| 1 | 1 | | SENATE . . . . . . . . . . . . . . No. 2731 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | _______________ |
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| 4 | 4 | | In the One Hundred and Ninety-Third General Court |
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| 5 | 5 | | (2023-2024) |
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| 6 | 6 | | _______________ |
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| 7 | 7 | | SENATE, April 18, 2024. |
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| 8 | 8 | | The committee on Municipalities and Regional Government, to whom was referred the |
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| 9 | 9 | | petitions (accompanied by bill, Senate, No. 1309) of Mark C. Montigny, Adam Gomez, Jacob R. |
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| 10 | 10 | | Oliveira, Jack Patrick Lewis and other members of the General Court for legislation to increase |
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| 11 | 11 | | kennel safety aka Ollie’s Law, report the accompanying bill (Senate, No. 2731). |
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| 12 | 12 | | For the committee, |
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| 13 | 13 | | Jacob R. Oliveira 1 of 8 |
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| 14 | 14 | | FILED ON: 4/16/2024 |
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| 15 | 15 | | SENATE . . . . . . . . . . . . . . No. 2731 |
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| 16 | 16 | | The Commonwealth of Massachusetts |
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| 17 | 17 | | _______________ |
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| 18 | 18 | | In the One Hundred and Ninety-Third General Court |
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| 19 | 19 | | (2023-2024) |
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| 20 | 20 | | _______________ |
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| 21 | 21 | | An Act to increase kennel safety, aka Ollie's Law. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 23 | 23 | | of the same, as follows: |
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| 24 | 24 | | 1 SECTION 1. Section 35WW of chapter 10 of the General Laws, as appearing in the 2022 |
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| 25 | 25 | | 2Official Edition, is hereby amended by striking out the second paragraph and inserting in place |
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| 26 | 26 | | 3thereof the following paragraph:- |
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| 27 | 27 | | 4 The fund shall consist of (i) all revenues received by the commonwealth pursuant to the |
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| 28 | 28 | | 5voluntary check-off donation indicated on the department of revenue’s annual income tax return |
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| 29 | 29 | | 6authorized by section 6L of chapter 62; (ii) all fines collected by the commissioner of |
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| 30 | 30 | | 7agricultural resources pursuant to sections 137A and 137C of chapter 140; and (iii) any gifts, |
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| 31 | 31 | | 8grants or donations received from public or private sources to further reduce the population of |
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| 32 | 32 | | 9homeless animals. Funds deposited and expended from the fund shall not be assessed any |
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| 33 | 33 | | 10indirect costs. |
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| 34 | 34 | | 11 SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2022 |
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| 35 | 35 | | 12Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and |
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| 36 | 36 | | 13inserting in place thereof, in each instance, the following figure:-174G. 2 of 8 |
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| 37 | 37 | | 14 SECTION 3. Section 136A of chapter 140 of the General Laws, is hereby further |
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| 38 | 38 | | 15amended by inserting the following definition:- |
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| 39 | 39 | | 16 “Licensee”, a person who owns and maintains a kennel that has received a kennel license |
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| 40 | 40 | | 17from the appropriate licensing authority. |
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| 41 | 41 | | 18 SECTION 4. Section 137A of chapter 140 of the General Laws, is hereby amended by |
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| 42 | 42 | | 19striking out subsections (a) and (b) and inserting in place thereof the following subsections:- |
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| 43 | 43 | | 20 (a)A person maintaining a kennel shall obtain a kennel license. A licensing authority |
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| 44 | 44 | | 21 shall issue, suspend, renew, and revoke kennel licenses as specified in this chapter and |
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| 45 | 45 | | 22any other law. In the case of an applicant for initial licensure and in the case of an applicant for |
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| 46 | 46 | | 23license renewal, a licensing authority shall deny a kennel license until a kennel has passed |
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| 47 | 47 | | 24inspection by an animal control officer. |
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| 48 | 48 | | 25 (b) The issuing city or town shall determine the period of time for which a kennel license |
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| 49 | 49 | | 26shall be valid, including the date of issuance of the license through the date on which the license |
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| 50 | 50 | | 27expires, inclusive, and shall further determine the fee for the issuance and renewal of the license. |
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| 51 | 51 | | 28To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall |
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| 52 | 52 | | 29not be counted in the number of dogs kept in a kennel. The name and address of the owner of |
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| 53 | 53 | | 30each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the |
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| 54 | 54 | | 31kennel and available for inspection by an animal control officer, natural resource officer, deputy |
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| 55 | 55 | | 32natural resource officer, fish and game warden or police officer. A commercial boarding or |
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| 56 | 56 | | 33training kennel shall maintain records of individual dog licenses, as required in section 137 |
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| 57 | 57 | | 34chapter 140 of the General Laws, for all dogs in its care. A kennel that owns or keeps a dog over 3 of 8 |
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| 58 | 58 | | 35the age of 6 months shall comply with the provisions of section 145B of Chapter 140 of the |
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| 59 | 59 | | 36General Laws. |
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| 60 | 60 | | 37 SECTION 5. Section 137A of chapter 140 of the General Laws, is hereby further |
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| 61 | 61 | | 38amended by striking out subsection (d) and inserting in place thereof the following:- |
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| 62 | 62 | | 39 (d) The licensing authority shall specify the type of kennel, as defined in section 136A of |
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| 63 | 63 | | 40chapter 140, and the maximum number of animals that may be maintained by the licensee on the |
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| 64 | 64 | | 41license. Such number shall be determined by the licensing authority and the animal control |
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| 65 | 65 | | 42officer following the required inspection. For commercial boarding or training kennels, this |
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| 66 | 66 | | 43number shall be determined following the required inspection and in accordance with regulations |
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| 67 | 67 | | 44in section 174G to ensure the property can support the number of animals while ensuring their |
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| 68 | 68 | | 45health and safety. |
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| 69 | 69 | | 46 (e) The licensing authority shall annually on June 1 send to the department of agricultural |
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| 70 | 70 | | 47resources a list of all kennels and their addresses licensed by the city or town under this section. |
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| 71 | 71 | | 48 (f) A city or town officer who refuses or willfully neglects to perform the duties imposed |
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| 72 | 72 | | 49upon the officer by this section shall be in violation of this section. |
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| 73 | 73 | | 50 (g) A person who violates this section shall be assessed by the department of agricultural |
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| 74 | 74 | | 51resources a fine of $500 for a first offense and a fine of not more than $1,000 for a second or |
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| 75 | 75 | | 52subsequent offense. |
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| 76 | 76 | | 53 SECTION 6. Said chapter 140 is hereby further amended by striking out section 137C, as |
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| 77 | 77 | | 54so appearing, and inserting in place thereof the following section:- 4 of 8 |
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| 78 | 78 | | 55 Section 137C. (a) The mayor of a city, the selectmen of a town, the town manager of a |
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| 79 | 79 | | 56town, the police commissioner in the city of Boston, a chief of police or an animal control officer |
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| 80 | 80 | | 57shall inspect a kennel or cause the inspection of a kennel at least 1 time per year. If a person |
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| 81 | 81 | | 58holding a license or applying for a license to maintain a kennel refuses to allow an inspector to |
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| 82 | 82 | | 59enter and inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of a |
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| 83 | 83 | | 60person’s license to maintain a kennel. |
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| 84 | 84 | | 61 Twenty-five citizens of a city or town may file a petition with the mayor of a city, the |
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| 85 | 85 | | 62selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating |
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| 86 | 86 | | 63that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog |
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| 87 | 87 | | 64maintained in the city or town due to excessive barking or other conditions connected with a |
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| 88 | 88 | | 65kennel. The mayor, selectmen, town manager, or police commissioner, as the case may be, shall |
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| 89 | 89 | | 66not more than 7 days after the filing of petition, give notice to all interested parties of a public |
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| 90 | 90 | | 67hearing. The hearing shall be held not more than 14 days after the date of the notice. The mayor, |
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| 91 | 91 | | 68selectmen, town manager, or police commissioner shall, not more than 7 days after the public |
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| 92 | 92 | | 69hearing, investigate or cause to be investigated the subject matter of the petition and shall, by |
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| 93 | 93 | | 70order: (i) suspend the kennel or license, (ii) revoke the kennel or license; (iii) further regulate the |
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| 94 | 94 | | 71kennel; or (iv) dismiss the petition. |
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| 95 | 95 | | 72 (b) A written notice under subsection (a) of an order revoking or suspending the license, |
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| 96 | 96 | | 73further regulating the kennel or dismissing the petition shall be mailed immediately to the |
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| 97 | 97 | | 74licensee and to the officer that issued the license. Not more than 10 days after the written notice |
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| 98 | 98 | | 75of the order, the licensee may file a petition in the district court in the judicial district in which |
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| 99 | 99 | | 76the kennel is maintained seeking review of the order. After notice to all parties as the court may |
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| 100 | 100 | | 77consider necessary, the court shall review the action, hear the witnesses and affirm the order 5 of 8 |
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| 101 | 101 | | 78unless it shall appear that it was made without proper cause or in bad faith, in which case the |
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| 102 | 102 | | 79order shall be reversed. The decision of the court shall be final and conclusive upon the parties. |
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| 103 | 103 | | 80A person maintaining a kennel after the license to maintain a kennel has been revoked or |
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| 104 | 104 | | 81suspended shall be punished by a fine of not more than $250 for a first offense, by a fine of not |
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| 105 | 105 | | 82less than $500 for a second offense and by a fine of not more than $1,500 for a third or |
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| 106 | 106 | | 83subsequent offense by the department of agricultural resources. |
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| 107 | 107 | | 84 SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting |
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| 108 | 108 | | 85after section 174F, the following section:- |
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| 109 | 109 | | 86 Section 174G. (a) The department shall promulgate rules and regulations for commercial |
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| 110 | 110 | | 87boarding or training kennels, including those located at a private residence, which shall include |
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| 111 | 111 | | 88but not be limited to licensing, inspection, compliance and enforcement, use of best practices and |
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| 112 | 112 | | 89operation, provider and staff to animal ratios, fire and emergency planning, injury reporting, |
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| 113 | 113 | | 90group sizes and supervision, minimum housing and care requirements, indoor and outdoor |
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| 114 | 114 | | 91physical facility requirements, utilities, body language interpretation, breed familiarity, dog |
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| 115 | 115 | | 92handling, insurance, proper education and training of dog daycare staff, operational safety |
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| 116 | 116 | | 93standards, risk management, and consumer education and protection. The department shall |
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| 117 | 117 | | 94require commercial boarding or training kennels to report injuries to animals or people. The |
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| 118 | 118 | | 95department shall develop a form for such reporting and a time frame for submitting a report after |
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| 119 | 119 | | 96an injury. The form shall be available on the department’s website for the public to report |
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| 120 | 120 | | 97injuries. The department shall make investigative reports publicly available on its website if the |
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| 121 | 121 | | 98investigation results in the department bringing enforcement action against the kennel. 6 of 8 |
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| 122 | 122 | | 99 (b) The inspection of a commercial boarding or training kennel to enforce the rules and |
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| 123 | 123 | | 100regulations promulgated under section 174G may be done by the commissioner or an authorized |
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| 124 | 124 | | 101inspector and shall take place between the hours of 7:00 am and 7:00 pm unless an alternate time |
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| 125 | 125 | | 102is mutually agreed upon by the inspector and the licensee. An authorized inspector may include |
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| 126 | 126 | | 103but is not limited to an animal control officer, the mayor of a city, the selectmen of a town, the |
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| 127 | 127 | | 104town manager of a town, the police commissioner in the city of Boston, or another designated |
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| 128 | 128 | | 105official. The licensee or an authorized agent of the licensee shall be present during the inspection |
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| 129 | 129 | | 106and the licensee shall be given reasonable notice prior to the inspection; provided, however, that |
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| 130 | 130 | | 107the commissioner or other authorized inspector may determine that it is not appropriate to |
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| 131 | 131 | | 108provide advance notice to the licensee before arriving at the facility if necessary to adequately |
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| 132 | 132 | | 109perform the inspection. If a kennel regulated under said section 174G is located at a private |
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| 133 | 133 | | 110residence, only the areas of the residence that are used for kennel purposes or for the |
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| 134 | 134 | | 111maintenance of kennel records shall be required to be available for inspection. If, in the judgment |
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| 135 | 135 | | 112of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary |
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| 136 | 136 | | 113and humane manner or if records have not been properly kept as required by law and in |
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| 137 | 137 | | 114compliance with said section 174G, the commissioner or authorized inspector, shall, by order, |
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| 138 | 138 | | 115suspend the license for the kennel depending on the severity of the offense or issue to the |
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| 139 | 139 | | 116licensee a written citation or notice which explains the noncompliant issue and requires the |
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| 140 | 140 | | 117licensee to come into compliance within a reasonable, specified timeframe. If the licensee fails to |
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| 141 | 141 | | 118come into compliance within the time period specified by the commissioner or authorized |
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| 142 | 142 | | 119inspector, the commissioner or authorized inspector shall, by order, revoke the license for the |
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| 143 | 143 | | 120kennel. 7 of 8 |
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| 144 | 144 | | 121 (c) An enforcement under subsection (b) from the department may be appealed within 21 |
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| 145 | 145 | | 122days to the Division of Administrative Law Appeals pursuant to chapter 30A of the General |
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| 146 | 146 | | 123Laws. |
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| 147 | 147 | | 124 SECTION 8. Notwithstanding any general or special law or rule or regulation to the |
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| 148 | 148 | | 125contrary, there shall be a committee to advise the commissioner of agricultural resources on the |
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| 149 | 149 | | 126promulgation of regulations as required by section 174G of chapter 140. Such committee shall be |
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| 150 | 150 | | 127appointed by the commissioner and consist of: 1 representative from the department of |
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| 151 | 151 | | 128agricultural resources; 1 owner of a licensed commercial boarding or training kennel with a |
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| 152 | 152 | | 129kennel license with a capacity of not more than 50 dogs; 1 owner of a licensed commercial |
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| 153 | 153 | | 130boarding or training kennel with a kennel license with a capacity of 50 or more dogs in a kennel |
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| 154 | 154 | | 131not located in a home; 2 animal control officers, 1 representing a municipality having 5 or more |
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| 155 | 155 | | 132daycare facilities and 1 representing a municipality having fewer than 5 daycare facilities; 1 |
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| 156 | 156 | | 133licensing authority representative; 1 representative of a kennel association or an organization |
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| 157 | 157 | | 134representing kennels; 1 veterinarian or member of a veterinary medical association organized in |
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| 158 | 158 | | 135the commonwealth; 1 member of the general public with an interest in the well-being of dogs; 1 |
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| 159 | 159 | | 136dog owner who uses the services of a licensed commercial boarding or training kennel; 1 animal |
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| 160 | 160 | | 137behaviorist certified by International Association of Animal Behavior Consultants, Inc. or by a |
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| 161 | 161 | | 138comparable certifying entity approved by the department; 1 person with a minimum of 5 years’ |
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| 162 | 162 | | 139experience training people on dog behavior; and 1 representative from a shelter or rescue |
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| 163 | 163 | | 140organization licensed by the department. |
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| 164 | 164 | | 141 The commissioner shall consider diversity, equity and inclusion aspects when appointing |
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| 165 | 165 | | 142said committee. Members of the committee shall be residents of the commonwealth or do |
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| 166 | 166 | | 143business in the commonwealth. Members should reflect the geographic diversity of the 8 of 8 |
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| 167 | 167 | | 144commonwealth, representing municipalities with different forms of government. The committee |
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| 168 | 168 | | 145shall elect a chair at the initial meeting. |
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| 169 | 169 | | 146 The commissioner shall appoint said committee within 90 days of the effective date of |
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| 170 | 170 | | 147this act. |
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| 171 | 171 | | 148 SECTION 9. The department of agricultural resources shall promulgate the regulations |
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| 172 | 172 | | 149under section 174G of chapter 140 of the General Laws not more than 18 months after the |
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| 173 | 173 | | 150effective date of this act. The department shall provide an updated list of the regulations under |
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| 174 | 174 | | 151section 174G of chapter 140 as well as any relevant education or training programs to local |
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| 175 | 175 | | 152licensing authorities, animal control officers, and any other applicable local officials for the |
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| 176 | 176 | | 153enforcement of these regulations. The department shall annually review these regulations once |
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| 177 | 177 | | 154promulgated and shall annually review the list of kennels submitted as required by section 137A |
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| 178 | 178 | | 155of chapter 140 of the General Laws to evaluate for compliance of municipalities issuing kennel |
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| 179 | 179 | | 156licenses in accordance with said chapter. The department shall file an annual report with the Joint |
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| 180 | 180 | | 157Committee on Municipalities and Regional Government as to the number of kennel licenses |
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| 181 | 181 | | 158issued throughout the commonwealth, the type of kennel licenses issued, municipalities not in |
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| 182 | 182 | | 159compliance with the license requirements, and any related legislative recommendations. |
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| 183 | 183 | | 160 SECTION 10. Section 8 shall expire on December 31, 2026. |
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