An Act To Restructure the Power and Duties within the Animal Welfare Act
Maine Legislature, Session 121, LD 1142
Committee: Agriculture, Conservation and Forestry
Sponsors: LA VERRIERE-BOUCHER, SULLIVAN, TWOMEY
Amends: Title 7, Section 2143, 7 MRSA §3902, 7 MRSA §3906-B, 7 MRSA §3906-C, 7 MRSA §3907, 7 MRSA §3909, 7 MRSA §3921, 7 MRSA §3922, 7 MRSA §3923-F, 7 MRSA §3936, 7 MRSA §3937, 7 MRSA §3943, 7 MRSA §3946, 7 MRSA §3947, 7 MRSA §3949, 7 MRSA §3950-A, 7 MRSA §3971, 7 MRSA §3991, 7 MRSA §4001, 7 MRSA §4017, 7 MRSA §4018, 17 MRSA §1011, 17 MRSA §1021, 17 MRSA §1022, 17 MRSA §1023

Legislative Document 
No. 1142 
H.P.845 
House of Representatives, March 4, 2003 
An Act To Restructure the Power and Duties within the Animal 
Welfare Act 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
17/~/J7.~~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LA VERRIERE-BOUCHER of Biddeford. 
Cosponsored by Representatives: SULLIVAN of Biddeford, TWOMEY of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3902, as amended by PL 2001, c. 617, §4, is 
further amended to read: 
§3902. 
Purposes; comprehensive program 
The primary legislative purposes of this Act are to provide 
for the licensing of dogs and the humane and proper treatment of 
animals. 
To ensure the humane and proper treatment of animals, 
the 
eeffiffii66ieBe~ chief humane agent shall develop, implement and 
administer 
a 
comprehensive 
program 
that 
upholds 
the 
animal 
welfare laws of the State through communication, education and 
enforcement. 
Sec. 2. 7 MRSA §3906-B, as amended by PL 2001, c. 399, §2 and 
c. 422, §3, is further amended to read: 
§3906-B. 
Powers and duties of chief humane agent 
The 
eeffiffii66ieBe~ chief 
humane 
agent has 
the 
powers 
and 
duties set forth in this section. 
1. 
Dog licensing laws. 
The 
eeffiffii66ieBe~ 
shall 
carry 
out 
the 
dog 
licensing 
laws 
municipalities all license blanks, stickers and 
chief humane agent 
and 
furnish 
to 
tags. 
2. 
Animal Welfare 
Fund. 
The 
eeffiffii66ieBeF 
chief 
humane 
agent 
shall 
deposit 
all 
license 
fees 
received 
pursuant 
to 
chapters 721, 723, 725 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 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, 
stickers and tags, 
travel expenses 
and 
salaries for necessary personnel, payments to animal shelters and 
expenses incurred in the administration of this Part. 
3. 
Dog recorders. 
The 
eeffiffii66ieBeF 
chief 
humane 
agent 
shall 
appoint 
dog 
recorders 
in 
unorganized 
territories 
and 
establish fees for services rendered. 
4. 
Training and certification of animal control officers. 
The 
eeffiffii66ieBe~ chief humane agent 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 
Page l-LR1131(1) 
.. 
and 
rabies 
immunization laws. 
The 
eeffiffiissieBe~ chief humane 
~ 
shall certify all animal control officers who complete the 
training program. 
6. 
Inspections. 
The 
eeffiffiissieBe~ chief humane agent shall 
inspect licensed facilities as provided in chapters 723 and 735. 
7. 
Payment of fees. 
The 
eeffiffiissieBe~ chief humane agent 
may 
authorize 
payments 
to 
providers 
of 
special 
services 
to 
animals when the eeffiffiissieBe~ chief humane agent determines those 
services are in the public interest. 
8. 
Copies of law. 
The 
eeffiffiissieBe~ 
shall seasonably forward to the e*e~ks animal 
municipalities copies of this Part. 
chief humane 
agent 
control officers of 
9. 
Employees. 
The 
eeffiffiissieBe~ chief humane agent 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 
eeffiffiissieBe~ chief 
humane agent, in consultation with the Animal Welfare Advisory 
beffiffiittee Council, shall employ, 
subject to the Civil Service 
Law, 
eBe-£~**-tiffie humane a~eBt agents to assist the 
eeffiffiissieBe~ 
chief humane 
agent 
in carrying out 
the 
eeffiffiissieBe~~s chief 
humane 
agent's duties 
and responsibilities. 
The 
eeffiffiissieBe~ 
chief humane agent may not hire as a state humane agent a person 
who has been convicted of a criminal violation under Title 17, 
chapter 42 
or has been adjudicated of a 
civil violation for 
cruelty to animals under chapter 739. 
10. 
Rules. 
Pursuant 
to 
Title 
5, 
chapter 
375, 
the 
eeffiffiissieBe~ chief humane agent shall adopt, 
amend and repeal 
rules, 
including 
emergency 
rules, 
necessary 
for 
the 
proper 
administration, implementation, enforcement and interpretation of 
any provision of law that the 
eeffiffiissieBe~ chief humane agent is 
charged with administering. 
11. 
Cruelty to animals. 
The 
eeffiffiissieBe~ chief 
humane 
~, in 
cooperation 
with 
animal 
control 
officers, 
shall 
investigate 
complaints 
of 
cruelty 
to 
animals 
and 
enforce 
cruelty-to-animal laws in accordance with chapter 739 and Title 
17, chapter 42. 
The Attorney General and the district attorneys 
shall 
assist 
the 
eeffiffiissieae~ 
chief 
humane 
agent 
with 
the 
eeffiffiissieae~~s chief humane agent's enforcement responsibilities. 
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13. 
Spaying and neutering fund. 
The 
eemmissieaeF chief 
humane agent may accept funds from any private or public source 
for 
the 
purpose 
of 
subsidizing 
spaying 
and 
neutering. 
The 
eemmissieaeF chief humane agent shall deposit all funds accepted 
for 
this 
purpose 
into 
a 
separate, 
nonlapsing - spaying 
and 
neutering account. 
The eemmissieaeF chief humane 
agent shall 
establish guidelines for 
payments 
and make payments 
from 
the 
fund. 
All payments 
from the fund must be used to subsidize 
spaying and neutering e~ dogs and cats. 
14. 
Information. 
The eemmissieaeF chief humgng agent may 
obtain, 
develop 
or 
disseminate 
any 
information 
useful 
or 
convenient 
for 
carrying 
out 
any 
purpose 
or 
power 
of 
the 
eemmissieaeF chigf humane ggent. 
15. 
Annual report. 
The 
eemmissieaeF chief humane 
agent 
shall report the activities of the eemmissieaeF chief humane 
ggent 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 eemmissieaeF chief humane agent, a summary of 
final dispositions of those cases and an account of deposits into 
and payments from the spaying and neutering fund. 
Sec. 3. 7 MRSA §3906-C~ first 1[, as repealed and replaced by PL 
2001, c. 399, §3, is amended to read: 
The Animal Welfare Advisory Council, as established by Title 
5, 
section 12004-1, 
subsection 
2-C 
and 
referred to 
in this 
section as the "council," shall advise the eemmissieaeF chief 
humane agent on matters pertaining to animal welfare. 
Sec. 4. 7 MRSA §3906-C, sub-§§2, 4 and 6, as 
repealed and 
replaced by PL 2001, c. 399, §3, are amended to read: 
2. State member; staff. 
The eemmissieaeF chief humgne agent 
or the 
eemmissieaeF~s chief humane agent's designee serves as an 
ex 
officio 
nonvoting 
member. 
The 
department 
shall 
provide 
necessary staffing services to the council. 
4. 
Terms of office. 
Except for initial appointees and the 
eemmissieaeF 
chief 
humane 
agent 
or 
the 
eemmissieaeF~s chief 
humane agent's designee, each member serves for a term of 3 years 
or until the member's successor has qualified. 
Except for the 
eemmissieaeF 
chief 
humane 
agent 
or 
the 
eemmissieaeF~s chief 
humang aggnt' s 
designee, 
a 
member 
may not serve more than 
consecutive terms. In the case of a vacancy for any reason, the 
.. 
Governor shall appoint a member representing the same interest to 
fill the unexpired term. 
6. 
Administration; meetinqs. 
The council shall elect one 
of its members as chair. 
The chair serves for a 2-year period 
and may not serve as chair for consecutive 2-year periods. 
The council shall hold regular public meetings every 9~Re~ month 
but may waive by majority vote a succeeding meeting. The chair 
shall call special meetings of the council whenever requested in 
writing by 2 or more members. 
The council shall send notice and 
minutes of the meetings to the joint standing committee of the 
Legislature having jurisdiction over animal welfare matters. 
Sec. 5. 7 MRSA §3906-C, sub-§7, as enacted by PL 2001, c. 399, 
§3, is amended to read: 
1. 
Duties. The council shall perform the following duties: 
A. 
Review and advise the eeffiffiissieBe~ chief humane agent on 
proposed revisions to the animal welfare laws and rules; 
B. 
Assist 
the 
eeffiffiissieBe~ 
continuing 
implementation 
and 
welfare laws and rules; 
chief 
humane 
agent 
evaluation 
of 
the 
in 
the 
animal 
C. 
Review training programs 
control 
officers 
and 
make 
appropriate to the duties of 
control officers; 
for humane agents and animal 
recommendations 
for 
training 
the humane agents and animal 
D. 
Research options for increasing revenue to the Animal 
Welfare Fund to ensure funding for the implementation and 
enforcement 
of 
the 
animal 
welfare 
laws 
and 
rules, 
periodically evaluate the adequacy of funding for those laws 
and rules and make recommendations to the 
eeffiffiissieBe~ chief 
humane agent; and 
E. 
Advise the 
eeffiffiissieBeF chief humane agent on other 
matters related to the animal welfare laws and rules. 
Sec. 6. 7 MRS A §3907, sub-§9-B is enacted to read: 
9-B. 
Chief humane agent. 
"Chief humane agent" means the 
individual who is head of the Division of Animal Health and 
Industry within the department or the chief humane agent I s duly 
authorized agent. 
The chief humane agent shall answer directly 
to the Animal Welfare Advisory Council and the joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
agricultural matters. 
The chief humane agent may work with the 
Commissioner of Agricultural, Food and Rural Resources and may 
keep the commissioner updated on the activities of the agency. 
Sec. 7. 7 MRSA §3907, sub-§l1, as enacted by PL 1987, c. 383, 
§3, is repealed. 
Sec. 8. 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 
eemmissieaeF chief humane 
agent pursuant to this Act, or that constitutes a violation of 
chapter 739 or Title 17, chapter 42, the Attorney General or a 
g~s~F~e~--A~~eFaey district attorney, 
at 
the 
request 
of 
the 
eefRfR~SS~eaeF chief humane agent, 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 
eefRfR~SSieaeF chief 
humane agent that the person has engaged or is 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. 
Desiqnated employees of department. 
For purposes of 
prosecution under this section, 
the eemmissieaeF chief humane 
agent may authorize humane agents and a state veterinarian to 
serve civil and criminal process pursuant to the Maine Rules of 
Civil Procedure, 
Rule 
80H 
and 
any other applicable rules of 
court. 
The eefRfRissieaeF chief humane agent 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 30-11., 
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 aiFea 
aE~eF-JaR~aEY-~7-~~~-~~-~~~~-~&~~~~Y-Fee~Bi~ea-aBima± 
±aw-~£~~£emeR~-~~~~~~~~-ef-a£-~~-~-~~F&~-aaFaEieaL 
regardless 
of 
the 
date 
of 
employment, 
must 
attend 
and 
successfully 
complete 
the 
Maine 
Criminal 
Justice 
Academy 
preservice law enforcement training reguirements in Title 25, 
section 2804 B and the in-service law enforcement training in 
Title 25, 
section 2804 E in order to have the power to make 
arrests or carry a firearm. 
Humane agents are exempt from Title 
25, 
section 2804-C. 
A humane 
agent, 
regardless of date of 
employment, must receive 40 hours related education peF~eQ~ea~~y 
annually as determined by the QepaF~meB~ Animal Welfare Advisory 
Council and the chief humane agent. 
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5. 
Serve civil and criminal process. 
Upon completion of 
and meeting the reguirements stated in subsection 3, the chief 
humane agent and humane agents have the authority to serve civil 
and criminal process. 
Sec. 9. 7 MRSA §3921.A, as enacted by PL 2001, c. 129, §2, is 
amended to read: 
§3921-A. 
Permanent identification of wolf hybrids 
The eemmissiaBeF chief humane agent 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 
eemmissieBeF 
chief 
humane 
agent 
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 II-A 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. 
Sec. 10. 7 MRSA §3922, sub-§3, as amended by PL 1997, c. 704, 
§7, is further amended to read: 
3. 
Proof of immunization. 
Except as provided in subsection 
3-A, a municipal clerk may not issue a license for a dog until 
the applicant has filed with the clerk proof that 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 by the clerk under conditions set 
forth by the Commissioner of Human Services. 
The eemmissieae~ Commissioner of Human Services shall adopt rules 
that allow the clerk and the 
eemmissieae~ Commissioner of Human 
Services to accept valid proof of immunization against rabies 
provided by another state. 
Sec. 11. 7 MRSA §3923-F, as enacted by PL 2001, c. 422, §10, 
is amended to read: 
§3923-F. Veterinarian serving as dog licensing agent 
The 
eemmissieae~ 
chief 
humane 
agent 
may 
authorize 
a 
veterinarian licensed in accordance with Title 32, chapter 71-A 
to issue dog licenses under section 3923-A. 
The eemmissieaeF 
chief humane agent shall adopt rules to implement this section. 
Rules 
adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter **-11. 2-11.. 
The rules must provide a process for identifying veterinarians 
who 
are 
willing 
to 
serve 
as 
dog 
licensing 
agents, 
for 
distributing 
li~ense blanks, 
tags 
and stickers, 
and 
for 
the 
collection, distribution and deposit of license fees into the 
appropriate municipal and state accounts. 
Sec. 12. 7 MRSA §3936, as amended by PL 1997, c. 690, §24 and 
PL 1999, c. 
547, Pt. 
B, 
§78 and affected by §80, is further 
amended to read: 
§3936. 
Inspection and quarantine 
1. 
Inspection 
and 
quarantine. 
The 
eeffiffiissieaeF 
chief 
humane agent, a st.at.e humane agent, 
a veterinarian employed by 
the State or a 
licensed veterinarian at the direction of the 
eemmissieaeF chief humane 
agent may, 
at any reasonable time, 
enter an animal shelter, kennel, boarding kennel, breeding kennel 
or pet shop and make examinations and conduct any recognized 
tests for the existence of contagious or infectious diseases or 
conditions. 
If the 
animal shelter, 
kennel, 
boarding kennel, 
breeding kennel or pet shop is also used for human habitation, 
the person authorized to make examinations and conduct tests must 
be escorted by the owner, or the owner's agent, of the animal 
shelter, kennel, boarding kennel, breeding kennel or pet shop and 
the examinations and tests may be made only in those portions of 
.. 
the premises used as an animal shelter, kennel, boarding kennel, 
breeding kennel or pet shop. 
The 
eemmissiene~ chief humane agent 
may inspect animal shelters, kennels, boarding kennels, breeding 
kennels 
and pet shops in accordance with the sanitation and 
health rules established by the department and for compliance 
with 
laws 
and 
rules, 
including 
licensing 
and 
permitting 
requirements, of the Department of Inland Fisheries and Wildlife 
pertaining to wildlife importation and possession. 
In conducting 
inspections, 
measures 
established 
by 
the 
department 
through 
rulemaking must be used to prevent the spread of infectious and 
contagious diseases. 
Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter II-A 2-A. 
A veterinarian employed by the State or any 
licensed veterinarian may quarantine the animal shelter, kennel, 
boarding kennel, breeding kennel or pet shop, in person or by 
registered mail, and the quarantine must be maintained as long as 
the department determines necessary. 
The decision and order for 
this quarantine is not considered a licensing or an adjudicatory 
proceeding as defined by the Maine Administrative Procedure Act. 
The 
eemmissiene~ chief humane agent shall promptly notify the 
Department of Inland Fisheries and Wildlife of violations. 
2. 
Suspension 
of 
license. 
The 
District 
Court, 
upon 
complaint of the 
eemmissiene~ chief humane agent, the Attorney 
General or the Commissioner of Inland Fisheries and Wildlife, may 
revoke or suspend a kennel, boarding kennel, breeding kennel or 
pet shop license if a person maintaining the kennel, boarding 
kennel, breeding kennel or pet shop violates any quarantine or 
maintains 
animals 
contrary 
to 
the 
rules 
adopted 
by 
the 
department, fails to keep records required by the department or 
violates any provision of the laws or rules of the Department of 
Inland Fisheries and Wildlife pertaining to wildlife importation 
and possession. 
Sec. 13. 7 MRSA §3937, as amended by PL 1993, c. 468, §25, is 
further amended to read: 
§3937. 
Investigation 
Upon 
written 
complaint 
made 
to 
the 
eemmissiene~ Animal 
Welfare 
Division 
by 
any 
person 
alleging 
violation 
of 
this 
chapter, or any of the rules of the chapter by any licensee, the 
eemmissieRe~ chief humane agent shall cause an investigation to 
be made upon matters related in the complaint . 
Sec. 14. 7 MRSA §3943. sub-§I, as amended by PL 1999, c. 136, 
§l, is further amended to read: 
1. 
Procedure. 
Between February 1st and April 1st annually, 
the municipal officers of each municipality shall may issue a 
warrant with the names and addresses of all owners or keepers of 
unlicensed dogs 
to one or 
more police officers, 
constables, 
sheriffs or animal control officers, directing them to send a 
notice of violation to the last known address of the owners or 
keepers or calIon the owners or keepers. 
The warrant must 
further direct that demand be made on the owners or keepers to 
obtain a license from the municipal clerk within 7 days from the 
date of demand and remit to the clerk the license ~nd recording 
fees plus a late fee of $10 for each dog that is licensed. 
Finally, the warrant must direct the police officer, constable, 
sheriff or animal control officer to enter summons and complaint 
as soon as possible for all owners or keepers so notified who 
fail to comply with the order. 
Sec. 15. 7 MRSA §3946, as amended by PL 1995, c. 490, §15, is 
further amended to read: 
§3946. 
Dog recorders in unorganized territories 
Dog recorders appointed by the 
eeHlHli66ieae~ chief humane 
~ 
in 
unorganized 
territories 
shall 
issue 
dog 
licenses, 
receive the license fees and pay them to the department. 
The 
recorders shall keep the clerk's copy of all licenses issued by 
them and make reports to the department on a form approved by the 
department 
of 
all 
licenses 
issued 
and 
fees 
received. 
The 
recorders shall report following each month in which licenses are 
actually issued and fees are actually collected. 
Sec. 16. 7 MRSA §3947, 3rd" as enacted by PL 1991, c. 779, 
§39, is amended to read: 
Animal control officers must be certified in accordance with 
section 
3906-B, 
subsection 
4. 
Upon 
initial appointment, 
an 
animal control officer must complete training and be certified by 
the 
eeHlHli66ieae~ 
chief 
humane 
agent 
within 
months 
of 
appointment. 
Sec. 17. 7 MRSA §3947, last" as enacted by PL 1995, c. 490, 
§16, is amended to read: 
control officer, municipal 
chief humane agent of the 
of 
the 
animal 
control 
Upon appointment of an animal 
clerks shall notify the 
eeHlHli66ieae~ 
name, 
address 
and 
telephone 
number 
officer. 
Sec. IS. 7 MRSA §3949, as amended by PL 1997, c. 690, §32, 
1.S 
further amended to read: 
§3949. 
Animal shelter designation 
.. 
.. 
Municipal clerks, annually, on or before April 1st, shall 
certify to the eemmissieaeF chief humane 
agent the 
name 
and 
location of the animal shelter with which the municipality has 
entered into 
a 
contract to accept stray animals or have 
an 
arrangement 
for 
an 
animal 
shelter 
that 
will 
accept 
stray 
animals. 
Animal shelters designated by the municipality under 
this section must comply with eeFflFflissie:eeF chief humane agent 
rules. 
Sec. 19. 7 MRSA §3950-A, 2nd, 3rd and 4th ", as enacted by PL 
1983, c. 383, §3 and amended by PL 1993, c. 468, §25, are further 
amended to read: 
The eeFflFflissie:eeF chief humane agent, at i~s the agent's own 
instance or upon written complaint made to 
i~ the agent by any 
person, shall investigate any alleged refusal or neglect of duty 
by any municipal officer. 
The 
eemmissieaeF 
chief 
humane 
agent 
shall 
direct 
proceedings, actions and prosecutions to be instituted to enforce 
all laws relating to animals and to the liability of municipal 
officers and their agents for failure, 
neglect or refusal to 
comply with the laws relating to animals. 
The 
Attorney 
General 
and 
district 
attorneys, 
upon 
the 
eeFflFflissieaeF.!.s 
chief 
humane 
agent's 
written 
request, 
shall 
institute such legal proceedings as may be necessary to carry out 
this section. 
Sec. 21. 7 MRSA §3971, sub-§§3 and 4, as amended by PL 1993, c. 
468, §25, are further amended to read: 
3. 
Standards 
of 
treatment. 
Any 
animal 
whose 
use 
is 
permitted under this section saa±± must be treated in accordance 
with the ethical and humane standards FFeFflH±~a~es adopted by the 
eemmissieaeF 
chief 
humane 
agent 
pursuant 
to 
the 
rule-making 
provisions of the Maine Administrative Procedure Act, Title 5, 
chapter 375, after consultation with representative groups in the 
State having an interest or expertise in the field of animal 
welfare, biology and education. 
4. 
Enforcement. 
enforce this section 
Education. 
The eeFflFflissieaeF chief humane agent shall 
in consultation with the Commissioner of 
Sec. 22. 7 MRSA §§3983, 3984 and 3985, as enacted by PL 1983, 
c. 
383, 
§3 and amended by PL 1993, c. 
468, §25, are further 
amended to read: 
§3983. 
Possession of animals unlawfully detained 
The 
e9H11fl~SS~9ae;r;:r chief humane agent or 
a 
humane 
agent, 
sheriff, 
deputy sheriff, 
constable, 
police officer or 
person 
authorized to make arrests may take possession of any animals 
detained in violation of this chapter and may unload the animals 
and place 
them 
in properly equipped pens 
or other suitable 
enclosures for rest, water and feeding. 
The 
e9H1H1~SS~9ae;r;: chief 
humane agent or any person taking possession pursuant to this 
section has a lien on the animals detained for expenses incurred 
for the care given. 
§3984. 
Enforcement of lien 
The 
e9H1H1~SS~9ae;r;: chief humane agent or any person having a 
lien in accordance with section 3982 or 3983 may enforce the lien 
in the same manner as enforcements of liens on personal property 
pursuant to Title 10, chapter 631. 
§3985. 
Immunity from liability 
Neither the 
eeRlRl~SS~9ae;r;: chief humane agent nor any person 
having a lien in accordance with section 3982 or 3983 is liable 
for the detention of animals pursuant to this chapter. 
Sec. 23. 7 MRSA §3991, as amended by PL 1999, c. 547, Pt. B, 
§24 and affected by §80, is further amended to read: 
§399l. 
Regulation of research institutions 
1. 
License necessary. We 6 research or teaching institution 
of higher education may not 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 
e9R1R1~ss~eae;r;: chief humane agent. 
A 
research or teaching institution desiring to obtain a 
license 
shall make application to the eeRlRl~SS~9ae;r;: chief humane agent. On 
receipt of the application, the 
eeRlHl~SS~eae;r;: chief humane agent 
shall make or cause to be made such investigation as 
~t the chief 
humane agent considers necessary to determine whether the public 
interest will be served by the issuance of the license. 
The 
e9H11fl~SS~9ae;r;: chief humane agent may issue the license 
F;r;:ev~EleEl 
that as long as 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 
shall-se are those contained in the United States Code, Title 7, 
Section 2143 r 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 
Page ll-LRl131(1) 
order of the Federal Government or its agencies, the federal law, 
rule, regulation or order 
shall-~eveFa governs. Each research or 
teaching institution licensed under this chapter, before issuance 
of the license, shall pay to the ee~~ss~eaeF chief humane agent 
a license fee of $50. Each license shall-eHpiFe expires on June 
30th next following the date of issue. The 
ee~~ss~eaeF chief 
humane 
agent 
shall 
annually 
renew 
each 
license 
upon 
the 
application of the licensee, unless, after notice and hearing as 
provided in this chapter, 
~t; the chief humane agent finds that, 
by reason of the standards, facilities, practices or activities 
of the licensee, the renewal is not in the public interest. The 
ee~issieaeF chief humane agent, after notice and hearing as 
provided in this chapter, may modify, fail to renew, suspend or 
revoke any license if it; the chief humane agent 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. 
2. 
lfoncompliance. If, in the opinion of the 
eeHlHl~ssieae!' 
chief humane agent, there is or may be noncompliance with or a 
violation 
of 
this 
chapter 
or 
of 
any 
rule 
adopted 
by 
the 
ee~issieaeF chief humane agent that is of sufficient gravity to 
warrant further action, the 
ee~issieaeF chief humane agent may 
request 
an 
informal 
conference 
with 
the 
licensee. 
The 
ee~issieaeF chief humane agent shall provide the licensee with 
adequate notice of the conference and the issues to be discussed. 
If the 
eeHlHl~ss~eaeF chief humane agent finds that the factual 
basis of the alleged noncompliance with or violation of this 
chapter is true and may warrant further action, the 
eeHlHliss~eaeF 
chief humane agent: 
A. 
With the consent of the licensee, may enter into a 
consent agreement whieh that fixes the period and terms of 
probation best adapted to protect the health and welfare of 
animals and to rehabilitate or educate the licensee; 
B. 
In consideration for acceptance of a voluntary surrender 
of the license, may negotiate stipulations, in a 
consent 
decree to be signed by the ee~~ssieaeF chief humane agent, 
the licensee and the office of the Attorney General, whieh 
that ensure protection of the health and welfare of animals 
and 
whieh 
that 
serve 
to 
rehabilitate 
or 
educate 
the 
licensee; 
c. 
If the eeHlHlissieaeF chief humane agent concludes that 
modification or nonrenewal of the license may be in order, 
shall hold an adjudicatory hearing in accordance with the 
Maine Administrative Procedure Act, Title 5, chapter 375, 
subchapter IV ~; or 
D. 
If the 
e9H1J!l~ssieRe~ 
suspension or revocation 
file a complaint in the 
Title 4, chapter 5. 
chief humane agent concludes that 
of the license is in order, shall 
District Court in accordance with 
3. 
Grounds 
for discipline. 
The 
following 
sRa~~--ee are 
grounds for an action to modify, suspend, revoke or refuse to 
renew the license of a person licensed under this chapter: 
A. 
The practice of fraud or deceit in obtaining a license 
under this chapter or in connection with service rendered 
within the scope of the license issued; 
B. 
Any violation of this chapter or any rule adopted by the 
e9H1J!l~SS~9Be~ chief humane agent; or 
C. 
Conviction of a crime involving cruelty to animals. 
4. 
Penalty. Any person who knowingly violates this chapter 
or the rules issued pursuant to this chapter commits a civil 
violation for which the following forfeiture may be adjudged: 
A. 
For the first violation, 
a 
forfeiture not to exceed 
$100; and 
B. 
For 
each subsequent violation, 
a 
forfeiture 
not to 
exceed $250. 
5. 
Rules. The 
e9RIIRiss~9Be~ chief humane agent may adopt 
such rules as are necessary to carry out the purposes of this 
chapter. 
6. 
Inspection. In connection with the granting, continuance 
or renewal of a license and in connection with an investigation 
of alleged cruelty or alleged violation of this chapter or the 
rules issued pursuant to this chapter, the 
e9H1J!l~SS~eBe~ chief 
humane 
agent, 
at least annually, 
may visit and inspect the 
research and teaching institutions, 
animal 
research and care 
facilities 
of 
any 
licensee 
or 
of 
any 
research or 
teaching 
institution wR~eR that has applied for a license. 
Sec. 24. 7 MRSA §4001, sub-§1. as enacted by PL 1987, c. 383, 
§3 and amended by PL 1993, c. 468, §25, is further amended to 
read: 
1. 
Permit required. Any person sponsoring a calf or pig 
scramble shall obtain a permit from the eeHlJ!l~SS~9Be~ chief humane 
~ 
for each specific event at least 10 days before the event. 
Sec. 25. 7 MRSA §4001, sub-§4, as amended by PL 1997, c. 690, 
§43, is further amended to read: 
4. 
Rules. 
Each applicant obtaining a 
permit under this 
section is subject to the rules adopted by the eemmissieBeF chief 
humane 
agent 
on 
the 
weight 
and 
size 
of 
animals, 
age 
of 
participants, length of event and such other requirements as the 
eammissiaBeF chief humane agent considers necessary. 
Sec. 26. 7 MRSA §4017; as amended by PL 1997, c. 690, §46, is 
further amended to read: 
§4017. Rules 
The 
eemmissieBeF chief humane agent may adopt any rules 
necessary or useful to carry out this chapter pursuant to tHe 
MaiHe-AQmiHistFative-P~aeeaQ~e-AetT Title 5, chapter 375. 
Sec. 27. 7 MRSA §4018, sub-§I, as enacted by PL 2001, c. 422, 
§11, is amended to read: 
1. 
Report 
by veterinarian. 
A veterinarian licensed 
in 
accordance with Title 32, chapter 71-A who, while acting in a 
professional capacity, has reasonable cause to suspect that an 
animal is the subject of cruelty or neglect in violation of this 
chapter 
or Title 
17, 
chapter 
42, 
may 
report 
the 
suspected 
violation 
to 
the 
e9mmissiaHe~ 
chief 
humane 
agent, 
the 
eammissiaBeF.!.s chief humane agent's designee, an animal control 
officer, attorney for the State or law enforcement officer. 
A 
veterinarian making a report under this section may appear and 
testify in a judicial or administrative proceeding concerning the 
condition or care of the animal. 
Sec. 28. 17 MRSA §1011, sub-§9-A is enacted to read: 
9-A. 
Chief humane agent. 
"Chief humane agent" means the 
chief humane agent within the Department of Agriculture, Food and 
Rural Resources. 
Sec. 29. 17 MRSA §1011. sub-§l1, as enacted by PL 1987, c. 
383, §4, is repealed. 
Sec. 30. 17 MRSA §1021. sub-§I, as amended by PL 1997, c. 690, 
§62, is further amended to read: 
1. 
Possession. 
A 
state 
veterinarian, 
humane 
agent, 
sheriff, 
deputy 
sheriff, 
constable, 
police 
officer, 
animal 
control 
officer, 
person 
authorized 
to 
make 
arrests 
or 
the 
eemmissieBeF chief humane agent may apply to the District Court 
or the Superior Court for authorization: 
A. 
To take possession of any maimed, disabled, diseased, 
dehydrated, 
malnourished or injured animal or any animal 
whose owner has cruelly abandoned or cruelly treated it and 
turn over the animal to the applicant or other suitable 
person; or 
B. 
To cause the animal to be disposed of humanely. 
Sec. 31. 17 MRSA §1021, sub-§4, 1rA, as enacted by PL 1997, c. 
690, §63, is amended by amending the first paragraph to read: 
A. 
A state veterinarian, 
humane 
agent, 
sheriff, 
deputy 
sheriff, constable, police officer, animal control officer, 
person authorized to make arrests or the eeRURissieaef' chief 
humane agent may apply to the District Court, Superior Court 
or 
a 
justice of 
the 
peace 
for 
an 
ex 
parte order 
for 
authorization to take possession of any maimed, 
disabled, 
diseased, dehydrated, malnourished or injured animal or any 
animal whose owner has cruelly abandoned or cruelly treated 
it and turn it over to the applicant or any other suitable 
person. 
Sec. 32. 17 MRSA §1022, as amended by PL 1997, c. 690, §65, 
is further amended to read: 
§1022. 
Prevention of cruelty 
The eeRURissieaef' chief humane agent or any person authorized 
to 
make 
arrests 
may 
lawfully 
interfere 
to 
prevent 
the 
perpetration of 
any 
act 
of cruelty upon 
an 
animal 
in that 
person's presence. 
Sec. 33. 17 MRSA §1023. as repealed and replaced by PL 200L 
c. 422, §13, is amended to read: 
§1023. 
Investigation and reporting of cruelty 
1. 
Investigations; 
reports. 
Law 
enforcement 
officers, 
animal 
control officers 
and 
humane 
agents 
shall 
investigate 
alleged violations of Title 7, chapter 739 and this chapter. 
The 
eeRURissieaef' chief humane agent shall maintain a record of each 
alleged case of cruelty to animals 
investigated by 
a 
humane 
agent. 
The eemmissieaef' chief humane agent shall report annually 
on the disposition of cases as required under Title 7, section 
3906-B. 
A 
law 
enforcement 
officer 
or 
animal 
control 
officer 
who 
investigates a case of alleged cruelty to animals and pursues a 
civil or criminal action based on that investigation shall report 
Page l5-LRl131(1) 
to the eEllMlissiElBel'i' chief humane agent on the final disposition 
of the case. 
3. Cooperation between agencies. 
For the purposes of this 
section, law enforcement officers, the eelMlissieBel'i' chief humane 
agent or the 
eelMlissieBel'i'~S chief humane agent's designee, humane 
agents, 
a 
state 
veterinarian 
and 
certified 
animal 
control 
officers may exchange information and reports pertaining to an 
investigation of cruelty to animals pursuant to Title 16, chapter 
3, subchapter V±±± ~. 
Sec. 34. 17 MRS A §1042, sub-§3, as amended by PL 1995, c. 490, 
§27, is further amended to read: 
3. 
Administration by licensed veterinarian. 
Administration 
may only be by a licensed veterinarian or by a person trained for 
this purpose who is certified by the eelMlissie:ael'i' chief humane 
agent and subject to regular observation concerning continued 
efficiency. 
A person certified under this subsection may only 
euthanize animals that are vested to an animal shelter. 
A person 
certified to perform euthanasia may not euthanize an animal if, 
by performing that euthanasia, 
the person is in violation of 
Title 32, chapter 71-A. 
SUMMARY 
This bill transfers the authority for enforcing the Animal 
Welfare Act from the Commissioner of Agriculture, Food and Rural 
Resources to the newly created chief humane 
agent within the 
Department of Agr icul ture, Food and Rural Resources. 
The chief 
humane agent shall report to the joint standing committee of the 
Legislature having jurisdiction over agricultural matters and to 
the Animal Welfare Advisory Council.