2009-2010 Massachusetts Legislative Session
(If you are looking for federal legislation, click here)
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An Act to Update the Animal Control Laws
Senate Bill 2172 (formerly SB406/SB2120/SB2151)
For many years, there have been efforts to put in place more effective animal control laws in Massachusetts. Currently, there are numerous problems with the outdated statutes that impact the animal control programs in our 351 cities and towns, leaving both the public and animals unprotected in many ways. Increased fines, improving the mandatory spay/neuter law, strengthening the dangerous dog ordinance (while preventing breed-specific policies), updating the kennel definitions and requiring animal control officers to receive training are just a few of the components of this bill that has been drafted by a coalition that includes the MSPCA, Animal Rescue League of Boston, Animal Control Officers Association of Massachusetts (ACOAM), the state’s Bureau of Animal Health, and the Massachusetts Veterinary Medical Association (MVMA). Sponsor: Senator Jehlen.
Status: Favorably reported from the Environment, Natural Resources and Agriculture Committee; In Senate Ways and Means.
An Act to Relating to Pets and Abuse Prevention
House Bill 1499
The research documenting the link between animal abuse and violence toward humans is increasing. A coalition in Massachusetts that consists of professionals in both animal protection and domestic violence have come together to educate others about this “link,” and to create programs and promote legislation that addresses this relationship in order to stop the cycle of violence. Following similar laws in Vermont, Maine and New York, this bill would specifically permit the inclusion of pets in abuse prevention orders. Sponsor: Representative Koutoujian
Status: Currently being reviewed by the Judiciary Committee
An Act Establishing a Massachusetts Spay/Neuter Fund
Senate Bill 778
This bill would create a voluntary tax check-off to prevent pet overpopulation through spaying and neutering, specifically by assisting persons meeting income limit standards to sterilize and vaccinate dogs and cats and to educate the public about the importance of spaying and neutering. Sponsor: Senator Montigny
Status: Currently being reviewed by the Municipalities and Regional Government Committee
An Act Relating to the Treatment of Elephants
Senate Bill 1870
The bill would prohibit any person who houses, possesses or travels with elephants utilized in traveling shows to use any implement that would result in physical harm or to keep the elephants constantly restrained by chain or similar device. For example, the bullhook (or ankus) which is a club made of wood, metal, or other substantial material, with a sharp steel hook and metal poker at one end is commonly used to train an elephant. Sponsor: Senator Hedlund
Status: Currently being reviewed by the Tourism, Arts, and Cultural Development Committee
An Act Related to the Sale of Paraphernalia from Dog Fights
House Bill 1466
This bill would make illegal the possession of various mediums that contained video, sound recordings or photographs of animal fighting. It would also prohibit the sale and marketing of those depictions. Recently, on an evening news broadcast, an individual was exposed on the North Shore who was selling videos of illegal animal fights that he either created himself or those that he purchased for resale. Passage of this act would levy misdemeanor penalties against those convicted. Sponsor: Representative Kafka
Status: Currently being reviewed by the Judiciary Committee
An Act to Clarify the Animal Cruelty Law
House Bill 1303 Hearing: Tuesday, July 14, 2009
This bill would clarify the existing animal cruelty laws and give specific express notice to animal owners and possessors that they have an obligation to provide their animals with veterinary care that is necessary to prevent or relieve their animals’ suffering. Over 20 states have some provision in their statutes creating such a duty. This bill was carefully drafted with specific language to distinguish the more egregious cases in which it is objectively obvious that veterinary care is necessary to relieve an animal’s suffering. Sponsor: Representative Callahan
Status: Currently being reviewed by the Judiciary Committee
An Act Requiring the Posting of a Security for the Seizure and Impoundment of Animals
House Bill 1969 Hearing: Tuesday, July 14, 2009
This bill would make a few, mostly technical changes in this statute that passed a few years ago that remedied a problem that occurs when animals must be seized as the result of cruelty investigations by allowing an authority that seizes an animal pursuant to applicable Massachusetts law for alleged cruelty or neglect to request the court to order a refundable security/bond to cover the costs of caring for the animal during the period of time the animal is held until the case is adjudicated. Sponsor: Representative Campbell
Status: Currently being reviewed by the Municipalities and Regional Government Committee
An Act Relating to Regulating the Display of Red and Blue Flashing, Rotating or Oscillating Lights
House Bill 3301
This bill would grant officers of the Massachusetts Society for the Prevention of Cruelty to Animals and officers of the Animal Rescue League of Boston, who are commissioned as special state police officers, the authority to utilize emergency flashing lights on their vehicles. Officers of these agencies are mandatory EMS providers and have administered emergency first aid to victims of motor vehicle accidents. While administering aid they currently do not have any warning lights that would ensure both officer and victim safety. Sponsor: Representative Reinstein
Status: Currently being reviewed by the Joint Committee on Transportation
The Economic Opportunities Act
House Bill 1856
This bill establishes a fund to benefit employees of Raynham and Wonderland Greyhound Parks with retraining and financial assistance as dog racing is phased out this year as a result of the 2008's Question 3. Under the language of this measure, state monies now distributed to track owners under the statutory Greyhound Promotional Trust Fund and the Greyhound Capital Improvements Trust Fund will be redirected to a new Greyhound Workers’ Re-training and Support Fund. The new Fund will be administered by the Department of Labor and Workforce Development. There will be no new cost to the state. Sponsor: Representative Sciortino
Status: Awaiting hearing by the Labor and Workforce Development Committee
An Act to Require the Addition of a Bittering Agent to Antifreeze
House Bill 4285 (formerly House Bill 398, combined with H.399 and H.400)
Most automotive antifreeze contains ethylene glycol, which is highly toxic to animals and humans. The smell and taste of antifreeze is appealing to animals, who can be poisoned by even the relatively small amounts that leak out of cars and trucks. The Humane Society of the
Status: Reported favorably by Joint Committee on Consumer Protection and Professional Licensure and referred to the House Committee On Steering, Policy and Scheduling
An Act An Act Prohibiting the Cruel Confinement of Certain Farm Animals
House Bill 815
Most farm animals are raised in intense confinement systems that thwart most, if not all, of their natural behaviors. This bill would prohibit the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs; that means that standard veal crates, gestation crates for pregnant pigs, and battery cages for hens would not be allowed in the Commonwealth. Sponsor: Representative Richardson
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Relative to the Protection of Animals Against Domestic Violence
Senate Bill 1710
This bill adds imminent threat of bodily injury to domestic animals (in addition to the existing threat against human beings) as a circumstance under which law enforcement officials shall take necessary actions to execute an outstanding warrant when a restraining order is sought in cases of divorce or orders to vacate a marital home and an outstanding warrant exists against the defendant. Sponsor: Senator Jehlen
Status: Currently being reviewed by the Judiciary Committee
An Act to Protect Animals in Domestic Violence Cases
House Bill 1319
This bill would specifically permit the inclusion of pets in abuse prevention orders and would also: allow police officers who are preventing abuse to assist the abused person in locating temporary shelter for any animals in the household which may be threatened by remaining in the household; require the Department of Corrections to study the feasibility of expanding the service dog training program at MCI Framingham to accommondate dogs who need foster care placement due to domestic violence; and includes in the state's victim compensation chapter (258C) expenses incurred for veterinary seervices as the direct result of injury to or death of animal in a case of domestic violence. Sponsor: Representative Clark
Status: Currently being reviewed by the Judiciary Committee
An Act Prohibiting Devocalization of Dogs and Cats
House Bill 344 You can read our Statement of Belief on Devocalization. The MSPCA opposes surgical devocalization that is medically unnecessary and urges responsible people to utilize socialization and training when their pets exhibit disruptive natural behaviors. This legislation will make it illegal to surgically devocalize a dog (or cat) unless a veterinarian deems that the procedure is medically necessary to treat a disease or injury. Sponsor: Representative Harkins
Status: Reported favorably by the Judiciary Committee and referred to the House Committee On Steering, Policy and Scheduling. Ordered to a third reading in the House.
An Act Making Amendments to the General Laws Covering Trusts
House Bill 1467
This bill would allow an individual to create a legally enforceable trust to provide financially for a companion animal after the person dies or becomes unable to care for their animal(s). Massachusetts is one of 12 states without such a legal provision, which would ease the burden of unintentional animal abandonment for Massachusetts animal shelters and animal control departments. Sponsor: Representative Kafka
Status: Currently being reviewed by the Judiciary Committee
Relating to Wildlife Management Commission
Senate Bill 397
This bill will create a commission to evaluate and recommend methods to wildlife managers and the public to successfully manage and co-exist with beaver, muskrat, coyote and moose. Sponsor: Senator Eldridge
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Relative to Hunting or Trapping on Private Land
House Bill 851
The burden is currently placed on property owners to post a sign if they do not want hunters to come on their property. This bill shifts the burden, so that hunters must get written permission before they engage in these activities on private property. Sponsor: Rep. Martin Walsh
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
Bills We Oppose:
An Act Relative to Greyhound Racing
Senate Bill 2041
Would delay the implementation of Question 3, the November 2008 ballot question that phases out greyhound racing by 2010. Sponsor: Senator Pacheco
An Act Relative to the Control of Coyotes
House Bill 747
This bill expands the use of padded leghold traps for capturing coyote (pursuant to the health or safety exception) by allowing the Director of Fisheries and Wildlife to authorize this use (currently the state and federal departments of health can already do this). Sponsor: Rep. Greene
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Relative to property damage caused by beaver
House Bill 745
This bill would allow a so-called "pilot program" that would allow the use of the body-gripping conibear trap in most counties in the Commonwealth for recreational trapping. Sponsor: Rep. Greene
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Relative to Beavers
House Bill 3883
Would repeal all the restrictions on body-gripping traps. Deletes section 80A of Ch. 131. Sponsor: Rep. Frost
An Act Expanding the Powers of the Director of Wildlife and Fisheries
House Bill 729
This bill would give additional authority to the state's Division of Fisheries and Wildlife and allow them to permit hunting on Sundays. Sponsor: Rep. Frost
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Expanding the Powers of the Director of Wildlife and Fisheries
House Bill 740
This bill would give additional authority to the state's Division of Fisheries and Wildlife and allow them to permit hunting on Sundays. Sponsor: Rep. Gobi
Relating to Hunting on Sundays
House Bill 2231
Would allow hunting on Sundays. Sponsor: Rep. Gobi
Relating to the Moose Population
House Bill 739
This bill would allow a moose hunting season to be established in Massachusetts. Sponsor: Rep. Gobi
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Relative to Deer Hunting
House Bill 723
Instructs the director of the division of fisheries and wildlife to establish rules and regulations allowing for an annual 2 day deer hunt on the Saturday and Sunday immediately following Thanksgiving Day. Sponsor: Representative James H. Fagan
An Act providing for the statewide conservation of inland fisheries and wildlife
Senate Bill 373 & House Bill 737
Would give the state's Division of Fisheries and Wildlife exclusive authority over wildlife matters, prohibiting municipalities from restricting trapping/hunting regulations within their own borders without approval from the Division. Sponsors: Senator Brewer and Rep. Gobi
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Concerning The Trapping Of Fur-Bearing Mammals
House Bill 795
Requires fur trappers follow "best management practices" approved by the Association of Fish & Wildlife. Sponsor: Representative David M. Nangle
Status: Currently being reviewed by the Environment, Natural Resources, and Agriculture Committee
An Act Safeguarding our Natural Resources
House Bill 736
Repeals the current trapping law and instead allows fur trappers to follow "best management practices" approved by the Association of Fish & Wildlife, which include the use of body-gripping traps and snares. Sponsors: Representative Gobi and Representative Peterson
Status: Amended, re-numbered as H.4172, and favorably reported from the Environment, Natural Resources and Agriculture Committee to House Committee on Ways and Means
Proposal to Amend the Constitution Excluding All Matters Relating to Fisheries and Wildlife
House Bill 742
Would amend the Massachusetts Constitution to prohibit the use of the initiative petition to permit, regulate, or prohibit the taking of, transportation of, or to prescribe seasons or methods for the taking of fish or wildlife. Sponsor: Representative Anne M. Gobi
Status: Reported "Ought Not to Pass" from the Environment, Natural Resources and Agriculture Committee
