House Bill #7456 (2018)

AN ACT RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- UNLAWFUL CONFINEMENT OF A COVERED ANIMAL

Makes changes in the definitions of what constitutes unlawful confinement of any sow during gestation, calf raised for veal or egg-laying hen kept on a farm, and would apply them throughout the chapter accordingly.

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Changes since original draft

  • 2018 – H 7456
  • 2018 – H 7456 SUBSTITUTE A
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  • LC004488
  • LC004488/SUB A/2
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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 – UNLAWFUL CONFINEMENT
  • OF A COVERED ANIMAL
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATINGTO ANIMALSAND ANIMALHUSBANDRY – UNLAWFUL CONFINEMENT
  • OF A COVERED ANIMAL
  • Introduced By: Representatives Serpa, Shanley, Solomon, McKiernan, and O'Brien
  • Date Introduced: February 07, 2018
  • Referred To: House Environment and Natural Resources
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 4-1.1-1, 4-1.1-2, 4-1.1-3, 4-1.1-4 and 4-1.1-5 of the General Laws in Chapter 4-1.1 entitled "Unlawful Confinement of a Covered Animal" are hereby amended to read as follows:
  • Referred To: House Environment and NaturalResources
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Sections 4-1.1-1, 4-1.1-2, 4-1.1-3, 4-1.1-4 and 4-1.1-5 of the GeneralLaws in Chapter 4-1.1 entitled "Unlawful Confinement of a Covered Animal" are hereby amended to read as follows:
  • 4-1.1-1. Definitions.
  • For the purposes of this chapter:
  • (1) "Calf raised for veal" means a calf of the bovine species kept for the purpose of producing the food product referred to as veal.
  • (2) "Crate" means a "gestation crate" for sows or a "veal crate" for calves.
  • (2) "Crate"means a "gestation crate"for sows or a "vealcrate"for calves.
  • "Covered animal" means any sow during gestation, calf raised for veal, or egg-laying hen that is kept on a farm.
  • (3) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.
  • (4) "Enclosure" means any cage, crate, or other structure used to confine a covered animal or animals. Enclosure includes what is commonly described as a "gestation crate" or "stall" for sows during gestation, a "veal crate" for calves raised for veal, and a "battery cage, enriched cage, or colony cage" for egg-laying hens.
  • (3) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowlkept for the purpose of egg production.
  • (4) "Enclosure" means any cage, crate, or other structure used to confine a covered animal or animals. Enclosure includes what is commonly described as a "gestation crate" or "stall" for sows during gestation, a "veal crate" for calves raised for veal, and a "battery cage, enriched cage, or colony cage"for egg-laying hens.
  • (3)(5) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; and does not include live animal markets.
  • (4)(6) "Farm owner or operator" means any person who owns or controls the operation of a farm, and does not include any non-management employee, contractor, or consultant.
  • (4)(6) "Farm owner or operator"means any person who owns or controls the operation of a farm, and does not include any non-management employee, contractor, or consultant.
  • (5)(7) "Fully extending the animal's limbs" means fully extending all limbs without touching the side of an enclosure. In the case of egg-laying hens, "fully extending the animal's limbs" means fully spreading both wings without touching the side of an enclosure or other egg- laying hens and having access to the amount of usable floor space per hen that complies with the 2016 Edition of the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks "Guidelines for Cage-Free Egg Production."
  • (6)(8) "Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
  • (7)(9) "Sow during gestation" means a pregnant pig of the porcine species kept for the purpose of breeding.
  • (8)(10) "Turning around freely" means turning in a complete circle without any impediment including a tether, and without touching the side of a crate.
  • 4-1.1-2. Purpose.
  • The purpose of this chapter, subject to exceptions set forth in § 4-1.1-4, is to prohibit the confinement of calves raised for veal and sows during gestation a covered animal in a manner that prevents the animal from turning around freely, lying down, standing up or fully extending the animal's limbs.
  • The purpose of this chapter, subject to exceptions set forth in § 4-1.1-4, is to prohibit the confinement of calves raised for vealand sows during gestation a covered animal in a manner that prevents the animal from turning around freely, lying down, standing up or fully extending the animal's limbs.
  • 4-1.1-3. Unlawful confinement.
  • Notwithstanding any other provision of law, a person is guilty of unlawful confinement of a sow or calf covered animal if the person is a farm owner or operator who knowingly tethers or confines any sow or calf covered animal in a manner that prevents such animal from turning around freely, lying down, standing up, or fully extending the animal's limbs.
  • 4-1.1-4. Exceptions.
  • This section shall not apply:
  • (1) During medical research.
  • (2) Temporary confinement prior to and during examination, testing, individual treatment or operation for veterinary purposes.
  • (3) During transportation.
  • (4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions or educational programs.
  • (5) During temporary confinement for animal husbandry purposes for no more than six (6) hours in any twenty-four (24) hour period unless ordered by a licensed veterinarian.
  • (5) During temporary confinement for animal husbandry purposes for no more than six
  • LC004488/SUB A/2 - Page 2of 4 (6) hours in any twenty-four (24) hour period unless ordered by a licensed veterinarian.
  • (6) During the humane slaughter of a sow or pig covered animal in accordance with the provisions of chapter 4-17, and other applicable laws and regulations.
  • (7) To a sow during the fourteen (14) five (5) day period prior to the sows expected date of giving birth and extending for a duration of time until the piglets are weaned any day that the sow is nursing piglets. This period may be modified upon the order of a licensed veterinarian.
  • (8) To calves being trained to exhibit.
  • (9) To calves being trained to accept routine confinement in dairy and beef housing.
  • 4-1.1-5. Penalty.
  • (a) The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare. This chapter may not be construed to limit any other state laws or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
  • (b) It is not an affirmative defense to alleged violations of this chapter that the calf or sow covered animal was kept as part of an agricultural operation and in accordance with customary animal husbandry or farming practices.
  • (c) Any person who violates the provisions of this chapter or any rules or regulations promulgated hereunder shall be fined not less than fifty dollars ($50.00) nor exceeding five hundred dollars ($500), or both.
  • (d) This chapter shall be construed to supersede § 4-1-3(a) only with respect to the minimum space required for the housing of egg-laying hens.
  • SECTION 2. This act shall take effect on January 1, 2023.
  • SECTION 2. This act shalltake effect on July 1, 2026.
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  • LC004488
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  • LC004488/SUB A/2 - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO ANIMALS AND ANIMAL HUSBANDRY – UNLAWFUL CONFINEMENT
  • OF A COVERED ANIMAL
  • ***
  • This act would make changes in the definitions of what constitutes unlawful confinement of any sow during gestation, calf raised for veal or egg-laying hen kept on a farm, and would apply them throughout the chapter accordingly.
  • This act would take effect on January 1, 2023. ======== LC004488 ========
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T RELATINGTO ANIMALSAND ANIMALHUSBANDRY – UNLAWFUL CONFINEMENT
  • OF A COVERED ANIMAL
  • ***
  • This act would make changes in the definitions of what constitutes unlawfulconfinement of any sow during gestation, calf raised for veal or egg-laying hen kept on a farm, and would apply them throughout the chapter accordingly.
  • This act would take effect on July 1, 2026. ======== LC004488/SUB A/2 ========
  • LC004488/SUB A/2 - Page 4of 4

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

May 02, 2018 at 4:59pm
Yeas: 53 / Nays: 8 / Not voting: 13 / Recused: 1
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida NV
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett NV
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey NV
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards NV
Rep. Fellela Y
Rep. Filippi R
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski N
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan NV
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry N
Rep. Nunes N
Rep. O'Brien Y
Rep. O'Grady NV
Rep. Perez Y
Rep. Phillips Y
Rep. Price N
Rep. Quattrocchi N
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater NV
Rep. Solomon Y
Rep. Tanzi NV
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson NV
Rep. Walsh NV
Rep. Williams Y
Rep. Winfield Y

Floor vote for Passage

June 23, 2018 at 10:13pm
Yeas: 21 / Nays: 1 / Not voting: 14 / Recused: 1
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley NV
Sen. Cote NV
Sen. Coyne NV
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag NV
Sen. Fogarty N
Sen. Gallo Y
Sen. Gee NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller NV
Sen. Morgan NV
Sen. Nesselbush Y
Sen. Paolino NV
Sen. Pearson NV
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis NV
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski R