Massachusetts H 1816: An Act known as the animal rescue access act of Massachusetts

Bill Text

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HOUSE DOCKET, NO. 1743 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1816

The Commonwealth of Massachusetts
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PRESENTED BY:
Tram T. Nguyen, (BY REQUEST)
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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 adoption of the accompanying bill:
An Act known as the animal rescue access act of Massachusetts.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Rosemarie Hollandsworth 1/17/2019

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HOUSE DOCKET, NO. 1743 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1816
By Ms. Nguyen of Andover (by request), a petition (accompanied by bill, House, No. 1816) of
Rosemarie Hollandsworth relative to the protection of impounded animals. Municipalities and
Regional Government.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act known as the animal rescue access act of Massachusetts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 Part I. Communication and Networking
2 Sec. 1(a) Before the euthanasia of any impounded animal, and no more than 24 hours
3 after that animal has been impounded, an animal control officer or shelter providers, having care
4 or custody of such animal will communicate with all rescue organizations and shelters that have
5 previously requested to be notified. Notification shall be by written or electronic communication
6 and shall include a detailed description and if possible, a photo of the animal, as well as hours of
7 availability to meet, evaluate or take possession of the impounded animal. If desired by the
8 rescue organizations or shelters, animal control officers and shelters shall have on file,
9 emergency and after hours telephone numbers of the rescue or shelter's director, assistants or
10 volunteer staff and a reasonable attempt shall be made to contact these individuals as soon as
11 possible and until communication has occurred. .

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12 (b) No impounded animal except those determined 'irremediably physically
13 suffering' or a 'dangerous dog ' as adjudicated by a court of law, shall be euthanized unless there
14 are no rescue organizations willing to accept the animal and the animal control holding facility or
15 shelter does not have the room to hold such animal. No impounded animal with the exception
16 stated above shall be euthanized for at least 72 hours after a rescue group has notified the shelter
17 either by written, electronic or phone message or conversation that it is accepting custody of the
18 animal, even if the holding period has expired. The animal control officer or shelter director
19 shall certify in writing, dated and signed on the animal's record that there were no other
20 alternatives and this record shall be available for free public inspection for no less than three
21 years.
22 (c) No rescue organization shall be denied an animal adoption or transfer for any
23 reason including but not limited to the following: It brought grievance against an animal control
24 officer or animal shelter either verbally, in written statements, through hearsay or court action.
25 (d) No animal rescue organization having an officer, member, or volunteer who
26 has been convicted of a criminal offense or has a criminal offense involving animal cruelty or
27 neglect pending in a court of law may take possession of an animal unless such charges are
28 dismissed or dropped.
29 (e) Upon taking physical possession of an animal, a rescue organization or animal
30 shelter shall assume all liability for the animal while the animal is in its custody and control
31 provided that the rescue organization or animal shelter shall not be deemed responsible for harm
32 caused to or by the animal that occurred prior to the time the rescue or animal shelter assumed
33 physical possession of the animal.

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34 (f) The provisions of this subdivision shall not apply to animals determined to
35 have rabies or an animal who is experiencing irremediable physical suffering as certified in
36 writing by a veterinarian licensed to practice medicine in this state.
37 (g) Shelters or animal control officers may require that rescue organizations provide
38 information on the disposition of the animals transferred that were in their care on no more than
39 a monthly basis. No additional information may be demanded to keep any rescue organization on
40 the animal shelter or animal control officer's registry.
41 (h) No shelter or animal control officer may deny any owner the right to reclaim their
42 lost pet simply due to the lack of ability to immediately or fully pay fees, fines or the cost of
43 vaccinations. A reasonable payment plan shall be offered to such owner.
44 Part II. Surcharges
45 Sec. II(a) S