Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4564 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4564
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES , April 22, 2024.
5	5	The committee on Municipalities and Regional Government, to whom
6	6	were referred the petition (accompanied by bill, House, No. 314) of
7	7	Danielle W. Gregoire and others relative to licensing of dog day care
8	8	businesses and the petition (accompanied by bill, House, No. 2019) of
9	9	Brian M. Ashe and others relative to kennel safety, reports recommending
10	10	that the accompanying bill (House, No. 4564) ought to pass.
11	11	For the committee,
12	12	CAROLE A. FIOLA. 1 of 8
13	13	FILED ON: 4/16/2024
14	14	HOUSE . . . . . . . . . . . . . . . No. 4564
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	An Act to increase kennel safety, aka Ollie's Law.
21	21	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
22	22	of the same, as follows:
23	23	1 SECTION 1. Section 35WW of chapter 10 of the General Laws, as appearing in the 2022
24	24	2Official Edition, is hereby amended by striking out the second paragraph and inserting in place
25	25	3thereof the following paragraph:-
26	26	4 The fund shall consist of (i) all revenues received by the commonwealth pursuant to the
27	27	5voluntary check-off donation indicated on the department of revenue’s annual income tax return
28	28	6authorized by section 6L of chapter 62; (ii) all fines collected by the commissioner of
29	29	7agricultural resources pursuant to sections 137A and 137C of chapter 140; and (iii) any gifts,
30	30	8grants or donations received from public or private sources to further reduce the population of
31	31	9homeless animals. Funds deposited and expended from the fund shall not be assessed any
32	32	10indirect costs.
33	33	11 SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2022
34	34	12Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and
35	35	13inserting in place thereof, in each instance, the following figure:-174G. 2 of 8
36	36	14 SECTION 3. Section 136A of chapter 140 of the General Laws, is hereby further
37	37	15amended by inserting the following definition:-
38	38	16 “Licensee”, a person who owns and maintains a kennel that has received a kennel license
39	39	17from the appropriate licensing authority.
40	40	18 SECTION 4. Section 137A of chapter 140 of the General Laws, is hereby amended by
41	41	19striking out subsections (a) and (b) and inserting in place thereof the following subsections:-
42	42	20 (a) A person maintaining a kennel shall obtain a kennel license. A licensing authority
43	43	21shall issue, suspend, renew, and revoke kennel licenses as specified in this chapter and any other
44	44	22law. In the case of an applicant for initial licensure and in the case of an applicant for license
45	45	23renewal, a licensing authority shall deny a kennel license until a kennel has passed inspection by
46	46	24an animal control officer.
47	47	25 (b) The issuing city or town shall determine the period of time for which a kennel license
48	48	26shall be valid, including the date of issuance of the license through the date on which the license
49	49	27expires, inclusive, and shall further determine the fee for the issuance and renewal of the license.
50	50	28To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall
51	51	29not be counted in the number of dogs kept in a kennel. The name and address of the owner of
52	52	30each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the
53	53	31kennel and available for inspection by an animal control officer, natural resource officer, deputy
54	54	32natural resource officer, fish and game warden or police officer. A commercial boarding or
55	55	33training kennel shall maintain records of individual dog licenses, as required in section 137
56	56	34chapter 140 of the General Laws, for all dogs in its care. A kennel that owns or keeps a dog over 3 of 8
57	57	35the age of 6 months shall comply with the provisions of section 145B of Chapter 140 of the
58	58	36General Laws.
59	59	37 SECTION 5. Section 137A of chapter 140 of the General Laws, is hereby further
60	60	38amended by striking out subsection (d) and inserting in place thereof the following:-
61	61	39 (d) The licensing authority shall specify the type of kennel, as defined in section 136A of
62	62	40chapter 140, and the maximum number of animals that may be maintained by the licensee on the
63	63	41license. Such number shall be determined by the licensing authority and the animal control
64	64	42officer following the required inspection. For commercial boarding or training kennels, this
65	65	43number shall be determined following the required inspection and in accordance with regulations
66	66	44in section 174G to ensure the property can support the number of animals while ensuring their
67	67	45health and safety.
68	68	46 (e) The licensing authority shall annually on June 1 send to the department of agricultural
69	69	47resources a list of all kennels and their addresses licensed by the city or town under this section.
70	70	48 (f) A city or town officer who refuses or willfully neglects to perform the duties imposed
71	71	49upon the officer by this section shall be in violation of this section.
72	72	50 (g) A person who violates this section shall be assessed by the department of agricultural
73	73	51resources a fine of $500 for a first offense and a fine of not more than $1,000 for a second or
74	74	52subsequent offense.
75	75	53 SECTION 6. Said chapter 140 is hereby further amended by striking out section 137C, as
76	76	54so appearing, and inserting in place thereof the following section:- 4 of 8
77	77	55 Section 137C. (a) The mayor of a city, the selectmen of a town, the town manager of a
78	78	56town, the police commissioner in the city of Boston, a chief of police or an animal control officer
79	79	57shall inspect a kennel or cause the inspection of a kennel at least 1 time per year. If a person
80	80	58holding a license or applying for a license to maintain a kennel refuses to allow an inspector to
81	81	59enter and inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of a
82	82	60person’s license to maintain a kennel.
83	83	61 Twenty-five citizens of a city or town may file a petition with the mayor of a city, the
84	84	62selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating
85	85	63that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog
86	86	64maintained in the city or town due to excessive barking or other conditions connected with a
87	87	65kennel. The mayor, selectmen, town manager, or police commissioner, as the case may be, shall
88	88	66not more than 7 days after the filing of petition, give notice to all interested parties of a public
89	89	67hearing. The hearing shall be held not more than 14 days after the date of the notice. The mayor,
90	90	68selectmen, town manager, or police commissioner shall, not more than 7 days after the public
91	91	69hearing, investigate or cause to be investigated the subject matter of the petition and shall, by
92	92	70order: (i) suspend the kennel or license, (ii) revoke the kennel or license; (iii) further regulate the
93	93	71kennel; or (iv) dismiss the petition.
94	94	72 (b) A written notice under subsection (a) of an order revoking or suspending the license,
95	95	73further regulating the kennel or dismissing the petition shall be mailed immediately to the
96	96	74licensee and to the officer that issued the license. Not more than 10 days after the written notice
97	97	75of the order, the licensee may file a petition in the district court in the judicial district in which
98	98	76the kennel is maintained seeking review of the order. After notice to all parties as the court may
99	99	77consider necessary, the court shall review the action, hear the witnesses and affirm the order 5 of 8
100	100	78unless it shall appear that it was made without proper cause or in bad faith, in which case the
101	101	79order shall be reversed. The decision of the court shall be final and conclusive upon the parties.
102	102	80A person maintaining a kennel after the license to maintain a kennel has been revoked or
103	103	81suspended shall be punished by a fine of not more than $250 for a first offense, by a fine of not
104	104	82less than $500 for a second offense and by a fine of not more than $1,500 for a third or
105	105	83subsequent offense by the department of agricultural resources.
106	106	84 SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting
107	107	85after section 174F, the following section:-
108	108	86 Section 174G. (a) The department shall promulgate rules and regulations for commercial
109	109	87boarding or training kennels, including those located at a private residence, which shall include
110	110	88but not be limited to licensing, inspection, compliance and enforcement, use of best practices and
111	111	89operation, provider and staff to animal ratios, fire and emergency planning, injury reporting,
112	112	90group sizes and supervision, minimum housing and care requirements, indoor and outdoor
113	113	91physical facility requirements, utilities, body language interpretation, breed familiarity, dog
114	114	92handling, insurance, proper education and training of dog daycare staff, operational safety
115	115	93standards, risk management, and consumer education and protection. The department shall
116	116	94require commercial boarding or training kennels to report injuries to animals or people. The
117	117	95department shall develop a form for such reporting and a time frame for submitting a report after
118	118	96an injury. The form shall be available on the department’s website for the public to report
119	119	97injuries. The department shall make investigative reports publicly available on its website if the
120	120	98investigation results in the department bringing enforcement action against the kennel. 6 of 8
121	121	99 (b) The inspection of a commercial boarding or training kennel to enforce the rules and
122	122	100regulations promulgated under section 174G may be done by the commissioner or an authorized
123	123	101inspector and shall take place between the hours of 7:00 am and 7:00 pm unless an alternate time
124	124	102is mutually agreed upon by the inspector and the licensee. An authorized inspector may include
125	125	103but is not limited to an animal control officer, the mayor of a city, the selectmen of a town, the
126	126	104town manager of a town, the police commissioner in the city of Boston, or another designated
127	127	105official. The licensee or an authorized agent of the licensee shall be present during the inspection
128	128	106and the licensee shall be given reasonable notice prior to the inspection; provided, however, that
129	129	107the commissioner or other authorized inspector may determine that it is not appropriate to
130	130	108provide advance notice to the licensee before arriving at the facility if necessary to adequately
131	131	109perform the inspection. If a kennel regulated under said section 174G is located at a private
132	132	110residence, only the areas of the residence that are used for kennel purposes or for the
133	133	111maintenance of kennel records shall be required to be available for inspection. If, in the judgment
134	134	112of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary
135	135	113and humane manner or if records have not been properly kept as required by law and in
136	136	114compliance with said section 174G, the commissioner or authorized inspector, shall, by order,
137	137	115suspend the license for the kennel depending on the severity of the offense or issue to the
138	138	116licensee a written citation or notice which explains the noncompliant issue and requires the
139	139	117licensee to come into compliance within a reasonable, specified timeframe. If the licensee fails to
140	140	118come into compliance within the time period specified by the commissioner or authorized
141	141	119inspector, the commissioner or authorized inspector shall, by order, revoke the license for the
142	142	120kennel. 7 of 8
143	143	121 (c) An enforcement under subsection (b) from the department may be appealed within 21
144	144	122days to the Division of Administrative Law Appeals pursuant to chapter 30A of the General
145	145	123Laws.
146	146	124 SECTION 8. Notwithstanding any general or special law or rule or regulation to the
147	147	125contrary, there shall be a committee to advise the commissioner of agricultural resources on the
148	148	126promulgation of regulations as required by section 174G of chapter 140. Such committee shall be
149	149	127appointed by the commissioner and consist of: 1 representative from the department of
150	150	128agricultural resources; 1 owner of a licensed commercial boarding or training kennel with a
151	151	129kennel license with a capacity of not more than 50 dogs; 1 owner of a licensed commercial
152	152	130boarding or training kennel with a kennel license with a capacity of 50 or more dogs in a kennel
153	153	131not located in a home; 2 animal control officers, 1 representing a municipality having 5 or more
154	154	132daycare facilities and 1 representing a municipality having fewer than 5 daycare facilities; 1
155	155	133licensing authority representative; 1 representative of a kennel association or an organization
156	156	134representing kennels; 1 veterinarian or member of a veterinary medical association organized in
157	157	135the commonwealth; 1 member of the general public with an interest in the well-being of dogs; 1
158	158	136dog owner who uses the services of a licensed commercial boarding or training kennel; 1 animal
159	159	137behaviorist certified by International Association of Animal Behavior Consultants, Inc. or by a
160	160	138comparable certifying entity approved by the department; 1 person with a minimum of 5 years’
161	161	139experience training people on dog behavior; and 1 representative from a shelter or rescue
162	162	140organization licensed by the department.
163	163	141 The commissioner shall consider diversity, equity and inclusion aspects when appointing
164	164	142said committee. Members of the committee shall be residents of the commonwealth or do
165	165	143business in the commonwealth. Members should reflect the geographic diversity of the 8 of 8
166	166	144commonwealth, representing municipalities with different forms of government. The committee
167	167	145shall elect a chair at the initial meeting.
168	168	146 The commissioner shall appoint said committee within 90 days of the effective date of
169	169	147this act.
170	170	148 SECTION 9. The department of agricultural resources shall promulgate the regulations
171	171	149under section 174G of chapter 140 of the General Laws not more than 18 months after the
172	172	150effective date of this act. The department shall provide an updated list of the regulations under
173	173	151section 174G of chapter 140 as well as any relevant education or training programs to local
174	174	152licensing authorities, animal control officers, and any other applicable local officials for the
175	175	153enforcement of these regulations. The department shall annually review these regulations once
176	176	154promulgated and shall annually review the list of kennels submitted as required by section 137A
177	177	155of chapter 140 of the General Laws to evaluate for compliance of municipalities issuing kennel
178	178	156licenses in accordance with said chapter. The department shall file an annual report with the Joint
179	179	157Committee on Municipalities and Regional Government as to the number of kennel licenses
180	180	158issued throughout the commonwealth, the type of kennel licenses issued, municipalities not in
181	181	159compliance with the license requirements, and any related legislative recommendations.
182	182	160 SECTION 10. Section 8 shall expire on December 31, 2026.