Senate, March 19, 2012 -- Recommended new draft from the Senate committee on Ways and Means for the Senate Bill further regulating municipal animal control (Senate, No. 1033)
|3/19/2012||Senate||Reported from the committee on Senate Ways and Means|
|3/19/2012||Senate||Recommended new draft for S1033|
|3/19/2012||Senate||Order relative to subject matter adopted|
|3/19/2012||Senate||Placed in the Orders of the Day for Thursday, March 22, 2012|
|3/22/2012||Senate||Amendment #1 (Michael Moore) adopted|
|3/22/2012||Senate||Amendment #2 (Jehlen) adopted|
|3/22/2012||Senate||Amendment #3 (Clark) adopted - Roll Call #161 [33 yeas - 0 nays]|
|3/22/2012||Senate||Amendment #4 (Montigny) adopted|
|3/22/2012||Senate||Amendment #5 (Tarr) adopted|
|3/22/2012||Senate||Amendment #7 (Tarr) rejected - Roll Call #162 [4 yeas - 29 nays]|
|3/22/2012||Senate||Amendment #8 (Brewer) adopted|
|3/22/2012||Senate||SWM amendments adopted, as amended|
|3/22/2012||Senate||Substituted as a new draft for S1033|
|3/22/2012||Senate||Ordered to a third reading|
|3/22/2012||Senate||Read third and passed to be engrossed|
Mr. Michael O. Moore moves to amend the bill (Senate, No. 2184) by striking out, in line 88, the words “day care” and further by striking out, in lines 91 to 94, the following words “a grooming facility operated solely for the purpose of grooming and not overnight boarding” and by inserting in place thereof the following words:- “a facility not for overnight boarding, including dog grooming, dog training, supervised playtime and dog walking with no more than 12 dogs on a single premises,”.
Animal Control Officer Training
Ms. Jehlen moves to amend the bill (Senate, No. 2184) in Section 21 by adding the following in line 473:-"Within 2 years of the effective date of this legislation for existing animal control officers or within 1 year of hire for animal control officers hired after that date, an animal control officer shall complete a training course offered or approved by the Animal Control Officers Association of Massachusetts or the commissioner provided that, if there is no training offered within the specified time frame an animal control officer shall complete the next available training. "
Domestic Violence and Pets
Ms. Clark and Ms. Creem move to amend the bill (Senate, No 2184) by inserting, after Section_, the following new section:-
SECTION _. When issuing a temporary or permanent vacate, stay away, restraining or no contact order or judgment issued pursuant to sections 18, 34B or 34C of chapter 208; section 32 of chapter 209; sections 3, 4 or 5 of chapter 209A; section 15 or 20 of chapter 209C; or sections 3, 4, 5, 6, or 7 of chapter 258E; or a temporary restraining order or preliminary or permanent injunction issued by the superior court the court may order the possession, care and control of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household to the plaintiff. The court may order the defendant to refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
A person, who qualifies, may petition the court pursuant to sections 18, 34B or 34C of chapter 208; section 32 of chapter 209; sections 3, 4 or 5 of chapter 209A; section 15 or 20 of chapter 209C; or sections 3, 4, 5, 6, or 7 of chapter 258E for an order that the defendant refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
The chief justice of administration and management shall amend the relevant complaint forms for chapters 208, 209A, 209C and 258E or shall adopt a form complaint for use under this chapter which shall be in such form and language to permit a plaintiff to prepare and file such complaint pro se.
In all instances where an outstanding warrant exists or a violation of a temporary or permanent vacate, stay away, restraining or no contact order or judgment issued pursuant to sections 18, 34B or 34C of chapter 208; section 32 of chapter 209; sections 3, 4 or 5 of chapter 209A; section 15 or 20 of chapter 209C; or sections 3, 4, 5, 6, or 7 of chapter 258E a judge shall make a finding, based upon all of the circumstances, as to whether an imminent threat of bodily injury exists to the petitioner or to a domesticated animal. In all instances where such an imminent threat of bodily injury to a human being or a domesticated animal is found to exist, the judge shall notify the appropriate law enforcement officials of such finding and such officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.
Advisory committee for the Homeless Animal Prevention and Care Fund
Mr. Montigny moves to amend the bill, S. 2184, in section 2, by inserting after subsection (a) the following subsection:
(b) There is hereby established an advisory committee to assist the commissioner in establishing procedures for disbursements from the Homeless Animal Prevention and Care Fund. Members of the advisory committee shall receive no compensation or reimbursement for expenses incurred in the performance of their duties. The advisory committee shall consist of the following members appointed by the Governor:
(1) two members from a humane society, animal rescue or sheltering organization;
(2) one representative from an association organized in Massachusetts for animal control officers;
(3) one representative from the state veterinary medical association;
(4) one representative from the Department of Agricultural Resources; and
(5) two members of the general public with an interest in reducing the number of homeless animals.
All members of the advisory committee shall be residents of the commonwealth. The board members shall serve three-year terms; except that three of the members appointed initially shall serve a term of two years. All members shall have an active interest in reducing homeless pets and educating the community regarding the benefits of pet population control in Massachusetts.
Mr. Tarr moves to amend the bill (Senate, No. 2184) in Section 11, by inserting after the word “town” in line 266 the following words:- , provided, however, that no fee is increased without a majority vote of the city council or the voters present at a town meeting.
FEE INCREASE LIMITS
Mr. Tarr moves to amend the bill (Senate, No. 2184), in Section 11, by deleting lines 265 and 266 in their entirety and inserting in place thereof the following:-“Section 139. (a) The fee for every license shall, except as otherwise provided, be determined by a city or town; provided, however, that any increase which brings the fee for a license greater than $3 for a male dog, $6 for a female dog, or $3 for a spayed female dog, shall not exceed 5 percent, and provided further any subsequent fee increase shall not exceed the rate of inflation.”
LICENSING REPORTING REQUIREMENT
Mr. Tarr moves to amend the bill (Senate, No. 2184) by inserting at the end thereof the following new Section:-
“SECTION__. The Division of Agricultural Resources shall, for the first five years immediately following the effective date of this Act, file an annual report with the Clerk of the House, the Clerk of the Senate, and the chairs of the House and Senate Ways and Means Committees detailing the number of dogs, cats and ferrets that have been licensed in each city and town of the Commonwealth during the previous year. The information contained in said report shall be listed on a per community basis, and shall include a breakdown of the total number of each type of domestic animal licensed in each community. Said report shall be filed annually on or before July 31.
Mr. Brewer moves to amend the bill (Senate, No. 2184) in Section 1, by inserting after the word “officers”, in line 8, the following words:- “consistent with section 151C of chapter 140”; and
in Section 4, by inserting, in line 129, after the word “Veterinary”, the following word:- “Medical”; and
in Section 31, by inserting, in line 684, after the word “Such”, the following word:- “officer,”.
Petitioners: Senate Committee on Ways and Means