Bills provide greater protections for puppies and kittens in pet shops and tackle animal cruelty
BOSTON, March 15, 2018 — The State Senate unanimously passed two animal protection bills yesterday evening.
- 2332, An Act to Protect Animal Welfare and Safety (PAWS II), sponsored by Senators Mark Montigny and Bruce Tarr would, among other things:
- Ensure animals don’t suffer and die when abandoned in vacated properties by requiring a property owner to check for animals within 3 days of when the owner knew or should have known that the property was vacated;
- Explicitly prohibit drowning animals;
- Require employees of certain agencies to report suspected animal cruelty, abuse, or neglect in the course of their work;
- Remove requirement that animal victims of animal fighting operations be euthanized.
An additional section added to the original bill clarifies and updates the law against animal sexual abuse, by prohibiting sexual contact with an animal and prohibiting the promotion or facilitation of an act involving sexual contact with an animal and forcing a child to engage in sexual contact with an animal.
A broad-based Animal Cruelty and Protection Task Force worked for more than 18 months to craft comprehensive legislative solutions that address a wide variety of animal cruelty issues. The legislature formed this task force in 2014 after outcry from the “Puppy Doe” case and an acknowledgment from legislators that we can do more to protect animals. The trial of “Puppy Doe’s” alleged abuser is currently underway in Norfolk Superior Court. The bill will now head to the House, where Rep. Lou Kafka is the lead sponsor.
2331, An Act to Protect Puppies and Kittens, sponsored by Senator Karen Spilka also passed the Senate and would enact several provisions to protect animals and consumers:
- Prohibit the sale of puppies and kittens under eight weeks of age;
- Improve the “puppy lemon law” to better protect and provide recourse for families who unknowingly purchase a sick puppy or kitten;
- Require promulgation of rules and regulations for higher-volume Massachusetts breeders;
- Ensure that Massachusetts pet shops only sell puppies and kittens from breeders who adhere to minimum animal health and welfare standards.
Families who unknowingly buy puppies from pet shops have little recourse; they can either return their new pet for a refund or for a new animal. This bill will provide a remedy to these families by allowing them to keep their new puppy and receive reimbursement for veterinary fees up to 100% of the animal’s cost.
By prohibiting any sale of puppies and kittens less than eight weeks of age, the bill addresses the negative impact that being separated from their mother can have on health, behavior, and wellbeing. S. 2331 will ensure breeders selling to pet shops hold a current USDA license, don’t have three or more violations of the federal Animal Welfare Act in the past three years, and that they meet the rules and regulations that will be established by the state.
Quotes (S. 2332):
“As chair of the Animal Cruelty and Protection Task Force, I am proud of the work this talented and diverse group completed after more than 18 months of intense research and discussion,” stated Elissa Flynn-Poppey, chair of the Task Force and the Mass. Bar Association designee to the Task Force. “The PAWS II bill contains the legislative recommendations that this broad-based group supported and are important provisions to ensure Massachusetts is protecting its animals to the fullest extent.”
“The Puppy Doe animal torture case inspired strong legislative action designed to increase protections for animals and prevent animal cruelty and neglect. PAWS II builds on the foundations of our original law and will ensure that abuse is reported and enforced, that animal drownings are outlawed, and that our animal control laws reflect the seriousness of animal torture and abuse,” said Senator Bruce Tarr.
“Our commitment towards ending the cruel and inhumane treatment of innocent animals is steadfast, and today we have taken significant action to protect their safety and welfare,” said Chairman Mark Montigny, a longtime champion of animal welfare legislation. “There is zero tolerance for such despicable brutality and today’s action by the Senate sends a clear message.”
“Animal sexual abuse is a too-prevalent and violent offense that is the strongest predictor of child sexual abuse and a strong risk factor for other serious crimes,” explains Stephanie Harris, Massachusetts state director with The Humane Society of the United States. “Current Massachusetts law is too vague to be effective and even a case where the act of animal sexual abuse was video-recorded couldn’t be effectively prosecuted because of the vagueness of current Massachusetts law.”
“Drowning animals is, by any measure, an egregious and inhumane practice that has no place in the Commonwealth,” said Laura Hagen, deputy director of advocacy for the MSPCA. “The nation’s leading veterinary association explicitly found that drowning is inhumane because of the prolonged suffering and stress that it inflicts upon an animal. We are incredibly thankful to the Massachusetts Senate for recognizing this practice for what it is and ensuring it will no longer happen here.”
Quotes (S. 2331)
“As an animal lover, pet owner and occasional small scale breeder, I am deeply aware of the emotional challenges for families when a pet falls ill, as well as the need to protect the health and safety of young animals,” said Senate Committee on Ways and Means Chair Senator Karen E. Spilka (D-Ashland), lead sponsor of the bill. “This bill is the result of extensive discussion with both breeders and animal protection advocates to protect puppies, kittens and pet owners across the Commonwealth.”
Quotes (general)
“The Senate has showed remarkable leadership by passing significant and comprehensive animal protection legislation. We thank Senator Spilka, Senator Tarr, and Senator Montigny for their continued advocacy on behalf of those who cannot speak for themselves. We are fortunate that these sponsors and so much of the legislative body care about animals and understand the link between animal abuse and violence toward humans,” Kara Holmquist, director of advocacy at the MSPCA.
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The MSPCA-Angell is a national and international leader in animal protection and veterinary medicine and provides direct hands-on care for thousands of animals each year. Founded in 1868, it is the second-oldest humane society in the United States. Services include animal protection and adoption, advocacy, humane education, law enforcement, and world-class veterinary care. The MSPCA-Angell is a private, non-profit organization. It does not receive any government funding nor is it funded or operated by any national humane organization. The MSPCA-Angell relies solely on the support and contributions from individuals who care about animals. Please visit www.mspca.org and like us on Facebook at www.facebook.com/mspcaangell
The Humane Society of the United States is the most effective animal protection organization, as rated by our peers. For more than 60 years, we have celebrated the protection of all animals and confronted all forms of cruelty. We and our affiliates are the nation’s largest provider of hands-on services for animals, caring for more than 150,000 animals each year, and we prevent cruelty to millions more through our advocacy campaigns. Read about our more than 60 years of transformational change for animals and people. HumaneSociety.org
