Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Chapter 272 of the General Laws is hereby amended by inserting after section 80H the following sections:-
Section 80 I. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Assistance and service dog”, any canine specifically trained to help people who have disabilities or any canine trained to help a person with a disability in life. This term shall also include canines trained for search and rescue and medical response dogs.
“Canine foster care”, any organization based in the commonwealth that places canines in a temporary home while awaiting pet adoption.
“Pet adoption”, the process of taking permanent ownership of and responsibility for a pet that a previous owner has abandoned or otherwise abdicated its responsibility.
“Earth dog”, any canine breed used as hunting dogs to track game above and below ground.
“Farm dog”, any canine that works on a farm to assist humans or other animals.
“Renting and leasing”, the intentional practice and advertising of renting a dog for a fee or a cost which will knowingly result in a temporary ownership of the animal by another party.
“Therapy dog”, any canine that is used under the ownership and care of its handler that visits people for educational, medical or mental purposes.
(b) No person shall engage in the business of leasing or renting dogs. Any dogs held for such leasing or renting may be seized or impounded by an organization or authorized agent thereof that is empowered to seize or impound under the General Laws. A violation of this section shall be punished by a fine not less than $100 dollars for the first violation, not less then $500 dollars for the second violation and $1000 dollars for subsequent violations. Fines may be levied on both the business that is leasing dogs and the person that has entered into a rental agreement. This section is not intended to prohibit service animal businesses or organizations, pet adoption and foster care services, and working animals for the following purposes including, but not limited to: service animal businesses or organizations, pet adoption and foster care services, farming and agriculture, working dog activities, dogs working in entertainment and shows which are already acceptable under the General Laws; dogs participating in performance sports or activities, including but not limited to sporting, hunting, earth dog, and racing dog activities; and people engaged in breeding, training, showing dogs, and dogs used for medical or scientific purposes so long it is lawful. This section shall not prohibit a pet store or kennel or pet adoption service or other entity allowed to sell pets under the General Laws for a fee or a cost from taking back a pet they may have sold if the owner cannot keep or handle the pet they acquired.