July 25, 2024
ANIMAL WELFARE: Question came on engrossing H 4911 relative to animal welfare and reporting of animal cruelty, abuse or neglect.
Rep. Lewis of Framingham said, I rise in support of the bill. I ask for a roll call vote.
There was sufficient support.
Rep. Hogan asked members to take their seats and refrain from conversation.
Rep. Lewis said, While we know here on Beacon Hill, unlike maybe in DC and other states, most of the bills we pass have bipartisan support. We also know there is nothing like puppies, kittens, elephants and service dogs to bring together moderates, progressives and conservatives, nothing that brings together rural, suburban and urban votes, heck even brings together Swifties and Deadheads quite like animals. I look forward to continuing each and every week to work across every divide to pass commonsense legislation. Becoming a foster parent is a rigorous but rewarding process. It’s not something that happens overnight. With kids, the days are long but the years are short. If anyone has ever thought of becoming a foster parent, please grab me and talk to me at any time. There is a great need in this commonwealth for emergency, short-term and permanent supportive housing for our commonwealth’s children. My husband and I began our journey as pre-adoptive parents over 12 years ago. My forehead didn’t require cosmetics to hide the wrinkles. Parenting-induced premature aging is something none of us can hide from. There was one question in that visit from a social worker that stood out to me: Do you have a dog? How I ever lived without our adorable bulldog I do not know. The answer was simple, no. The social worker then continued, excellent. There’s a chance that depending on the breed, you may be immediately disqualified as a foster parent. We thought nothing of it at the time. One kid seemed ambitious enough as we enthusiastically embarked on this parenting adventure. One day years later, I got a text from my sister who works in a dog shelter in Ohio. There was a picture of an adorable bulldog. We had minutes to decide if we wanted to take the dog and not let it get adopted. We impulsively said yes. Our hearts and home welcomed the dog. Overnight my family became those people who embrace the dog breed in their home. It wasn’t until our life situation changed and that door to become foster or adoptive parents cracked open again, we realized that we were going through the process as a dog family. The social worker looked at Brownie and said OK, let’s start with Brownie. She looked like a pit bull/boxer mix, is that true? I took a deep breath, knowing how I answered could prevent us from becoming parents again. I explained the very long origin story of the pompous bulldog. I started explaining that smarter people than me were trying to breed the unhealthy aspect of the bulldog. The social worker’s eyes glazed over. She said, I’m going to say lab mix. The reality is that if the social worker had judged based on the quality she saw in Brownie – the dogs that DCF lists as forbidden – if that worker had put down pit bull mix, my family wouldn’t have been able to welcome more people into our home. This is what today’s bill is all about. We all know there’s a huge need for foster families in Massachusetts. We know that over 800,000 families have a dog. Most people do. We also know that, based on conservative estimates, that over 100,000 families have a dog that would more or less align with current DCF policy. Not all families are eligible or would be interested, but we automatically disqualify 100,000 families based purely on the breed or perceived breed of the dog in their home. Today we can change all of that. Social workers will be asked to use a multitude of variables in determining if the home is safe and if the dog is ideal, as well. We’re going to empower that social worker, that if they feel an assessment needs to be done, to access veterinary data. Social workers can rely on facts and science and actual assessments, and not just a quick question asked during the home inspection. The second part of the bill getting less attention will allow social workers and those contracted to the state to report animal abuse, not just within the 10-day window they’re allowed to currently, but that 10-day window being eliminated entirely. This will allow social workers to keep their eyes open in all aspects. Today I implore you to join me and the bipartisan group of supporters in voting yes on this bill.
Rep. Hogan recognized Rep. Fiola of Fall River and asked members to take their seats.
Rep. Fiola, I rise to offer my strong support of the bill. I ask for a roll call vote.
There was sufficient support.
Rep. Fiola said, Thank you to our speaker and the chairman. It is clear you are both champions of animals as evident by this and other bills brought to the floor today. I was most encouraged last week when, you Mr. Speaker, indicated your compassion for polar bears during our caucus for climate legislation. I would like to thank my colleague and co-filer of this bill, the minority leader and the gentleman from North Reading. Thank you for your collaboration, passion and advocacy. None of this happens without the diligence and passion of our advocacy partners, who without their work this bill would not be possible. You all know them from their many emails to you, and we thank them for doing that. First filed 22 years ago, this bill has undergone several revisions to address the numerous concerns surrounding animal cruelty. The bill is a product of years of collaboration. It prohibits the use of wild animals in traveling acts. These acts force the animals into lives that are unnatural. This bill does not impact zoos, which provide the public with opportunities to learn about these creatures while caring for them with respect and compassion. When chained and confined in small spaces and handled with pain-inflicting devices, these animals can become dysfunctional, unhealthy, depressed and aggressive. Prolonged immobilization, unsanitary conditions and the use of cruel tools result in pain and illness. Traveling prevents animals from getting immediate expert veterinary care. It is cruel for these animals to live a life on the road. Current protections do not suffice to prevent abuse. This action is needed to protect wildlife and ensure the humane treatment of all animals. We have heard stories of the dangers of these acts for spectators and handlers. This is commonsense legislation that will protect animals and address public safety concerns. Even Ringling Brothers Circus no longer uses these animals in their successful shows. We join 10 other states that have already adopted these bans. I took a safari in Africa in 2019. Seeing these animals in their natural state highlighted the unnatural and inhumane treatment these animals face in traveling acts. That forced me to learn about this bill, file it and learn and collaborate with advocates. I ask that you all join me in voting yes on this bill.
Rep. Domb of Amherst said, I rise in favor of this really important legislation and one that has really attracted a lot of interest. Already over a dozen communities in Massachusetts ban the use of these large animals in traveling shows. This includes municipalities which formerly hosted fairs and circuses where such animals may have been exhibited, from Topsfield to Northampton. You’ve heard that Ringling Brothers and Barnum and Bailey Circus changed their business model out of a sense of public consciousness and changing consumer needs and interests. I want to thank the gentlemen from Quincy and the North End for recognizing the merits and advocacy that went into this bill. Thank you to the members of the committee who went on a visit to Franklin Park Zoo to better inform our actions.
BY A ROLL CALL VOTE OF 155-0, BILL ENGROSSED. Time was 2:10 p.m.
OLLIE’S LAW: Question came on engrossing H 4919 an act to increase kennel safety, AKA Ollie’s Law.
Rep. Hogan recognized Rep. Fiola of Fall River and asked members to take their seats and refrain from conversation.
Rep. Fiola said, I’m grateful to our speaker and the gentleman from the North End for bringing this forward today. I would like to acknowledge Amy Baxter who is here today, whose dog Ollie, a 7-month puppy, died from his injuries suffered on his first day in dog daycare in a facility in Longmeadow. She inspired the legislation before us today. We think of Ollie today. Massachusetts does not currently have regulations or statewide oversight of dog daycares. I did not know that before this bill came to committee, and I drop my dog twice a week at a dog daycare. It’s up to municipalities to provide oversight. A dog is mauled or killed every 10 days in a boarding kennel in Massachusetts. This bill creates regulations and safeguards to protect our pets. This will require MDAR to establish regulations for dog daycare, requiring injuries to be publicly reported if an investigation results in enforcement action, provides guidance for animal control officers for inspections, will provide clear language for municipal officials to ensure facilities maintain a safe number of animals, and to make clear that municipalities are to suspend, revoke and renew licenses. This bill requires the Department of Agricultural Resources to maintain a list of all kennels and provide an annual report as to the number of licenses issued, the type of license issued, municipalities not in compliance and any legislative recommendation. We hope the tragedy that Ollie endured will never happen. Please join me in voting yes on this legislation.
Rep. Ashe of Longmeadow said, I rise in support of Ollie’s Law. I want to thank the gentleman from the North End, the gentlemen from Quincy on their dedication for this bill and animal welfare. I want to thank the gentle lady from Fall River for also standing up for animal rights and helping me champion this bill and understand what it means to so many dog owners who have gone through traumatic incidents. I want to thank all my colleagues who have stood up and supported Ollie’s Law. I want to thank the coalition who are up in the gallery now to support the bill. I can’t thank them enough for their support making sure the bill kept moving forward. I need to thank Amy Baxter, mother of Ollie. When she dropped him off at the daycare, she had confidence that her puppy would be in good hands. When she received a text to come back because there was an incident, she found out her dog had been mauled, had more than 100 puncture wounds, and sadly succumbed to those wounds. My wife happened to see Amy’s post on Facebook. I reached out to Amy and after talking and getting our coalition together, we realized there were no regulations, that anyone could open a doggy care. With this bill, it will put steadfast and reasonable regulations so people who are opening a doggy daycare are doing the right thing, so people can have a good expectation that their dog will be safe.
July 31, 2024
DOG DAY CARE, KENNELS: At 5:23 p.m., there was no objection to taking up a matter from the Orders of the Day. Question came on engrossment of H 4919 to increase kennel safety, a.k.a. Ollie’s Law, coming first on a Sen. Oliveira amendment (S 2929).
Sen. Oliveira said, I want to commend the gentleman from New Bedford, long a champion for those who have no voice — our animal community. Thank you, thank you, to the gentleman from New Bedford. Thank you also to Rep. Ashe who filed this bill on the House side and my co-chair from Fall River on the House side. Today I rise to speak about a tragedy. In the fall of 2020, a constituent of mine experienced a heartbreaking incident that no pet owner should ever face. Like any loving pet owner, she wanted to provide the best for her dog, a young Labradoodle named Ollie, a goofy and smart and social bundle of joy. She decided to take him to a doggie day care to be looked after. What happened next was a nightmare. 90 minutes after dropping off Ollie, she got a text message saying her beloved puppy had a cut and needed to be picked up immediately. The reality was more horrifying. The “cut” was over 100 bites and an infection that would take his life. He was attacked by a pack of dogs and despite multiple surgeries he succumbed to his injuries in 2020. The treating vet said the attack went on for several minutes. We do not issue kennel licenses. MDAR did not have authority to step in. There are a few things we know. The kennel owner had no emergency protocols or plans in place. There was a veterinary hospital next door, and only one employee was working at the time, a teenager on the job for three weeks who couldn’t take Ollie next door to the hospital because they couldn’t leave the other dogs, so Ollie was left on a bench, bloodied and broken and left to go into septic shock. No emergency protocol, no relationship with the vet next door, and no reporting. The town of East Longmeadow only found out about it because Amy reported it to the town manager and police herself. Amy and her family are reminded about what happened each and every day. No family should have to go through this. Ollie’s Law was painstakingly crafted over the past three years and worked on with MDAR. It will address concerns related to canine welfare. First, it will provide oversight of doggie day care facilities. Two, it will place reasonable regulations upon kennels. A patchwork of regulations around the state has led to sub-par conditions in some places. Under this bill MDAR will be able to promulgate regulations to ensure safety of animals in these facilities including staff to animal ratios, emergency planning, minimum care requirements, dog handling, and insurance. Injuries to animals and to people must be reported so the public will also have means to report injuries directly to the agency. It will also provide oversight to ensure wellbeing of certain breeding operations. All dogs deserve protection whether they’re in a kennel for two hours, two days, or two months. They all deserve protection, and day care employees deserve this protection, too.
Sen. Montigny of New Bedford said, Let me briefly say a couple of things. First, I want to thank my staff. We’ve been filing the bill for some time. We feel strongly about the Senate version of the bill. Also appreciate the House and Senate chairs and the House sponsor. I want to credit Amy Baxter and those who advocated for this. I don’t know, is it an under-exaggeration to suggest 80 percent of the world loves cats and dogs and animals? And the 2 percent who agree with JD Vance don’t? But it’s stunning to me, we still allow in this country and state the kind of animal abuse that takes place. We’ve prioritized these issues in the Senate. We’ve worked for years on everything from declawing to hot car legislation. It’s not an exaggeration to say animal lovers from outside the building camp out in my office and some others. Generally speaking, those on the dark side of advocacy are not allowed to camp out there but those who care about animals have free use of our office. Even when we pass laws that require legislation, it takes too long to implement and there’s almost never the type of criminal sanctions that are necessary. How much animal abuse to we witness in this state where, at worst, it’s a slap on the wrist for the abuser, over and over and over? If the accused even reaches a criminal court. So I’m not suggesting that this bill solves all those problems. I wish I were confident that it even solves the issue at hand, namely that if you pay someone to take care of your pet, you have expectations. You want to know who the bad actors are, you want to see proper records, and you expect to see a report on if something does happen what the cause was of danger to your pet. We have a patchwork of regulations, true, and a basket of laws, true — I’ve sponsored many of them. But they all add up to inadequacy. It’s very difficult to protect against animal abuse because it happens in dark alleys and homes where there’s an abusive owner who’s captured a helpless animal. But this caught my attention because of the advocacy. People identify with a creature, not just data. At the end of the day, when the MGL are written, it will reflect not just Amy’s advocacy but also reflect on those who suffered silently with no remedy at all. It’s just simple. It’s just saying, if you spend money to go to the fuzzy warm doggie day care, you assume the person is professional and trained and licensed, and you also assume if they violate law then there will be sanctions and we’ll keep track of the violation so we can prevent like tragedies. I’ll close by saying despite the late hour and later date I appreciate this bill. I also hope soon my declawing bill which sits in the House will return to the Senate. I know there is support in the House. We need to demand with all of our contacts in the administration that regulations are promulgated promptly. Some of the lobbying going on with this is the same stinky stuff that diminishes a lot of public policy. If you are threatened by this law, you don’t belong in the business.
BY A ROLL CALL VOTE OF 39-0, “OLLIE’S” BILL ENGROSSED.
TRAVELING ANIMAL WELFARE: Question came on engrossing H 4915 relative to the use of elephants, big cats, primates, giraffes and bears in traveling exhibits and shows.
I want to express my gratitude for the Senate president, my co-sponsors and sponsors in the House. We had a discussion about animal welfare a few months ago, where we noted that we have a history of protecting animal welfare in this Legislature. The bill now pending is an example of the evolution of our laws to create a new chapter that would protect animals from abuse, animals in the business of traveling exhibition. It’s important that we ban that practice, because it is inhumane, and doesn’t continue the positive atmosphere these animals deserve. It prohibits animals including elephants, primates, giraffes and bears in traveling shows. The life they’d have on the road deprives them of exercise and being able to have natural behaviors. These animals can become depressed and aggressive when they are in confinement. There have been many incidents with these animals. That’s why so many places around the world have taken steps to protect animal welfare from these exhibitions. Fifteen communities in this state have already passed these bans. Ten U.S. states also have banned this practice. Beyond that, more than 200 localities in 37 U.S. states have passed this type of legislation. It is a basic thing to see that this atmosphere is not conducive to animals’ physical and mental health. This legislation reflects a tremendous amount of work to find reasonable compromise to ensure that educational programs can continue. So I’d like to express my gratitude to the Massachusetts Society of Prevention of Cruelty to Animals, and more. I’d like to also thank our legal counsel and deputy chief of staff for his work on this matter, as well as the folks at a zoo who have worked on this bill so it can have the intended consequences while preserving the opportunity for meaningful interaction between human beings and animals. My hope is that after a long period of time we’ve worked on this, we can bring this to fruition. I hope we can write the next chapter in the evolution of animal welfare law in Massachusetts. Thank you.
The bill was ENGROSSED on a voice vote.
October 1, 2024
DOG BREEDS: Question came on engrossment of H 4911 relative to animal welfare and reporting of animal cruelty, abuse or neglect.
Speaking over the phone, Sen. Gomez of Springfield said, We all know there’s a huge need for foster families in Massachusetts, and we also know that over 800,000 families have a dog, and of those families, over 100,000 have a dog breed that would not align with the current DCF policy. While not all families are eligible, we are automatically disqualifying 100,000 families when fostering a child based purely on the breed or perceived breed of a dog that they house. This legislation will change all of that. Social workers will be asked to use a multitude of variables in determining if the home is safe and if the dog is ideal, not just by the breed. We’ll empower social workers to use specific facts and data to make actual assessments, not just quick visual estimates during a home visit. This bill will also allow social workers and those contracted to the state to report animal abuse, not just within the 10 day window they’re allowed to currently. By eliminating that window entirely, animal cruelty is recognized as part of the continuum of family violence within serious implications for multiple victims and communities. This will give our social workers more tools to enhance safety for our commonwealth’s most vulnerable residents. I hope this measure is passed.