Chapter 417

2013 -- S 0316 SUBSTITUTE A

Enacted 07/15/13

A N A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- ANIMAL CARE

Introduced By: Senators Bates, and Ottiano

Date Introduced: February 13, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-19-16, 4-19-17 and 4-19-18 of the General Laws in Chapter 4-19

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

4-19-16. Mandatory spaying and neutering of dogs and cats adopted from a licensed

releasing agency. -- (a)(1) No licensed releasing agency shall release, sell, trade, give away,

exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been

spayed or neutered unless the adopting party executes a written agreement with the licensed

releasing agency to have the dog or cat spayed or neutered in accordance with subdivisions (2)

and (3) within thirty (30) days of the adoption date or within thirty (30) days from the date that

the dog or cat reaches sexual maturity, with the cost of the spaying or neutering to be the

responsibility of the adopting party.

     (2) The licensed releasing agency is authorized to enter into a written adoption agreement

with the adopting party provided that at the time of execution of the written agreement, the

licensed releasing agency collect from the adopting party an amount equal to the cost to the

licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written

agreement must include the dog or cat's age, sex, and general description; the date of the adoption

agreement was executed; and the date by which the licensed releasing agency anticipates that the

dog or cat must will be spayed or neutered; the date by which the adoptive party shall claim the

dog or cat; the adopting party's name, address, phone number, and signature; the licensed

releasing agency's name, address, phone number, and the dollar amount of the deposit remitted to

the licensed releasing agency for the cost of spaying or neutering the dog or cat.

     (3) In addition to executing the written agreement the adopting party must leave with the

licensed releasing agency a deposit of not less than twenty dollars ($20.00) and not more than

forty dollars ($40.00). The amount of the deposit shall be determined by the licensed releasing

agency. This deposit will be refunded by the licensed releasing agency to the adopting party upon

presentation of a written statement or receipt from a licensed veterinarian of the adopting party's

choice where the dog or cat was spayed or neutered providing that the spaying or neutering was

performed within the thirty (30) day period. After execution of the agreement, the licensed

releasing agency shall cause the dog or cat to be spayed or neutered and, when medically fit, shall

transfer custody of the dog or cat to the adopting party. Any dog or cat that is not claimed by the

adoptive party within ten (10) days of the date enumerated in the written adoption agreement

shall be considered unclaimed and may be offered for adoption to another party.

(4) Alternatively, the licensed releasing agency shall make appropriate arrangements for

the spaying or neutering of the dog or cat by a licensed veterinarian and have the surgery

completed before releasing the dog or cat to the adopting party.

     (b) The following are exemptions from the provisions of subsection (a):

(i) (1) A licensed releasing agency returns a stray dog or cat to its owner.

(ii)(2) A licensed releasing agency receives a written report from a licensed veterinarian

stating that the life of the dog or cat would be jeopardized by the surgery and that this health

condition is likely to be permanent.

(iii)(3) A licensed releasing agency receives a written report from a licensed veterinarian

stating that there is a temporary health condition, including sexual immaturity, which would make

surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing

agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon

resolution of the temporary health condition or the animal reaching maturity and shall collect

from the adopting party an amount equal to the cost to the licensed releasing agency for the

spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then

allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the

licensed releasing agency for spaying or neutering upon resolution of the temporary health

condition or the animal reaching sexual maturity. The licensed releasing agency may grant the

adopting party an appropriate extension of time in which to have the dog or cat spayed or

neutered based on the veterinarian's report.

(iv)(4) A licensed releasing agency transfers a dog or cat to another licensed releasing

agency.

(2) The exemptions provided in subdivisions (ii) and (iii) above are only applicable if the

licensed releasing agency receives a written report from a licensed veterinarian within the thirty

(30) day period during which the spaying or neutering would otherwise be required, or in the case

of a report contemplated by subdivision (ii), the report may be provided to the licensed releasing

agency during any temporary extension period provided by subdivision (iii) if the health

condition of the dog or cat has changed.

      (c) If requested to do so, a licensed releasing agency shall refund deposited funds fees

collected for the purpose of spaying or neutering the dog or cat to the adopting party upon

reasonable proof being presented to the releasing agency by the adopting party that the dog or cat

died before the expiration of the period during which the spaying or neutering was required to be

completed.

      (d) Any and all licensed releasing agencies:

      (1) May enter into cooperative agreements with each other and with veterinarians in

carrying out this section; and

      (2) Shall make a good faith effort to cause an adopting party to comply with this section.

4-19-17. Forfeited deposits Forfeited fees. -- Upon request, the adoptive party shall

receive a refund for the fee collected by the licensed releasing agency under the provisions of

subsection 4-19-16(a) provided that the licensed releasing agency has not caused the dog or cat to

be spayed or neutered at the time the request for such refund is made. Deposits required by

section 4-19-16 and section 4-19-12 which are unclaimed after sixty (60) days from the date of

adoption or sixty (60) days from when the dog or cat reaches sexual maturity, whichever is later,

will be forfeited by the adopting party and retained by the licensed releasing agency and shall be

used for the following purposes:

(1) [Deleted by P.L. 2005, ch. 125, section 1 and P.L. 2005, ch. 203, section 1].

(2) To spay and neuter dogs and cats that are available for adoption by the licensed

releasing agency; and

(3) A follow-up program to create tracking procedures to assure that dogs and cats

adopted from the licensed releasing agency are spayed or neutered; and

(4) [Deleted by P.L. 2005, ch. 125, section 1 and P.L. 2005, ch. 203, section 1].

4-19-18. Penalties for violations. -- (a) Violations of the provisions of section 4-19-16 or

the written agreement executed pursuant to section4-19-16 by an adopting party are punishable

by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the

second offense and four hundred dollars ($400) for the third and subsequent offenses. Each and

every incidence of non-compliance by an adopting party which continues unremedied for thirty

(30) days after written notice of a violation under this section constitutes a subsequent offense

and the attendant penalties will apply. Second and subsequent offenses may constitute grounds

for seizure and forfeiture of the dog or cat, which seizure will be conducted by a dog officer or a

police officer for the city or town in which the adopting party resides, and the seized animal will

be returned to the licensed releasing agency from which it was adopted, which licensed releasing

agency will be free to adopt out or euthanize the seized dog or cat. The adopting party loses all

ownership rights in the seized dog or cat, forfeits all rights to any fee or deposit paid for the dog

or cat, and shall have no claim against the licensed releasing agency or any other person for any

expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of

sections 4-19-16 -- 4-19-18 will be enforced against an adopting party by a dog officer or a police

officer for the city or town in which the adopting party resides. Licensed releasing agencies must

notify the animal control officer or police officer in the city or town in which the adopting party

resides, in writing, within fourteen (14) days of any violation of the provisions of section 4-19-16.

     (b) Violations of section 4-19-16 or 4-19-17 by a licensed releasing agency are

punishable by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars

($250) for the second offense and five hundred dollars ($500) for the third and subsequent

offenses. The third and subsequent offenses may result in the temporary or permanent revocation

of the licensed releasing agency's license to operate. Compliance by the releasing agency with

sections 4-19-16 -- 4-19-18 will be monitored as to the licensed releasing agencies by the state

veterinarian. The provisions of sections 4-19-16 through 4-19-18 will be enforced against a

licensed releasing agency by the division of law enforcement of the department of environmental

management.

     (c) All fines collected under subsection (a) will be remitted to the town or city clerk of

the municipality where the adopting party of the dog or cat resides. These fines shall be used by

the municipality only for programs for the spaying or neutering of dogs or cats. All fines

collected under subsection (b) will be remitted to the general treasurer and placed in a separate

fund within the general fund to be called the "Animal Health Fund" which shall be administered

by the general treasurer in the same manner as the general fund. All funds deposited in the

"Animal Health Fund" shall be made available to the department of environmental management

division of agriculture to defray any costs or expenses incurred by the state veterinarian in the

enforcement of sections 4-19-16, 4-19-17 and 4-19-18.

SECTION 2. This act shall take effect upon passage.

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LC01359/SUB A

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