HOUSE DOCKET, NO. 1741        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1815

The Commonwealth of Massachusetts

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PRESENTED BY:

Tram T. Nguyen, (BY REQUEST)

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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 known as the companion animal protection act of Massachusetts.

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PETITION OF:

HOUSE DOCKET, NO. 1741        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1815

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act known as the companion animal protection act of Massachusetts.

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

Part I.  Definitions

Sec. 1(a) 

(1) ”Impounded Animal” means any animal that enters a shelter regardless of whether the animal is a stray, owner-relinquished, seized, taken into protective custody, transferred from another shelter  or is an animal whose owner requests that the animal be killed.

(2) “Rescue Organization” means non-profit organization under Sec. 501(c)(3) of the Internal Revenue Code whose primary stated purpose is animal networking and animal rescue.

Part II. Holding Periods

Sec. 2(a) The required holding period for impounded animals shall be seven business days, not including the day of impoundment.

(b) No shelter or Animal Control Officer may deny an owner the right to reclaim their lost pet simply because of their lack of ability to pay fees, fines or the cost of vaccinations.  Reasonable payment plans shall be offered to owners.

(b) No rescue organization or individual adopter shall be denied an animal adoption or transfer simply because they brought grievance against an Animal Control Officer or shelter either verbally, in written statements, through hearsay or court action.

(c)  Upon taking physical possession of an animal, a rescue organization or shelter shall assume all liability for the animal while the animal is in their custody and control.

Part V. Animal Control Officers and Shelter Record Keeping and Reporting 

Sec. 5(a) Animal Control Officers shall record on the “Animal Control Officer Animal and Intake and Data Report” data according to Massachusetts General Law ch. 140, Sec. 151(b).  Final disposition of the animal after transfer shall be added to the required data.

(b)  Shelters shall post monthly on the “Shelter Animal Intake and Data Report” in a conspicuous public location within the shelter and on their web site if they have one.  (uniform form to be created)

(c)  Animal Control Officers shall record at city hall an annual summary form compiled from the monthly Animal Control Officer Animal Intake and Data Report and on the city or town’s website when regular site update is scheduled. 

(d) Shelters shall post an annual summary of their data in a conspicuous public location within the shelter and on their website if they have one.  Shelters shall be required to email their annual summary data upon request. (uniform form to be created).

(e) Shelters shall be required to send an annual summary of the Shelter's Statistic Report to the MA Department of Agriculture , Division of animal sheltering.

(f)  A uniform reporting chart shall be employed by all animal control officers and shelters.

Part VII. Surcharges

Sec. 7(a) Surcharges shall be imposed as follows and proceeds will be deposited in the already established "Homeless Prevention and Care Fund of Massachusetts."

(1) Voluntary License Check-off - Dog License Forms shall include a line at the bottom which states: "I would like to give a voluntary donation of $XX to save more pets' lives."

(2) A Surcharge of $2.00 shall be imposed on the required Massachusetts Rabies Certificates.