Bill H.4564

FILED ON: 4/16/2024

HOUSE . . . . . . . . . . . . . . . No. 4564

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:

SECTION 1. Section 35WW of chapter 10 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The fund shall consist of (i) all revenues received by the commonwealth pursuant to the voluntary check-off donation indicated on the department of revenue’s annual income tax return authorized by section 6L of chapter 62; (ii) all fines collected by the commissioner of agricultural resources pursuant to sections 137A and 137C of chapter 140; and (iii) any gifts, grants or donations received from public or private sources to further reduce the population of homeless animals. Funds deposited and expended from the fund shall not be assessed any indirect costs.

SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and inserting in place thereof, in each instance, the following figure:-174G.

SECTION 3. Section 136A of chapter 140 of the General Laws, is hereby further amended by inserting the following definition:-

“Licensee”, a person who owns and maintains a kennel that has received a kennel license from the appropriate licensing authority.

SECTION 4. Section 137A of chapter 140 of the General Laws, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following subsections:-

(a) A person maintaining a kennel shall obtain a kennel license. A licensing authority shall issue, suspend, renew, and revoke kennel licenses as specified in this chapter and any other law. In the case of an applicant for initial licensure and in the case of an applicant for license renewal, a licensing authority shall deny a kennel license until a kennel has passed inspection by an animal control officer.

(b) The issuing city or town shall determine the period of time for which a kennel license shall be valid, including the date of issuance of the license through the date on which the license expires, inclusive, and shall further determine the fee for the issuance and renewal of the license. To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer. A commercial boarding or training kennel shall maintain records of individual dog licenses, as required in section 137 chapter 140 of the General Laws, for all dogs in its care. A kennel that owns or keeps a dog over the age of 6 months shall comply with the provisions of section 145B of Chapter 140 of the General Laws.

SECTION 5. Section 137A of chapter 140 of the General Laws, is hereby further amended by striking out subsection (d) and inserting in place thereof the following:-

(d) The licensing authority shall specify the type of kennel, as defined in section 136A of chapter 140, and the maximum number of animals that may be maintained by the licensee on the license. Such number shall be determined by the licensing authority and the animal control officer following the required inspection. For commercial boarding or training kennels, this number shall be determined following the required inspection and in accordance with regulations in section 174G to ensure the property can support the number of animals while ensuring their health and safety.

(e) The licensing authority shall annually on June 1 send to the department of agricultural resources a list of all kennels and their addresses licensed by the city or town under this section.

(f) A city or town officer who refuses or willfully neglects to perform the duties imposed upon the officer by this section shall be in violation of this section.

(g) A person who violates this section shall be assessed by the department of agricultural resources a fine of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.

SECTION 6. Said chapter 140 is hereby further amended by striking out section 137C, as so appearing, and inserting in place thereof the following section:-

Section 137C. (a) The mayor of a city, the selectmen of a town, the town manager of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer shall inspect a kennel or cause the inspection of a kennel at least 1 time per year. If a person holding a license or applying for a license to maintain a kennel refuses to allow an inspector to enter and inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of a person’s license to maintain a kennel.

Twenty-five citizens of a city or town may file a petition with the mayor of a city, the selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog maintained in the city or town due to excessive barking or other conditions connected with a kennel. The mayor, selectmen, town manager, or police commissioner, as the case may be, shall not more than 7 days after the filing of petition, give notice to all interested parties of a public hearing. The hearing shall be held not more than 14 days after the date of the notice. The mayor, selectmen, town manager, or police commissioner shall, not more than 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order: (i) suspend the kennel or license, (ii) revoke the kennel or license; (iii) further regulate the kennel; or (iv) dismiss the petition.

(b) A written notice under subsection (a) of an order revoking or suspending the license, further regulating the kennel or dismissing the petition shall be mailed immediately to the licensee and to the officer that issued the license. Not more than 10 days after the written notice of the order, the licensee may file a petition in the district court in the judicial district in which the kennel is maintained seeking review of the order. After notice to all parties as the court may consider necessary, the court shall review the action, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel has been revoked or suspended shall be punished by a fine of not more than $250 for a first offense, by a fine of not less than $500 for a second offense and by a fine of not more than $1,500 for a third or subsequent offense by the department of agricultural resources.

SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting after section 174F, the following section:-

Section 174G. (a) The department shall promulgate rules and regulations for commercial boarding or training kennels, including those located at a private residence, which shall include but not be limited to licensing, inspection, compliance and enforcement, use of best practices and operation, provider and staff to animal ratios, fire and emergency planning, injury reporting, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, utilities, body language interpretation, breed familiarity, dog handling, insurance, proper education and training of dog daycare staff, operational safety standards, risk management, and consumer education and protection. The department shall require commercial boarding or training kennels to report injuries to animals or people. The department shall develop a form for such reporting and a time frame for submitting a report after an injury. The form shall be available on the department’s website for the public to report injuries. The department shall make investigative reports publicly available on its website if the investigation results in the department bringing enforcement action against the kennel.

(b) The inspection of a commercial boarding or training kennel to enforce the rules and regulations promulgated under section 174G may be done by the commissioner or an authorized inspector and shall take place between the hours of 7:00 am and 7:00 pm unless an alternate time is mutually agreed upon by the inspector and the licensee. An authorized inspector may include but is not limited to an animal control officer, the mayor of a city, the selectmen of a town, the town manager of a town, the police commissioner in the city of Boston, or another designated official. The licensee or an authorized agent of the licensee shall be present during the inspection and the licensee shall be given reasonable notice prior to the inspection; provided, however, that the commissioner or other authorized inspector may determine that it is not appropriate to provide advance notice to the licensee before arriving at the facility if necessary to adequately perform the inspection. If a kennel regulated under said section 174G is located at a private residence, only the areas of the residence that are used for kennel purposes or for the maintenance of kennel records shall be required to be available for inspection. If, in the judgment of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary and humane manner or if records have not been properly kept as required by law and in compliance with said section 174G, the commissioner or authorized inspector, shall, by order, suspend the license for the kennel depending on the severity of the offense or issue to the licensee a written citation or notice which explains the noncompliant issue and requires the licensee to come into compliance within a reasonable, specified timeframe. If the licensee fails to come into compliance within the time period specified by the commissioner or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license for the kennel.

(c) An enforcement under subsection (b) from the department may be appealed within 21 days to the Division of Administrative Law Appeals pursuant to chapter 30A of the General Laws.

SECTION 8. Notwithstanding any general or special law or rule or regulation to the contrary, there shall be a committee to advise the commissioner of agricultural resources on the promulgation of regulations as required by section 174G of chapter 140. Such committee shall be appointed by the commissioner and consist of: 1 representative from the department of agricultural resources; 1 owner of a licensed commercial boarding or training kennel with a kennel license with a capacity of not more than 50 dogs; 1 owner of a licensed commercial boarding or training kennel with a kennel license with a capacity of 50 or more dogs in a kennel not located in a home; 2 animal control officers, 1 representing a municipality having 5 or more daycare facilities and 1 representing a municipality having fewer than 5 daycare facilities; 1 licensing authority representative; 1 representative of a kennel association or an organization representing kennels; 1 veterinarian or member of a veterinary medical association organized in the commonwealth; 1 member of the general public with an interest in the well-being of dogs; 1 dog owner who uses the services of a licensed commercial boarding or training kennel; 1 animal behaviorist certified by International Association of Animal Behavior Consultants, Inc. or by a comparable certifying entity approved by the department; 1 person with a minimum of 5 years’ experience training people on dog behavior; and 1 representative from a shelter or rescue organization licensed by the department.

The commissioner shall consider diversity, equity and inclusion aspects when appointing said committee. Members of the committee shall be residents of the commonwealth or do business in the commonwealth. Members should reflect the geographic diversity of the commonwealth, representing municipalities with different forms of government. The committee shall elect a chair at the initial meeting.

The commissioner shall appoint said committee within 90 days of the effective date of this act.

SECTION 9. The department of agricultural resources shall promulgate the regulations under section 174G of chapter 140 of the General Laws not more than 18 months after the effective date of this act. The department shall provide an updated list of the regulations under section 174G of chapter 140 as well as any relevant education or training programs to local licensing authorities, animal control officers, and any other applicable local officials for the enforcement of these regulations. The department shall annually review these regulations once promulgated and shall annually review the list of kennels submitted as required by section 137A of chapter 140 of the General Laws to evaluate for compliance of municipalities issuing kennel licenses in accordance with said chapter. The department shall file an annual report with the Joint Committee on Municipalities and Regional Government as to the number of kennel licenses issued throughout the commonwealth, the type of kennel licenses issued, municipalities not in compliance with the license requirements, and any related legislative recommendations.

SECTION 10. Section 8 shall expire on December 31, 2026.