somerville dog: a weblog

The House of Representatives of the Commonwealth of Massachusetts is considering the House Bill (HB 4600) making appropriations for the fiscal year 2005 and has adopted an amendment (1053) to section 45 of the bill that would amend the Massachusetts General Law Chapter 129 section 39A Pet shops; licensing operation; animal health inspections.

From the Massachusetts House Budget Journal for Tuesday, April 27 (the uncorrected proof of the official House record of debate):

The House Bill making appropriations for the fiscal year 2005 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 4600, amended) was considered.

Pending the question on passing the bill, as amended, to be engrossed . . .
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Mr. Kujawski of Webster then moved that the bill be amended by inserting after section 45 and other members of the House [sic] the following section:

SECTION 45A. "Massachusetts General Law Chapter 129 section 39A is hereby amended by striking the word "selling" in the second paragraph and adding the following paragraphs at the end:

Any breeder or breeder's organization who breeds more than one litter per year of any breed of dog or cat and places any of those animals for sale, must register with the department of agriculture resources and report the sale of any such animals to the department. Included in this reporting shall be the name and address of the party or parties to whom such sale was made and the date of such sale.

Failure to register and report in compliance with this section and any promulgated regulations shall subject the offending party to a fine of five hundred ($500.00) dollars for each failure to report a birth of an animal and five hundred ($500.00) dollars for each sale of an animal.

The department shall promulgate rules and regulations at the earliest possible convenience to insure compliance with this section by such breeders...

Pending the question on adoption of the amendment, the same member moved that it be amended, in line 2, by striking out the word "one" and inserting in place thereof the word "three".

The further amendment was adopted, and the pending amendment, as amended, then also was adopted.

As far as I understand, the House Bill making appropriations for the fiscal year 2005 (HB 4600), has yet to be "engrossed," "typed on special parchment by the Legislative Engrossing Division and certified by the clerk." It would then have to be approved and enacted by both the House and the Senate, prior to being sent "to the governor, who may sign the bill into law, allow it to become law without signing it (if the governor holds the bill for ten days without taking any action while the legislature is in session, it becomes law without his or her signature), veto it, or return it to the legislature with recommended changes." (See Law Making in Massachusetts).

Joan Miller, of The Cat Fanciers' Association, has argued, in an e-mail discussing the pending legislation, that

requiring breeders to report . . . the names and addresses of . . . buyers [of individual anamals] to a state agency is an invasion of privacy. Some breeders sell to families out of state or to other breeders throughout the USA, Japan, Europe and elsewhere.

According to Massachusetts General Law Chapter 140: Section 137 Registration and licenses, a person who owns a dog is required to license her or his dog. Miller is justifiably concerned about the privacy of those who are not residents of Massachusetts who buy pets from Massachusetts breeders. Massachusetts residents who wish to adopt a dog that is well adapted to live with humans in our communities, however, would do well to adopt their next dog from a local breeder who produces no more than three litters per year.

Under the proposed legislation "any breeder or breeder's organization who breeds more than three litters per year of any breed of dog or cat and places any of those animals for sale, must register with the department of agriculture resources [MDAR] and report the sale of any such animals to the department." The American Kennel Club, which opposes any restrictions on the rights of breeders and owners who take their responsibilities seriously, opposes the breeder regulation provisions of the budget bill and argues that the MDAR does not have the resources to register every breeder or breeder's organization who breeds more than three litters per year. It seems to me, however, that the demands that the proposed legislation puts on the MDAR are mitigated by the fact that the proposed legislation would encourage breeders to limit their annual number of litters produced to three or fewer in order to avoid having to register with MDAR.

Please contact your senator and tell her or him that the breeder regulation section of the budget bill (Section 45A of the House Committee on Ways and Means Fiscal Year 2005 Budget Recommendations) is good legislation for the Commonwealth because it provides strong disincentives for breeding practices that not only contribute to the problem of dog overpopulation but also produce dogs that are not adapted to live with humans in our communities. (For somerville dog's opinion on breeding practices that produce dogs that are well adapted to live with humans in our communities, see "MA legislation and your next dog.")

Somerville Senators (from the listing of state legislators by city/town on the Commonwealth of Massachusetts website):

Senator Jarrett T. Barrios: ward one (precinct one) and ward two (precinct one)
Senator Charles E. Shannon: ward one (precincts two and three), ward two (precincts two and three), ward three (all precincts), ward four (all precincts), ward five (all precincts), ward six (all precincts) and ward seven (all precincts)

Senator Shannon is a member of the Senate Ways and Means Committee, his constituents' phone calls, letters and e-mails are especially important.

UPDATE 4 May 2004: Changed paragraph beginning "Joan Miller, of The Cat Fanciers' Association..." to include discussion of privacy concerns.