An Act To Promote Responsible Pet Ownership
Maine Legislature, Session 121, LD 1763
Committee: Agriculture, Conservation and Forestry
Sponsors: COLWELL, BRYANT, BENNETT, CLOUGH, LEMOINE, LUNDEEN, SUSLOVIC, TARDY, MAYO
Amends: 7 MRSA §3906-B, 7 MRSA §3907

Legislative Document 
No. 1763 
H.P.1285 
House of Representatives, December 22,2003 
An Act To Promote Responsible Pet Ownership 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Recei ved by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
Presented by Speaker COLWELL of Gardiner. 
Cosponsored by Senator BRYANT of Oxford and 
7r/~1?1.7JJ~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BENNETT of Caribou, CLOUGH of Scarborough, LEMOINE of Old 
Orchard Beach, LUNDEEN of Mars Hill, McKEE of Wayne, SUSLOVIC of Portland, 
TARDY of Newport, Senator: MAYO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3906-B, sub-§ 13, as enac ted by PL 1995, 
c . 
502, Pt. C, §12, is repealed. 
Sec. 2. 7 MRSA §3906-B, sub-§15, as amended by PL 2001, c. 
399, §2, is further amended to read: 
15. 
Annual 
report. 
The 
commissioner 
shall 
report 
the 
activities of the commissioner annually by March 1st to the joint 
standing committee of the Legislature having jurisdiction over 
agricultural matters. 
This report must include 
a 
summary of 
cases of cruelty to animals investigated by the commissioner, a 
summary of final dispositions of those cases and an account of 
deposits into and payments from the 
6payi-B~--an€l--Be-a-t;e.~ing--f\:iBEI. 
Companion Animal Sterilization Fund established in section 3910-B. 
Sec.3. 7 MRS A §3907, sub-§II-A is enacted to read: 
A. 
Compan j on animal. 
"Companion animal" means a cat or 
Sec. 4. 7 MRSA §3907, sub-§21-A is enacted to read: 
21-A. 
Participating 
veterinarian. 
"Participating 
veterinarian" means a. veterinarian participating in the Companion 
Animal Sterilization Program. 
Sec. 5. 7 MRSA §§3910-B and 3910-C are enacted to read: 
§3910-B. 
Companion Animal Sterilization Program 
1. 
Program 
established; 
purpose; 
pnpua1 
report. 
The 
commissioner shall establish and administer the Companion Animal 
Sterilization Program, 
referred to 
in this 
section 
as 
"the 
program," in accordance with this section. 
The purpose of the 
program is 
to 
redu.ce 
the population of 
unwanted, 
stray and 
homeless dogs and cats by encouraging the owners of companion 
animals 
to 
have 
them 
permanently 
reproductively 
sterilized, 
thereby reducing pot.ential threats to public health and safety 
frOITI._mid-,l>.tlantic 
rabies 
and other 
sources. 
The 
program is 
f~~ged bx-the Companion Animal Sterilization Fund established in 
subsection 
2. 
Thl~ 
commissioner 
shall 
report 
annually 
by 
S~~emQer __ lst t~e Governor and the Legislature regarding the 
progress Q_t the prog,ram and the status of the fund. 
2. 
Companion 
Animal 
Sterilization 
Fund. 
There 
is 
established the Companion Animal Sterilization Fund, referred to 
in this section as "the fund." 
The fund receives money depositeQ 
by the _Treasurer of State pursuant to Title 36, section 5284-AL 
revenues generated in accordance with this section and any money 
contributed voluntarily to the fund. 
All money deposited in the 
fund and the earnings on that money remain in the fund to be used 
to 
fund 
the 
program, 
including 
necessary 
administrative 
and 
personnel costs associated with the management of the fund, and 
may not be deposited in the General Fund or any other fund, 
except as specifically provided by law. 
3. 
Eligibility 
of 
owner 
of 
companion 
animal 
to 
participate. 
A 
resident 
of 
this 
State 
who 
has 
adopted 
a 
companion 
animal 
from 
an 
animal 
shelter 
is 
eligible 
to 
participate in the program if the person presenting the animal 
signs a consent form certifying that the person is the owner of 
the companion animal or is authorized by the owner to present the 
companion animal for the operation and that person pays a fee of 
$30. 
The sterilization must be performed by 
a 
participating 
veterinarian. 
4. 
Reduced fee eligibility. 
A resident of this State who 
presents a companion animal for sterilization may participate in 
the program for a reduced fee if the person: 
A. 
Signs a consent form certifying that the person is the 
owner of the companion animal or is authorized by the owner 
to present the companion animal for the procedure; 
B. 
Pays a fee of $15; and 
C. 
Is able to provide proof that the owner is receiving 
unemployment benefits or is eligible to participate in one 
of the following programs: 
(1) 
The 
federal 
Food Stamp Act of 1977, 
United 
States Code, Sections 2011 to 2036 and the statewide 
food stamp program under Title 22, section 3104; 
(2) 
The program of supplementation of benefits for 
blind, 
disabled and elderly people provided by the 
United States Government pursuant to Ti tIe XVI of the 
United States Social 
Security Act, 
as 
amended, 
and 
Title 22, chapter 855-C; 
(3) 
The 
Temporary 
Assistance 
for 
Needy 
Families 
program under the United States Social Security Act, as 
amended by the federal Personal Responsibility and Work 
Opportunity Reconciliation 
Act 
of 
1996, 
Public 
Law 
104-193, 110 Stat. 2105 and Title 22, chapter 1053 B; or 
(4) 
The MaineCare program established in Title 22, 
chapter 855. 
The 
sterilization 
must 
be 
performed 
by 
a 
participating 
veterinarian. 
5. 
Veterinarian participation. 
A veterinarian licensed in 
this 
State 
may 
participate 
in 
the 
program. 
A 
veterinarian 
applying to participate in the 
program shall file with the 
commissioner an application provided by the commissioner on which 
the 
veterinarian 
shall 
supply, 
in 
addition 
to 
any 
other 
information requested by the commissioner, a fee schedule listing 
the fees charged for sterilization, examination and presurgical 
immunizations 
of 
dogs 
against 
rabies, 
distemper, 
hepatitis, 
leptospirosis 
and 
parvovirus 
and 
the 
fees 
charged 
for 
sterilization, examination and presurgical immunizations of cats 
against 
rabies, 
feline 
panleukopenia, 
feline 
calici 
virus, 
pneumonitis and rhinotlcacheitis performed in the normal course of 
business. 
The sterilization fee 
may vary with the companion 
animal's weight, sex and species. 
The commissioner may, however, 
disqualify from participation in the program any veterinarian 
whose fees are considered unreasonable. 
6. 
Veterinarian 
reimbursement. 
The 
commissioner 
shall 
reimburse, 
to the ext:ent funds are available, 
a participating 
veterinarian for the difference between 80% of the participating 
veterinarian's 
fee 
a.nd 
payment 
paid 
by 
the 
owner 
to 
the 
participating veterinarian as provided in subsection 3 for each 
companion 
animal 
sterilization 
procedure 
administered. 
To 
receive this reimbursement, the participating veterinarian must 
submit 
a 
companion animal sterilization reimbursement 
request 
signed by the participating veterinarian and the owner of the 
animal certifying that the animal has been sterilized. 
The owner 
of a companion animal sterilized pursuant to subsection 3 who has 
adopted that 
companio.~nimal from an animal shelter shall pay 
the cost of all presurgical immunizations and examination fees 
directly to the pa.rticipating veterinarian. 
7. 
Veterinarian 
reimbursement 
under 
reduced 
fee 
arrangement. 
For 
companion 
animals 
sterilized 
pursuant 
to 
subsection 4, 
the commissioner shall reimburse, 
to the extent 
funds are available, a participating veterinarian for the fees 
for 
an examination 
and 
the presurgical 
immunization of 
dogs 
against 
rabies, 
distemper, 
hepati tis, 
leptospirosis 
and 
parvovirus or the fees for an examination and the presurgical 
immunization of cats against rabies, feline panleukopenia, feline 
calici virus, pneumonitis and rhinotrachei tis, as the case may 
be, as well as the fee for the companion animal sterilization 
procedure. 
Reimbursement for these fees, less the $15 fee paid 
~he person presenting the companion animal, must be made by 
the 
commissioner 
to 
the 
participating 
veterinarian 
upon 
submission 
of 
the 
written 
companion 
animal 
sterilization 
reimbursement request. signed by the participating veterinarian 
and the owner of the companion animal or the person authorized by 
the owner, certifying that the immunization has been administered 
and the animal has been sterilized. 
The owner of a 
companion 
animal sterilized pursuant to subsection 4 may not be required to 
pay any additional charges for the examination fee or presurgical 
immunization. 
8. 
Enforcement; 
administrative 
fine. 
A 
person 
who 
knowingly falsifies proof of eligibility for, 
or participation 
in, 
the program, 
who 
furnishes 
any participating veterinarian 
with 
inaccurate 
information 
concerning 
the 
ownership 
of 
a 
companion animal submitted for 
a 
sterilization procedure, 
who 
furnishes the commissioner with false information concerning a 
companion animal sterilization fee schedule submitted pursuant to 
subsection 5 or a 
companion animal sterilization reimbursement 
request submitted pursuant to subsection 3 or 4 or who violates 
any provision of this section or 
a 
rule 
adopted under this 
section is subject to a civil fine levied by the commissioner not 
to exceed $1,000 for each violation. 
9. 
Fund raising. 
The 
commissioner or the commissioner's 
authorized agent 
may 
provide 
for 
the creation, 
reproduction, 
sale, licensing, distribution and other disposal of any art or 
products for the purpose of generating revenues for the fund. 
All 
money 
generated 
from 
the 
sale 
of 
these 
items 
must 
be 
deposited in the fund. 
The commissioner may solicit and accept funds from any public or 
private source to be used to carry out the provisions of this 
section. 
All such funds must be deposited into the fund. 
10. 
Rulemaking. 
The 
commissioner shall adopt 
rules 
to 
carry 
out 
the 
purposes 
of 
this 
section, 
including 
rules 
concerning: 
A. 
The format and content of all forms required under this 
section; 
B. 
Proof of eligibility under subsections 3 and 4; 
C. 
Administration of the fund; and 
D. 
Any matters other than those in paragraphs 
A to 
C 
necessary for the administration of this section. 
Rules adopted pursuant to this subsection are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2 A. 
§39l0-C. 
Companion Animal Overpopulation Committee 
1. 
Establishment: 
purpose. 
The 
Companion 
Animal 
Overpopulation Committee, 
referred to in this section as "the 
committee," is established. 
The purpose of the committee is to 
study 
companion 
animal 
overpopulation in this State 
and the 
relationship of companion animal overpopulation to the spread of 
rabies and other threats to the public health. 
2. 
Membership: 
cochairs. 
The 
committee consists 
of 
members, as follows: 
A. 
Two members of the Senate, appointed by the President of 
the Senate; 
B. 
Two members of the House of Representatiyes, appointed 
by the Speaker of the House; 
C. 
The 
Commissioner 
of 
Agriculture, 
Food 
and 
Rural 
Resources or the commissioner's designee; 
D. 
The Commissioner of Human Services or the commissioner's 
designee; 
E. 
The Commissipner of Inland Fisheries and Wildlife or the 
commissioner's designee; 
F. 
A 
representative 
of 
a 
statewide 
association 
of 
veterinarians, 
appointed jointly by the President of the 
Senate and the Speaker of the House; 
G. 
A representative of a humane society or society for the 
prevention of cI"uel ty to animals in the State, appointed 
jointly by the President of the Senate and the Speaker of 
the House; 
H. 
A representative of the Maine Municipal Association, 
appointed jointl"l" by the President of the Senate and the 
Speaker of the House; 
I. 
A representative of an association of town and city 
clerks in the State, appointed jointly by the President of 
the Senate and the Speaker of the House; 
J. 
A representative of 
dog breeders, 
appointed by 
the 
Governor; 
K. 
A representative of cat breeders, 
appointed by 
the 
Governor; and 
L. A member of the public, appointed by the Governor. 
The first-chosen member of the House and the first-chosen Senator 
serve as cochairs. 
3. 
Terms; compensation. 
The terms of the members of the 
committee are for 3 years, except that: 
A. 
The 
Legislators 
appointed pursuant to subsection 2, 
paragraphs A and B serve terms that are coterminous wi th 
their terms of office; and 
B. 
The 
Commissioner 
of 
Agriculture, 
Food 
and 
Rural 
Resources, 
the 
Commissioner 
of 
Human 
Services 
and 
the 
Commissioner 
of 
Inland Fisheries 
and Wildlife 
serve 
ex 
officio. 
Members 
of 
the 
committee 
serve 
until 
a 
successor 
has 
been 
appointed. 
Members of the committee serve without compensation, except for 
Legislators appointed pursuant to sUbsection 2, paragraphs A and 
B, 
who 
are entitled to receive the legislative per diem and 
reimbursement for travel and other necessary expenses related to 
their attendance at authorized meetings of the committee. 
4. 
Duties. 
The primary duties of the committee are to 
study the economic, human and public health effects of companion 
animal overpopUlation in the State and the lack of compliance 
wi th dog licensing and rabies vaccination laws and ordinances. 
The committee shall make recommendations to reduce the number of 
stray and homeless cats and dogs in the State, to reduce the 
number of healthy cats and dogs euthanized in animal shelters and 
to increase compliance with dog licensing and rabies vaccination 
laws and ordinances. 
5. 
Report. 
The committee shall submit by January 15th an 
annual report of its findings and recommendations, including any 
recommended implementing legislation, to the Legislature and the 
Governor. 
The committee's first report must be submitted on or 
before March 15, 2005. 
Sec. 6. 36 MRS A §5284·A is enacted to read: 
§5284-A. 
Companion Animal Sterilization Fund voluntary checkoff 
1. 
Companion Animal Sterilization Fund. 
A taxpayer who, 
when filing a return, is entitled to a refund under this Part may 
designate that a part of that refund be paid into the Companion 
Animal Sterilization Fund established in Title 7, section 3910-B, 
subsection 2. 
A taxpayer who is not entitled to a refund under 
this Part lllay contribute to the Companion Animal Sterilization 
Fund by including with that taxpayer's return sufficient funds to 
make the contribution. 
Each individual income tax return form 
must contain a designation in substantially the following form '-
"Contribution to Companion Animal Sterilization Fund: 
) $5, 
$10, ( ) $25 or ( ) Other $ .... " 
2. 
Contributions credited to Companion Animal Sterilization 
Fund. 
The State Tax Assessor shall determine annually the total 
amount 
contributed pursuant 
to 
subsection 
1. 
Prior 
to 
the 
beginning of the next year, the assessor shall deduct the cost of 
administering the Companion Animal Sterilization Fund checkoff, 
but not exceeding $5,000 annually, and report the remainder to 
the Treasurer of State, 
who 
shall credit that amount to the 
~ompanion Animal Sterilization Fund, 
which is established in 
Title 7, section 3910-B, subsection 2. 
Sec. 7. Transition. 
All funds in the spaying and neutering 
fund established by the Commissioner of Agriculture, 
Food and 
Rural Resources pursuant to the Maine Revised Statutes, Title 7, 
section 
3906-B, 
subsection 
must 
be 
transferred 
to 
the 
Companion 
Animal 
Sterilization 
Fund 
established 
in Title 
7, 
section 
3910-B, 
subsection 
within 
days 
following 
the 
effective date of this Act. 
Sec. 8. Effective date. 
This Act takes effect January 1, 2005. 
SUMMARY 
This bill, 
based 
on 
New 
Hampshire 
law, 
establishes 
the 
Companion 
Animal 
Sterilization 
Program 
to 
provide 
funding 
assistance to Maine residents who adopt a 
dog or cat from an 
animal shelter and need the animal to be spayed or neutered. 
A 
resident 
pays 
a 
fee 
of 
$30 
to 
participating veterinarians. 
Disabled, elderly, 
unemployed or 
low-income residents who 
are 
eligible to receive low-income assistance, such as food stamps or 
MaineCare or 
unemployment benefits, 
pay 
a 
fee of $15, 
which 
covers 
an 
examination, 
vaccinations 
and sterilization from 
a 
participating veterinarian. 
Participating 
veterinarians 
are 
reimbursed 
for 
the 
difference between the fee and 80% of the veterinarian's fee for 
sterilizing the 
companion 
animal 
less 
the 
copayment; 
if the 
companion animal is owned by a disabled, elderly, low-income or 
unemployed person, the veterinarian receives full reimbursement. 
The primary source of funding for the program is a voluntary 
checkoff on the individual income tax form that allows a taxpayer 
to donate a portion of a tax refund or make a donation with the 
tax return. 
This 
bill 
also 
establishes 
the 
Companion 
Animal 
Overpopulation Committee, a permanent committee whose purpose is 
to study pet overpopulation in Maine and the relationship of 
companion animal overpopulation to the spread of rabies and other 
threats to the public health and make recommendations to reduce 
the number of stray and homeless cats and dogs in the State and 
the number of healthy cats and dogs euthanized in animal shelters 
and 
to 
increase 
compliance 
with 
dog 
licensing 
and 
rabies 
vaccination laws. 
The committee consists of 4 Legislators, the 
Commissioner 
of 
Agriculture, 
Food 
and 
Rural 
Resources, 
the 
Commissioner of Human Services and the Commissioner of Inland 
Fisheries 
and Wildlife 
and 
representatives 
of veterinarians, 
humane societies, municipalities, municipal clerks, dog and cat 
breeders and the public. 
The committee is required to make an 
annual report to the Legislature and the Governor. 
The program begins January 1, 2005.