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5 | 5 | | 2025 -- H 5214 |
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6 | 6 | | ======== |
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7 | 7 | | LC000932 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- PSITTACINE BIRDS |
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16 | 16 | | Introduced By: Representatives Cotter, Kazarian, McNamara, Kislak, Potter, Stewart, |
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17 | 17 | | Casimiro, and Serpa |
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18 | 18 | | Date Introduced: January 29, 2025 |
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19 | 19 | | Referred To: House Corporations |
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20 | 20 | | (by request) |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Chapter 4-11 of the General Laws entitled "Psittacine Birds" is hereby 1 |
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24 | 24 | | amended by adding thereto the following section: 2 |
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25 | 25 | | 4-11-14. Parrot sale restrictions. 3 |
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26 | 26 | | (a) As used in this section, the following terms shall have the following meanings: 4 |
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27 | 27 | | (1) "Agricultural use" means birds, such as chickens or guinea fowl, that are raised as 5 |
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28 | 28 | | livestock for personal or commercial use. Parrots cannot be classified as birds for agricultural use. 6 |
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29 | 29 | | (2) "Animal care facility" means an animal control center or animal shelter, maintained by 7 |
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30 | 30 | | or under contract with any state, county, or municipality, whose mission or practice is to protect 8 |
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31 | 31 | | the welfare of animals and find placement for them in homes or animal rescue organizations. 9 |
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32 | 32 | | (3) "Animal rescue organization" means a nonprofit organization whose mission and 10 |
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33 | 33 | | practice is the rescue and placement of mammals, birds, reptiles, or amphibians into permanent 11 |
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34 | 34 | | homes. These organizations cannot obtain any animal from a breeder or broker for payment or 12 |
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35 | 35 | | compensation. 13 |
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36 | 36 | | (4) "Broker" means a third party as defined in ยง 4-19-2. 14 |
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37 | 37 | | (5) "Parrots" means any of the numerous widely distributed tropical birds belonging to the 15 |
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38 | 38 | | order Psittaciformes. 16 |
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39 | 39 | | (6) "Pet store" or "pet shop" means a retail establishment where animals are sold, 17 |
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40 | 40 | | exchanged, bartered, or offered for sale to the general public. Such definition shall not include an 18 |
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41 | 41 | | animal care facility or animal rescue organization as defined in this section. A person who sells or 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000932 - Page 2 of 4 |
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45 | 45 | | otherwise transfers the offspring of animals they have bred on their residential premises shall not 1 |
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46 | 46 | | be considered a "pet store" for purposes of this section. 2 |
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47 | 47 | | (b) Prohibition of the sale of parrots at pet stores. 3 |
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48 | 48 | | (1) It shall be unlawful for a pet store to sell or offer for sale a parrot from a breeder or 4 |
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49 | 49 | | broker. 5 |
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50 | 50 | | (2) A pet store may offer for sale parrots that are obtained from animal care facilities or 6 |
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51 | 51 | | animal rescue organizations. 7 |
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52 | 52 | | (3) The name of the animal care facility or rescue organization will be clearly displayed 8 |
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53 | 53 | | next to enclosures when adoption events are held at pet stores. 9 |
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54 | 54 | | (4) Pet stores shall have a one year grace period to sell parrots already in their possession 10 |
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55 | 55 | | on the effective date of this section. 11 |
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56 | 56 | | (c) Prohibition on sales in public places. 12 |
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57 | 57 | | (1) It shall be unlawful for any person to offer for sale, sell, exchange, or barter any parrots 13 |
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58 | 58 | | on any roadside, park, other recreation area, outdoor market, or commercial or retail parking lot, 14 |
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59 | 59 | | even if access is authorized by the property owner. 15 |
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60 | 60 | | (2) This section shall not apply to the following: 16 |
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61 | 61 | | (i) The display of birds as part of a state or county fair exhibition or for educational 17 |
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62 | 62 | | programs. This exception does not apply to parrots and they cannot be displayed at fairs or used 18 |
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63 | 63 | | for educational programs. 19 |
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64 | 64 | | (ii) A bird sold or displayed for agricultural uses. This exception does not apply to parrots 20 |
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65 | 65 | | and they cannot be classified as birds for agricultural use. 21 |
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66 | 66 | | (d) Violation - Penalty. 22 |
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67 | 67 | | Any person who sells a parrot in violation of this section shall be subject to a civil fine of 23 |
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68 | 68 | | one thousand dollars ($1,000). Each unlawful sale or offer for sale will constitute a separate 24 |
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69 | 69 | | violation. If a pet store acquires more parrots during the one-year grace period from a broker or 25 |
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70 | 70 | | breeder, a civil fine of one thousand five hundred dollars ($1,500) will be issued for each violation. 26 |
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71 | 71 | | Violations shall be investigated and prosecuted by the Rhode Island Society for the Prevention of 27 |
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72 | 72 | | Cruelty to Animals. 28 |
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73 | 73 | | (e) Implementation. 29 |
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74 | 74 | | An advisory committee consisting of representatives from Foster Parrots, Ltd and Rhode 30 |
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75 | 75 | | Island Parrot Rescue shall assist pet stores as they work to comply with subsection (b) of this 31 |
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76 | 76 | | section. The committee will remain in effect for eighteen (18) months after the effective date of 32 |
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77 | 77 | | this section and will issue an implementation status report at the end of its term. 33 |
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78 | 78 | | (f) Severability. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000932 - Page 3 of 4 |
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82 | 82 | | The invalidity of any subsection or provision of this section shall not invalidate any other 1 |
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83 | 83 | | subsection or provision and the application of those subsections or provisions shall not be affected 2 |
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84 | 84 | | and shall remain in full force and effect. 3 |
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85 | 85 | | SECTION 2. This act shall take effect upon passage. 4 |
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86 | 86 | | ======== |
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87 | 87 | | LC000932 |
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88 | 88 | | ======== |
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89 | 89 | | |
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90 | 90 | | |
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91 | 91 | | LC000932 - Page 4 of 4 |
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92 | 92 | | EXPLANATION |
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93 | 93 | | BY THE LEGISLATIVE COUNCIL |
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94 | 94 | | OF |
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95 | 95 | | A N A C T |
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96 | 96 | | RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- PSITTACINE BIRDS |
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97 | 97 | | *** |
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98 | 98 | | This act would ban the sale of parrots at pet stores from a breeder or broker; provided, 1 |
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99 | 99 | | however, that pet stores would be allowed to sell parrots obtained from animal care facilities or 2 |
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100 | 100 | | animal rescue organizations. Sale of parrots would be prohibited at any outdoor markets or public 3 |
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101 | 101 | | areas. Violators would be subject to a civil fine with enforcement by the Rhode Island society for 4 |
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102 | 102 | | the prevention of cruelty to animals (RISPCA). 5 |
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103 | 103 | | This act would take effect upon passage. 6 |
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104 | 104 | | ======== |
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105 | 105 | | LC000932 |
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