An Act To Strengthen the Animal Welfare Laws
Maine Legislature, Session 122, LD 1473
Committee: Agriculture, Conservation and Forestry
Sponsors: PIOTTI, GERZOFSKY, JODREY, PINEAU
Amends: 7 MRSA §3907, 7 MRSA §3909, 7 MRSA §3922, 7 MRSA §3923-C, 7 MRSA §3935, 7 MRSA §3940, 7 MRSA §4, 7 MRSA §4152, 17 MRSA §1011, 17 MRSA §1027, 17 MRSA §1031

Legislative Document 
No. 1473 
H.P.1036 
House of Representatives, March 24, 2005 
An Act To Strengthen 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 Representative PIOTTI of Unity. 
11l~1?1.17!~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: GERZOFSKY of Brunswick, JODREY of Bethel, PINEAU 
of Jay. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 7 MRSA §3907, sub-§8-A, as amended by PL 1997, c. 690, 
§4, is further amended to read: 
8-A. 
Breeding kennel. 
"Breeding kennel" means a facility 
operated for the purpose of breeding or buying, selling or in any 
way exchanging dogs or cats for value that exchanges more than 19 
Qe~s-e~-19-ea~s 2 litters of dogs or cats in a 12-month period. 
Sec. 2. 7 MRSA §3909. sub-§I, as enacted by PL 1997, c. 456, 
§3, is amended to read: 
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 ~Bis-Ae~ an animal welfare law, a 
rule adopted pursuant to 
~Bi5--Ae~ an animal welfare law or a 
condition of an order, license or permit approved or decision 
issued by the commissioner pursuant to ~Bis-Ae~ an animal welfare 
law, or that constitutes a violation of eBap~e~-~~~~--~~~~-11T 
eBap~e-F- - 4 ~ an animal c rue 1 ty 1 aw that the commi s s i one r has the 
authority 
to 
enforce, 
the 
Attorney 
General 
or 
a 
District 
Attorney, 
at the 
request of the 
commissioner, 
may 
institute 
proceedings before the District Court or Superior Court for an 
order 
enJo~n~ng those acts or practices; 
an order directing 
compliance or 
imposing 
a 
civil or 
criminal 
penaltYT 
or 
any 
combination of these actions, as provided by law. 
Upon a showing 
by the commissioner 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. 
Sec.3. 7 MRSA §3922, sub-§§7 and 8 are enacted to read: 
7. 
Rabies vaccination required. 
A person owning, harboring 
or keeping a dog shall, within 30 days after the dog obtains the 
age of 6 months, cause the dog to be immunized against rabies in 
accordance with rules adopted by the CommissiOner of Health and 
Human Services, except the requirement of immunization may be 
waived by the clerk under subsection 3 . 
Rules adopted pursuant 
to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
8. 
Enforcement. 
Failure 
to 
display 
valid 
proof 
of 
immunization against rabies to a law enforcement officer, state 
humane agent or animal control officer is .prima facie evidence of 
a lack of vaccination. 
Sec. 4. 7 MRSA §3923-C, sub-§6 is enacted to read: 
Page l-LR0310(1) 
6. 
Late fees. 
A late fee of $25 in addition to the annual 
fee must be paid by a person that fails to obtain a municipal 
kennel license by January 31st of each year as reguired in this 
section. 
The late fee must be deposited in the municipality's 
animal welfare account established pursuant to section 3945. 
Sec. 5. 7 MRSA §3935, as amended by PL 1993, c. 657, §35, is 
further amended to read: 
§3935. License prohibited 
The 
department 
may 
not 
issue 
a 
license 
to 
maintain 
a 
boarding kennel, breeding kennel or pet shop to a person who, 
within the 
years 
previous 
to 
the 
application for 
the 
license, has been convicted of a-~~~mi£a~-~~~~~-~~~-~it±e 
1+r-eaapteF-46 a violation of an animal cruelty law or rule, or 
~BeeF of a criminal law involving cruelty to animals that is no 
longer in effect, or within 6 ~ years previous to the application 
for the license, has been adjudicated of a civil violation for 
eF~e±ty--t-€>--a&ima1-s---l:I.fH~e.£--ohap-t-€-r--+6g any animal cruelty law or 
rule. 
Sec.6. 7 MRSA §3940 is enacted to read: 
§3940. 
Late fees 
A late fee of 
50q,o of the annual fee, in addition to the 
annual fee, must be paid by a person that fails to obtain the 
proper facility license by January 31st of each year or the 
expiration date of the facility licensed as prescribed by law. 
This late fee applies to all facilities as described in section 
3931-A, 
3931-B, 
3932, 
3932-A or 3933. 
The late fee must be 
deposited in the 
Animal 
Welfare 
Fund established in section 
3906-B. 
Sec. 7. 7 MRSA §4i52, sub-§l, "C and D, as amended by PL 1997, 
c. 690, §51, are further amended to read: 
c. 
A pet dealer who represents an animal as eligible for 
registration with 
an 
animal 
pedigree 
organization shall 
provide the retail purchaser with 
a 
notice stating that 
pedigree registration does not assure health or quality of 
an animal; aBe 
D. 
The pet dealer shall indicate whether or not, to the pet 
dealer's 
knowledge, 
the 
animal 
or its sire or 
dam 
is 
registered with, and whether the animal is certified bYL any 
organization 
that 
maintains 
a 
registry 
pertaining 
to 
congenital or hereditary problems and explain the meaning of 
these termsT~ 
Sec. 8. 7 MRSA §4152, sub-§l, ~E is enacted to read: 
E. 
The pet dealer shall provide the purchaser a list of 
congenitQ~~~~r~_g~tary 
probl~ms 
as 
listed 
by 
an 
organization or registry that are known to affect the breed 
being purchased. 
The~-.dealer sha,J,l provide the purchaser 
a list of any health problems for which the dealer does not 
warranty the animal. 
Sec. 9. 7 MRSA §4152, sub-§2, as enacted by PL 1995, c. 589, 
§1, is repealed. 
Sec. 10. 17 MRSA §1011. sub-§l-A is enacted to read: 
1-A. 
Abandonment. 
"Abandonment" or "abandon" means: 
A. 
The 
relinq)J.i@lnep~ntix-eJ--y-of all right, 
claim or 
possession of an animal by the owner or the owner' s agent 
with the intention of not reclaiming the animal or resuming 
ownership 
of, 
responsibility 
for 
or 
possession 
of 
the 
animal; or 
B. 
The leaving of an animal in an animal care facility, 
licensed 
kennel, 
licensed 
shelter, 
boarding 
facility, 
veterinarian's office, animal grooming facility or licensed 
animal day care center by a person unknown or by an owner or 
keeper who, when leaving the animal, gives a false name or 
false address. 
Before any animal may be considered abandoned by virtue of this 
subsection, a facility shall send written notice, by registered 
or certified mail, 
return receipt requested, 
to the owner or 
keeper at the owner' s or keeper' s last known address. 
Proof of 
attempted delivery constitutes sufficient notice. 
Sec. 11. 17 MRS A §lOl1, sub-§8-A, as amended by PL 1997, c. 
690, §56, is further amended to read: 
8-A. 
Breeding kenne1. 
"Breeding kennel" means a facility 
operated for the purpose of breeding or buying, selling or in any 
way exchanging dogs or cats for value that exchanges more than le 
Qe~S-eF-~9-ea~s 2 litters of dogs or cats in a 12-month period. 
Sec. 12. 17 MRSA §1027 is enacted to read: 
§1027. 
Impersonating humane agent 
1. 
ImpersoJ;!.~tin~JlIII~gent. 
A person is guilty of 
impersonating a humane agent or an employee of an animal welfare 
program developed by the COlTlJllissioner of Agriculture, Food and 
Rural Resources pursuant to Title 7, section 3902 if that person 
falsely pretends to be a humane agent or employee of the animal 
welfare program and engages in any conduct in that capacity with 
the intent to deceive anyone. 
2. 
Offi~~ __ ~~~~~j~~~~~. It is not a de(ense to~osecution 
under this section that the office the person pretended to hold 
did not in fact ex~ 
3. 
Violation. 
A violation of this section is a Class D 
crime. 
Sec. 13. 17 MRSA §1031. sub-§3-B.,D is enacted to read: 
D. 
If the Stat~leads and prov~s that an animal died as a 
result of abandonment, the defendant is guilty of a Class C 
crime. 
Sec. 14. 17 MRSA §§1038 and 1039 are enacted to read: 
§1038. 
Abandoned animals 
1. 
Animal cr~~. A person who has possession or control 
of an animal and who abandons that anim.al on a street, road or 
highway, in a parking lot or in a public place or on private 
property, in an abandoned motor vehicle or in a dwelling or any: 
other building or structure without providing for the care and 
necessities of life of that animal is guilty of the offense of 
cruelty to animals as provided in section 1031. 
2. 
Ab~QQ~e~~imq~ __ 
~n animal is considered abandoned if 
the animal is placed in the custody of a licensed veterinarian 
for treatment, boardinS--Qr other care or in a licensed kenneL 
licensed 
boarding 
facility, 
licensed 
animal 
shelter, 
animal 
grooming 
facility or 
licensed animal 
day-care center 
and is 
unclaimed by the animal's owner or the owner's agent for a period 
of more than 10 days after written notice is sent by the facility 
by registered or certified mail, return receipt reguested, to the 
owner or the owner's agent at the owner's last known address. 
Proof of attempted delivery constitutes sufficient notice. 
3. 
Disposal. 
The disposal of an abandoned animal under 
this section does not relieve the owne~ keeper or agent of the 
animal of any financial obl.1gg.tion, including, but not limited 
to, costs incurred for treatment. boarding or ca~e. 
4. 
Violation. 
A violation of this section is a Class D 
crime. 
In addition to the penalties provided in Title 17-A, 
section 1152, the penalties in section 1031, subsection 3-B also 
apply. 
§I039. 
Owner of abandoned animals 
After 
the 
10-day 
notice 
provided 
in 
section 
1038 
has 
expired, the facility or individual who has custody and control 
of the animal is considered the owner of the animal and shall 
arrange 
for 
its 
care, 
including, 
but 
not 
limited 
to, 
its 
adoption, sale or placement with a licensed animal shelter. 
SUMMARY 
This 
bill 
amends· the 
animal 
welfare 
laws 
by 
adding 
provisions dealing with abandoned animals and 
impersonating a 
state 
humane 
agent. 
The 
bill 
provides 
a 
definition 
for 
"abandonment" and "abandon" and provides penalties if convicted 
of abandoning animals and impersonating a state humane agent. 
The bill clarifies several definitions and adds late fees 
for facility licenses.