House Bill #7409 (2018)

AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE

Excludes veterinary hospitals, residences used to care for no more than 4 animals as kennels. Exempts residential settings from obtaining kennel license.

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Changes since original draft

  • 2018 – H 7409
  • 2018 – H 7409 SUBSTITUTE A
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  • LC004281
  • LC004281/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. 2018
  • ____________
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • Introduced By: Representatives Canario, Shekarchi, O'Brien, Serpa, and Lima
  • Date Introduced: February 01, 2018
  • Referred To: House Health, Education & Welfare
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 4-19-2 of the General Laws in Chapter 4-19 entitled "Animal Care" is hereby amended to read as follows:
  • SECTION 1. Sections 4-19-2 and 4-19-6 of the General Laws in Chapter 4-19 entitled "Animal Care" are hereby amended to read as follows:
  • 4-19-2. Definitions.
  • As used in this chapter, chapter 13 of this title, and the regulations promulgated under this chapter:
  • (1) "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.
  • (2) "Adequate veterinary care" means care by a licensed veterinarian sufficient to prevent the animal from experiencing unnecessary or unjustified physical pain or suffering.
  • (3) "Adequate water" means a constant access to a sufficient supply of clean, fresh, potable water provided in a sanitary manner and provided at suitable intervals for the species to maintain the health of the animal(s) and not to exceed twenty-four (24) hours at any interval.
  • (4) "Adopt" means when an adopting party voluntarily acquires and assumes responsibility for an animal from a releasing agency that is properly licensed or registered by the department.
  • (5) "Adopting party" means any person who enters into a contract acquiring an animal from a releasing agency that is properly licensed or registered by the department.
  • (6) "Ambient temperature" means the temperature surrounding the animal.
  • (7) "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.
  • (8) "Animal rescue" or "rescue" means an entity, without a physical brick-and-mortar facility, that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption.
  • (9) "Animal shelter" means a brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
  • (10) "Breeder" means a person engaged in the propagation of purebred or crossbred 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, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted as a hobby breeder as defined below.
  • (11) "Broker" means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point.
  • (12) "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 animals for the purpose of selling or donating to another dealer or pet shop or research facility.
  • (13) "Director" means the director of environmental management of the state of Rhode Island.
  • (14) "Dog officer" or "animal-control officer" means any person employed, contracted, or appointed by the state, or any political subdivision of the state, 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 that involve the seizure or taking into custody of any dog, cat, or other animal.
  • (15) "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 that causes painless loss of consciousness and death during that loss of consciousness.
  • (16) "Guardian" shall mean a person(s) having the same rights and responsibilities of an owner, and both terms shall be used interchangeably. A guardian shall also mean a person who possesses; has title to or an interest in; harbors or has control, custody, or possession of an animal and who is responsible for an animal's safety and well-being.
  • (17) "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. A hobby breeder shall not exceed the limits set forth in § 4-25-1(4). Any person who sells at retail a number in excess of the limits in the aforementioned section shall be considered a breeder.
  • (18) "Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.
  • (19) "Kennel" means a place or establishment, other than a pound, or animal shelter, or residence, where three (3) or fewer animals, not owned by the proprietor or resident are sheltered, fed, and watered in return for a fee.
  • (19) "Kennel" means a place or establishment, other than a pound or animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee. This definition shall not apply to the sheltering, feeding, and watering in return for a fee in a residential setting, of no more than four (4) animals not owned by the proprietor, subject to any applicable municipal ordinance that may be more restrictive.
  • (20) "Licensed releasing agency" means any animal shelter, animal-rescue, pound, animal-control officer, or broker that is required to be licensed or registered with the director pursuant to the provisions of this chapter and is so licensed or registered.
  • (21) "Neuter" means to surgically render a male dog or cat unable to reproduce.
  • (22) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
  • (23) "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 and does not exceed the limits set forth in § 4-25-1(4).
  • (24) "Pound" or "dog pound" means a facility operated by a state, or any political subdivision of a state, 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.
  • (25) "Primary enclosure" or "enclosure" means the most proximal barrier to an animal that will have the intended purpose or effect of containment of that animal or that will effectively restrict the liberty of the animal.
  • (26) "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.
  • (27) "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.
  • (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
  • (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances, the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.
  • (30) "Spay" means to surgically render a female dog or cat unable to reproduce.
  • (31) "State veterinarian" means a licensed veterinarian from the department of environmental management.
  • (26) "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.
  • (27) "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.
  • (28) "Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
  • (29) "Sexual maturity" means when a dog or cat reaches six (6) months. In all instances, the licensed, releasing agency or a licensed veterinarian will determine the age of the dog or cat.
  • (30) "Spay" means to surgically render a female dog or cat unable to reproduce.
  • (31) "State veterinarian" means a licensed veterinarian from the department of environmental management.
  • 4-19-6. Public auction and kennel licenses.
  • (a) No person shall operate a public auction or a kennel, as defined in this chapter, unless a license to operate that establishment has been granted by the director. Application for the license shall be made in the manner provided by the director. The license period is the fiscal year and the license fee shall be fifty dollars ($50.00) for each license period or part thereof beginning with the first day of the fiscal year.
  • (b) This section shall not be interpreted to interfere in any manner with the issuing of a public auction or kennel license by any city or town, nor any fee charged by any city or town. No license shall be issued by the director except for those premises as shall be designated by the respective city or town council.
  • (c) Pursuant to § 4-19-2(19), any person who provides the sheltering, feeding, and watering in return for a fee in a residential setting, of no more than four (4) animals not owned by the proprietor is:
  • (1) Exempt from licensure as a kennel under this chapter; and
  • (2) Subject to inspection by an authorized agent of the department of environmental management (hereinafter "the department") upon the department receiving a written complaint against the person. Only complaints related to animal care, animal health, and animal welfare may initiate an inspection. Any inspection that is conducted by the department shall be conducted during the hours of eight o'clock a.m. (8:00 a.m.) and five o'clock p.m. (5:00 p.m.) unless the person who is the subject of the complaint agrees to an inspection at another time; and
  • (3) Required to be compliant with the rules and regulations governing animal care facilities, RICR 250-RICR-40-05-4, §§ 4.7 and 4.8.A 1 through 8 (excluding the sanitation log requirements of § 4.8.A.3). Any inspection conducted by an authorized agent of the department shall be limited to the aforementioned sections and shall be limited to areas to which the animals being cared for have access. Any violations of these sections are punishable in accordance with § 4.12 of the rules and regulations governing animal care facilities and any appeal for any enforcement action shall be made in accordance with § 4.11.B of those rules; and
  • (4) Any person who is subject to inspection pursuant to the conditions set forth in subsection 4-19-6(c)(2), who denies access to authorized inspectors from the department, is subject to a civil fine of three hundred fifty dollars ($350). Each day that access is denied shall constitute a separate punishable offense.
  • SECTION 2. This act shall take effect upon passage.
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  • LC004281
  • LC004281/SUB A
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  • EXPLANATION
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • ***
  • This act would amend the definition of a kennel to include a "residence" as a location that may not be considered a kennel and would specify how many animals are permitted therein.
  • This act would take effect upon passage. ======== LC004281 ========
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY - ANIMAL CARE
  • ***
  • This act would redefine "kennel" to exclude veterinary hospitals or those residential settings that are used to care for no more than four (4) animals. If would also exempt those in residential settings from obtaining a kennel license and would subject those persons to inspections upon written complaint, and would impose civil penalties for refusing access for inspection purposes.
  • This act would take effect upon passage. ======== LC004281/SUB A ========

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

April 24, 2018 at 4:43pm
Yeas: 70 / Nays: 0 / Not voting: 5 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida NV
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
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 Y
Rep. Coughlin NV
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 NV
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 NV
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for Passage In Concurrence

June 21, 2018 at 5:17pm
Yeas: 36 / Nays: 0 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan NV
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y