May 13, 2021
https://www.akc.org/legislative-alerts/ma-action-alert-contact-joint-judiciary-committee-dog-related-bills-hearing-wednesday-may-19/
At its Wednesday, May 19, 2021, hearing, the Massachusetts General Court’s
Joint Judiciary Committee will consider multiple dog-related bills. The
American Kennel Club (AKC) supports five proposals and opposes four. AKC
encourages all concerned Massachusetts residents to contact the members of the
Joint Judiciary Committee to express support of H. 1656, H. 1824, S. 1111, H.
1563, and H. 1565; and to express opposition to H. 1669, H. 1670, S. 1099, and
S. 1131.
The full agenda with links to bill text can be viewed here.
BILLS TO SUPPORT
HB 1656/HB 1824/SB 1111 - PENALTIES FOR CONVICTED ANIMAL ABUSERS - SUPPORT
These three identical bills mandate that the court prohibit any person
convicted of animal cruelty from owning animals for a minimum of five years, in
addition to other penalties allowed by law. However, for first-time offenders,
the court would have wide discretion to waive this possession ban under certain
circumstances. AKC abhors animal cruelty and supports the humane treatment of
animals. Wider court discretion, as provided in these bills, may be appropriate
in helping address cases that are the result of mental illness.
HB 1563/ HB 1565 - ADDRESSING MISREPRESENTATION OF SERVICE ANIMALS - SUPPORT
HB 1563 would establish a commission to study the use of service animals in the
state, including the fraudulent misrepresentation of animals as service
animals. Additionally, HB 1565 would penalize anyone who intentionally
misrepresents their animal as a service animal and provide guidance to law
officers on how to enforce the law. AKC strongly supports the rights of
persons who require a dog to perform essential services to access as provided
by the Americans with Disabilities Act (ADA). We strongly condemn
characterizing dogs as service animals when they are not, or attempting to
benefit from a dog’s service dog status when the individual using the dog is
not a person with a disability.
BILLS TO OPPOSE
HB 1669 - CREATION OF A CRUELTY REGISTRY - OPPOSE
HB 1669 seeks to establish an animal abuser registry, which would publicly list
Massachusetts residents who have been convicted of an animal abuse crime.
Registration would remain in effect for five years, and those convicted of
animal abuse would be required to pay $50 annually to be included. Those
failing to fully comply with the registration requirements would be subject to
prison terms up to five years and fines up to $5,000. All animal breeders in
Massachusetts would be required to check the registry prior to transferring a
pet and would be prohibited from transferring an animal to any person listed on
the registry. Breeders failing to comply would be subject to fines of not less
than $1,000 and imprisonment of up to five years.
AKC remains concerned about the creation and accurate maintenance of animal
abuser registries. First, animal abuse registry requirements could easily be
evaded. For example, convicted individuals could evade tracking by providing
fake/altered names or false addresses; and animal sellers performing required
checks under such circumstances could be fined through no fault of their own.
Moreover, no evidence exists showing that registries deter or reduce the
occurrence of animal cruelty offenses. AKC believes a better use of the
Commonwealth’s resources would focus on and utilize enforcement activities that
are actually proven effective at addressing animal cruelty.
HB 1670 - CHANGE LEGAL STATUS OF PETS - OPPOSE
HB 1670 would explicitly change the legal classification of pets from personal
property to “companions”. This change would dramatically alter the current
legal framework that actually protects pets and the public. Since its
founding, America’s legal framework has regarded animals as property, which has
resulted in a reliable system that protects animals and their owners. For
instance, it allows the legislature to impose strict liability on an owner when
a dangerous dog causes injury to another; to hold owners responsible for
providing appropriate care, shelter, and nourishment for their animals; and to
penalize individuals for theft of a dog. AKC is opposed to attempts by animal
rights activists to change the legal status of pets. More details on the legal
status of animals can be reviewed here.
SB 1099 - ONE-SIZE-FITS-ALL TETHERING AND CONFINEMENT LAW - OPPOSE
SB 1099 would significantly amend current Massachusetts law that restricts how
and when a person is permitted to tether or confine a dog. AKC agrees that no
dog ought to be tethered with a pinch or choke collar (Sections 2 and 5).
However, AKC is opposed to Sections 1, 4, and 6, because (1) a pen or secure
enclosure would be required to provide at least 100 square feet per dog
regardless of its size and (2) the proposed definition of “outside and
unattended” would prohibit outdoor kennel use for longer than 5 hours or from
10PM to 6AM. To view how SB 1099 would amend current law, click here.
Dog owners bear a special responsibility to their canine companions to provide
proper care and humane treatment at all times. AKC believes that dogs should
never be tethered in a manner that could cause harm to them or be left in
conditions where their health and safety are in danger. We oppose SB 1099
because a one-size-fits-all approach to dogs unacceptably fails to acknowledge
different needs for different canine breeds. Dogs are equipped by nature to
adapt to a wide variety of temperatures and conditions. Many working dogs,
including search and rescue dogs, police K9s, guard dogs, military dogs,
hunting dogs, and tracking dogs, are safely housed in outdoor kennels. Proper
exposure to weather elements for these dogs is necessary to ensure their health
in performing the functions for which they have been bred. Inserting arbitrary
restrictions into statute could result in penalties absent any harm, or even
discomfort, to the dog.
SB 1131 - ALLOWING NON-ECONOMIC DAMAGES - OPPOSE
SB 1131 would require a person responsible for the death of another’s cat or
dog to pay the fair monetary value of the animal to the owner; reasonable
afterlife expenses of the deceased animal; court costs and attorney's fees; and
“non-economic” damages for the loss of comfort, protection, companionship, and
service of the deceased animal to its owner. The bill would cap non-economic
damages at $30,000.
Our society and AKC hold dogs in very high esteem. Allowing non-economic
damages may sound like a good idea and a simple reflection of the value people
place on their pets. However, non-economic damages are traditionally only
allowed in cases involving the close family of people who have died or who have
been severely injured, not in cases involving injury to an animal. Moreover,
allowing non-economic damages in cases involving injury to pets will likely
have many unintended consequences, and in the long run may actually harm pets.
For these reasons, AKC believes it is crucial that animals continue to enjoy
the protections afforded by their traditional legal treatment. For more
details on the negative consequences of this type of proposal, review AKC’s
Issue Analysis: It’s All About the Dogs! Non-Economic Damages Claims Ultimately
Harm General Animal Wellbeing.
WHAT YOU CAN DO:
Concerned Massachusetts residents are encouraged to contact the Joint Judiciary
Committee to express support of H. 1656, H. 1824, S. 1111, H. 1563, and H.
1565; and opposition to H. 1669, H. 1670, S. 1099, and S. 1131. Submit your
comments, addressed to Chairmen Eldridge and Day and members of the Joint
Judiciary Committee, by email to Jacqueline.O.Manning@xxxxxxxxxxx.
Massachusetts residents are also encouraged to participate in the committee
hearing, which is scheduled to take place from 10AM-2PM on Wednesday, May 19.
Anyone wishing to speak at the hearing may sign up to testify before 5pm on
Tuesday, May 18, by completing this form. The committee will provide further
instructions directly to those wishing to participate.
AKC will attend the Joint Judiciary Committee hearing and provide additional
information as necessary. For more information, contact AKC’s Government
Relations Department at 919-816-3720 or doglaw@xxxxxxx; or the MassFed at
info@xxxxxxxxxxxxxxx.
Take Action!
Stormy Hope
LLARTC
NAIATrust, Trustee
NAIATrust-CA on Facebook!
GSDCA Legislative Liaison to AKC
California Responsible Pet
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