An Act To Amend the Animal Welfare Laws
Maine Legislature, Session 121, LD 1545
Committee: Agriculture, Conservation and Forestry
Sponsors: BRYANT, PINEAU, KNEELAND, PIOTTI
Amends: Title 7, Section 2143, 7 MRSA §3906-B, 7 MRSA §3906-C, 7 MRSA §3906, 7 MRSA §3909, 7 MRSA §3922, 7 MRSA §3923-A, 7 MRSA §3923-C, 7 MRSA §3923-G, 7 MRSA §3931-A, 7 MRSA §3932, 7 MRSA §3932-A, 7 MRSA §3933, 7 MRSA §3942, 7 MRSA §3991, 17 MRSA §1031

Legislntive Document 
No. 1545 
S.P.520 
In Senate, April 10, 2003 
An Act To Amend the Animal Welfare Laws 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative PINEAU of Jay and 
Senator: KNEELAND of Aroostook, Representative: PIOTTI of Unity. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3906-B, sub-§9, as amended by PL 1995, c. 502, 
Pt. C, §11, is further amended to read: 
9. 
Employees. 
The 
commissioner shall employ personnel, 
subject to the Civil Service Law, 
as necessary to assist in 
enforcing 
this 
Part 
and 
in 
carrying 
out 
the 
duties 
and 
responsibilities 
of 
the 
department. 
The 
commissioner, 
in 
consultation with the Animal Welfare Advisory Committee, shall 
employ, subject to the Civil Service Law, 
eae--f-ul..;L~-J-me--1HiHlaae 
a~eat necessary employees to assist the commissioner in carrying 
out 
the 
commissioner's 
duties 
and 
responsibilities. 
The 
commissioner must 
conduct 
a 
background check of 
a 
potential 
employee including any violations of or convictions under this 
Title and Titles 12, 17-A, 22 and 29-A. 
The commissioner may not 
hire as a state humane agent a person who has been convicted of a 
criminal violation under Title 
17, 
chapter 
or 
has 
been 
adjudicated of a civil violation for cruelty to animals under 
chapter 739. 
Sec. 2. 7 MRSA §3906-C, sub~§I, as repealed and replaced by PL 
2001, c. 399, §3, is amended to read: 
1. 
Membership. 
The 
council consists of 
members 
appointed by the Governor as follows: 
A. 
One member representing municipal interests; 
B. 
One animal control officer; 
C. 
One member representing licensed animal shelters; 
D. 
One member representing licensed boarding or breeding 
kennels; 
E. 
One member representing licensed pet shops; 
G. 
One member who is or has been a veterinarian licensed to 
practice in the State; 
H. 
One member who represents the interests of the public in 
animal welfare, generally; 
• 
• 
• 
I. 
One attorney with experience in animal welfare law; 
J. 
One cooperative extension agent or specialist; 
K. 
One member with expertise in equine care; aaa 
Page l-LRl899(1) 
• 
• 
• 
• 
L. 
One member with expertise in livestock representing a 
statewide farming organizationT~ 
M. 
One member representing a State-based animal advocacy 
group. 
In 
making 
the 
appointment 
of 
the 
veterinarian 
member, 
the 
Governor shall consider nominations made by the Maine Veterinary 
Medical Association. 
Sec.3. 7 MRSA §3906·D is enacted to read: 
§3906-D. 
Animal control officers 
1. 
Applicant criteria. 
In order to be certH ied as an 
animal control officer pursuant to section 3906-B, subsection 4, 
an applicant must: 
A. 
Pass a literacy test; 
B. 
Complete 
a 
minimum 
of 
hours 
of basic 
classroom 
training; 
C. 
Complete a 
minimum of 8 hours of practical hands-on 
training, including small animal handling and large animal 
handling; and 
D. 
Pass an examination on state animal welfare laws and 
rules. 
2. 
Continuing education. 
In order to renew certification 
as 
an 
animal 
control 
officer 
pursuant 
to 
section 
3906-B, 
subsection 4, an animal control officer must complete 8 hours per 
year of a combination of advanced classroom and advanced hands-on 
workshop training provided by the department that may include 
topics such as: 
A. 
Animal cruelty with respect to hoarders of animals; 
B. 
Animal cruelty with respect to domestic violence; 
C. 
Case reviews and report writing; and 
D. 
First aid to animals. 
3. 
Municipality responsibilities. 
In hiring and employing 
an animal control officer, a municipality must: 
A. 
Conduct a background check for any violations of or 
convictions under this Title and Titles 12, 17-A, 22 or 29 A; 
B. 
Provide a photographic identification card to an animal 
control officer certified under section 3906-B, subsection 
4: and 
C. 
Provide equipment as required in rules adopted pursuant 
to section 3906-B, subsection 10 subject to the availability 
of 
funds 
deposited 
into 
the 
municipality's 
account 
established in accordance with section 3945. 
Sec. 4. 7 MRSA §3909, sub-§3, as enacted by PL 1999, c. 254, 
§2, is repealed. 
Sec. 5. 7 MRSA §3909, sub-§3-A is enacted to read: 
A. 
Humane 
agents. 
Humane 
agents 
are 
regulated 
as 
provided in this subsection. 
A. 
An applicant to become a humane agent must meet the 
criteria for an animal control officer listed in section 
3906-D, subsection 1 and pass a 100-hour service training 
program 
at 
the 
Maine 
Criminal 
Justice 
Academy 
or 
successfully 
complete 
a 
nationally 
recognized 
program 
dealing with animal welfare. 
B. 
The commissioner shall assign a humane agent to an area 
of specialization, including: 
(1) 
Blood sports: 
(2) 
Exotic animals; 
(3) 
Large animals; 
(4) 
Mental health and domestic violence; 
(5) 
Small animals; or 
(6 ) 
Training. 
C. 
A humane agent shall complete 40 hours per year of a 
combination of classroom and hands-on workshop training. 
Sec. 6. 7 MRSA §3922, sub-§ 1,~, as amended by PL 2001, c. 
422, §6, is further amended to read: 
B. 
From the dog recorder in the unorganized territory where 
the dog is kept or, in the absence of a duly authorized dog 
recorder, from a dog recorder in the nearest municipality or 
unorganized territory in the same county where the dog is 
kept; er:: 
• 
• 
• 
• 
• 
• 
Sec. 7. 7 MRSA §3922, sub-§l, ,C, as enacted by PL 2001, c. 
422, §7, is amended to read: 
c. 
From a veterinary licensing agent in accordance with 
section 3923-FT~ 
Sec. 8. 7 MRSA §3922, sub-§l,,o is enacted to read: 
D. 
From the Internet on-line dog licensing project, if 
applicable, in accordance with section 3923-G • 
Sec. 9. 7 MRSA §3923-A, sub-§§l and 2, as amended by PL 2001, 
c. 422, §8, are further amended to read: 
1. 
Dogs capable of producing young. 
A dog 6 months of age 
or 
older 
is 
considered 
capable 
of 
producing 
young 
unless 
certification under 
subsection 
is provided. 
The 
owner 
or 
keeper of a dog capable of producing young shall pay a fee of 
$+Ts9 $20.00 to the municipal clerk or to a veterinary licensing 
agent for each dog 
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The municipal clerk or veterinary licensing agent recording the 
transaction shall retain ~ $1 as-a recording fee. 
A veterinary 
licensing agent shall transfer the balance of the fee to the 
municipal clerk. 
The municipality shall deposit $3 into the 
municipality's animal welfare account established in accordance 
with section 3945 and pay the 
remal.nl.ng $9TS9 $16.00 to the 
department for deposit in the Animal Welfare Fund. 
2. 
Dogs incapable of producing young. 
A dog owner shall 
pay a fee of $4 ~ 
to the municipal clerk or to a veterinary 
licensing agent for 
each dog 
months of 
age or older and 
incapable of producing young. 
A dog is considered incapable of 
producing young when the owner provides the following: 
A. 
A written certificate issued by a veterinarian stating 
that the veterinarian has neutered the dog; 
B. 
A written certificate issued by a veterinarian stating 
that the veterinarian has examined the dog and determined 
that the dog is incapable of producing young; or 
c. 
A previous license stating that the dog is incapable of 
producing young. 
The municipal clerk or veterinary licensing agent recording the 
transaction shall retain ~ $1 as-a recording feeT. 
A veterinary 
licensing agent shall transfer the balance of the fee to the 
municipal clerk. 
The municipality shall deposit $b--iR $3 into 
the 
municipality's 
animal 
welfare 
account 
established 
in 
accordance with section 3945 and pay the remaining $± £Q. to the 
department for deposit in the Animal Welfare Fund. 
Sec. 10. 7 MRSA §3923-C, sub-§2-A, as amended by PL 1997, c. 
690, §18, is further amended to read: 
2-A. 
License fees. 
A kennel owner shall pay a fee of $d± 
~ to the municipal clerk for each license to keep dogs. 
A 
license is needed only for dogs 6 months of age or older. 
A 
kennel owner may not keep more than 10 dogs per license. 
The 
clerk shall retain $± ~ as a recording fee and forward $9 ilQ to 
the municipality's animal welfare account established pursuant to 
section 3945 and $±9 ~ 
to the Animal Welfare Fund. 
Sec. 11. 7 MRSA §3923-G is enacted to read: 
§3923-G. 
Internet on-line dog licensing pilot project 
The commissioner may develop and implement an Internet-based 
pilot project to license dogs 
on-line. 
The 
project may 
be 
provided as a service to municipalities that volunteer and wish 
to participate in the project to allow their citizens to register 
dogs 
on-line. 
The 
commissioner 
may 
limit 
the 
number 
of 
municipalities 
that participate 
in 
the 
pilot project. 
The 
commissioner, working with municipalities, shall establish a way 
to evaluate the accuracy of the proof of rabies immunization from 
the information provided on-line. 
The commissioner may eliminate 
the sticker reguirement as established in section 3923-B for 
on-line 
dog 
licensing. 
The 
commissioner 
shall 
provide 
information 
regarding 
the 
licensed 
dogs 
to 
participating 
municipalities at least once per month. 
The commissioner working 
with municipalities shall evaluate the project at the end of the 
first and 2nd years and report the findings to the joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
agricultural matters. 
The report must include an analysis of 
public acceptance of the project, the need for stickers, the 
accuracy of proof of rabies immunization and other information 
considered necessary by the commissioner to determine if the 
project should be continued. 
This section is repealed July 1, 
2005. 
Sec. 12. 7 MRSA §3931-A, sub
R §2, as enacted by PL 1991, c. 
779, §29, is amended to read: 
2. 
License fees. 
The fee for a breeding kennel license is 
$59 li.5.. 
Sec. 13. 7 MRSA §3932, sub-§2, as amended by PL 1991, c. 779, 
§30, is further amended to read: 
• 
• 
2. 
License fees. 
The fee for a boarding kennel license is 
$§Q £2.2. 
Sec. 14. 7 MRSA §3932-A, sub-§2, as enacted by PL 1993, c. 
657, §33, is amended to read: 
2. 
License fee. 
The license fee for an animal shelter is 
$6Q llQQ. 
Sec. 15. 7 MRSA §3933, sub-§2, as amended by PL 1991, c. 77 9, 
§31, is further amended to read: 
2. 
License fees. 
The fee for a pet shop license is $lQQ 
$150. 
Sec. 16. 7 MRSA §3942, as amended by PL 2001, c. 617, §7, is 
further amended to read: 
§3942. Issuance of dog licenses 
Municipal clerks shall issue dog licenses in accordance with 
chapter 721, receive the license fees and pay to the department 
$ST§Q i1Q for dogs capable of producing young and $l tQ from each 
license fee received for dogs incapable of producing young. 
The 
clerks shall keep a record of all licenses issued by them, with 
the names of the owners or keepers of dogs licensed and the sex, 
registered 
numbers 
and description of all 
dogs 
except 
those 
covered by a 
kennel license. 
The clerks shall make a monthly 
report to the department on a department-approved form of all dog 
licenses issued and fees received. 
The eleF*6 clerk shall retain $1 from each license fee as a 
recording fee. 
The clerk shall deposit $6 ~ from each license 
for 
a 
dog incapable of producing young in the municipality's 
animal welfare account established in accordance with section 
3945. 
Sec. 17. 7 MRSA §3991, sub-§l, as enacted by PL 1987, c. 383, 
§3 and amended by PL 1993, c. 468, §25, is further amended to 
read: 
1. 
License necessary. No research or teaching institution 
of 
higher 
education 
may 
employ 
live 
animals 
in 
scientific 
investigation, experiment or instruction or for the testing of 
drugs or medicines without first having been issued a 
license 
under this section by the commissioner. 
A research or teaching 
institution desiring to obtain a license shall make application 
to 
the 
commissioner. 
On 
receipt 
of 
the 
application, 
the 
commissioner shall make or cause to be made such investigation as 
it: the commissioner considers necessary to determine whether the 
public interest will be served by the issuance of the license. 
The commissioner may issue the license provided that the research 
or teaching institution, by reason of its standards, facilities, 
practices or activities, is 
a 
fit and proper institution to 
receive the license and that its issuance is in the public 
interest. 
The 
standards 
for 
licensure 
ssall--ae 
~ those 
contained in the United States Code, Title 7, Section 2143, and 
any federal regulations issued pursuant to that law. Nothing in 
this chapter may be construed to be more restrictive than federal 
law. In the case of conflict between state law and federal law or 
a mandatory rule, regulation or order of the Federal Government 
or its agencies, the federal law, rule, regulation or order 6sa11 
Ej9Y'eJ?B governs. 
Each research or teaching institution licensed 
under this chapter, before issuance of the license, shall pay to 
the commissioner a license fee of $99 $200. Each license 6sa11 
eH~iJ?e expires on June 30th next following the date of issue. The 
commissioner 
shall 
annually 
renew 
each 
license 
upon 
the 
application of the licensee, unless, after notice and hearing as 
provided in this chapter, 
it: the commissioner finds that, 
by 
reason of the standards, facilities, practices or activities of 
the licensee, the renewal is not in the public interest. The 
commissioner, 
after 
notice 
and 
hearing 
as 
provided 
in this 
chapter, may modify, fail to renew, suspend or revoke any license 
if ie the commissioner finds that, by reason of the standards, 
facilities, 
practices 
or 
activities 
of 
the 
licensee, 
the 
continuation of the license is not in the public interest. 
Sec. 18. 17 MRSA §1031, sub-§l-B, as enacted by PL 2001, c. 
425, §8, is amended to read: 
I-B. 
Aggravated cruelty to animals. 
A person is guilty of 
aggravated cruelty to 
animals 
if that person, 
in 
a 
manner 
manifesting a depraved indifference to animal life or suffering, 
intentionally, knowingly or recklessly: 
A. 
Causes extreme physical pain to an animal; 
B. 
Ki11s Causes the death of an animal; or 
C. 
Physically tortures an animal. 
SUMMARY 
This 
bill 
increases 
fees 
for 
dog 
licensing 
and 
other 
licenses administrated by the Department of Agriculture, Food and 
Rural Resources. 
Dog licenses will be increased from $7.50 to 
$20 for dogs capable of producing young and from $4 to $10 for 
dogs incapable of producing young. 
The bill also requires that 
• 
animal 
control 
officers 
appointed 
by 
municipalities 
pass 
a 
literacy test and complete a minimum of 8 hours basic training 
and 8 hours practical hands-on training to be certified by the 
Commissioner 
of 
Agriculture, 
Food 
and 
Rural 
Resources. 
In 
addition, the bill requires that humane agents employed by the 
department must complete the 100-hour in-service program at the 
Maine Criminal Justice Academy or a nationally recognized program 
dealing with animal welfare. 
This bill also allows the Commissioner of Agriculture, Food 
and 
Rural 
Resources 
to 
establish 
a 
pilot project 
for 
the 
registration of dogs via the Internet.