go to internal links at site.
https://www.akc.org/legislative-alerts/massachusetts-legislature-consider-dog-related-bills-next-week/
Friday, May 10, 2019
On Tuesday, May 14, 2019, the Joint Judiciary Committee will consider six
dog-related bills at its upcoming hearing from 1pm - 5pm. The American Kennel
Club (AKC) supports with amendment one of the proposals, is concerned with two
others, and opposes three more. The AKC encourages all concerned Massachusetts
residents to contact the members of the Joint Judiciary Committee to express
support of S. 1037; concern with H.1445 and H.1435; and opposition to H. 1444,
H. 1561 and S. 958.
JUDICIARY COMMITTEE BILL TO SUPPORT IF AMENDED
Senate Bill 1037 CONVICTED ANIMAL ABUSERS - SUPPORT IF AMENDED
This bill mandates that the court prohibit anyone convicted of animal cruelty
from owning animals, in addition to other penalties allowed by law. The AKC
abhors animal cruelty and supports the humane treatment of animals.
Nevertheless, a court may absolutely deem a person guilty of cruelty incapable
of proper animal care but could receive a plea of no contest. The court would
benefit from wider discretion in such cases. Therefore, AKC recommends the
court be authorized, but not mandated to prohibit animal ownership.
JUDICIARY COMMITTEE BILLS OF CONCERN
House Bill 1445 and House Bill 1435 CRUELTY REGISTRIES - CONCERNED
H. 1445 would establish an animal abuser registry, which would list all those
who reside in Massachusetts and have been convicted of an animal abuse crime.
Abuser 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 for failure to comply.
Similarly, H. 1435 would also prohibit all animal breeders from knowingly
transferring a pet to any person convicted of animal cruelty.
The AKC remains concerned about the creation and accurate maintenance of animal
abuser registries. Animal abuse registry requirements could easily be evaded.
For example, convicted individuals could evade tracking by providing fake or
altered names, or false addresses. Animal sellers performing required checks
could be fined through no fault of their own. No evidence exists showing that
registries deter or reduce the occurrence of animal cruelty offenses. The AKC
believes a better use of the Commonwealth's resources would focus on and
utilize enforcement activities that are proven effective.
JUDICIARY COMMITTEE BILLS TO OPPOSE
House Bill 1561 and Senate Bill 958 NONECONOMIC DAMAGES - OPPOSE
The AKC opposes these two identical bills, which would require courts to award
new, noneconomic damages in addition to existing damages in cases involving the
death or injury of a companion animal. Currently, owners whose pets are
negligently injured or killed can recover the economic value of a pet, the cost
of any veterinarian bills resulting from an alleged injury, and in some
instances, other reasonable and necessary costs arising out of the injury.
Long-standing legal principles limit the availability of noneconomic damages to
only the close family of victims who have died or who have been severely
injured. Non-economic damages are typically not available in cases involving
damage to personal property, including animals. Legal scholars and animal
experts agree that significant negative consequences would flow from allowing
non-economic damages to be awarded in pet injury and death cases. The risk of
increased legal liability will result in increased ownership costs to cover
that liability for all parties in the animal care chain (which will ultimately
be passed on to animal owners), while posing increased risks to public health.
We believe the harmful unintended consequences of H.1561/S.958 for all owners
will far outweigh the benefits for a few individuals if the bill is enacted.
MassFed also OPPOSES H.1561/S.958.
For more information about this issue, read Issue Analysis: It's About the
Dogs! Non-Economic Damages Claims Ultimately Harm General Animal Wellbeing.
House Bill 1444 GUARDIANSHIP - OPPOSE
This bill would define "pets", including dogs, cats, and other domesticated
animals, as "companion animals"; and to change the legal classification of
caregivers to "guardians". Despite existing animal cruelty laws already in
effect in the Commonwealth, H. 1444 also seeks to impose punishments for
guardians and any person who abuses a companion animal, with prison terms up to
2.5 years, fines up to $10,000, and placement on a "do not adopt to" list.
The American Kennel Club supports the use of the term "owner" rather than
"guardian" because the term guardian may reduce the legal status and value of
dogs as property, thereby limiting the rights and responsibility of owners to
protect and appropriately care for their pets. It could lead to frivolous and
expensive litigation. The term guardian does nothing to promote more
responsible treatment of dogs, but education does. AKC has numerous public
programs to ensure that all dogs receive the care, love, and attention they
deserve.
WHAT YOU CAN DO:
Concerned Massachusetts residents are encouraged to contact the Chairs of the
Joint Judiciary Committee to express support of S. 1037 if amended, and
opposition to H. 1435, H. 1444, H. 1445, H. 1561 and S. 958.
Senate Judiciary Chairman James Eldridge
Phone: (617) 722-1120
Fax: (617) 722-1089
James.Eldridge@xxxxxxxxxxxx
House Judiciary Chairwoman Claire Cronin
Phone: (617) 722-2396
Fax: (617) 626-0285
Claire.Cronin@xxxxxxxxxxx
AKC Government Relations (AKC GR) will attend the Judiciary Committee hearing
and provide additional information as developments warrant.
EXPRESS SUPPORT FOR ASSISTANCE DOGS APPROPRIATION
Last month, the House of Representatives adopted Rep. Ferguson's budget
amendment providing no less than $85,000 to the National Education for
Assistance Dogs Services (NEADS) organization for the training of veteran
therapy service dogs. Now the budget bill, H. 3801, is being considered by the
state Senate. The AKC strongly supports this partnership with the Commonwealth
and urges support for line item 1410-0010 in H.3801.
PLEASE CONTACT the Chairman of Senate Ways and Means, Senator Rodrigues and ask
him to include funding for the NEADS veteran therapy service dog training in
item 1410-0010.
Phone: (617) 722-1114
Fax: (617)-722-1498
Michael.Rodrigues@xxxxxxxxxxxx
For more information on these or other legislative issues in Massachusetts,
contact AKC's Government Relations Department at 919-816-3720 or
doglaw@xxxxxxx; or MassFed at info@xxxxxxxxxxxxxxx.
Stormy Hope
LLARTC
NAIATrust, Trustee
NAIATrust-CA on Facebook!
GSDCA Legislative Liaison to AKC
California Responsible Pet
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