An Act To Implement the Recommendations of a Task Force Convened To Evaluate and Recommend Revisions Regarding the Statutory Definition of "Service Dog
Maine Legislature, Session 123, LD 2285
Committee: Labor
Amends: 5 MRSA §4553, 5 MRSA §4582-A, 5 MRSA §4592, 7 MRSA §3907, 7 MRSA §3922, 7 MRSA §3923-A, 7 MRSA §3961-A, 17 MRSA §1011, 17 MRSA §1312, 17 MRSA §1314-A, 17 MRSA §3966, 26 MRSA §1420-A, 26 MRSA §1420-D

Legislative Document 
No. 2285 
H.P.1648 
House of Representati ves, March 31, 2008 
An Act To Implement the Recommendations of a Task Force 
Convened To Evaluate and Recommend Revisions Regarding the 
Statutory Definition of "Service Dog" 
Reported by Representative SMITH of Monmouth for the Joint Standing Committee on 
Business, Research and Economic Development pursuant to Resolve 2007, chapter 96. 
Reference to the Committee on Labor suggested and ordered printed under Joint Rule 218. 
Printed un recycled p.lpef 
1J1~ 
frJ.17lt!C~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 5 MRSA §4553, sub-§9-D is enacted to read: 
9-D. Service animal. "Service animal" means: 
A. Any animal that has been determined necessary for an individual with a physical 
or mental disability by a physician, psychologist, physician's assistant, nurse 
practitioner or licensed social worker; or 
B. Any animal individually trained to do work or perform tasks for the benefit of an 
individual with a physical or mental disability, including, but not limited to, guiding 
individuals with impaired vision, alerting individuals who are deaf or hard of hearing 
to intruders or sounds, providing reasonable protection or rescue work, pulling a 
wheelchair or fetching dropped items. 
Sec. 2. 5 MRSA §4582-A, sub-§l, as amended by PL 2007, c. 243, §2, is further 
amended to read: 
1. Modifications. For any owner, lessee, sublessee, managing agent or other person 
having the right to sell, rent, lease or manage a housing accommodation or any of their 
agents to refuse to permit, at the expense of a person with physical or mental disability, 
reasonable modifications of existing premises occupied or to be occupied by that person 
if the modifications may be necessary to give that person full enjoyment of the premises, 
except that, with a rental, the landlord, when it is reasonable to do so, may condition 
permission for a modification on the renter's agreeing to restore the interior of the 
premises to the condition that existed before the modification, reasonable wear and tear 
excepted; ef 
Sec. 3. 5 MRSA §4582-A, sub-§2, as amended by PL 2007, c. 243, §3, is further 
amended to read: 
2. Accommodations. For any owner, lessee, sublessee, managing agent or other 
person having the right to sell, rent, lease or manage a housing accommodation or any of 
their agents to refuse to make reasonable accommodations in rules, policies, practices or 
services when those accommodations are necessary to give a person with physical or 
mental disability equal opportunity to use and enjoy the housing~ ; or 
Sec. 4. 5 MRSA §4582-A, sub-§3 is enacted to read: 
3. Service animals. For any owner, lessee, sublessee, managing agent or other 
person having the right to sell, rent, lease or manage a housing accommodation or any of 
their agents to refuse to permit the use of a service animal or otherwise discriminate 
against an individual with a physical or mental disability who uses a service animal at the 
housing accommodation unless it is shown by defense that the service animal poses a 
direct threat to the health or safety of others or the use of the service animal would result 
in substantial physical damage to the property of others or would substantially interfere 
with the reasonable enjoyment of the housing accommodation by others. The use of a 
service animal may not be conditioned on the payment of a fee or security deposit, 
Page I - 123LR3591(OI)-1 
although the individual with a physical or mental disability is liable for any damage done 
to the premises or facilities by such a service animal. 
Sec. 5. 5 MRS A §4592, sub-§6, as enacted by PL 1995, c. 393, §24, is amended 
to read: 
6. Association. For a covered entity to exclude or otherwise deny equal goods, 
services, facilities, privileges, advantages, accommodations or other opportunities to an 
individual or entity because of the known disability of an individual with whom the 
individual or entity is known to have a relationship or association; aOO 
Sec. 6. 5 MRS A §4592, sub-§7, as enacted by PL 1995, c. 393, §24, is amended 
to read: 
7. Administrative methods. For an individual or an entity, directly or through 
contractual or other arrangements, to utilize standards or criteria or methods of 
administration: 
A. 
That have the effect of discrimination on the basis of disability; or 
B. 
That perpetuate the discrimination of others who are subject to common 
administrative control~ ; and 
Sec. 7. 5 MRSA §4592, sub-§8 is enacted to read: 
8. Service animals. For any public accommodation or any person who is the owner, 
lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any 
place of public accommodation to refuse to permit the use of a service animal or 
otherwise discriminate against an individual with a physical or mental disability who uses 
a service animal at the public accommodation unless it is shown by defense that the 
service animal poses a direct threat to the health or safety of others or the use of the 
service animal would result in substantial physical damage to the property of others or 
would substantially interfere with the reasonable enjoyment of the public accommodation 
by others. The use of a service animal may not be conditioned on the payment of a fee or 
security deposit, although the individual with a physical or mental disability is liable for 
any damage done to the premises or facilities by such a service animal. 
Sec. 8. 7 MRS A §3907, sub-§13, as enacted by PL 1987, c. 383, §3, is amended 
to read: 
13. Service dog kept for breeding purposes. "Gffide Service dog or hearing dog 
kept for breeding purposes" means a male or female dog owned by a nonprofit 
organization for the purpose of producing puppies to be trained as gtHde service dogs er 
hearing dogs and living with a resident of the State. 
Sec. 9. 7 MRSA §3907, sub-§14, as enacted by PL 1987, c. 383, §3, is amended 
to read: 
14. Service dog kept prior to training. "Gffide Service dog or hearing dog kept 
prior to training" means a dog under 18 months of age, owned by a nonprofit organization 
for the purpose of training as a gffitie service dog or hearing dog and living temporarily 
with a resident of the State prior to training. 
Sec. 10. 7 MRSA §3907, sub-§24-A is enacted to read: 
24-A. Service dog. "Service dog" means a dog that meets the definition of "service 
animal" set forth in Title 5, section 4553, subsection 9-D. 
Sec. 11. 7 MRSA §3922, sub-§4, as amended by PL 1995, c. 409, §4, is further 
amended to read: 
4. Service dogs. If a trained service dog has not been previously registered or 
licensed by the municipal clerk to whom the application is being made, the clerk shall 
may not register the dog nor issue to its owner or keeper a license and tag that identifies 
the dog as a service dog unless the applicant presents written evidence is provided to the 
municipal clerk that the dog is trained and educated and intended to perform guide 
service for the applicant. meets the definition of "service dog." For the purpose of this 
subsection "written evidence" means a service dog certification form approved by the 
department in consultation with the Maine Human Rights Commission. 
Sec. 12. 7 MRSA §3923-A, sub-§3, as amended by PL 2001, c. 422, §9, is 
further amended to read: 
3. Exemption from fees. A municipal clerk or a veterinary licensing agent shall 
issue a license upon application and without payment of a license fee required under this 
section for: 
A. 
A trained guide service dog owned or kept by a visually impaired person or such 
a dog aVfaiting training with a physical or mental disability; 
B. l\ trained hearing dog owned or kept by a hearing impaired person or such a dog 
a'l/aiting traifling; 
C. 
A trained service dog owned or kept by a physically impaired person or such a 
dog a'l/aiting training; 
D. 
A trained search and rescue dog recognized by the Department of Inland 
Fisheries and Wildlife or by the statewide association of search and rescue that 
cooperates with the Department of Inland Fisheries and Wildlife in developing 
standards for search and rescue or such a dog awaiting training; and 
E. 
A dog certified by the State and used for law enforcement purposes. 
Sec. 13. 7 MRSA §3961-A, as enacted by PL 2001, c. 220, §2, is amended to 
read: 
§3961-A. Attack on service animal 
A person who owns or keeps a dog that attacks, injures or kills a service deg animal 
while the service deg animal is in discharge of its duties commits a civil violation for 
which a forfeiture of not more than $1,000 may be adjudged. 
When a person is adjudicated of a violation of this section, the court shall order the 
person to make restitution to the owner of the service deg animal for any veterinary bills 
and necessary retraining costs or replacement costs of the deg service animal if it is 
disabled or killed. 
For the purposes of this section, "service deg animal" means a guide dog for the 
visually impaired, a hearing dog trained to alert a person with impaired hearing or a 
personal care dog as defined in Title 17, section 1312, subsection 7 has the same meaning 
as set forth in Title 5, section 4553, subsection 9-D. 
Sec. 14. 
MRSA §1011, sub-§13, as enacted by PL 1987, c. 383, §4, IS 
amended to read: 
13. Service dog kept for breeding purposes. "Guide Service dog or hearing dog 
kept for breeding purposes" means a male or female dog owned by a nonprofit 
organization for the purpose of producing puppies to be trained as gui6e service dogs er 
hearing dogs and living with a resident of the State. 
Sec. 15. 
MRSA §1011, sub-§14, as enacted by PL 1987, c. 383, §4, IS 
amended to read: 
14. Service dog kept prior to training. "Guide Service dog or hearing dog kept 
prior to training" means a dog under 18 months of age, owned by a nonprofit organization 
for the purpose of training as a gui6e service dog or hearing dog and living temporarily 
with a resident of the State prior to training. 
Sec. 16. 17 MRSA §1011, sub-§24-A is enacted to read: 
24-A. Service dog. "Service dog" means a dog that meets the definition of "service 
animal" set forth in Title 5, section 4553, subsection 9-D. 
Sec. 17. 17 MRSA §1312, sub-§3, as amended by PL 1997, c. 611, §1, is further 
amended to read: 
3. Service dogs. Every totally or partially blind or otherwise physically or mentally 
disabled person has the right to be accompanied by a guide or personal care service dog, 
especially trained for the purpose, in any of the places listed in subsection 2 without being 
required to pay an extra charge for the guide or personal care service dog; however, the 
person is liable for any damage done to the premises or facilities by such £! dog. 
Sec. 18. 17 MRSA §1312, sub-§4, as amended by PL 1997, c. 611, §2, is further 
amended to read: 
4. 
Especially trained service dog trainer; access to public facilities; 
responsibilities. An especially trained guide dog trainer or personal care service dog 
trainer, while engaged in the actual training process and activities of guide or personal 
sure service dogs, has the same rights, privileges and responsibilities described in this 
section with respect to access to and use of public facilities as are applicable to a blind, 
visually handicapped or otherwise physically or mentally disabled person. 
Sec. 19. 17 MRSA §1312, sub-§5, as amended by PL 1997, c. 611, §3, is further 
amended to read: 
5. Housing accommodations; persons with service dogs. Every blind or visually 
handicapped or otherwise physically or mentally disabled individual who has a sight-
assistance or assistance service animal, such as a guide or personal care service dog, is 
entitled to full and equal access to all housing accommodations provided for in this 
section. 
Blind or visually impaired or otherwise physically or mentally disabled 
individuals may not be required to pay extra compensation to keep sight assistance or 
personal care service animals. A blind or visually impaired or otherwise physically or 
mentally disabled person is liable for any damages done to the premises by the service 
animal. 
Sec. 20. 17 MRSA §1312, sub-§7, as enacted by PL 1997, c. 611, §4, is amended 
to read: 
7. Service dog; definition. As used in this section, "personal care service dog" 
means a dog that provides assistance with activities of daily living for a person who is 
physically disabled meets the definition of "service animal" in Title 5, section 4553, 
subsection 9-D. 
Sec. 21. 17 MRSA § 1313, as amended by PL 1997, c. 611, § 5, is further amended 
to read: 
§1313. Motor vehicle drivers 
The driver of a vehicle approaching a totally or partially blind or otherwise physically 
or mentally disabled pedestrian who is carrying a cane predominantly white or metallic in 
color, with or without a red tip, or using a guide or personal care service dog as defined in 
section 1312 shall take all necessary precautions to avoid injury to that blind or otherwise 
physically or mentally disabled pedestrian, and any driver who fails to take such 
precautions is liable in damages for any injury caused the pedestrian. A totally or partially 
blind or otherwise physically or mentally disabled pedestrian, not carrying such a cane or 
using a guide or personal oare service dog in any of the places, accommodations or 
conveyances listed in section 1312, has all of the rights and privileges conferred by law 
upon other persons, and the failure of a totally or partially blind or otherwise physically 
or mentally disabled pedestrian to carry such a cane or to use a guide or personal care 
service dog in any such places, accommodations or conveyances may not be held to 
constitute nor be evidence of contributory negligence. 
Sec. 22. 
MRSA §1314-A, as enacted by PL 2003, c. 452, Pt. I, §28 and 
affected by Pt. X, §2, is amended to read: 
§1314-A. Misrepresentation of service dog 
A person who fits a dog with a harness, collar, vest or sign of the type commonly 
used by blind persons in order to represent that the dog is a gmde service dog, or 
commonly used by persons with disabilities to represent that the dog is a service dog 
when training of the type that guide dogs normally receive has not been provided, or 
I 
when the dog does not meet the definition of "service dog" as defined in section 1312 
commits a civil violation for which a fine of not more than $-lOO $500 may be adjudged. 
Sec. 23. 17 MRSA §3966, 2nd ~, as enacted by PL 2005, c. 318, § 1, is amended 
to read: 
For the purposes of this section, "service animal" means an animal that has been 
prescribed for an individual with a disability by a physician, psychiatrist or ps)'chologist 
and a guide dog, signal dog or other animal individually trained to do work or perform 
tasks for the benefit of an individual vlith a disability, including, but not limited to, 
guiding individuals with impaired vision, alerting individuals vlith impaired hearing to 
intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or 
fetching items has the same meaning as set forth in Title 5, section 4553, subsection 9-0. 
Sec. 24. 26 MRSA §1420-A, sub-§3, as amended by PL 2003, c. 414, Pt. B, §6 
and affected by c. 614, §9, is repealed. 
Sec. 25. 26 MRS A §1420-A, sub-§4, as enacted by PL 1995, c. 560, Pt. F, §13, 
is repealed. 
Sec. 26. 26 MRS A §1420-A, sub-§5, as enacted by PL 1995, c. 560, Pt. F, §13, 
is repealed. 
Sec. 27. 26 MRSA §1420-D, as enacted by PL 2003, c. 452, Pt. 0, §7 and 
affected by Pt. X, §2, is repealed. 
SUMMARY 
This bill implements the recommendations of the task force convened by the 
Commissioner of Labor to evaluate and recommend, among other things, revisions to the 
definition of "service dog" pursuant to Resolve 2007, chapter 96. 
The bill defines 
"service animal" as animals determined necessary for individuals with both physical and 
mental disabilities. The bill replaces the current statutory terms "guide dog," "trained 
dog" and "personal care dog" with the new term "service animal." 
The bill also amends the Maine Human Rights Act by adding language protecting the 
use of service animals in housing and in public. It also increases the maximum fine for 
misrepresentation of a service animal from $100 to $500.