It is enacted by the General Assembly as follows:

SECTION 1. Sections 4-19-2, 4-19-17, 4-19-18 and 4-19-19 of the General Laws in Chapter 4-19 entitled "Animal Care" are hereby amended to read as follows:

{ADD 4-19-2. Definitions. -- 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 a temporary or permanent 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, amphibian, fish or reptile 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, cats or other animals, the control of dogs, cats or other animals or the seizure and impoundment of dogs, cats or other animals 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, cat or other animal.

(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) " {ADD Licensed ADD} {DEL R DEL} {ADD r ADD} eleasing agency" means any animal shelter, animal rescue league, pound, dog pound, animal control facility, animal control officer, humane society, society for the prevention of cruelty to animals {DEL . DEL} {ADD which is required to be licensed with the director and is so licensed. ADD}

(x) "Adopting party" means any person who enters into a contract acquiring a dog or cat from a releasing agency.

(y) "Adopt" means when an adopting party voluntarily acquires and assumes responsibility for a dog or a cat from a releasing agency.

(z) "Sexual maturity" shall mean when a {DEL female DEL} dog or cat reaches six (6) months {DEL of age and when a male dog or cat reaches eight (8) months of age DEL} ; in all instances the {ADD licensed ADD} releasing agency will determine the age of the dog or cat.

(aa) "State veterinarian" shall mean a licensed veterinarian from the department of environmental management.

{DEL 4-19-17. Mandatory spaying and neutering of dogs and cats adopted from a releasing agency. DEL} {ADD 4-19-17. Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency. -- ADD} (a) No {ADD licensed ADD} 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 {ADD licensed ADD} releasing agency to have the dog or cat spayed or neutered 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 such spaying or neutering to be the responsibility of the adopting party. The written agreement must include the dog or cat's age, sex, and general description; the date of adoption and the date by which the dog or cat must be spayed or neutered; the adopting party's name, address, phone number, and signature; the {ADD licensed ADD} releasing agency's name, address, phone number, and the dollar amount of the deposit remitted. In addition to executing the written agreement the adopting party must leave with the {ADD licensed ADD} 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 {ADD licensed ADD} releasing agency. Said deposit will be refunded by the {ADD licensed ADD} 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.

Alternatively, the {ADD licensed ADD} 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) A {ADD licensed ADD} releasing agency returns a stray dog or cat to its owner;

(ii) A {ADD licensed ADD} 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 such health condition is likely to be permanent;

(iii) A {ADD licensed ADD} 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 {ADD licensed ADD} releasing agency shall 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. {ADD A licensed releasing agency transfers a dog or cat to another licensed releasing agency. ADD}

The exemptions provided in clauses (ii) and (iii) above shall only be applicable if the {ADD licensed ADD} releasing agency receives said 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 clause (ii) above, said report may be provided to the {ADD licensed ADD} releasing agency during any temporary extension period provided by clause (iii) above if the health condition of the dog or cat has changed.

(c) If requested to do so, a {ADD licensed ADD} releasing agency shall refund deposited funds to the adopting party upon reasonable proof being presented to the {ADD licensed ADD} 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 {ADD licensed ADD} releasing agencies (i) may enter into cooperative agreements with each other and with veterinarians in carrying out the provisions of this section, and (ii) shall make a good faith effort to cause an adopting party to comply with the provisions of this section.

{ADD 4-19-18. Forfeited deposits. -- ADD} Deposits required by section 4-19-17 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 {ADD licensed ADD} releasing agency and shall be used for the following purposes:

(i) a public education program to prevent overpopulation in dogs and cats;

(ii) a program to spay and neuter dogs and cats that are available for adoption by the {ADD licensed ADD} releasing agency;

(iii) a follow-up program to assure that dogs and cats adopted from the {ADD licensed ADD} releasing agency are spayed or neutered; and

(iv) to defray additional costs incurred by the {ADD licensed ADD} releasing agency in complying with section 4-19-17.

{ADD 4-19-19. Penalties for violations of section 4-19-17. -- ADD} (a) Violations of the provisions of section 4-19-17 or the written agreement executed pursuant thereto by an adopting party shall be 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 hereunder shall constitute 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 {ADD licensed ADD} releasing agency from which it was adopted, which {ADD licensed ADD} releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party shall lose all ownership rights in the seized dog or cat, shall forfeit all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the {ADD licensed ADD} 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 4-19-17 through 4-19-19 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.

(b) Violations of the provisions of sections 4-19-17 or 4-19-18 by a {ADD licensed ADD} releasing agency shall be 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 {ADD licensed ADD} releasing agency's license to operate. Compliance by the releasing agency with the provisions of sections 4-19-17 through 4-19-19 will be monitored as to the {ADD licensed ADD} releasing agencies by the state veterinarian.

(c) All fines collected under subsection (a) of this section will be remitted to the town clerk or city clerk of the municipality where the adopting party of the dog or cat resides. Such fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) of this section 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 4-19-17, 4-19-18 and 4-19-19.

SECTION 2. This act shall take effect upon passage.