What’s Hot…. Rhode Island Legislation: Hobby Breeders, Sales Tax, and Emotion-based Damages
Kelly Crouch, CFA Legislative Information Liaison
A proposed amendment to Rhode Island statutes regulating cat and dog breeders would increase the number of breeders subject to state licensing while eliminating the dog-only exemption. Senate Bill 325 amends the existing definition of hobby breeder but reduces the number of litters a breeder can sell and avoid classification as a breeder subject to licensing. Legislation on sales taxes and emotion-based damages that could impact fanciers was also introduced this year.
Currently, two statutes address cat breeding. Title 4, Animals and Animal Husbandry, Chapter 24, Permit Program for Cats mandates local issuance and enforcement of breeding permits ONLY for cat breeders unless a local jurisdiction prohibits cat breeding. Enacted in 2006, the statute contains several recognizable requirements, including inspections, standards of care, and immunization. In 2017, a bill establishing comprehensive breeding licensing for cat and dog breeders was enacted, defining breeder and hobby breeder. Under Rhode Island General Laws §4-19-2 (10), a 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.”
A hobby breeder is defined as:
“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.”
The issue arises with the quantitative exemption contained in §4-25-1(4) in which the definition of seller refers solely to dogs. However, both dogs and cats are included in the definition of breeder. Senate Bill 325, if enacted, would amend the definition of hobby breeder to the following:
“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 sale or offering for sale of greater than two (2) litters of dogs or cats, or combination of dogs or cats, in any three hundred and sixty-five (365) day period. Any person who exceeds these limits will be defined as a breeder.”
This would eliminate the §4-25-1(4) dog exemption for persons selling fewer than 20 dogs or three litters, whichever is greater, for the breeder licensing law. Instead, it would impose a two-litter restriction on hobby breeders to avoid being categorized as breeders. Senate Bill 325 has been referred to the Senate Environment and Agriculture Committee.
Another proposed bill, Senate Bill 340, could also have a significant impact on Rhode Island breeders. If enacted, it would add the purchase of animals from a breeder to the many things subject to sales tax. This bill has been referred to the Senate Finance Committee.
In other Rhode Island news, House Bill 5926, which would add authority for emotion-based damages to animal cruelty laws if enacted, has been referred for study. While that often means the end of a bill, the Speaker of the House can bring it back for consideration. It should be noted that the speaker is also the bill sponsor. Emotion-based, or noneconomic, damages increase the cost of pet care for all while benefitting the rare few pet owners.
You are the eyes and ears of the cat fancy!Is detrimental legislation happening in your area? Please let us know. Contact the CFA Legislative Group at legislation@cfa.org
CFALegislativeNews: https://www.facebook.com/CFALegislativeNews
CFA Legislative Group Blog: https://legislative.cfa.org/