Amendment #1 to H.198

HOUSE . . . . . . . No. 4911

The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July 25, 2024.

The committee on Ways and Means, to whom was referred the Bill relative to animal welfare and DCF regulations (House, No. 198), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4911).

For the committee,

AARON MICHLEWITZ.

FILED ON: 7/25/2024

HOUSE . . . . . . . . . . . . . . . No. 4911

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 relative to animal welfare and reporting of animal cruelty, abuse or neglect.

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 19A of the General Laws is hereby amended by striking out section 42, inserted by section 3 of chapter 219 of the acts of 2018, and inserting in place thereof the following section:-

Section 42A. (a) Any employee of the department, its designated agency or any person employed pursuant to a contract with the department or its designated agency, when acting in their professional capacity or within the scope of their employment, who has knowledge of or observes an animal whom they know or reasonably suspect has been the victim of animal cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to the entities that investigate reports of animal cruelty, abuse or neglect, as described in section 57 of chapter 22C, or any local animal control authority.

(b) The report may be made within 2 working days of receiving the information concerning the animal, by facsimile transmission or a written report or by telephone. In cases where an immediate response may be necessary to protect the health and safety of the animal, the report shall be made by telephone as soon as possible.

(c) When 2 or more employees of the department or its designated agency, or persons employed pursuant to a contract with the department or its designated agency, are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement among them, a report may be made by 1 person by mutual agreement. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.

(d) No person making such report shall be liable in any civil or criminal action by reason of such report if it was made in good faith. Any privilege established by sections 135A and 135B of chapter 112 or by section 20B of chapter 233, relating to confidential communications shall not prohibit the filing of a report pursuant to this section.

(e) Nothing in this section shall impose a duty on the department or its designated agency to investigate known or reasonably suspected animal cruelty, abuse or neglect.

(f) Nothing in this section shall prevent the department, area office or subdivision or its designated agency from entering into an agreement, contract or memorandum of understanding with the entities that investigate reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require such reports or to engage in training in identification and reporting of animal abuse, cruelty and neglect.

SECTION 2. Section 14 of chapter 19C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “During any investigation or evaluation reported under section 5, any” and inserting in place thereof the following word:- Any.

SECTION 3. Chapter 119 of the General Laws is hereby amended by inserting after section 26C the following section:-

Section 26D. (a) The department may request that a foster or pre-adoptive parent applicant or a foster or pre-adoptive parent obtain and provide a copy of a behavior or temperament assessment or provide veterinary records for any animal maintained on premises used as a foster or pre-adoptive home. The cost of the behavior or temperament assessment shall be borne by the foster or pre-adoptive parent or applicant. The department shall not restrict placement of a child solely based on the presence of any particular breed of dog in the home. The department may consider:

(i) the age of the child;

(ii) any prior incidents of dangerous behavior between the child and animals in previous placements;

(iii) veterinary records, including, but not limited to, whether the animal may have disease and parasites; provided, that the department may contact the veterinarian for a reference or additional information;

(iv) whether the animal is licensed and vaccinated as prescribed by sections 145B and 147 of chapter 140 or any other law or local ordinance or by-law;

(v) the age and size of the animal;

(vi) whether the animal has been neutered;

(vii) a copy of a behavior or temperament assessment;

(viii) any prior incidents of dangerous behavior or incidents by the animal;

(ix) behavioral aspects of the child;

(x) the number of animals on the premises; and

(xi) whether the animal is penned or caged at any time, and if so, under what circumstances and for what purpose.

(b) The department may request that a foster or pre-adoptive parent applicant or a foster or pre-adoptive parent obtain and provide any other information deemed necessary to the safety and well-being of the child as it relates to the status of any animal in the home.

SECTION 4. Section 85 of said chapter 119, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “During any investigation or evaluation reported under section 51A, any” and inserting in place thereof the following word:- Any.