It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-19-2, 4-19-11.2 and 4-19-12 of the General Laws in Chapter 4-19 entitled "Animal Care" are hereby amended to read as follows:

{ADD 4-19-2. Definitions. -- [Effective January 1, 1994.] -- ADD} As used in this chapter and the regulations promulgated thereunder, the following terms shall be construed, respectively, to mean:

(a) "Pound" or "dog pound" means a facility operated by a state, or any political subdivision thereof, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals; or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.

(b) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(c) "Animal shelter" means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other non-profit organization devoted to the welfare, protection and humane treatment of animals.

(d) "Pet shop" means an establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.

(e) "Kennel" means a place or establishment other than a pound or animal shelter where animals not owned by the proprietor are sheltered, fed and watered in return for a fee.

(f) "Animal" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate but shall not include horses, cattle, sheep, goats, swine and domestic fowl.

(g) "Public auction" means any place or location where dogs or cats are sold at auction to the highest bidder regardless of whether those dogs or cats are offered as individuals, as a group, or by weight.

(h) "Director" means the director of environmental management of the state of Rhode Island.

(i) "Dealer" means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to another dealer, pet shop, or research facility; or who breeds dogs and/or cats for the purpose of selling or donating to another dealer or pet shop, or research facility.

(j) "Research facility" means any place, laboratory or institution at which scientific tests, investigations or experiments, involving the use of living animals are carried out, conducted, or attempted.

(k) "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch.

(l) "Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.

(m) "Sanitize" means to make physically clean and to remove and destroy to a practical minimum, agents injurious to health.

(n) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during that loss of consciousness.

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

(p) "Adequate feed" means the provision at suitable intervals -- not to exceed twenty-four (24) hours -- of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish, or container.

(q) "Adequate water" means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four (24) hours at any interval.

(r) "Dog officer" means any person employed, contracted or appointed by the state or any political subdivision thereof for the purpose of aiding in the enforcement of this chapter or any other law, or ordinance relating to the licensing of dogs, {ADD cats or other animals, the ADD} control of dogs, {ADD cats or other animals, ADD} or {ADD the ADD} seizure and impoundment of dogs {ADD , cats or other animals ADD} and includes any state or municipal peace officer, animal control officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure or taking into custody of any dog {ADD , cat or other animal ADD} .

(s) "Breeder" means a person engaged in the propagation of purebred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, or a registered cat breed association.

(t) "Hobby breeder" means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only.

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

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

(w) "Releasing agency" means any animal shelter, animal rescue league, pound, dog pound, animal control facility, animal control officer, humane society, or society for the prevention of cruelty to animals.

{DEL 4-19-11.2. Destruction of dogs -- Reporting. -- DEL} {ADD 4-19-11.2. Destruction of dogs and cats -- Reporting. -- ADD} All dog pounds licensed pursuant to this chapter shall be required to notify the department of environmental management monthly of the number of dogs {ADD and cats ADD} destroyed.

{ADD 4-19-12. Disposition of animals. -- ADD} 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.

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 custody in the course of carrying out his official assignments. No dog officer shall be granted a dealer's license and 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 the definition herein. A dog officer, upon taking custody of any animal in the course of his 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, approximate weight, 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 {DEL dog DEL} {ADD animal ADD} shall be added in the manner provided by the director immediately after disposition.

SECTION 2. This act shall take effect upon passage.