health exemptions. – Destruction of animals using gas shall be

permitted only by state agencies for the protection of public health. In addition, companies

permitted by the department of environmental management pursuant to section 20-1-18 shall also

be exempt from this ban on the use of gas.

     SECTION 5. This act shall take effect upon passage.     

=======

LC02549/SUB A/3

========