BOSTON — The House passed animal welfare legislation Wednesday that envisions a new protocol to seize animals in neglect cases and also removes barriers to public housing for pet owners, without imposing new restrictions on pet shops.
The House Ways and Means Committee decided to leave out a core provision in the Senate bill, which passed unanimously in March and banned the sale of dogs, cats and rabbits in pet shops. A Rep. Natalie Higgins amendment that sought to tack the pet shop provision into the House bill was withdrawn. It will be one of the more significant differences negotiators will have to resolve before a final version could go to the governor.
The House passed the bill on a 151-vote, with Republican Rep. John Gaskey of Carver casting the sole “no” vote.
Alisa Clements, director of government affairs at the Washington, D.C.-based Pet Advocacy Network, on Wednesday thanked the House Ways and Means Committee for “protecting licensed and inspected local family-owned pet stores, which are the most transparent, regulated source for getting pets.”
“Massachusetts families deserve safe, regulated choices on where to get their next pet,” Clements said. “A pet shop ban would only drive families to scammers and less regulated sources.”
Animal welfare advocates on Beacon Hill distributed materials Wednesday in support of pet shop restrictions, saying stores in Massachusetts have sourced from “commercial breeders with over 120 documented federal violations, brokers involved in puppy laundering schemes, and breeders found with puppies crammed into feces-covered cages without water.”
Ally Blanck, director of advocacy at the Animal Rescue League of Boston, said she’s optimistic conversations around pet shop restrictions will continue with the diverging House and Senate bills now likely headed for a conference committee.
“We’re looking forward to getting this bill to the governor’s desk, hopefully by the end of session, and hopefully the new rules for conference committees will make that a little bit more possible,” Blanck told the News Service following the House vote.
The House bill establishes a new civil process in animal neglect cases, in which law enforcement and animal control officers could petition a district court for a pet to be seized. The court could also order humane euthanasia or require capable owners to provide certain care to their neglected animals.
Existing state law only deals with felony offenses for animal cruelty, with no misdemeanor charge available, said Rep. Ted Philips. But the Sharon Democrat said animal neglect does not always stem from a “deliberate intent to harm an animal.”
“It may involve an older adult whose physical health has declined, a person experiencing a mental health or substance use crisis, or an overwhelmed caregiver who has accumulated more animals than they can reasonably care for,” Philips said. “In many of these cases, the person may no longer be able to care adequately for themselves, let alone the animals who depend upon them.”
Rep. Mary Keefe said that Tuesday marked 11 years since Guy Duffy died by suicide while incarcerated at the Essex County Jail on a 30-day sentence for animal cruelty. Duffy and his wife struggled financially to care for their 13-year-old cat, Keefe said.
“They finally took the cat to the MSPCA, and the cat was put down. The next day, there was a summons on his door to report to court,” Keefe said. The Worcester Democrat added, “So the consequences can be very, very serious.”
The legislation also creates a licensure pathway for veterinary technicians, imposes escalating fines on rideshare drivers who fail to accommodate passengers with service animals, regulates pet insurance, bans household product testing on animals when an alternative method exists, and bolsters oversight and reporting on dog kennels. Blanck said she’s “really excited” about the veterinary technician provision, noting Massachusetts is grappling with a “huge access to care issue.”
The House adopted a Rep. Frank Moran amendment that requires apps from rideshare companies to include a feature to inform drivers that passengers will be accompanied by a service animal. Failure to include that feature would result in increasing fines starting at $500.
The Executive Office of Housing and Livable Communities would be tasked with maintaining a pet ownership program for older adults who reside in public housing under the legislation. Public housing properties would also be barred from banning pets or discriminating based on an animal’s breed, size or weight.
The House and Senate must appoint conferees by July 31 under new legislative rules this session to start reconciling the pet shop language and other differences.