SENATE DOCKET, NO. 902        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1072

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting abandoned animals in vacant properties.

_______________

PETITION OF:

 

Name:

District/Address:

 

James B. Eldridge

Middlesex and Worcester

3/3/2015

Kathleen O'Connor Ives

First Essex

 

Jason M. Lewis

Fifth Middlesex

 

Susan Williams Gifford

2nd Plymouth

 

Paul Tucker

7th Essex

 

Paul R. Heroux

2nd Bristol

 

Joan B.  Lovely

Second Essex

 

Barbara A. L'Italien

Second Essex and Middlesex

 

Timothy R. Madden

Barnstable, Dukes and Nantucket

 

Michelle M. DuBois

10th Plymouth

 

Lori A. Ehrlich

8th Essex

 

Sean Garballey

23rd Middlesex

 

Angelo L. D'Emilia

8th Plymouth

 

Michael O. Moore

Second Worcester

 

William N. Brownsberger

Second Suffolk and Middlesex

 

Angelo J. Puppolo, Jr.

12th Hampden

 

Thomas M. McGee

Third Essex

 

Sal N. DiDomenico

Middlesex and Suffolk

 

Danielle W. Gregoire

4th Middlesex

 

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

 

Thomas M. Stanley

9th Middlesex

 

Linda Dorcena Forry

First Suffolk

 

Bruce E. Tarr

First Essex and Middlesex

 

Carolyn C. Dykema

8th Middlesex

 

Josh S. Cutler

6th Plymouth

 

Brian M. Ashe

2nd Hampden

 

Todd M. Smola

1st Hampden

 

James Arciero

2nd Middlesex

 

Walter F. Timilty

7th Norfolk

 

Keiko M. Orrall

12th Bristol

 

Marc R. Pacheco

First Plymouth and Bristol

 

Timothy J. Toomey, Jr.

26th Middlesex

 

Chris Walsh

6th Middlesex

 

Robert L. Hedlund

Plymouth and Norfolk

 

Mark C. Montigny

Second Bristol and Plymouth

 

Jennifer E. Benson

37th Middlesex

 

Thomas P. Kennedy

Second Plymouth and Bristol

3/4/2015


SENATE DOCKET, NO. 902        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1072

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1072) of James B. Eldridge, Kathleen O'Connor Ives, Jason M. Lewis, Susan Williams Gifford and other members of the General Court for legislation to protect abandoned animals in vacant properties.  Municipalities and Regional Government.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 942 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act protecting abandoned animals in vacant properties.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 186 of the General Laws is hereby amended by adding the following section:-

Section 23. Within 3 days after the lessor or owner knew or should have known that a property has been vacated through foreclosure, termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises pursuant to  this chapter or chapter 186A, the lessor or owner shall inspect the property for the presence of abandoned animals. 

If the lessor or owner encounters an abandoned animal pursuant to this section, the lessor or owner shall immediately notify an animal control officer appointed pursuant to chapter 140, a police officer or any other authorized agent of the presence and condition of the animal.

Prompt reporting shall be considered evidence of sufficient regard for the suffering of the animal. The lessor or owner who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of an animal under section 77 of chapter 272.

For the purposes of this section, an animal shall be considered abandoned if it is found in a property vacated through foreclosure, summary process, termination of tenancy or abandonment.

SECTION 2.  Section 4 of chapter 239 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “thereof”, in line 5,  the following words:- , except that if an animal is found on the land or tenement,  the officer shall immediately notify an animal control officer appointed pursuant to chapter 140, a police officer or any other authorized agent of the presence and condition of the animal.

SECTION 3. The first paragraph of said section 4 of said chapter 239, as so appearing, is hereby further amended by adding the following sentence:- This section shall not apply to animals removed in accordance with section 23 of chapter 186, section 41 of chapter 244 or section 14 of this chapter.

SECTION 4.  Said chapter 239 is hereby further amended by adding the following section:-

Section 14.  Within 3 days after the lessor or owner knew or should have known that a property has been vacated as a result of summary process the lessor or owner shall inspect the property for the presence of abandoned animals.

If the lessor or owner encounters an abandoned animal pursuant to this section or section 4, the lessor or owner shall immediately notify an animal control officer appointed pursuant to chapter 140, a police officer or any other authorized agent of the presence and condition of the animal.             

Prompt reporting shall be considered evidence of sufficient regard for the suffering of the animal. The person or entity who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of an animal under section 77 of chapter 272.

For the purposes of this section, an animal shall be considered abandoned if it is found in a vacated property through foreclosure, summary process, termination of tenancy or abandonment.

SECTION 5.  Chapter 244 of the General Laws is hereby amended by adding the following section:-

Section 41.  Within 3 days after the lessor or owner knew or should have known that a property has been vacated through mortgage foreclosure, the mortgagee or owner shall inspect the property for the presence of abandoned animals.

If the mortgagee or owner encounters an abandoned animal pursuant to this section, the lessor or owner shall immediately notify an animal control officer appointed pursuant to chapter 140, a police officer or any other authorized agent of the presence and condition of the animal.

Prompt reporting shall be considered evidence of sufficient regard for the suffering of the animal. The person or entity who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of an animal under section 77 of chapter 272.

For the purposes of this section, an animal shall be considered abandoned if it is found in a vacated property through foreclosure, summary process, termination of tenancy or abandonment.