An Act Amending the Animal Welfare Laws
Maine Legislature, Session 122, LD 1881
Committee: Agriculture, Conservation and Forestry
Sponsors: PIOTTI
Amends: 7 MRSA §3907, 7 MRSA §3910, 7 MRSA §3931-A, 7 MRSA §4019, 17 MRSA §1011, 17 MRSA §1039

Legislative Document 
No.lSSl 
H.P.1321 
House of Representatives, January 3, 2006 
An Act Amending the Animal Welfare Laws 
Submitted by the Department of Agriculture, Food and Rural Resources pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 28,2005. 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 Representative PIOTTI of Unity. 
Printed on recycled paper 
77/~ 
/J7.7Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3907. sub-§5-A. as amended by PL 1993, c. 657, 
§3, is further amended to read: 
5-A. 
Animal shelter. 
"Animal shelter" means 
a facility 
that 
~Re~~Qes--a--~~~~~--~~~~~-~--~~-~~--a--pBys~eal 
s~F~e~~Fe-~~-~~~-~empepapy-e~-~~-~~~~-~e houses 
or 
more 
weaned 
animals 
and 
operates 
for 
the 
purpose 
of 
providing stray, abandoned, abused or owner-surrendered animals 
with sanctuary or finding the animals temporary or permanent 
adoptive homes. 
Sec. 2. 7 MRSA §3907, sub-§7, as enacted by PL 1987, c. 383, 
§3, is repealed. 
Sec. 3. 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 
epeFa~eQ where 5 or more dogs, wolf hybrids or cats are kept in a 
single location for the purpose of breeding or buying, selling or 
in any way exchanging dogs, wolf hybrids or cats for value taat 
eHeBaR~es-meFe-~aaR-*e-Qe~S-eF-*e-ea~s-~R-a-*6-meR~B-pe~~eQ. 
Sec. 4. 7 MRSA §3907, sub-§II-A, as enacted by PL 2003, c. 
682, §3, is amended to read: 
II-A. 
Companion animal. 
"Companion animal" means a cat EH:L 
dog or any animal kept as a pet. 
Sec. 5. 7 MRSA §3907. sub-§l1-B is enacted to read: 
II-B. 
Companion livestock. 
"Companion 
liyestock" 
means 
livestock treated as pets and not used, possessed or kept for 
commercial or agricultural purposes. 
Sec. 6. 7 MRSA §3907, sub-§ll-C is enacted to read: 
C. 
Council. 
"Council" means the Animal Welfare Advisory 
Council as established by Title 5, section 12004 I, subsection 
2-C or its duly authorized agent. 
Sec. 7. 7 MRSA §3907, sub-§12-B, as enacted by PL 1995, c. 
490, §3, is amended to read: 
l2-B. 
Foster home. 
"Foster 
home" 
means 
a 
facility or 
private residence that ~Relyae6-a-phy~~~~-~~~~~~-~~~-e~-a 
pBys~eal-~~-u£~-u-r~-and--tBat--£~~;;)£~-s---i-t-h--aR--an-i~-~~~~-te 
pFev~ae provides temporary shelter te for 
up to 4 
companion 
Page l-LR2727(1) 
• 
animals or 3 companion animals and 3 unweaned litters of stray, 
abandoned, 
abused or owner-surrendered companion animals in a 
calendar year. 
Sec. 8. 7 MRSA §3910-8, sub-§I, as amended by PL 2005, c. 281, 
§5, is further amended to read: 
1. 
Establishment. 
There 
is 
established 
the 
Companion 
Animal Sterilization Fund, an interest-bearing account, referred 
to in this section as 
"the fund." 
The 
fund receives 
money 
deposited by the Treasurer of State pursuant to Title 36, section 
5284-A, revenues generated in accordance with this section, all 
revenue 
from 
the 
surcharges 
collected 
under 
seetieR--6961-A T 
s\:laSeetieR--4--aRs section 3933, subsection 4, money transferred 
from the Animal Welfare Fund in accordance with section 3906-8, 
subsection 2 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 for the spaying or neutering of 
companion animals owned by persons meeting income limit standards 
and 
for 
the 
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. 
Sec. 9. 7 MRSA §3931-A. sub-§4. as enacted by PL 2005, c. 281, 
§6. is repealed. 
Sec. 10. 7 MRSA §4019 is enacted to read: 
§4019. 
Endangerment 
l. 
~elfare 
person: 
Endangermen~t~.L--2A~~ppe~r~s~o~n __ ~i~s~g~u~i~l~t~y~~o~f~~e~n~d~a~n~g~e~r~i~n~g~~t~h~e 
of a 
companion animal or companion livestock if that 
A. 
Knowingly or recklessly acts in a manner likely to be 
injurious to the physical welfare of a companion animal or 
companion livestock; or 
8. 
Is an owner or keeper legally charged with the care or 
£ustody of a 
companion animal or companion livestock and 
fails or refuses to exercise reasonable diligence, care or 
control in any action that places in jeopardy the physical 
well-being of the companion animal or companion livestock. 
~----!{v.sbaJlJisy_-p!:actices ex~~-pted. 
This se.gJ_on maY-1!Q_t be 
construed to prohibit normal and accepted practices of animal 
husbandry. 
Sec. 11. 17 MRSA §1011~ sub-§5-A, as amended by PL 1993, c. 
657, §44, is further amended to read: 
5-A. 
Animal shelter. 
"Animal shelter" means 
a 
facility 
that 
iRelQees--a--~~~~~--~~~~~-~--~r~-~~--a--physieal 
st~QetQ~e-~~-~~~-tempeFaFy-e£-~~-~~~~-te houses 
or 
more 
weaned 
animals 
and 
operates 
for 
the 
purpose 
of 
providing stray, 
with sanctuary 
adoptive homes. 
abandoned, 
or finding 
abused or owner-surrendered animals 
the animals temporary or permanent 
Sec. 12. 17 MRSA §1011, sub-§8-A, as amended by PL 1997, c. 
690, §S6, is further amended to read: 
8-A. 
Breeding kennel. 
"Breeding kennel" means a facility 
epe~atee where 5 or more dogs, wolf hybrids or cats are kept in a 
single location for the purpose of breeding or buying, selling or 
in any way exchanging dogs, wolf hybrids or cats for value that 
eHehaR~es-me~e-thaR-±e-ee~s-e~-±e-eats-iR-a-±6-meRth-peFiee. 
Sec. 13. 17 MRSA §1039 is enacted to read: 
§1039. 
Endangerment 
","1,-"._~E,..ndang~J;me 
.... 
n""'t"'-'L---"A""--I:ep,,,e,-,,r,-,,s,-,o,,-,n",-------,,i,-,,sL-~g1.li 1 ty 
f 
endange ri ng the 
welfare of a 
companion animal or companion livestock if that 
person: 
A. 
Knowingly or recklessly acts in a manner likely to be 
injurious to the physical welfare of a companion 
animal_~QX 
companion livestock; or 
B. 
Is an owner or keeper legally charged with the care or 
custody of a 
companion animal or companion Ii vestock _~1!9 
fails or refuses to exercise reasonable diligence, care or 
control in any action that places in jeopardy the physicaJ 
well-being of the companion animal or companion livestock. 
2. 
Definitions. 
As 
used 
in 
this 
section, 
"companion 
animal" has the same meaning as set out in Title 7, section 3907, 
subsection 11 A and "companion livestock" has the same meaning as 
set out in Title 7, section 3907, subsection II-B. 
3. 
Husbandry practices excepted. 
This section may not be 
construed to prohibit normal and accepted practices of animal 
husbandry. 
4. 
Penalty. 
Endangering the welfare of a companion animal 
or companion livestock is a Class D crime. 
• 
• 
Sec. 14. 19·A MRSA §4007, sub·§I, 1JL, as enacted by PL 1995, 
c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
L. 
Ordering 
dismissed, the 
the 
defendant 
or, 
if 
the 
plaintiff to pay court costs 
complaint 
is 
or reasonable 
attorney's fees; SF 
Sec. 15. 19·A MRSA §4007, sub·§I, 1JM, as enacted by PL 1995, 
c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
laws. 
M. 
Entering 
any 
other 
orders 
determined 
necessary 
or 
appropriate in the discretion of the courtTL-Q£ 
Sec. 16. 19·A MRSA §4007, sub.§I, 1JN is enacted to read: 
N. 
Entering 
an 
order 
concerning 
the 
control 
of 
any 
companion 
animal 
or 
care, 
custody 
or 
companion 
livestock 
owned, possesse<L- leased, kept or held 
minor child residing in the household. 
by either party or a 
SUMMARY 
This bill amends several provisions of the animal welfare 
1. 
It amends the definition sections in the animal welfare 
laws in the Maine Revised Statutes, Title 7 and Title 17 to enact 
definitions for "companion livestock" and for "council" as being 
:10 
the Animal Welfare Advisory Council; 
to amend definitions for 
"animal 
shelter," 
"breeding 
kennel," 
"companion 
animal" 
and 
"foster home"; and to remove an obsolete reference to the Animal 
Welfare Board. 
2. 
It 
repeals 
the 
surcharge 
currently 
assessed 
for 
unneutered cats and dogs sold by a breeding kennel. 
3. 
It enacts a civil violation and a crime of endangering 
the welfare of a companion animal or companion livestock. 
4. 
It amends the domestic relations laws providing relief 
from abuse to allow judges to write protection from abuse orders 
to protect both companion animals and companion livestock.