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HOUSE . . . . . . . No. 4919
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July 25, 2024.
The committee on Ways and Means, to whom was referred the Bill to
increase kennel safety, aka Ollie's Law (House, No. 4564), reports
recommending that the same ought to pass with an amendment
substituting therefor the accompanying bill (House, No. 4919).
For the committee,
AARON MICHLEWITZ. 2 of 9
FILED ON: 7/25/2024
HOUSE . . . . . . . . . . . . . . . No. 4919
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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. Section 136A of chapter 140 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F”, each time
3it appears, and inserting in place thereof, in each instance, the following figure:- 174G.
4 SECTION 2. Said section 136A of said chapter 140, as so appearing, is hereby further
5amended by inserting, after the definition of “Kennel”, the following definition:-
6 “Licensee”, a person who owns and maintains a kennel that has received a kennel license
7from the relevant licensing authority.
8 SECTION 3. Section 137A of said chapter 140, as so appearing, is hereby amended by
9striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
10 (a) A person maintaining a kennel shall obtain a kennel license. A licensing authority
11shall issue, suspend, renew and revoke kennel licenses as specified in this chapter and any other 3 of 9
12law. In the case of an applicant for initial licensure and license renewal, a licensing authority
13shall deny a kennel license until a kennel has passed inspection by an animal control officer.
14 (b)(1) The issuing city or town shall determine the period of time for which a kennel
15license shall be valid, including the date of issuance of the license through the date on which the
16license expires, inclusive, and shall further determine the fee for the issuance and renewal of the
17license. To determine the amount of the license fee for a kennel, a dog under the age of 3 months
18shall not be counted in the number of dogs kept in a kennel. The name and address of the owner
19of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the
20kennel and available for inspection by an animal control officer, natural resource officer, deputy
21natural resource officer, fish and game warden or police officer. A kennel that owns or keeps a
22dog over the age of 6 months shall comply with section 145B.
23 (2) A commercial boarding or training kennel shall maintain records of individual dog
24licenses, as required in section 137, for all dogs in its care.
25 SECTION 4. Said section 137A of said chapter 140, as so appearing, is hereby further
26amended by striking out subsection (d) and inserting in place thereof the following 3
27subsections:-
28 (d) The licensing authority shall specify the type of kennel and the maximum number of
29animals that may be maintained by the licensee on the license. Such number shall be determined
30by the licensing authority and the animal control officer following the required inspection. For
31commercial boarding or training kennels, the number of animals shall be determined following
32the required inspection and in accordance with regulations promulgated pursuant to section 174G
33to ensure the property can support the number of animals while ensuring their health and safety. 4 of 9
34 (e)(1) Annually, not later than June 1, the licensing authority shall send to the department
35a list of all kennels and their addresses licensed by the city or town under this section.
36 (2) The department shall annually review the list of kennels submitted as required by this
37section to evaluate for compliance of municipalities issuing kennel licenses in accordance with
38this chapter.
39 (f) A person who violates this section shall be assessed by the licensing authority a fine of
40$500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
41 SECTION 5. Said chapter 140 is hereby further amended by striking out section 137C
42and inserting in place thereof the following section:-
43 Section 137C. (a) The mayor of a city, the select board of a town, the town manager of a
44town, the police commissioner in the city of Boston, a chief of police or an animal control officer
45shall inspect a kennel or cause the inspection of a kennel at least 1 time per year. If a licensee or
46a person applying for a license to maintain a kennel refuses to allow an inspector to enter and
47inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of the license.
48 Twenty-five citizens of a city or town may file a petition with the mayor of a city, the
49select board of a town or the police commissioner in the city of Boston, as the case may be,
50stating that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance
51by a dog maintained in the city or town due to excessive barking or other conditions connected
52with a kennel. The mayor, select board, town manager or police commissioner in the city of
53Boston, as the case may be, shall not more than 7 days after the filing of petition, give notice to
54all interested parties of a public hearing. The hearing shall be held not more than 14 days after
55the date of the notice. The mayor, select board, town manager or police commissioner in the city 5 of 9
56of Boston shall, not more than 7 days after the public hearing, investigate or cause to be
57investigated the subject matter of the petition and shall, by order: (i) suspend the license; (ii)
58revoke the license; (iii) further regulate the kennel; or (iv) dismiss the petition.
59 (b) A written notice under subsection (a) of an order revoking or suspending the license,
60further regulating the kennel or dismissing the petition shall be mailed immediately to the
61licensee and to the officer that issued the license. Not more than 10 days after the written notice
62of the order, the licensee may file a petition in the district court in the judicial district in which
63the kennel is maintained seeking review of the order. After notice to all parties as the court may
64consider necessary, the court shall review the action, hear the witnesses and affirm the order
65unless it shall appear that it was made without proper cause or in bad faith, in which case the
66order shall be reversed. The decision of the court shall be final and conclusive upon the parties.
67A person maintaining a kennel after the license to maintain a kennel has been revoked or
68suspended shall be assessed by the licensing authority a fine of not more than $250 for a first
69offense, by a fine of not less than $500 for a second offense and by a fine of not more than
70$1,500 for a third or subsequent offense.
71 SECTION 6. Said chapter 140 is hereby further amended by inserting after section 174F
72the following section:-
73 Section 174G. (a) The department shall promulgate rules and regulations for commercial
74boarding or training kennels, including those located at a private residence, which shall include,
75but not be limited to, licensing, inspection, compliance and enforcement, use of best practices
76and operation, provider and staff to animal ratios, fire and emergency planning, injury reporting,
77group sizes and supervision, minimum housing and care requirements, indoor and outdoor 6 of 9
78physical facility requirements, utilities, body language interpretation, breed familiarity, dog
79handling, insurance, proper education and training of commercial boarding or training kennel
80staff, including, but not limited to, dog daycare staff, operational safety standards, risk
81management and consumer education and protection.
82 (b)(1) Commercial boarding or training kennels shall report to the licensing authority
83injuries to animals or people and the department or licensing authority shall investigate all
84reports. The department shall develop a form for such reporting and a time frame for submitting
85a report after an injury. The form shall be available on the department’s website for the public to
86report injuries.
87 (2) The department shall make investigative reports of injuries publicly available on its
88website if the investigation results in the department bringing enforcement action against the
89kennel.
90 (c)(1) An inspection of a commercial boarding or training kennel to enforce the rules and
91regulations promulgated pursuant to subsection (a) may be done by the commissioner or an
92authorized inspector and shall take place between the hours of 7:00 am and 7:00 pm unless an
93alternate time is mutually agreed upon by the inspector and the licensee. An authorized inspector
94may include, but shall not be limited to, an animal control officer, the mayor of a city, the select
95board of a town, the town manager of a town, the chief of police, the police commissioner in the
96city of Boston or another designated official. The licensee or an authorized agent of the licensee
97shall be present during the inspection. If a kennel regulated under this section is located at a
98private residence, only the areas of the residence that are used for kennel purposes or for the
99maintenance of kennel records shall be required to be available for inspection. 7 of 9
100 (2) If, in the judgment of the commissioner or an authorized inspector, a kennel is not
101being maintained in a sanitary and humane manner or if records have not been properly kept as
102required by law and in compliance with this section, the commissioner or authorized inspector,
103shall, by order, suspend the license for the kennel depending on the severity of the offense or
104issue to the licensee a written citation or notice which explains the noncompliant issue and
105requires the licensee to come into compliance within a reasonable, specified timeframe. If the
106licensee fails to come into compliance within the time period specified by the commissioner or
107authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license
108for the kennel.
109 (3) An enforcement under subsection (b) may be appealed within 21 days to the district
110court in the judicial district in which the kennel is maintained.
111 (4) In a municipality without an authorized inspector or when the department conducts
112investigations and enforcements, the commissioner may, by order, suspend or revoke a license
113for a kennel in violation of this section. An enforcement under subsection (b) from the
114commissioner may be appealed within 21 days to the division of administrative law appeals
115pursuant to chapter 30A.
116 SECTION 7. (a) Notwithstanding any general or special law or rule or regulation to the
117contrary, there shall be a committee to advise the commissioner of agricultural resources on the
118promulgation of regulations as required by section 174G of chapter 140 of the General Laws.
119 (b)(1) The committee shall be appointed by the commissioner and shall consist of: 1
120representative from the department of agricultural resources; 1 owner of a licensed commercial
121boarding or training kennel with a kennel license with a capacity of not more than 50 dogs; 1 8 of 9
122owner of a licensed commercial boarding or training kennel with a kennel license with a capacity
123of 50 or more dogs in a kennel not located in a home; 2 animal control officers, 1 of whom shall
124represent a municipality having 5 or more animal daycare facilities and 1 of whom shall
125represent a municipality having fewer than 5 animal daycare facilities; 1 licensing authority
126representative; 1 representative of a kennel association or an organization representing kennels; 1
127veterinarian or member of a veterinary medical association organized in the commonwealth; 1
128member of the general public with an interest in the well-being of dogs; 1 dog owner who uses
129the services of a licensed commercial boarding or training kennel; 1 animal behaviorist certified
130by International Association of Animal Behavior Consultants, Inc. or by a comparable certifying
131entity approved by the department; 1 person with not less than 5 years of experience training
132people on dog behavior; and 1 representative from a shelter or rescue organization licensed by
133the department.
134 (2) The commissioner shall consider diversity, equity and inclusion when appointing the
135committee. Members of the committee shall be residents of the commonwealth or do business in
136the commonwealth. Members shall reflect the geographic diversity of the commonwealth,
137representing municipalities with different forms of government. The committee shall elect a
138chair at the initial meeting.
139 (c) The commissioner of agricultural resources shall appoint the members of the
140committee to advise the commissioner on the promulgation of regulations, as required by section
141174G of chapter 140 of the General Laws, not more than 90 days of the effective date of this act.
142 SECTION 8. The department of agricultural resources shall promulgate the regulations
143pursuant to section 174G of chapter 140 of the General Laws, inserted by section 6, not more 9 of 9
144than 18 months after the effective date of this act. The department shall provide an updated list of
145the regulations under said section 174G of said chapter 140 and any relevant education or
146training programs to local licensing authorities, animal control officers and any other applicable
147local officials for the enforcement of the regulations.
148 SECTION 9. Not later than July 1, 2025, the department shall file a report with the joint
149committee on municipalities and regional government on the number of kennel licenses issued
150throughout the commonwealth, the type of kennel licenses issued, municipalities not in
151compliance with the license requirements and any related legislative recommendations.
152 SECTION 10. Section 7 is hereby repealed.
153 SECTION 11. Section 10 shall be effective on December 31, 2026.