An Act To Amend the Animal Welfare Laws and Improve Funding
Maine Legislature, Session 121, LD 1215
Committee: Agriculture, Conservation and Forestry
Sponsors: MILLETT, DUNLAP, FLETCHER
Amends: 7 MRSA §3906-B, 7 MRSA §3911, 7 MRSA §3913, 7 MRSA §3931-B, 7 MRSA §3939, 7 MRSA §394, 7 MRSA §3942, 7 MRSA §3943, 7 MRSA §3944, 7 MRSA §3945, 7 MRSA §3946, 7 MRSA §3950-A

Legislative Document 
No.121S 
H.P.889 
House of Representatives, March 6, 2003 
An Act To Amend the Animal Welfare Laws and Improve Funding 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
7r/~/J1·771~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MILLETT of Waterford. 
Cosponsored by Representative DUNLAP of Old Town and 
Representatives: FLETCHER of Winslow, McKEE of Wayne. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 7 MRSA §3906-B, sub-§I, as amended by PL 1997, c. 
690, §1, is repealed. 
Sec. A-2. 7 MRSA §3906-B. sub-§2. 
as amended by PL 2001, c. 
422, §3, is further amended to read: 
2. 
Animal Welfare Fund. 
The commissioner shall deposit all 
license fees received pursuant to chapters +6±, 723 T -169 and 735 
in a separate account established by the Treasurer of State and 
known as the Animal Welfare Fund. 
The commissioner shall deposit 
1/2 of feed registration fees collected under section 714 and all 
funds collected pursuant to section 4852 in the Animal Welfare 
Fund. 
This account does not lapse, but continues from year to 
year. 
The commissioner shall pay from the Animal Welfare Fund 
the 
expense 
of furnishing blanks, 
stieke£6--aBa--ta~sT travel 
expenses and salaries for necessary personnel, payments to animal 
shelters and expenses incurred in the administration of this Part. 
Sec. A-3. 7 MRSA §3906-B. sub-§3. as enacted by PL 1991, c. 
779, §9, is repealed. 
Sec. A-4. 7 MRSA §3911, as amended by PL 1999, c. 254, §3, is 
further amended to read: 
§39l1. Dogs at large 
It is unlawful for any dogT-li€eHsea-er-~Rli€eRseaT to be at 
large, except when used for hunting. 
The owner or keeper of any 
dog found at large is subject to the penalties provided in this 
chapter. 
Sec. A-5. 7 MRSA §3913. sub-§3. §c. as amended by PL 1991, c. 
779, §22, is further amended to read: 
C. 
If the owner claims the dog within the 6-day period, the 
owner may have and receive the dog upon payment of all 
department-approved fees as provided in subsection 2-A, the 
municipal impoundment fee and actual fees incurred for food, 
shelter, veterinary care and any other fees required by this 
chapter for 
each day that the 
dog 
has 
been sheltered, 
provided that the dog is lieeBsea immunized in accordance 
with chapter +6± 721-A. 
Sec. A-6. 7 MRSA §3913, sub-§4, ,A, as amended by PL 1993, c. 
657, §17, is further amended to read: 
Page l-LR1533(1) 
• 
A. 
Sell or give 
away the dog, 
but not to 
facility, if 
a--~~Bse immunization is first 
accordance with chapter +61 721-A; or 
Sec. A·7. 7 MRS A c. 721. as amended, is repealed. 
Sec. A-S. 7 MRSA c. 721·A is enacted to read: 
CHAPTER 72l-A 
IMMUNIZATION OF CANINES 
§3926. 
Immunization 
a 
research 
obtained in 
1. 
Immunization required. 
Except as provided in subsection 
4, a dog may not be kept within the limits of the State unless 
the dog has been immunized against rabies in accordance with 
rules adopted by the Commissioner of Human Services, except that 
the requirement of immunization may be waived under conditions 
set forth by the Commissioner of Human Services. 
2. 
Rabies tags. 
An owner shall ensure that a rabies tag 
obtained from a veterinarian for immunization against rabies is 
securely attached to a collar of leather, metal or material of 
comparable strength and that the collar is worn at all times by 
the dog for which the rabies tag was issued, except as provided 
in subsection 3. 
3. 
Rabies tag exceptions. 
A dog is not required to wear a 
rabies tag when on the premises of the owner or off the premises 
of the owner while hunting, in training or in an exhibition. 
When a dog is hunting, in training or in an exhibition, its owner 
or keeper shall produce proof of rabies immunization within 24 
hours upon reguest by a humane agent, animal control officer or 
law enforcement officer, including a game warden. 
4. 
Exception to immunization requirement for wolf hYbrids. 
The immunization reguirement under subsection 1 may be waived 
upon application to the Commissioner of Human Services for wolf 
hybrids. 
A dog that has been declared a wolf hybrid must be 
treated as a wolf hybrid in accordance with Title 22, chapter 
251, subchapter 5. 
5. 
Rulemaking. 
The Commissioner of Human Services shall 
adopt rules 
to 
implement this section, 
including application 
forms for proof of immunization provided by another state and 
waiver 
of 
immunization. 
Rules 
adopted 
pursuant 
to 
this 
subsection are routine technical rules under Title 5, 
chapter 
375, subchapter 2-A. 
6. 
Failure to iDmunize: unlawful use of collar or rabies 
tag. 
A 
person 
who 
violates 
subsection 
commits 
a 
civil 
violation for which a forfeiture of not more than $lOO may be 
adjudged. 
A person who 
removes a rabies tag or who places a 
rabies tag on a dog for which the rabies tag was not issued 
commits a civil violation for which a forfeiture of not more than 
$100 may be adjudged. 
§3927. 
Permanent identification of wolf hybrids 
The commissioner shall adopt rules to establish methods of 
identifying wolf hybrids through tattooing, the placement of a 
microchip under the animal's skin or any other method determined 
by the commissioner as adequately providing a permanent means of 
identification on the body of the animal. 
Rules adopted pursuant 
to this section are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. 
A person may not own or keep a 
wolf hybrid unless the animal has identification in compliance 
with the rules adopted under this section. 
A person who violates 
this section commits a civil violation for which a forfeiture of 
not more than $100 may be adjudged. 
§3928. 
Review 
The operation of this chapter must be reviewed by the Office 
of Program Evaluation and Government Accountability pursuant to 
Title 3, chapter 37, no later than June 30, 2007. 
Sec. A-9. 7 MRSA §3931-B, sub-§2, as enacted by PL 200L c. 
129, §4, is amended to read: 
2. Kennel registration required. 
A person who operates a 
wolf hybrid kennel must register with the department on a form 
provided by the department. The form must include the name of the 
person operating the kennel, 
the mailing address and road or 
street address for the kennel and the number of wolf hybrids kept 
at the time of registration. The person who operates the kennel 
must submit with the registration form proof that each wolf 
hybrid has been permanently identified in accordance with section 
~9;n-A ~. 
Sec. A-10. 7 MRSA §3939, as enacted by PL 1993, c. 657, §37, 
is amended to read: 
§3939. Dog iDmunization 
Nothing in this chapter may be construed to exempt licensed 
facilities from the lieeBse immunization requirements of chapter 
+61 721-A. 
• 
Sec. A·II. 7 MRSA §394I. as amended by PL 1997, c. 690, §25, 
is further amended to read: 
§394l. Posting of law 
Municipal clerks, annually, at least 20 days before January 
1st, shall post copies of eaapteF--7+1--ana this chapter in the 
usual 
places 
for 
posting 
notices 
of 
the 
annual 
municipal 
elections. 
Sec. A·I2. 7 MRSA §3942. as amended by PL 2001, c. 617, §7, 
is repealed. 
Sec. A·I3. 7 MRSA §3943. as amended by PL 1999, c. 136, §1, 
is repealed. 
Sec. A·I4. 7 MRSA §3944. as amended by PL 1997, c. 690, §27, 
is repealed. 
Sec. A·I5. 7 MRSA §3945. as amended by PL 2001, c. 617, §8, 
is further amended to read: 
§3945. Use of court fines retained by municipalities 
~Heept-~~--~Re-~~-~e£~~4J£~--~-~~-t&-~~~~-~946 
Fetainea--by--the--ffitt-nJ£Jpa-l---<3-1e-F-lf-r -a±±-~-e-e-s--ana All court fines 
retained by municipalities pursuant to this chapter must be kept 
in a separate account and must be used for the salaries and costs 
of animal control, enforcement of 
±ieensin~ immunization laws, 
care of stray animals that are injured or abandoned and the 
support of one or more approved animal shelters. 
Any money not 
expended for these purposes in a municipality's fiscal year does 
not lapse, but must be carried over to the next fiscal year. 
Sec. A·I6. 7 MRSA §3946. as amended by PL 1995, c. 490, §15, 
is repealed. 
Sec.A·I7. 7MRSA~3947.first~. as amended by PL 1997, c. 
690, §28, is further amended to read: 
Each municipality shall appoint one or more animal control 
officers whose duties are enforcement of sections 3911, 
3912, 
3916, 
~96;h--3-9-64-,--~94~T 3948, 
3950, 
3950-A, 
3952 and 4041 and 
Title 17, section 1023 responding to reports of animals suspected 
of having rabies in accordance with Title 22, sections 1313 and 
1313-A 
and 
such 
other 
duties 
to 
control 
animals 
as 
the 
municipality may require. 
Sec. A-18. 7 MRSA §3950-A, first'~ as amended by PL 1997, c. 
690, §33, is further amended to read: 
Any mayor, municipal officer, clerk, town or city manager, 
administrative assistant to the mayor, 
town or city councilor, 
ael3'---r~-e-£-€ie-£---o-t-- -aaEH:'<3'aaj,.z.e.d.--t.e~~it.eFie6T 
cons table, 
pol ice 
officer, 
sheriff 
or 
animal 
control 
officer 
who 
refuses 
or 
intentionally fails to perform the duties imposed by chapters 
719, 720, +61 721-A, 725 and 727 and by this chapter commits a 
civil violation for which a forfeiture of not less than $50 nor 
more than $250 and costs may be adjudged. 
PARTB 
Sec. B-1. 36 MRSA c. 720 is enacted to read: 
CHAPTER 120 
P<:»mSTIC ANIMAL FOOD 
§4851. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Domestic animal. 
"Domestic animal" means a cat, dog, 
eguine, rabbit or other domesticated animal including any animal 
normally maintained in a cage or tank, such as, but not limi ted 
to, 
gerbils, 
hamsters, 
canaries, 
psittacine 
birds t 
mynahs, 
finches, tropical fish, goldfish, snakes and turtles. 
"Domestic 
animal" does not include livestock. 
2. 
Domestic animal food. 
"Domestic animal food" means any 
commercial 
feed 
prepared 
and 
distributed 
for 
consumption 
by 
domestic animals, but does not include products made primarily 
from hay. 
3. 
Livestock. 
"Livestock" means cattle, poultry, 
sheel?, 
goats and swine and large game as defined in Title 7, section 
§4852. 
Rate of tax 
1. 
Rate. 
An excise tax is imposed on all domestic animal 
food at the rate of 3% of the wholesale sales price. 
The tax is 
in addition to the tax imposed pursuant to section 1760. 
2. 
Imposition. 
The 
tax 
is 
imposed 
at 
the 
time 
a 
distributor or retailer brings or causes to be brought into this 
State domestic animal food that is for sale to consumers or to 
• 
• 
retailers or at the time domestic animal food is manufactured or 
fabricated in this State for sale in this State. 
3. 
Exception. 
The tax imposed on domestic animal food does 
not apply to those products exported from this State or to any 
domestic animal food that under laws of the United States may not 
be subject to taxation by this State. 
§4853. 
Dedication of excise tax 
All funds collected as a result of this excise tax must be 
deposited monthly in the Animal Welfare Fund established under 
Title 7, section 3906-B, subsection 2. 
§4854. 
Review 
The excise tax imposed pursuant to this chapter and the 
operation of this chapter must be 
reviewed by the Office of 
Program 
Evaluation 
and 
Government 
Accountability pursuant 
to 
Title 3, chapter 37, no later than June 30, 2007. 
SUMMARY 
Part A of this bill eliminates the 
Dogs are still required to be immunized 
of that immunization must be displayed. 
the current requirements regarding the 
hybrids. 
licensing fees for dogs. 
against rabies and proof 
This bill also continues 
identification of wolf 
Part B of this bill imposes a 3
D
" 
tax on the wholesale sale 
of domestic animal food and dedicates the revenue to the Animal 
Welfare Fund. 
Both the immunization provisions and the operation of the 
excise tax must be reviewed by June 30, 2007.