An Act To Strengthen the Animal Welfare Laws
Maine Legislature, Session 122, LD 1473
Committee Amendment CA_A_H502 (House)
Amends: 7 MRSA §3909, 7 MRSA §3916, 7 MRSA §3935-A

COMMITTEE AMENDMENT "A" to H.P. 1036, 
Act To Strengthen the Animal Welfare Laws" 
L.D. 1473, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 7 MRSA §3909, sub-§I, as enacted by PL 1997, c. 456, 
§3, is amended to read: 
1. 
Attorney Genera1 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 
Ae~ Part, a rule adopted 
pursuant to this Ae~ Part or a condition of an order, license or 
permit approved or decision issued by the commissioner pursuant 
to this Aet Part, or that constitutes a violation of eaa~teF-+39 
e~ Title 17, chapter 42, 
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 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 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. 2. 7 MRSA c. 720, as amended, 
is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1036, L.D. 1473 
CHAPTER 720 
RABIES PREVENTION AND SHELTER PROVISIONS 
Sec.3. 7 MRS A §3916, sub-§l-A is enacted to read: 
1-A. 
Required for dogs. 
A person owning or keeping a dog, 
except for a wolf hybrid, shalL within 30 days after the dog 
attains the aae of 6 months, 
cause the dog to be immunized 
against rabies and shall have booster vaccinations administered 
periodically in accordance with rules adopted by the Commissioner 
of Health and Human Services under section 3922, subsection 3. 
Sec. 4. 7 MRSA §3916, sub-§2, as amended by PL 1997, c. 704, 
§4, is further amended to read: 
2. 
Certificate. 
A licensed veterinarian who vaccinates or 
supervises the vaccination of a cat or dog shall issue to the 
owner or keeper a certificate of rabies vaccination approved by 
the State and shall indicate on the certificate the date by which 
a booster vaccination is required pursuant to subsection I or I-A. 
Sec. 5. 7 MRSA §3916, sub-§3, as amended by PL 1995, c. 490, 
§7, is further amended to read: 
3. 
Enforcement. 
A humane agent, an animal control officer 
or a law enforcement officer may ask an owner or keeper of a cat 
or dog to present proof of a certificate of rabies vaccination 
from the State. 
Sec. 6. 7 MRSA §3916, sub-§4, as amended by PL 1997, c. 704, 
§5, is further amended to read: 
4. 
Exception. 
Notwithstanding 
any 
provision 
of 
this 
chapter, an animal shelter operated by a nonprofit organization 
is not required to vaccinate an abandoned or stray cat or dog 
received by the shelter. 
An owner or keeper of a cat is exempt from the requirements of 
subsection 1 if a 
medical 
reason exists that precludes 
the 
vaccination of the cat. 
To qualify for this exemption, the owner 
or keeper must have a written statement signed by a licensed 
veterinarian that includes a description of the cat and the 
medical reason that precludes the vaccination. 
Sec. 7. 7 MRS A §3923-C, sub-§6 is enacted to read: 
6. 
Late fees. 
A late fee of $25 in addition to the annual 
fee must be paid by a person who fails to obtain a municipal 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 't\" to H.P. 1036, L.D. 1473 
kennel license by January 31st of each year as required in this 
section. 
The late fee must be deposited in the municipality's 
animal welfare account established pursuant to section 3945. 
Sec. 8. 7 MRS A §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 kenne1. breeding kennel or pet shop to a person who, 
within the 5 years previous to the application for the license, 
has been convicted of 
a 
criminal violation under Title 17, 
chapter 42, or under a criminal law involving cruelty to animals 
that is no longer in effect, or within 2 years previous to the 
application for the license, has been adjudicated of a civil 
violation for cruelty to animals under chapter 739. 
Sec. 9. 7 MRSA §3935-A is enacted to read: 
§3935-A. 
Late fees 
A person maintaining a facility required to be licensed 
under this chapter shall pay a late fee equal to 
50~o of the 
required license fee if that person fails to renew a license 
within 30 days of that license's expiration date. 
The late fee 
must be deposited in the Animal Welfare Fund established in 
section 3906-B. 
Sec. 10. 17 MRS A §1031, sub-§I, ,n-2 is enacted to read: 
D-2. 
Abandons an animal in violation of paragraph D and 
that animal dies as a result. 
Violation of this paragraph 
is a Class C crime; 
Sec. II. 17 MRSA §I038 is enacted to read: 
§1038. 
Animals abandoned at animal care facilities 
Abandoning an animal at a veterinarian's office, boarding 
kennel, animal grooming facility or animal day-care facility is a 
Class D crime. 
1. 
Determination of 
abandonment. 
There 
is 
a 
rebuttable 
presumption of abandonment if an owner: 
A. 
Places 
an 
animal 
in 
the 
custody 
of 
a 
licensed 
veterinarian for treatment, boarding or other care, 
or in a 
boarding kennel, animal grooming facility or animal day-care 
facility for services offered by that facility; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A " to H.P. 1036, L.D. 1473 
B. Fails to claim the animal within 10 days after written 
notice is sent in accordance with subsection 2. 
2. 
Notice requirement. 
Before any animal may be considered 
abandoned under this section, a veterinarian's office, boarding 
kennel, 
animal grooming facility or animal 
day-care 
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. 
3. Ownership of abandoned animal. 
When an owner or keeper 
fails to claim an animal within 10 days of a notice's being sent 
under 
subsection 
2, 
the 
veterinarian, 
kennel, 
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. 
4. 
Financial obligation. 
The disposal of 
an 
abandoned 
animal under this section does not relieve the owner or keeper of 
the 
animal 
of 
any 
financial 
obligation, 
including, 
but not 
limited to, costs incurred for veterinary treatment. boarding, 
grooming or other care. 
5. 
Penalty. In addition to the penalties provided in Title 
l7-A 
for 
a 
Class 
D 
crime, 
the penalties 
in section 1031, 
subsection 3-B also apply.' 
SUMMARY 
This amendment replaces the bill and: 
1. 
Corrects a reference; 
2. 
Establishes a rabies vaccination requirement for dogs 
independent of the dog licensing law. This requirement does not 
apply to wolf hybrids; 
3. 
Establishes a late fee for failure to renew a kennel 
license within 30 days of license expiration; 
4. 
Prohibits the Department of Agriculture, Food and Rural 
Resources 
from issuing a 
license for 
a breeding kennel to a 
person convicted or adjudicated of animal cruelty violations; 
5. 
Establishes a late fee for failure to renew an animal 
facility's license within 30 days of a license expiration; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1036, L.D. 1473 
6. 
Makes abandonment a Class C crime if the animal dies as 
a result of abandonment; and 
7. 
Makes it a Class D crime to abandon an animal at a 
veterinarian's office, boarding kennel, animal grooming facility 
or 
animal 
day-care facility. 
It establishes 
a 
process 
for 
notification of an owner and disposition of an abandoned animal. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/23/05 hac 
LD 1473 
LR 0310(02) 
An Act To Strengthen the Animal Welfare Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Undetermined current biennium revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new Class C and D crimes; increases correctional and judicial costs 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Establishing certain late fees pertaining to animal facilities licensed by the department will increase Other Special 
Revenue Funds revenue collected by the Department of Agriculture, Food and Rural Resources for the Animal 
Welfare Fund; the amounts will depend on the number of late fees that are incurred and can not be determined at this 
time. Any additional costs to the Department of Health and Human Services in adopting required rules can be 
absorbed by the department utilizing existing resources. 
LR031O(2) - Fiscal Note - Page 1 of 1