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| 2 | 2 | | SENATE DOCKET, NO. 1250 FILED ON: 1/19/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1309 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mark C. Montigny |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to increase kennel safety aka Ollie’s Law. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthAdam GomezHampden1/25/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023John F. KeenanNorfolk and Plymouth2/2/2023Thomas M. Stanley9th Middlesex2/3/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Sal N. DiDomenicoMiddlesex and Suffolk2/7/2023Bruce E. TarrFirst Essex and Middlesex2/9/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023James K. Hawkins2nd Bristol2/24/2023Hannah Kane11th Worcester3/1/2023Jason M. LewisFifth Middlesex3/6/2023 1 of 8 |
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| 16 | 16 | | SENATE DOCKET, NO. 1250 FILED ON: 1/19/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1309 |
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| 18 | 18 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1309) of Mark C. Montigny, |
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| 19 | 19 | | Adam Gomez, Jacob R. Oliveira, Jack Patrick Lewis and other members of the General Court for |
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| 20 | 20 | | legislation to increase kennel safety aka Ollie’s Law. Municipalities and Regional Government. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to increase kennel safety aka Ollie’s Law. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. This Act shall be known as Ollie’s Law. |
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| 30 | 30 | | 2 SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2020 |
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| 31 | 31 | | 3Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and |
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| 32 | 32 | | 4inserting in place thereof, in each instance, the following figure:- 174G. |
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| 33 | 33 | | 5 SECTION 3. Section 136A of Chapter 140 of the General Laws, is hereby further |
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| 34 | 34 | | 6amended in the definition of “Personal kennel” by striking in line 77-79 the phrase “more than 4 |
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| 35 | 35 | | 7dogs, 3 months old or older, owned or kept under single ownership, for private personal use;” |
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| 36 | 36 | | 8and replacing with the following phrase:- |
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| 37 | 37 | | 9 5 or more dogs, 6 months old or older, owned or kept under single ownership, for private |
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| 38 | 38 | | 10personal use; 2 of 8 |
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| 39 | 39 | | 11 SECTION 4. Section 136A of Chapter 140 of the General Laws is hereby further |
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| 40 | 40 | | 12amended in the definition of “Kennel” by adding in line 53 after the phrase “domestic charitable |
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| 41 | 41 | | 13corporation kennel,” the phrase:- personal breeder kennel, |
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| 42 | 42 | | 14 SECTION 5. Section 136A of Chapter 140 of the General Laws, is hereby further |
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| 43 | 43 | | 15amended by inserting the following definition:- |
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| 44 | 44 | | 16 “Personal breeder kennel”, a pack or collection of 3 or more intact female dogs on a |
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| 45 | 45 | | 17single premise, kept for the purpose of breeding and selling the offspring to breeders or |
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| 46 | 46 | | 18individuals by private sale, provided that this does not include a personal kennel where animals |
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| 47 | 47 | | 19are only bred for private personal use and not offered for sale or exchange, nor a commercial |
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| 48 | 48 | | 20breeder kennel where animals are sold or exchanged to wholesalers, brokers or pet shops in |
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| 49 | 49 | | 21return for consideration. |
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| 50 | 50 | | 22 SECTION 6. Chapter 129 of the General Laws is hereby amended by inserting after |
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| 51 | 51 | | 23section 39G the following new section:- |
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| 52 | 52 | | 24 39H. Every person operating a kennel, as defined in section 136A of Chapter 140, shall |
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| 53 | 53 | | 25obtain a license as required by said chapter. |
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| 54 | 54 | | 26 SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting |
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| 55 | 55 | | 27after section 174F, the following section:- |
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| 56 | 56 | | 28 Section 174G. |
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| 57 | 57 | | 29 The department shall promulgate rules and regulations for commercial boarding or |
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| 58 | 58 | | 30training kennels, including those located at a private residence, including, but not limited to staff |
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| 59 | 59 | | 31to animal ratios, fire and emergency planning, group sizes and supervision, minimum housing 3 of 8 |
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| 60 | 60 | | 32and care requirements, indoor and outdoor physical facility requirements, dog handling, and |
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| 61 | 61 | | 33insurance. The department shall require commercial boarding or training kennels to report |
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| 62 | 62 | | 34injuries to animals or people. The department shall develop a form for such reporting and a time |
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| 63 | 63 | | 35frame for submitting a report after an injury. The form shall be available on the department’s |
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| 64 | 64 | | 36website for the public to report injuries. The department shall make investigative reports publicly |
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| 65 | 65 | | 37available on its website if the investigation results in the department bringing enforcement action |
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| 66 | 66 | | 38against the kennel. The department shall promulgate rules and regulations for commercial and |
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| 67 | 67 | | 39personal breeder kennels to ensure that the animals and their offspring have proper housing, |
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| 68 | 68 | | 40which shall include requirements for adequate space, temperature, solid flooring and a |
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| 69 | 69 | | 41prohibition on the stacking of cages, nutrition, hydration, behavioral requirements, grooming, |
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| 70 | 70 | | 42staffing, handling, health and veterinary care, exercise, socialization and other general standards |
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| 71 | 71 | | 43of care. |
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| 72 | 72 | | 44 The department shall have the ability to enforce this section under its powers in Chapter |
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| 73 | 73 | | 45129. |
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| 74 | 74 | | 46 SECTION 8. There shall be a committee to advise the commissioner of agricultural |
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| 75 | 75 | | 47resources on the promulgation of regulations as required by section 174G of chapter 140 and to |
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| 76 | 76 | | 48annually review the regulations once promulgated. The committee should advise on issues |
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| 77 | 77 | | 49including, but not limited to, appropriate training for kennel staff. Such committee shall be |
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| 78 | 78 | | 50appointed by the commissioner and consist of: 1 representative from the department of |
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| 79 | 79 | | 51agricultural resources; 1 owner of a boarding kennel or doggie daycare with a kennel license |
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| 80 | 80 | | 52with a capacity of not more than 50 dogs; 1 owner of a boarding kennel or doggie daycare with a |
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| 81 | 81 | | 53kennel license with a capacity of 50 or more dogs in a kennel not located in a home; 1 animal |
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| 82 | 82 | | 54control officer or representative of an association organized in the commonwealth for animal 4 of 8 |
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| 83 | 83 | | 55control officers; 1 veterinarian or member of a veterinary medical association organized in the |
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| 84 | 84 | | 56commonwealth; 1 member of the general public with an interest in the well-being of domestic |
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| 85 | 85 | | 57animals; 1 animal behaviorist certified by International Association of Animal Behavior |
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| 86 | 86 | | 58Consultants or a program as approved by the department; 1 person with a minimum of 5 years’ |
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| 87 | 87 | | 59experience training people on dog behavior; 1 dog breeder who breeds fewer than 10 dogs per |
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| 88 | 88 | | 60year; 1 dog breeder who breeds more than 10 dogs per year; 1 representative from an animal |
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| 89 | 89 | | 61protection organization; and other individuals as determined by the department. |
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| 90 | 90 | | 62 The commissioner shall consider diversity, equity and inclusion aspects when appointed |
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| 91 | 91 | | 63said committee. Members of the committee shall be residents of the commonwealth or do |
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| 92 | 92 | | 64business in the commonwealth. The committee shall elect a chair at the initial meeting and every |
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| 93 | 93 | | 65two years thereafter. |
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| 94 | 94 | | 66 The commissioner shall appoint said committee within 90 days of the passage of this law. |
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| 95 | 95 | | 67 SECTION 9. Section 137 of chapter 140 of the General Laws is hereby further amended |
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| 96 | 96 | | 68by striking out, in subsection (c), the sixth sentence. |
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| 97 | 97 | | 69 SECTION 10. Section 137A of chapter 140 of the General Laws, is hereby amended by |
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| 98 | 98 | | 70striking out subsection (a) and (b) and inserting in place thereof the following subsection:- |
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| 99 | 99 | | 71 (a) A person keeping 5 or more dogs, 6 months old or older shall obtain a kennel license. |
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| 100 | 100 | | 72The kennel license is in addition to the individual licenses for dogs over the age of 6 months, as |
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| 101 | 101 | | 73required in section 137. A licensing authority shall issue and revoke kennel licenses as specified |
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| 102 | 102 | | 74in this chapter and any other laws. In the case of an applicant for initial licensure and in the case |
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| 103 | 103 | | 75of an applicant for license renewal, a licensing authority shall deny a kennel license until a |
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| 104 | 104 | | 76kennel has passed inspection by an animal control officer. 5 of 8 |
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| 105 | 105 | | 77 (b) The issuing city or town shall determine the period of time for which a kennel license |
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| 106 | 106 | | 78shall be valid, including the date of issuance of the license through the date on which the license |
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| 107 | 107 | | 79expires, inclusive, and shall further determine the fee for the issuance and renewal of the license. |
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| 108 | 108 | | 80To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall |
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| 109 | 109 | | 81not be counted in the number of dogs kept in a kennel. The name and address of the owner of |
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| 110 | 110 | | 82each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the |
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| 111 | 111 | | 83kennel and available for inspection by an animal control officer, natural resource officer, deputy |
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| 112 | 112 | | 84natural resource officer, fish and game warden or police officer. |
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| 113 | 113 | | 85 SECTION 11. Section 137A of chapter 140 of the General Laws, is hereby further |
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| 114 | 114 | | 86amended by striking subsection (d) and inserting place thereof the following:- |
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| 115 | 115 | | 87 (d) The licensing authority shall specify the type of kennel, as defined in 136A of chapter |
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| 116 | 116 | | 88140, and the maximum number of animals that may be maintained by the licensee on the license. |
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| 117 | 117 | | 89Such number shall be determined by the licensing authority and the animal control officer |
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| 118 | 118 | | 90following the required inspection, and in accordance with regulations in section 174G to ensure |
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| 119 | 119 | | 91the property can support the number of animals while ensuring their health and safety. |
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| 120 | 120 | | 92 (e) The licensing authority shall annually on June 1 send to the department a list of all |
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| 121 | 121 | | 93kennels and their addresses licensed by the city or town under this section. |
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| 122 | 122 | | 94 (f) A city or town officer who refuses or willfully neglects to perform the duties imposed |
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| 123 | 123 | | 95upon the officer by this section shall be in violation of this section. |
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| 124 | 124 | | 96 (g) A person who violates this section shall be assessed a fine of $500 for a first offense |
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| 125 | 125 | | 97and a fine of not more than $1,000 for a second or subsequent offense. 6 of 8 |
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| 126 | 126 | | 98 SECTION 12. Said chapter 140 is hereby further amended by striking out section 137C, |
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| 127 | 127 | | 99as so appearing, and inserting in place thereof the following section:- |
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| 128 | 128 | | 100 Section 137C. (a) The mayor of a city, the selectmen of a town, the police commissioner |
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| 129 | 129 | | 101in the city of Boston, a chief of police or an animal control officer shall inspect a kennel or cause |
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| 130 | 130 | | 102the inspection of a kennel at least 1 time per year. If a person holding a license or applying for a |
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| 131 | 131 | | 103license to operate a kennel or refuses to allow an inspector to enter and inspect a kennel or, the |
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| 132 | 132 | | 104refusal shall be grounds for denial, suspension or revocation of a person’s license to operate a |
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| 133 | 133 | | 105kennel. |
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| 134 | 134 | | 106 Twenty-five citizens of a city or town may file a petition with the mayor of a city, the |
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| 135 | 135 | | 107selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating |
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| 136 | 136 | | 108that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog |
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| 137 | 137 | | 109maintained in the city or town due to excessive barking or other conditions connected with a |
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| 138 | 138 | | 110kennel. The mayor, selectmen or police commissioner, as the case may be, shall, not more than 7 |
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| 139 | 139 | | 111days after the filing of the petition, give notice to all interested parties of a public hearing. The |
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| 140 | 140 | | 112hearing shall be held not more than 14 days after the date of the notice. The mayor, selectmen or |
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| 141 | 141 | | 113police commissioner shall, not more than 7 days after the public hearing, investigate or cause to |
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| 142 | 142 | | 114be investigated the subject matter of the petition and shall, by order: (i) suspend the kennel or |
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| 143 | 143 | | 115license; (ii) revoke the kennel or license; (iii) further regulate the kennel; or (iv) dismiss the |
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| 144 | 144 | | 116petition. |
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| 145 | 145 | | 117 (b) The inspection of a kennel to enforce the rules and regulations promulgated under |
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| 146 | 146 | | 118section 174G may be done by the commissioner or an authorized inspector and shall take place |
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| 147 | 147 | | 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 |
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| 148 | 148 | | 120the inspector and the operator. The operator or an authorized agent of the operator shall be |
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| 149 | 149 | | 121present during the inspection and the operator shall be given a reasonable notice prior to the |
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| 150 | 150 | | 122inspection; provided, however, that the commissioner or other authorized inspector may |
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| 151 | 151 | | 123determine that it is not appropriate to provide advance notice to the operator before arriving at |
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| 152 | 152 | | 124the facility if necessary to adequately perform the inspection. If a kennel regulated under said |
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| 153 | 153 | | 125section 174G is located at a private residence, only the areas of the residence that are used for |
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| 154 | 154 | | 126kennel purposes or for the maintenance of kennel records shall be required to be available for |
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| 155 | 155 | | 127inspection. If, in the judgment of the commissioner or an authorized inspector, a kennel is not |
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| 156 | 156 | | 128being maintained in a sanitary and humane manner or if records have not been properly kept as |
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| 157 | 157 | | 129required by law and in compliance with said section 174G, the commissioner or authorized |
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| 158 | 158 | | 130inspector shall, by order, suspend the license for the kennel depending on the severity of the |
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| 159 | 159 | | 131offense or issue to the operator a written citation or notice which explains the noncompliant issue |
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| 160 | 160 | | 132and requires the operator to come into compliance within a reasonable, specified timeframe. If |
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| 161 | 161 | | 133the operator fails to come into compliance within the time period specified by the commissioner |
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| 162 | 162 | | 134or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the |
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| 163 | 163 | | 135license for the kennel. |
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| 164 | 164 | | 136 (c) A written notice under subsection (a) of an order revoking or suspending the license, |
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| 165 | 165 | | 137further regulating the kennel or dismissing the petition shall be mailed immediately to the |
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| 166 | 166 | | 138licensee and to the officer that issued the license. Not more than 10 days after the written notice |
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| 167 | 167 | | 139of the order, the licensee may file a petition in the district court in the judicial district in which |
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| 168 | 168 | | 140the kennel is maintained seeking review of the order. The decision of the court shall be final and |
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| 169 | 169 | | 141conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel |
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| 170 | 170 | | 142has been revoked or suspended shall be punished by a fine of not more than $250 for a first 8 of 8 |
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| 171 | 171 | | 143offense, by a fine of not less than $500 for a second offense and by a fine of not more than |
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| 172 | 172 | | 144$1,500 for a third or subsequent offense. |
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| 173 | 173 | | 145 (d) An enforcement action under subsection (b) from the department may be appealed |
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| 174 | 174 | | 146within 21 days to the Division of Administrative Law Appeals pursuant to M.G.L. c. 30A. |
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| 175 | 175 | | 147 SECTION 13. Section 37 of Chapter 129 of the General Laws, as appearing in the 2020 |
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| 176 | 176 | | 148Official Edition, is hereby amended by inserting after the fourth sentence the following |
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| 177 | 177 | | 149sentence:- |
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| 178 | 178 | | 150 Such fines shall not revert to the General Fund and shall instead be deposited in the |
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| 179 | 179 | | 151Homeless Animal Prevention and Care Fund, as established by section 35ww of chapter 10 of |
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| 180 | 180 | | 152General Laws and shall be available for use in subsequent fiscal years. |
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| 181 | 181 | | 153 SECTION 14. The department of agricultural resources shall promulgate the regulations |
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| 182 | 182 | | 154required under section 174G of chapter 140 of the General Laws not more than 18 months after |
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| 183 | 183 | | 155the effective date of this act. |
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