H. 4849: An Act relative to enforcement of chapter 140
MSPCA Position: Support
Sponsor: Representative Brian Ashe
Status: Bill reported favorably by committee and referred to the committee on House Ways and Means.
Overview: Many sections in Chapter 140 cover animal control, which is a function performed by municipalities that includes licensing dogs, issuing kennel licenses, enforcing the dangerous dog laws, and related issues. While these laws have been updated some in 2012 and 2024, weaknesses continue to be found within these complicated and interrelated statutes to improve animal safety and the efficacy of animal control programs.
- Technical Corrections: Updates definitions and reinstates critical language ensuring kennels maintain sanitary and humane conditions for animals.
- Enhanced Safety Measures: Removes the collar and tag requirement for dogs in kennels, allowing alternative identification methods to prevent injuries.
- Dog Licensing Clarifications: Clarifies that a commercial boarding or training kennel does not have to license a dog who is boarding, even when the kennel is considered the “keeper”; requires owners or keepers who have a kennel license to obtain individual dog licenses for those dogs kept on the premises who are over 6 months of age in most circumstances.
- Modernization of Outdated Language: Updates record-keeping requirements for unlicensed dog sales, ensuring municipalities have accurate and current data.
- Stronger Enforcement Provisions: Empowers Mass. Dept of Agricultural Resources (MDAR) to impose fines on municipalities that don’t report required information about kennels to the state. Also clarifies enforcement for animal control officers regarding dog harboring and counterfeit tags.
- Improvements to the Mass. Animal Fund: Increases flexibility in fund allocation and diversifies income sources, supporting animal welfare programs to provide needed health services to animals.
Technical corrections (SECTIONS 5, 6, 12, 17, 18)
These sections consist of technical corrections. For example, one ensures the definitions section of the animal control laws reflect the most recent additional statute (the one that bans cat declawing); another correction replaces language that was accidentally removed in 2024 (in section 137C of chapter 140) that required all kennels to be sanitary and humane.
Improved safety (SECTIONS 11, 19, 20, 21)
Language has been in statutes since the 1800s that requires dogs to wear collars and tag while in a kennel. While this requirement has been in existence for a long time, it has not been widely enforced. When it recently became more well known, many kennel operators and dog owners had concerns about it due to potential injuries to dogs who could become caught on each other or on cages. These sections remove this requirement and instead require other means of identification that don’t carry this risk.
Dog licensing (SECTIONS 7, 8, 9, 10, 13)
These sections clarify that a commercial boarding or training kennel does not have to license a dog who is boarding, even when the kennel is considered the “keeper”; requires owners or keepers who have a kennel license to obtain individual dog licenses for those dogs kept on the premises who are over 6 months of age; and adds an exemption fo animal non-profits and municipalities from licensing individual dogs (in addition to having a kennel license) since dogs in a shelter or animal control facility are there for a short period of time pending adoption and change of ownership.
Outdated language (SECTION 16)
Section 137B of Chapter 140 has governed the Sale or other delivery of unlicensed dog by kennel licensee since 1934. This section would update the information on the records sent to municipalities when a dog is sold from a kennel, ensuring cities and towns have accurate information on dogs in their jurisdictions.
Enforcement (SECTIONS 15, 19, 21)
These sections would allow MDAR to issue fines when municipalities don’t send in their information as required by Ollie’s Law. This year, only 28% of the 351 cities and towns complied with this requirement. Sections 19 & 20 which move some language from animal cruelty statutes (in Ch. 272) to Ch. 140 would allow animal control officers to enforce provisions relating to holding or harboring another person’s dog or not reporting a dog being harbored to the police; or wearing a counterfeit tag.
Mass. Animal Fund (SECTIONS 1, 2, 3, 4)
These sections make several improvements to the Mass. Animal Fund run by MDAR to give more flexibility to both how funds are spent and the sources of income allowed to come into the Fund.
Kennel reporting (SECTION 14)
This improves a section of Ollie’s Law that requires municipalities to report the number of kennels and addresses. This section would require additional information including when the kennel was last inspected.
