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HOUSE DOCKET, NO. 2497 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2019
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Brian M. Ashe
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to increase kennel safety, aka Ollie’s Law.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/19/2023Rodney M. Elliott16th Middlesex1/20/2023Angelo J. Puppolo, Jr.12th Hampden1/20/2023Adam Scanlon14th Bristol1/23/2023Gerard J. Cassidy9th Plymouth1/23/2023Patricia A. Duffy5th Hampden1/24/2023Bradley H. Jones, Jr.20th Middlesex1/24/2023Brian W. Murray10th Worcester1/25/2023Mark C. MontignySecond Bristol and Plymouth1/26/2023Jack Patrick Lewis7th Middlesex1/26/2023Josh S. Cutler6th Plymouth1/26/2023Kate Donaghue19th Worcester1/27/2023Sean Garballey23rd Middlesex1/30/2023Vanna Howard17th Middlesex2/1/2023Thomas P. Walsh12th Essex2/2/2023Steven Owens29th Middlesex2/2/2023Tram T. Nguyen18th Essex2/3/2023Thomas M. Stanley9th Middlesex2/3/2023 2 of 2
Lindsay N. Sabadosa1st Hampshire2/3/2023John Barrett, III1st Berkshire2/6/2023Ruth B. Balser12th Middlesex2/6/2023Natalie M. Higgins4th Worcester2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Carol A. Doherty3rd Bristol2/6/2023Sal N. DiDomenicoMiddlesex and Suffolk2/7/2023William C. Galvin6th Norfolk2/7/2023Joseph D. McKenna18th Worcester2/7/2023Paul McMurtry11th Norfolk2/8/2023Michelle M. DuBois10th Plymouth2/8/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023Denise C. Garlick13th Norfolk2/15/2023Samantha Montaño15th Suffolk2/15/2023James K. Hawkins2nd Bristol2/23/2023Hannah Kane11th Worcester3/1/2023Bruce J. Ayers1st Norfolk3/9/2023Adrianne Pusateri Ramos14th Essex3/9/2023 1 of 8
HOUSE DOCKET, NO. 2497 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2019
By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2019) of
Brian M. Ashe and others relative to kennel safety. Municipalities and Regional Government.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to increase kennel safety, aka Ollie’s Law.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. This Act shall be known as Ollie’s Law.
2 SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2020
3Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and
4inserting in place thereof, in each instance, the following figure:- 174G.
5 SECTION 3. Section 136A of Chapter 140 of the General Laws, is hereby further
6amended in the definition of “Personal kennel” by striking in line 77-79 the phrase “more than 4
7dogs, 3 months old or older, owned or kept under single ownership, for private personal use;”
8and replacing with the following phrase:-
9 5 or more dogs, 6 months old or older, owned or kept under single ownership, for private
10personal use; 2 of 8
11 SECTION 4. Section 136A of Chapter 140 of the General Laws is hereby further
12amended in the definition of “Kennel” by adding in line 53 after the phrase “domestic charitable
13corporation kennel,” the phrase:- personal breeder kennel,
14 SECTION 5. Section 136A of Chapter 140 of the General Laws, is hereby further
15amended by inserting the following definition:-
16 “Personal breeder kennel”, a pack or collection of 5 or more intact female dogs on a
17single premise, kept for the purpose of breeding and selling the offspring to breeders or
18individuals by private sale, provided that this does not include a personal kennel where animals
19are only bred for private personal use and not offered for sale or exchange, nor a commercial
20breeder kennel where animals are sold or exchanged to wholesalers, brokers or pet shops in
21return for consideration.
22 SECTION 6. Chapter 129 of the General Laws is hereby amended by inserting after
23section 39G the following new section:-
24 39H. Every person operating a kennel, as defined in section 136A of Chapter 140, shall
25obtain a license as required by said chapter.
26 SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting
27after section 174F, the following section:-
28 Section 174G.
29 The department shall promulgate rules and regulations for commercial boarding or
30training kennels, including those located at a private residence, including, but not limited to staff
31to animal ratios, fire and emergency planning, group sizes and supervision, minimum housing 3 of 8
32and care requirements, indoor and outdoor physical facility requirements, dog handling, and
33insurance. The department shall require commercial boarding or training kennels to report
34injuries to animals or people. The department shall develop a form for such reporting and a time
35frame for submitting a report after an injury. The form shall be available on the department’s
36website for the public to report injuries. The department shall make investigative reports publicly
37available on its website if the investigation results in the department bringing enforcement action
38against the kennel. The department shall promulgate rules and regulations for commercial and
39personal breeder kennels to ensure that the animals and their offspring have proper housing,
40which shall include requirements for adequate space, temperature, solid flooring and a
41prohibition on the stacking of cages, nutrition, hydration, behavioral requirements, grooming,
42staffing, handling, health and veterinary care, exercise, socialization and other general standards
43of care.
44 The department shall have the ability to enforce this section under its powers in Chapter
45129.
46 SECTION 8. There shall be a committee to advise the commissioner of agricultural
47resources on the promulgation of regulations as required by section 174G of chapter 140 and to
48annually review the regulations once promulgated. The committee should advise on issues
49including, but not limited to, appropriate training for kennel staff. Such committee shall be
50appointed by the commissioner and consist of: 1 representative from the department of
51agricultural resources; 1 owner of a boarding kennel or doggie daycare with a kennel license
52with a capacity of not more than 50 dogs; 1 owner of a boarding kennel or doggie daycare with a
53kennel license with a capacity of 50 or more dogs in a kennel not located in a home; 1 animal
54control officer or representative of an association organized in the commonwealth for animal 4 of 8
55control officers; 1 veterinarian or member of a veterinary medical association organized in the
56commonwealth; 1 member of the general public with an interest in the well-being of domestic
57animals; 1 animal behaviorist certified by International Association of Animal Behavior
58Consultants or a program as approved by the department; 1 person with a minimum of 5 years’
59experience training people on dog behavior; 1 dog breeder who breeds fewer than 10 dogs per
60year; 1 dog breeder who breeds more than 10 dogs per year; 1 representative from an animal
61protection organization; and other individuals as determined by the department.
62 The commissioner shall consider diversity, equity and inclusion aspects when appointed
63said committee. Members of the committee shall be residents of the commonwealth or do
64business in the commonwealth. The committee shall elect a chair at the initial meeting and every
65two years thereafter.
66 The commissioner shall appoint said committee within 90 days of the passage of this law.
67 SECTION 9. Section 137 of chapter 140 of the General Laws is hereby further amended
68by striking out, in subsection (c), the sixth sentence.
69 SECTION 10. Section 137A of chapter 140 of the General Laws, is hereby amended by
70striking out subsection (a) and (b) and inserting in place thereof the following subsection:-
71 (a) A person keeping 5 or more dogs, 6 months old or older shall obtain a kennel license.
72The kennel license is in addition to the individual licenses for dogs over the age of 6 months, as
73required in section 137. A licensing authority shall issue and revoke kennel licenses as specified
74in this chapter and any other laws. In the case of an applicant for initial licensure and in the case
75of an applicant for license renewal, a licensing authority shall deny a kennel license until a
76kennel has passed inspection by an animal control officer. 5 of 8
77 (b) The issuing city or town shall determine the period of time for which a kennel license
78shall be valid, including the date of issuance of the license through the date on which the license
79expires, inclusive, and shall further determine the fee for the issuance and renewal of the license.
80To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall
81not be counted in the number of dogs kept in a kennel. The name and address of the owner of
82each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the
83kennel and available for inspection by an animal control officer, natural resource officer, deputy
84natural resource officer, fish and game warden or police officer.
85 SECTION 11. Section 137A of chapter 140 of the General Laws, is hereby further
86amended by striking subsection (d) and inserting place thereof the following:-
87 (d) The licensing authority shall specify the type of kennel, as defined in 136A of chapter
88140, and the maximum number of animals that may be maintained by the licensee on the license.
89Such number shall be determined by the licensing authority and the animal control officer
90following the required inspection, and in accordance with regulations in section 174G to ensure
91the property can support the number of animals while ensuring their health and safety.
92 (e) The licensing authority shall annually on June 1 send to the department a list of all
93kennels and their addresses licensed by the city or town under this section.
94 (f) A city or town officer who refuses or willfully neglects to perform the duties imposed
95upon the officer by this section shall be in violation of this section.
96 (g) A person who violates this section shall be assessed a fine of $500 for a first offense
97and a fine of not more than $1,000 for a second or subsequent offense. 6 of 8
98 SECTION 12. Said chapter 140 is hereby further amended by striking out section 137C,
99as so appearing, and inserting in place thereof the following section:-
100 Section 137C. (a) The mayor of a city, the selectmen of a town, the police commissioner
101in the city of Boston, a chief of police or an animal control officer shall inspect a kennel or cause
102the inspection of a kennel at least 1 time per year. If a person holding a license or applying for a
103license to operate a kennel or refuses to allow an inspector to enter and inspect a kennel or, the
104refusal shall be grounds for denial, suspension or revocation of a person’s license to operate a
105kennel.
106 Twenty-five citizens of a city or town may file a petition with the mayor of a city, the
107selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating
108that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog
109maintained in the city or town due to excessive barking or other conditions connected with a
110kennel. The mayor, selectmen or police commissioner, as the case may be, shall, not more than 7
111days after the filing of the petition, give notice to all interested parties of a public hearing. The
112hearing shall be held not more than 14 days after the date of the notice. The mayor, selectmen or
113police commissioner shall, not more than 7 days after the public hearing, investigate or cause to
114be investigated the subject matter of the petition and shall, by order: (i) suspend the kennel or
115license; (ii) revoke the kennel or license; (iii) further regulate the kennel; or (iv) dismiss the
116petition.
117 (b) The inspection of a kennel to enforce the rules and regulations promulgated under
118section 174G may be done by the commissioner or an authorized inspector and shall take place
119between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon by 7 of 8
120the inspector and the operator. The operator or an authorized agent of the operator shall be
121present during the inspection and the operator shall be given a reasonable notice prior to the
122inspection; provided, however, that the commissioner or other authorized inspector may
123determine that it is not appropriate to provide advance notice to the operator before arriving at
124the facility if necessary to adequately perform the inspection. If a kennel regulated under said
125section 174G is located at a private residence, only the areas of the residence that are used for
126kennel purposes or for the maintenance of kennel records shall be required to be available for
127inspection. If, in the judgment of the commissioner or an authorized inspector, a kennel is not
128being maintained in a sanitary and humane manner or if records have not been properly kept as
129required by law and in compliance with said section 174G, the commissioner or authorized
130inspector shall, by order, suspend the license for the kennel depending on the severity of the
131offense or issue to the operator a written citation or notice which explains the noncompliant issue
132and requires the operator to come into compliance within a reasonable, specified timeframe. If
133the operator fails to come into compliance within the time period specified by the commissioner
134or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the
135license for the kennel.
136 (c) A written notice under subsection (a) of an order revoking or suspending the license,
137further regulating the kennel or dismissing the petition shall be mailed immediately to the
138licensee and to the officer that issued the license. Not more than 10 days after the written notice
139of the order, the licensee may file a petition in the district court in the judicial district in which
140the kennel is maintained seeking review of the order. The decision of the court shall be final and
141conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel
142has been revoked or suspended shall be punished by a fine of not more than $250 for a first 8 of 8
143offense, by a fine of not less than $500 for a second offense and by a fine of not more than
144$1,500 for a third or subsequent offense.
145 (d) An enforcement action under subsection (b) from the department may be appealed
146within 21 days to the Division of Administrative Law Appeals pursuant to M.G.L. c. 30A.
147 SECTION 13. Section 37 of Chapter 129 of the General Laws, as appearing in the 2020
148Official Edition, is hereby amended by inserting after the fourth sentence the following
149sentence:-
150 Such fines shall not revert to the General Fund and shall instead be deposited in the
151Homeless Animal Prevention and Care Fund, as established by section 35ww of chapter 10 of
152General Laws and shall be available for use in subsequent fiscal years.
153 SECTION 14. The department of agricultural resources shall promulgate the regulations
154required under section 174G of chapter 140 of the General Laws not more than 18 months after
155the effective date of this act.