Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4911 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE . . . . . . . No. 4911
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4	HOUSE OF REPRESENTATIVES, July 25, 2024.
5	5	The committee on Ways and Means, to whom was referred the Bill
6	6	relative to animal welfare and DCF regulations (House, No. 198), reports
7	7	recommending that the same ought to pass with an amendment
8	8	substituting therefor the accompanying bill (House, No. 4911).
9	9	For the committee,
10	10	AARON MICHLEWITZ. 1 of 4
11	11	FILED ON: 7/25/2024
12	12	HOUSE . . . . . . . . . . . . . . . No. 4911
13	13	The Commonwealth of Massachusetts
14	14	_______________
15	15	In the One Hundred and Ninety-Third General Court
16	16	(2023-2024)
17	17	_______________
18	18	An Act relative to animal welfare and reporting of animal cruelty, abuse or neglect.
19	19	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
20	20	of the same, as follows:
21	21	1 SECTION 1. Chapter 19A of the General Laws is hereby amended by striking out section
22	22	242, inserted by section 3 of chapter 219 of the acts of 2018, and inserting in place thereof the
23	23	3following section:-
24	24	4 Section 42A. (a) Any employee of the department, its designated agency or any person
25	25	5employed pursuant to a contract with the department or its designated agency, when acting in
26	26	6their professional capacity or within the scope of their employment, who has knowledge of or
27	27	7observes an animal whom they know or reasonably suspect has been the victim of animal
28	28	8cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to
29	29	9the entities that investigate reports of animal cruelty, abuse or neglect, as described in section 57
30	30	10of chapter 22C, or any local animal control authority.
31	31	11 (b) The report may be made within 2 working days of receiving the information
32	32	12concerning the animal, by facsimile transmission or a written report or by telephone. In cases 2 of 4
33	33	13where an immediate response may be necessary to protect the health and safety of the animal, the
34	34	14report shall be made by telephone as soon as possible.
35	35	15 (c) When 2 or more employees of the department or its designated agency, or persons
36	36	16employed pursuant to a contract with the department or its designated agency, are present and
37	37	17jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, and
38	38	18where there is agreement among them, a report may be made by 1 person by mutual agreement.
39	39	19Any reporter who has knowledge that the person designated to report has failed to do so may
40	40	20thereafter make the report.
41	41	21 (d) No person making such report shall be liable in any civil or criminal action by reason
42	42	22of such report if it was made in good faith. Any privilege established by sections 135A and 135B
43	43	23of chapter 112 or by section 20B of chapter 233, relating to confidential communications shall
44	44	24not prohibit the filing of a report pursuant to this section.
45	45	25 (e) Nothing in this section shall impose a duty on the department or its designated agency
46	46	26to investigate known or reasonably suspected animal cruelty, abuse or neglect.
47	47	27 (f) Nothing in this section shall prevent the department, area office or subdivision or its
48	48	28designated agency from entering into an agreement, contract or memorandum of understanding
49	49	29with the entities that investigate reports of animal cruelty, abuse or neglect as described in
50	50	30section 57 of chapter 22C, to require such reports or to engage in training in identification and
51	51	31reporting of animal abuse, cruelty and neglect.
52	52	32 SECTION 2. Section 14 of chapter 19C of the General Laws, as appearing in the 2022
53	53	33Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “During any 3 of 4
54	54	34investigation or evaluation reported under section 5, any” and inserting in place thereof the
55	55	35following word:- Any.
56	56	36 SECTION 3. Chapter 119 of the General Laws is hereby amended by inserting after
57	57	37section 26C the following section:-
58	58	38 Section 26D. (a) The department may request that a foster or pre-adoptive parent
59	59	39applicant or a foster or pre-adoptive parent obtain and provide a copy of a behavior or
60	60	40temperament assessment or provide veterinary records for any animal maintained on premises
61	61	41used as a foster or pre-adoptive home. The cost of the behavior or temperament assessment shall
62	62	42be borne by the foster or pre-adoptive parent or applicant. The department shall not restrict
63	63	43placement of a child solely based on the presence of any particular breed of dog in the home. The
64	64	44department may consider:
65	65	45 (i) the age of the child;
66	66	46 (ii) any prior incidents of dangerous behavior between the child and animals in previous
67	67	47placements;
68	68	48 (iii) veterinary records, including, but not limited to, whether the animal may have
69	69	49disease and parasites; provided, that the department may contact the veterinarian for a reference
70	70	50or additional information;
71	71	51 (iv) whether the animal is licensed and vaccinated as prescribed by sections 145B and
72	72	52147 of chapter 140 or any other law or local ordinance or by-law;
73	73	53 (v) the age and size of the animal;
74	74	54 (vi) whether the animal has been neutered; 4 of 4
75	75	55 (vii) a copy of a behavior or temperament assessment;
76	76	56 (viii) any prior incidents of dangerous behavior or incidents by the animal;
77	77	57 (ix) behavioral aspects of the child;
78	78	58 (x) the number of animals on the premises; and
79	79	59 (xi) whether the animal is penned or caged at any time, and if so, under what
80	80	60circumstances and for what purpose.
81	81	61 (b) The department may request that a foster or pre-adoptive parent applicant or a foster
82	82	62or pre-adoptive parent obtain and provide any other information deemed necessary to the safety
83	83	63and well-being of the child as it relates to the status of any animal in the home.
84	84	64 (c) The department may promulgate regulations necessary to administer this section.
85	85	65 SECTION 4. Section 85 of said chapter 119, as appearing in the 2022 Official Edition, is
86	86	66hereby amended by striking out, in lines 1 and 2, the words “During any investigation or
87	87	67evaluation reported under section 51A, any” and inserting in place thereof the following word:-
88	88	68Any.