HOUSE DOCKET, NO. 653 FILED ON: 1/12/2009
HOUSE . . . . . . . . . . . . . . No. 344
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Lida E. Harkins
_______________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act prohibiting devocalization of dogs and cats.
_______________
PETITION OF:
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Name:
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District/Address:
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Jennifer L. Flanagan
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Worcester and Middlesex
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Patricia D. Jehlen
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Second Middlesex
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Matthew C. Patrick
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3rd Barnstable
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Jennifer M. Callahan
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18th Worcester
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David P. Linsky
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5th Middlesex
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Robert L. Rice, Jr.
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2nd Worcester
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Ellen Story
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3rd Hampshire
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Ruth B. Balser
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12th Middlesex
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William N. Brownsberger
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24th Middlesex
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Cheryl A. Coakley-Rivera
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10th Hampden
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Sean Garballey
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23rd Middlesex
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Patricia A. Haddad
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5th Bristol
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Stephen M. Brewer
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Worcester, Hampden, Hampshire and Franklin
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Scott P. Brown
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Norfolk, Bristol and Middlesex
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Daniel E. Bosley
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1st Berkshire
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Christine E. Canavan
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10th Plymouth
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Viriato Manuel deMacedo
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1st Plymouth
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Louis L. Kafka
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8th Norfolk
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John D. Keenan
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7th Essex
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Barbara A. L'Italien
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18th Essex
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David M. Nangle
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17th Middlesex
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Pam Richardson
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6th Middlesex
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Michael F. Rush
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10th Suffolk
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Cynthia Stone Creem
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First Middlesex and Norfolk
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Susan C. Fargo
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Third Middlesex
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John A. Hart, Jr.
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First Suffolk
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Geraldo Alicea
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6th Worcester
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Willie Mae Allen
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6th Suffolk
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James Arciero
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2nd Middlesex
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Bill Bowles
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2nd Bristol
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Garrett J. Bradley
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3rd Plymouth
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Stephen R. Canessa
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12th Bristol
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Steven J. D'Amico
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4th Bristol
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Paul J. Donato
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35th Middlesex
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John P. Fresolo
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16th Worcester
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Peter J. Koutoujian
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10th Middlesex
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Stephen Kulik
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1st Franklin
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Elizabeth A. Malia
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11th Suffolk
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Denise Provost
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27th Middlesex
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John W. Scibak
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2nd Hampshire
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Carl M. Sciortino, Jr.
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34th Middlesex
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Martin J. Walsh
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13th Suffolk
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Jonathan Hecht
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29th Middlesex
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James T. Welch
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6th Hampden
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John F. Quinn
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9th Bristol
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Jeffrey Sánchez
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15th Suffolk
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Anthony W. Petruccelli
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First Suffolk and Middlesex
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Susan C. Tucker
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Second Essex and Middlesex
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Kathi-Anne Reinstein
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16th Suffolk
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David M. Nangle
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17th Middlesex
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Karen E. Spilka
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Second Middlesex and Norfolk
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Martha M. Walz
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8th Suffolk
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Charles A. Murphy
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21st Middlesex
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Bruce E. Tarr
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First Essex and Middlesex
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Jennifer Benson
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37th Middlesex
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Thomas P. Conroy
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13th Middlesex
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William Lantigua
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16th Essex
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Linda Dorcena Forry
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12th Suffolk
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
_______________
An Act prohibiting devocalization of dogs and cats.
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. Said Chapter 272 is amended by inserting the following section:
Section 80. (a) No person shall surgically debark or silence a dog or cat, or cause the surgical debarking or silencing of a dog or cat, unless a veterinarian licensed in this state has filed a written certification with
the town clerk or in Boston, the police commissioner,
stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat medical harm or pain.
(b) The written certification described in (a) shall contain the date and description of the veterinarian’s examination and evaluation of the dog or cat, statement certifying that surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat harm or pain; any supporting diagnosis and findings, the name and current address and telephone number of the dog or cat’s owner or keeper, and the name and current address and telephone number, state license number, and signature of the veterinarian.
(c) No person except a veterinarian licensed in this state, using anesthesia, may surgically debark or silence a dog or cat.
(d) Any person in violation of this section shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment. A court may also order any person convicted under this section to submit to a mental health evaluation as determined by the court and undergo any recommended counseling or treatment.
In addition to any other penalty provided by law, a person convicted under this section may be barred from owning or possessing any animals, or living on the same property with someone who owns or
possesses animals, for a period of time deemed appropriate by the court, and required to take humane education, pet ownership and dog training classes as ordered by the court.
SECTION 2. Said Chapter 140 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting the following section:
Section ________. Any person
or business
selling
a dog or cat for profit
shall disclose whether the dog or cat has been surgically debarked or silenced and
provide the purchaser with a copy of the veterinarian certification required by Chapter 272, Sec. 80.
SECTION
3
. Said Section 137D of chapter 140 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting “eighty” between
“seventy seven” and “eighty A”.
