MAC

WHAT DO THESE BILLS DO?
H. 561 (filed by Rep. Hill) and H. 1445 (filed by Rep. Khan) are identical bills that would give the Department of Agricultural Resources (DAR) the authority to make regulations regarding all aspects of shelters and rescues (as defined in the bills), "regarding the transfer of ownership of domestic animals, including but not limited to their importation, transportation, housing and medical treatment". H. 561 has advanced further and has been ordered to a 3rd reading in the House. H. 1445 is in House Ways and Means.

As with any authorizing statute like this, the administrative agency (in this case the DAR) would have the ability to promulgate regulations on specifically how they will regulate the impacted group (in this case, shelters and rescues, as defined).  The issue of shelter regulation is not new; the emergency order put in place by DAR in 2005 has been the subject of many discussions within MAC and certainly within the overall sheltering/rescue community.  This bill is more broad and has the potential to impact most aspects of sheltering. (If you aren't familiar with the emergency order, information on it can be found via at the last link on this page:  http://www.massanimalcoalition.com/resources/mac-legislation.html)

Note that these bills only apply to tax exempt 501(c)(3) organizations, so individuals or groups who do rescue but are not registered non-profits are not covered.

This is the full text of the bill(s):
Section 39E: Animal Shelters and Rescue (rehoming) Organizations
SECTION 1.  Definitions:
"Shelter" - Any 501 (c)3 organization or other IRS not for profit status organization that finds homes for unowned animals.
"Rescue Organization" - A 501 (c)3 organization or other IRS not for profit status organization other than a shelter as defined in this act  that arranges for transfer of unowned dogs and cats to temporary or
permanent homes in the Commonwealth of Massachusetts.
"Department" - Department of Agricultural Resource
SECTION 2: The Department may promulgate rules and regulations for the operation of shelter and rescue organizations operating or conducting business in the Commonwealth of Massachusetts


WHO FILED THEM AND WHY?
As far as we can tell, these bills were filed by the above legislators and supported primarily by the Massachusetts Federation of Dog Clubs and Responsible Owners (MassFed) and/or some of their members. Their website can be found at www.massfeddogs.org.

WHAT IS THE STATUS OF THE BILL(S)?
H. 561 has been ordered to a 3rd reading in the House. H. 1445 is in House Ways and Means.  H. 561 has advanced further than H. 1445. You can track these bills and find out other information about the legislative process at www.malegislature.gov.

WHAT DOES MAC THINK ABOUT IT?
MAC is a broad coalition and has a variety of members with a variety of interests.  There is no shortage of opinions about the issue of regulating shelters and rescues, and people involved with MAC probably fall in different places on the spectrum of being "pro" or "con" regulation - as well as holding varying opinions on the how, how much and by whom.

What is clear is that these bills have a potential to impact the shelter and rescue community significantly and that is why we want to make sure you know about it.   As a potentially impacted party, letting your state legislators know how you feel is important.  Each of you likely has different circumstances and experiences, different concerns (or not) on how this could impact your work, etc.  With any authorizing statute like this, no one can predict the impact and how regulations will be formed (and how they will change over time).  We can't predict how this might specifically impact your work.

Most would probably argue that some regulation of shelters and rescues is a good thing (In fact, when MAC did a survey a few years ago, most MAC members did support some regulation). However, it seems most entities are concerned about the broad scope of the bill, as well as the focus on shelters and not other entities that provide animals to the public or who are in the business of working with animals.

WHAT SHOULD I DO ABOUT IT?
Contact your own state legislators, particularly your representative since the bills are pending in the House (you can find out who they are at www.wheredoivotema.com; look for rep and senator in General Court).  

WHAT SHOULD I SAY?
Make sure that your legislators know the bill numbers and title (H. 561 and H. 1445, An Act Relative to the Regulation of Animal Shelters).  H. 561 is further along in the process, so probably best to focus on that bill number.  Let them know your opinion.  If you have suggestions to change or amend it, that is also helpful information.  For example, if you are opposed to it, just being opposed to it or saying "shelters shouldn't be regulated" will likely not resonate as much as explaining your concerns, explaining what you do, how you help the community, your worries that this bill could change that, and offering alternative ideas.  Speaking professionally and explaining how you carry out your work safely and responsibly is important.

Ultimately, what you say depends on you, of course.  As we mentioned above, MAC is a diverse group with varying opinions and focuses, but we do know this bill could impact many members and many of you have discussed this bill within MAC forums before.

If you have questions, please email info@massanimalcoalition.org.  We are also always looking for more members of the MAC Advocacy Committee.


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The mission of MAC is to take a leadership role in strategic collaboration within the Massachusetts animal welfare community and to maximize and measure the success of humane initiatives statewide.
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