Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 136A of chapter 140 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by adding the following definition:-
"Shelter", a public animal control facility, or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect, or abuse.
SECTION 2. Said chapter 140 is hereby amended by inserting after section 139, as so appearing, the following section:-
Section 139A. No shelter shall sell or give away any dog or cat that has not been spayed or neutered, unless a deposit of not less than ten nor more than thirty dollars for spaying or neutering such dog or cat has been tendered to the shelter. The shelter may make appropriate arrangements for the spaying or neutering of such dog or cat by a licensed veterinarian, or may return the deposit to the person purchasing or receiving the dog or cat upon presentation of a written statement or receipt from a veterinarian or clinic that the dog or cat has been spayed or neutered by a licensed veterinarian.
Any dog or cat six months of age or older at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days, or the deposit shall be deemed unclaimed. Any dog or cat under six months of age at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days after reaching six months of age, or the deposit shall be deemed unclaimed.
Any deposit not claimed under this section shall be used only for the following purposes:
(1) a public education program to prevent overpopulation of dogs or cats;
(2) a program to spay or neuter dogs or cats;
(3) a follow up program to assure that animals sold or given away by the shelter are spayed or neutered; or
(4) costs incurred under this section.
A shelter may enter into a cooperative agreement with another shelter and with a veterinarian in carrying out the provisions of this section.
SECTION 3. This act shall take effect July first, nineteen hundred and eighty-eight.