An Act To Increase Educational Certification for Humane Agents and Animal Control Officers
Maine Legislature, Session 121, LD 0431
Committee: Agriculture, Conservation and Forestry
Sponsors: LaFOUNTAIN, MAYO, PERRY
Amends: 7 MRSA §3906-B, 7 MRSA §3909

Legislative Document 
No. 431 
S.P.149 
In Senate, February 4, 2003 
An Act To Increase Educational Certification for Humane Agents 
and Animal Control Officers 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator LaFOUNTAIN of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: MAYO of Sagadahoc, Representative: PERRY of Bangor. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA §3906-B, sub-§4, as amended by PL 1997, c. 690, 
§2, is further amended to read: 
4. 
Training and certification of animal control officers. 
The commissioner shall develop a program to train animal control 
officers. 
This program must include training in investigation of 
complaints of cruelty to animals, training in response to calls 
concerning animals suspected of having rabies and training in 
enforcement of dog licensing laws and rabies immunization laws. 
The commissioner shall certify all animal control officers who 
complete the training program. 
Once an animal control officer is 
certified, the animal control officer must receive a minimum of 8 
hours of recertification training per year. 
Sec. 2. 7 MRSA §3909, as amended by PL 2001, c. 422, §5, is 
further amended to read: 
§3909. Enforcement 
1. 
Attorney General and District Attorneys. 
Whenever 
a 
person has engaged in or is about to engage in an act or practice 
that constitutes a violation of this Act, a rule adopted pursuant 
to this Act or 
a 
condition of 
an order, 
license or permit 
approved or decision issued by the commissioner pursuant to this 
Act, or that constitutes a violation of chapter 739 or Title 17, 
chapter 42, the Attorney General or a District AttorneYT--ii-t--\:-lie 
Fe~aes\:--ef-~he-€emmi66ieReFT may institute proceedings before the 
District Court or Superior Court for an order enjoining those 
acts or practices, an order directing compliance or imposing a 
civil or criminal penalty, or any combination of these actions, 
as provided by law. 
Upon a showing by the commissioner that the 
person has engaged or 
1S about to engage in such an act or 
practice, 
the 
court 
may 
grant 
a 
permanent 
or 
temporary 
injunction, restraining order or other order as appropriate. 
2. 
Designated employees of department. 
For purposes of 
prosecution under this section, the commissioner may authorize 
humane agents and a state veterinarian to serve civil process 
pursuant to the Maine Rules of Civil Procedure, Rule 80H and any 
other applicable rules of court. 
The commissioner may authorize 
humane agents or a state veterinarian to represent the department 
in District Court in the prosecution of civil violations of these 
laws. 
Certification 
of 
the 
humane 
agents 
and 
a 
state 
veterinarian for this purpose is as provided under Title 30-A, 
section 4453, subsection 5. 
Once certified, prosecution by the 
humane agent or a state veterinarian may seek civil penalties as 
provided by law as well as a permanent or temporary injunction, 
restraining order or other equitable relief as the court finds 
appropriate. 
3. 
Education requirement; management. 
A humane agent hiFee 
a~teF-JaB~a~Y-~7-~~~~~~~~-&a~~&a~~~-Fee~Bi~eQ-aBiffia± 
±aw-eR~e~€emeR~-~~~~~~~~~-ef-at-~~-~~~F&~-e~FatieRL 
regardless 
of 
the 
date 
of 
employment, 
must 
attend 
and 
successfully 
complete 
the 
Maine 
Criminal 
Justice 
Academy 
preservice law enforcement training as 
required in Title 25, 
section 2804-6 and the in-service law enforcement training as 
required in Title 25, section 2804-E in order to have the power 
to make arrests or to carry a firearm. 
A humane agent is exempt 
from Title 25, section 2804-C. 
A humane agent, regardless of 
date of employment, must receive 40 hours of related education 
peFieaiea±±y 
annually 
as 
determined 
by 
the 
Animal 
Welfare 
Advisory Council and the department. 
4. 
Subpoenas 
and 
summons. 
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atteFRey-~~--~&e-S~a~e-~--the-~~-~~&&e~-~e~-~~-aepaFtffieRt 
ffiay+ Upon the meeting of the requirements stated in subsection 3, 
a 
humane agent has the authority to serve civil and criminal 
process. 
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SUMMARY 
This 
bill 
sets 
minimum 
educational 
certification and recertification of humane 
control officers and clarifies their authority 
requirements 
for 
agents and animal 
to serve civil and 
criminal process.