House Bill #6216 (2017)

AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE

Prohibits the rental, lease, or finance of any sale of a cat or dog, with exceptions for animals used for breeding, shows and work.

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Changes since original draft

  • 2017 – H 6216
  • 2017 – H 6216 SUBSTITUTE A
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  • LC002664
  • LC002664/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • Introduced By: Representatives Lima, Shekarchi, Winfield, Slater, and Messier
  • Date Introduced: May 12, 2017
  • Referred To: House Health, Education & Welfare
  • It is enacted by the General Assembly as follows:
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Chapter 4-19 of the General Laws entitled "Animal Care" is hereby amended by adding thereto the following section:
  • 4-19-7.1. Renting or leasing of dogs and cats prohibited.
  • (a) The rental or leasing of a dog or cat, as a "forever pet" by any business or individual is hereby prohibited. A "Forever Pet" is defined as any dog or cat purchased from a business or person which purchase does not vest permanent ownership in the buyer.
  • (b) No person or business may enter into any rental, leasing or loan agreement for the sale of a dog or cat in which the animal is used as collateral for the agreement and/or loan or is subject to repossession in any manner.
  • (c) Any business or person entering or offering a dog or cat for lease or rental in violation of this section shall be fined one thousand dollars ($1,000) for the first violation and five thousand dollars ($5,000) for each subsequent violation.
  • (d) Any business found to be in violation of this section may also have its retail license suspended or revoked at the discretion of the court.
  • (e) No Rhode Island financial institution may offer a loan agreement for the sale or lease of a "forever pet" in which the animal is used as collateral for the loan or is subject to repossession upon default. Any financial institution found in violation of this section shall be fined one thousand dollars ($1,000) for the first violation and five thousand dollars ($5,000) for each subsequent violation.
  • SECTION 2. This act shall take effect upon passage. ======== LC002664 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • ***
  • This act would prohibit the rental, lease, or financing of any sale of a dog or cat by any person, firm, or corporation with violations punishable by a fine of one thousand dollars ($1,000) for the first violation and five thousand dollars ($5,000) for each subsequent violation and/or revocation of its retail sales license. Any violations by a financial institution offering any financial agreement for the renting or leasing of a dog or cat shall be punishable by a one thousand dollar ($1,000) fine for first violation and five thousand dollars ($5,000) for each subsequent violation.
  • This act would take effect upon passage. ======== LC002664 ========
  • (a) The rental or leasing of a dog or cat, as a "forever pet"by any business or individualis hereby prohibited. A "Forever Pet" is defined as any dog or cat purchased from a business or person which purchase does not vest permanent ownership in the buyer, except as provided for in subsection (e) of this section.
  • (b) No person or business may enter into any rental, leasing or loan agreement for the sale of a dog or cat in which the animal is used as collateral for the agreement and/or loan or is subject to repossession in any manner upon default of the agreement, except as provided for in subsection (e) of this section.
  • (c) No financial institution, as defined in §19-1-1, in Rhode Island shall offer a loan or financing agreement for the sale or lease of a "forever pet" where the "forever pet" is used as collateral for the loan default, except as provided for in subsection (e) of this section.
  • (d) Any business or person entering or offering a dog or cat for lease or rentalin violation of this section, and any financial institution found in violation of this section, shall be subject to the penalties provided for in §4-19-11.3. In addition, any pet shop, breeder, broker, dealer, hobby breeder firm or business that violates any provision of this section may have its business or retail sale license suspended or revoked after hearing by the issuing authority. Any business found to be in violation of this section may also have its retail license suspended or revoked at the discretion of the court.
  • (e) The provisions of this section shall not apply to, and shall not prohibit the temporary leasing or rental of the following animals, so long as the animals are used in accordance with applicable federal, state, and localanimal protections laws:
  • (1) A purebred dog which is rented for the express purpose of breeding pursuant to a written lease recorded with a nationalpurebred dog registry, and which lease is for a specific time and has an established end-date;
  • (2) An animal used in spectator events, shows, exhibitions, motion pictures, and other entertainment, including, but not limited to, animal exhibitions, racing events, field trials, polo, rodeo, and the use of animals for any audiovisual media; or
  • (3) A "working animal", which means an animal trained or utilized to perform tasks, including, but not limited to, guide dogs, security dogs, law enforcement dogs, and other assistance animals.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC002664/SUB A
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  • LC002664/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • ***
  • This act would prohibit the rental, lease, or financing of any sale of a dog or cat by any person, or business with violations punishable by a fine of five hundred dollars ($500) for the first violation and up to one thousand dollars ($1,000) for each subsequent violation, and/or revocation of its retail sales license. This act would not prohibit the temporary leasing or rental of purebred dogs for breeding, animals used in shows and exhibitions, and working animals such as guide dogs.
  • This act would take effect upon passage. ======== LC002664/SUB A ========
  • LC002664/SUB A - Page 3of 3

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 06, 2017 at 4:43pm
Yeas: 72 / Nays: 0 / Not voting: 3 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino NV
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh NV
Rep. Williams Y
Rep. Winfield Y