An Act To
Maine Legislature, Session 123, LD 1615
Committee Amendment CA_A_H567 (House)
Amends: 7 MRSA §3906-B, 7 MRSA §3907, 7 MRSA §3913, 7 MRSA §3914, 7 MRSA §3916, 7 MRSA §3919-A, 7 MRSA §3919-C, 7 MRSA §3922, 7 MRSA §3923-A, 7 MRSA §3923-B, 7 MRSA §3923-G, 7 MRSA §3932, 7 MRSA §3932-A, 7 MRSA §3933, 7 MRSA §393, 7 MRSA §3938-A, 7 MRSA §3939-A, 7 MRSA §3939-B, 7 MRSA §3941, 7 MRSA §3947, 7 MRSA §4015, 7 MRSA §4041, 7 MRSA §4151, 7 MRSA §4155, 7 MRSA §4157, 7 MRSA §4163, 17 MRSA §1011, 17 MRSA §1027, 17 MRSA §1031

COMMITTEE AMENDMENT" A" to H.P. 1137, L.D. 1615, Bill, "An Act To 
Amend the Animal Welfare Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA §3906-B, sub-§4, as amended by PL 1997, c. 690, §2, is further 
amended to read: 
4. Training and certification of animal control officers. The commissioner shall 
develop both a basic and advanced program to train animal control officers. :Jflis. The 
basic 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 Jicensing laws and rabies immunization laws. The eommissioHsr 
shall serttry all aaimal eoHtFol offieers '+'iho eomfllste the a:aiHiftg }3fogram. 
The advanced training must include, but is not limited to, training in animal cruelty with 
respect to hoarders of anil!lals, animal cruelty with respect to domestic violence, new 
laws. case reviews and report writing. 
The commissioner shall certify all animal control officers who complete the training 
programs. 
Sec.2. 7 MRSA §3906-B, sub-§9, as amended by PL 2003, c. 405, §l, is further 
amended to read: 
9. 
Employees. 
The commissioner, in consultation with the Animal Welfare 
Advisory Committee, shall employ, subject to the Civil Service Law, necessary 
employees to assist in enforcing this Part and in carrying out the commissioner's duties 
and responsibilities. The commissioner shall conduct a background check of a potential 
employee. The commissioner may not hire as a state humane agent a person who has 
been convicted of murder, a Class A or Class B offense, a violation under Title 17-A, 
chapter 9, 11, 12 or 13, a violation of Title 19-A, section 4011 or a criminal violation 
under Title 17, chapter 42 or a person who has been adjudicated of a civil violation for 
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cruelty to animals under chapter 739 or who has been convicted or adjudicated in any 
other state, provincial or federal court of a violation similar to those specified in this 
subsection. 
Sec. 3. 7 MRSA §3907, sub-§12-E is enacted to read: 
12-E. Feral cat. "Feral cat" means a cat without owner identification of any kind 
that consistently exhibits extreme fear in the presence of people. 
Sec. 4. 7 MRSA §3907, sub-§18-A, as repealed and replaced by PL 2003, c. 334, 
§2, is amended to read: 
18-A. 
Livestock. 
"Livestock" means cattle; equines; sheep; goats; swine; 
domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama 
and genus vicugna; bison; and ratites. 
Sec. 5. 7 MRSA §3907, sub-§23-A is enacted to read: 
23-A. Rescue group. "Rescue group" means an organization or individual that 
receives animals that have been abandoned, surrendered or removed from an animal 
facility or that takes in homeless dogs or cats and sells. gives or otherwise places the 
animals in private homes. "Rescue group" does not include a facility licensed under 
chapter 723. 
Sec. 6. 7 MRSA §3913, sub-§4, ~A, as amended by PL 1993, c. 657, § 17, is 
further amended to read: 
A. 
Sell Except as provided in section 3938-A. sell or give away the dog, but not to a 
research facility, if a license is first obtained in accordance with chapter 721; or 
Sec. 7. 7 MRSA §3914, as amended by PL 1993, c. 657, §19, is further amended 
to read: 
§3914. Purchase and sale of animals 
Animal shelters, kennels, breeding kennels, boarding kennels and pet shops engaged 
in buying or selling animals shall keep records of the buyer and seller in each transaction 
for a 2-year period commencing at the time of purchase or sale. The records must be 
open to inspection by the department or law enforcement officers. A person not in 
possession of a valid license for an animal shelter. kennel, breeding kennel. boarding 
kennel or pet shop shall obtain a vendor's license under section 4163 prior to seIling, 
offering for sale or exchanging for value a cat or dog. 
Sec. 8. 7 MRSA §3916, sub-§l-A, as enacted by PL 2005, c. 422, §3, is amended 
to read: 
I-A. Required for dogs. A person owning or keeping a dog, e~eflt fer ft wolf 
hyBrid, shall, within 30 days after the dog attains the age of 6 months, cause the dog to be 
ifHRUlilized vaccinated 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. A wolf hybrid is required to be vaccinated in 
accordance with this subsection. The procedure prescribed under Title 22. chapter 251, 
subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof 
that the wolf hybrid has received a rabies vaccination. 
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COMMITTEE AMENDMENT "A "to H.P. 1137, L.D.161S 
Sec. 9. 7 MRSA §3919-A, sub-§2, as amended by PL 2003, c. 405, §8, is further 
amended to read: 
2. Homeless cats. When an animal shelter accepts a cat under section 3919 and that 
cat does not have cat identification or is determined to be a feral cat, the animal shelter 
shall hold the cat for not less than ~ 48 hours. After the 24 kOHr 48-hour period, the 
animal shelter may treat the cat as a homeless cat and may: 
A. 
Gffer Except as provided in section 3938-A. offer the cat for adoption, sell or 
give away the cat; or 
B. 
Otherwise dispose of the cat humanely in accordance with Title 17, chapter 42, 
subchapter 4. 
An animal shelter may not selJ or give a cat to a research facility. 
Sec. 10. 7 MRSA §3919-A, sub-§4, as amended by PL 2003, c. 405, §8, is 
further amended to read: 
4. Euthanasia for severely sick or severely injured cat. A humane agent, an 
animal control officer or an animal shelter may authorize in writing the immediate 
euthanasia of a severely sick; or severely injured or ememely vieioHs cat upon 
determining that the following conditions are met: 
A. 
The animal control officer of the municipality where the cat was found has been 
notified or, if the cat has cat identification, the owner of the cat has been notified; and 
B. 
A veterinarian states in writing that the eat's recovery from its injury or illness, 
given reasonable time and reasonable care, is doubtful or that the cat presents a 
danger to the public. 
Notwithstanding paragraphs A and B, a veterinarian may authorize immediate euthanasia 
if, in the veterinarian's judgment, there is no possibility of recovery for a severely injured 
or severely sick cat. 
Sec. 11. 7 MRSA §3919-C, as enacted by PL 2003, c. 405, §9, is amended to 
read: 
§3919-C. Animal held pending court decision 
When an animal shelter holds an animal at the request or with the approval of the 
department pending an investigation or disposition by the court of an alleged violation of 
chapter'739 or Title 17, chapter 42, the shelter is entitled to receive from the department 
$4 a day monetary compensation in accordance with this section for the period for which 
food and shelter are furnished to the animal. 
1. Compensation for dogs and cats. Compensation for a dog or cat is $5 a day. 
Compensation for a female cat or dog with a litter that has not been weaned is $8 a day. 
2. Equines. Compensation for an equine is $10 a day. 
3. Livestock. Except for equines, fowl and rabbits, compensation for a livestock 
animal is between $5 and $8 a day as detennined by the department based on the size of 
the animal. 
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4. Other animals. Compensation for a rabbit is $2 a day. Compensation for a bird, 
including poultry, is $1 a day. Compensation for other animals is as determined by the 
department. 
Sec. 12. 7 MRSA §3922, sub-§3, as amended by PL 1997. c. 704. §7 and PL 
2003, c. 689, Pt. B, §7, is further amended to read: 
3. Proof of immunization. &eept as prs'Iided is SHBseatisR 3 A, a A municipal 
clerk may not issue a license for a dog untit 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 Health and Human Services, except that the requirement of 
immunization may be waived by the clerk under conditions set forth by the 
Commissioner of Health and Human Services. 
The commissioner shall adopt rules that allow the clerk and the commissioner to accept 
valid proof of immunization against rabies provided by another state. 
Sec. 13. 7 MRSA §3922, sub-§3-A, as enacted by PL 1997, c. 704, §8, is 
repealed. 
Sec. 14. 7 MRSA §3922, sub-§6, as enacted by PL 1997, c. 704, §10, is amended 
to read: 
6. Designation of wolf hybrid. An owner or keeper of a dog declared as a wolf 
hybrid may not change the license designation. A dog that has been declared a wolf 
hybrid must be treated as a wolf hybrid in accordance with Title 22, chapter 251, 
subchapter ¥~. The procedure prescribed under Title 22, chapter 251, subchapter 5 for a 
wolf hybrid suspected of having rabies does not change based on proof that the wolf 
hybrid has received a rabies vaccination. 
Sec. 15. 7 MRSA §3923-A, sub-§I, as amended by PL 2003, c. 405, § 13, is 
further amended to read: 
1. Dogs capable of producing young. A dog owner or keeper shall pay a fee of $-W 
ill to the municipal clerk for each dog 6 months of age or older and capable of 
producing young. A dog is considered capable of producing young unless certification 
under subsection 2 is provided. 
The municipal clerk shall retain a $1 recording fee and pay the remaining $9 llQ to the 
department for deposit in the Animal Welfare Fund. 
Sec. 16. 7 MRSA §3923-B, as amended by PL 1999, c. 254, §§S and 6, is further 
amended to read: 
§3923-B. Tags 
1. Tags. The municipal clerk shall provide with each new license issued under 
section 3923-A a tag indicating the year the license is issued and bearing other 
information prescribed by the department. 'The tag FelBaiBS with the sag fur as ISRg as 
the sag is kept iR the lieeRsia:g Hl:uRiei~ality. At eaeh lieease FeRevlai, tfte lftuRisipal elerk 
shall pre'Ade a stiel(ef iRdieatiRg the year fer whish the liaeose is valis. The stiaker fRl:Ist 
be attaehea te the bask sf the tag. The owner or keeper shall make sure that the tag is 
securely attached to a collar of leather, metal or material of comparable strength and that 
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the collar is worn at an times by the dog for which the license was issued, except as 
provided in subsection 3. 
If a stieker aHa the tag Me is lost or the owner has moved to a different municipality, the 
owner or keeper of the dog shall obtain a new license; and tag aHa stick-er. The municipal 
clerk sha1l issue another license, and tag aHa sticker upon presentation of the original 
license and payment of $1. The clerk shall retain the $1 for a recording fee. 
2-A. 
Rabies tags. 
An owner shall ensure that a rabies tag obtained from a 
veterinarian for immunization against rabies is securely attached to a conar of leather, 
metal or material of comparable strength and that the collar is worn at all times by the 
dog for which the rabies tag was issued, except as provided in subsection 3. 
3. Exceptions. A dog is not required to wear a tag when on the premises of the 
owner or off the premises of the owner while hunting, in training or in an exhibition. 
When a dog is hunting, in training or in an exhibition, its owner or keeper shall produce 
proof of licensure and proof of rabies immunization within 24 hours upon request by a 
humane agent, animal control officer or law enforcement officer, including a game 
warden. 
Sec. 17. 7 MRSA §3923-G, sub-§5, as enacted by PL 2003, c. 405, §15, is 
repealed. 
Sec. 18. 7 MRSA §3932, sub-§4 is enacted to read: 
4. Advertising. A boarding kennel shan prominently display the state-issued kennel 
license number in any form of print advertising. 
The license number must be provided to a person boarding an animal at a boarding 
kennel. 
Sec. 19. 7 MRSA §3932-A, sub-§3 is enacted to read: 
3. Temporary placement. Facilities where animals are temporarily placed by the 
department are exempt from licensing requirements. 
Sec. 20. 7 MRSA §3933, sub-§5 is enacted to read: 
5. Advertising. A pet shop license holder advertising to the public the availability of 
a dog or cat for sale or in any way exchanging a dog or cat for value shan prominently 
display the state-issued pet shop license number in any publication in which the pet shop 
license holder advertises. The pet shop license number must be provided to a person 
adopting or purchasing an animal from the pet shop. 
Sec. 21. 7 MRSA §393S, as amended by PL 2005, c. 422, §8, is further amended 
to read: 
§393S. 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 + 10 years previous to the application for 
the license, has been convicted of murder, a Class A or Class B offense. a violation under 
Title 17-A, chapter 9. 11. 12 or 13 or 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 ~ 
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years previous to the application for the license, has been adjudicated of a civil 
violation for cruelty to animals under chapter 739 or has been convicted or adjudicated in 
any other state, provincial or federal court of a violation similar to those specified in this 
section. 
Sec.22. 7 MRSA §3938-A is enacted to read: 
§3938-A. Minimum age of transfer for cats and dogs 
A person or an animal shelter, boarding kennel, breeding kennel or pet shop that sells, 
gives away or otherwise transfers ownership of a dog or cat before it has reached its 56th 
day of life commits a civil violation for which a fine of not less than $50 nor more than 
$200 may be adjudged. 
Sec.23. 7 MRSA §3939-A is enacted to read: 
§3939-A. Spay; neuter of dogs and cats 
1. Spay; neuter. Except as otherwise provided in subsections 2 and 3, an animal 
shelter or rescue group may not place with a new owner a dog or cat that has not been 
spayed or neutered unless an appointment has been made with a licensed veterinarian to 
spay or neuter the animal within 30 days of accepting ownership. A person who accepts 
ownership of a dog or cat that is unaltered shall, in addition to any other charges or other 
fees. make a deposit equal to 100% of the cost of the scheduled surgery with the animal 
shelter or rescue group and shall sign a spay-neuter agreement. The animal shelter or 
rescue group must refund the deposit upon receiving proof of sterilization. 
For purposes of this section, "place" means to sell, give away or otherwise transfer 
possession of a cat or dog. 
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2. Detrimental to health. If a licensed veterinarian or veterinary technician as 
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defined in Title 32, section 4853 detennines that a dog or cat is too sick or injured or that 
it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered 
within 30 days of placement, the animal shelter or rescue group shall collect a deposit of 
not less than $50 and not more than $150 at the time of sale or placement. The animal 
shelter or rescue group shall detennine the amount of the deposit based on the cost of 
spaying or neutering within the geographic area served by the animal shelter or rescue 
group. A person accepting ownership of the dog or cat under this subsection shall sign an 
agreement to have the animal sterilized as soon as it is medically advisable. 
Upon . receipt of proof of sterilization, the animal shelter or rescue group shall 
immediately and fully refund the deposit. 
3. Extension. Notwithstanding subsection 1, an animal shelter or rescue group may 
extend the date by which spaying or neutering is to be completed at its discretion for good 
cause. An extension must be in writing. 
4. Reimbursement of deposit. If a dog or cat dies prior to spaying or neutering and 
within the agreement period, the owner is entitled to reimbursement of the deposit paid 
under subsection 1. If a dog or cat dies prior to spaying or neutering and within 120 days 
of signing an agreement under subsection 2, the owner is entitled to reimbursement of the 
deposit paid under subsection 2. 
To receive reimbursement under this subsection. the 
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owner must provide the animal shelter or rescue group with a letter signed by a licensed 
veterinarian stating that the cat or dog has died and providing a description of the animal. 
5. Unclaimed deposits. Except as provided in subsections 2, 3 and 4, deposits 
received under subsection 1 or 2 that are unclaimed within 120 days ofthe date the spay-
neuter agreement was signed must be: 
A. Used to subsidize spaying or neutering of dogs and cats offered for placement by 
the animal shelter or rescue group receiving the deposits; or 
B. Remitted to the department for deposit in the Companion Animal Sterilization 
Fund established under section 391O-B. 
When extensions are granted under subsection 3 and the deposits are unclaimed 120 days 
after the extended date for spaying or neutering, those deposits must be disposed of under 
paragraphs A and B. 
Sec. 24. 7 MRSA §3939-B is enacted to read: 
§3939-B. Violations 
1. Noncompliance by new owner. If a person receiving a dog or cat from an animal 
shelter or rescue group fails to comply with section 3939-A, that person f01ieits the 
sterilization deposit and commits a civil violation for which a fine of not less than $50 nor 
more than $200 per animal may be adjudged. 
2. Noncompliance by animal shelter or rescue group. If an animal shelter or 
rescue group fails to require a spay-neuter agreement or fails to collect a deposit as 
required under section 3939-A, that animal shelter or rescue group commits a civil 
violation for which a fine of not less than $50' nor more than $200 per animal may be 
adjudged. 
Sec.25. 7 MRSA §3941, as amended by PL 1997, c. 690, §25, is further amended 
to read: 
§3941. Posting oflaw 
Municipal clerks, annually, at least 20 days before January 1st, shall post copies of 
chapter 721 and this chapter in the asaal ~laees for ~esti8g 8etiees of the aBHaEH 
municipal eleetio8s offices. 
Sec. 26. 7 MRSA §3947, as amended by PL 1997, c. 690, §28, is further amended 
to read: 
§3947. Animal control officers 
Each municipality shall appoint one or more animal control officers whose duties are 
enforcement of sections 3911, 3912, 3916, 3921, 3924, 3943, 3948,3950, 3950-A, 3952 
and 4041 and Title 17, section 1023 responding to reports of animals suspected of having 
rabies in accordance with Title 22, sections 1313 and 1313-A and suM any other duties to 
control animals as the municipality may require. 
A municipality may not appoint a person to the position of animal control officer who 
has been convicted of murder. a Class A or Class B offense or a violation of Title 17-A. 
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chapter 9, 11, 12 or 13 or 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 
to the positioH of aflima} SODtro} offieer or who has been convicted or adjudicated in 
any other state, provincial or federal court of a violation similar to those specified in this 
section. 
Animal control officers must be certified in accordance with section 3906-B, 
subsection 4. Upon initial appointment, an animal control officer must complete basic 
training and be certified by the commissioner within 6 months of appointment. 
An animal control officer must attend advanced training programs as described under 
section 3906-B, subsection 4 to maintain certification. An animal control officer must 
have a minimum of8 hours of training each year. 
Upon appointment of an animal control officer, municipal clerks shall notify the 
commissioner of the name, address and telephone number ofthe animal control officer. 
Sec. 27. 7 MRSA §4015, sub-§2, as amended by PL 2005, c. 340, §1, is further 
amended to read: 
2. Outdoor standards. Minimum outdoor standards of shelter shall be are as 
follows. 
A. 
When sunlight is likely to cause heat exhaustion of an animal tied or caged 
outside, sufficient shade by natural or artificial means sflaY must be provided to 
protect the animal from direct sunlight. As used in this paragraph, "caged" does not 
include farm fencing used to confine farm aaimals livestock. 
B. 
Except as provided in subsections 5 and 6, shelter from inclement weather must 
be as follows. 
(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, 
appropriate to the local climatic conditions and for the species soasemed and 
breed of the animal must be provided as necessary for the health of the animal. 
(2) If a dog is tied or confined unattended outdoors under weather conditions that 
adversely affect the health of the dog, a shelter sf saitaBle si:le with a floor abo-ve 
gFoHHd and wateFfJroof roof must be provided in accordance with subsection 6, 
paragraph A to accommodate the dog and protect it from the weather and, in 
particular, from severe cold. Inadequate shelter may be indicated by the shivering 
of the dog due to cold weather for a continuous period of ~ 10 minutes or by 
symptoms of frostbite or hypothermia. A metal barrel is not adequate shelter for a 
dog. 
C. Ne An animal may not be confined in a building, enclosure, car, boat, vehicle or 
vessel of any kind when extreme heat or extreme cold will be harmful to its health. 
Sec.28. 7 MRSA §4015, sub-§6, as enacted by PL 2005, c. 340, §2, is amended 
to read: 
6. 
Dogs confined by tethering for long time periods. 
In addition to the 
requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the 
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primary means of confinement for a dog, the standards for shelter and tethering are as 
follows: 
A. 
A shelter must be provided that is fully enclosed except for a portal. The portal 
must be of a sufficient size to allow the dog unimpeded passage into and out of the 
structure. For dogs other than arctic breeds, the portal must be constructed .ffi-a 
IJl8:BRef that keeps with a baffle or other means of keeping wind and precipitation out 
of the interior. The shelter must ftave be constructed of materials with a thermal 
resistance factor of 0.9 or greater and must contain clean bedding material sufficient 
to retain the dog's normal body heat; and 
B. 
The chain or tether must be attached to both the dog and the anchor using 
swivels or similar devices that prevent the chain or tether from becoming entangled 
or twisted. The chain or tether must be attached to a well-fitted collar or harness on 
the dog. For dogs other than arctic breeds, the chain or tether must be at least 5 times 
the length of the dog measured from the tip of its nose to the base of its tail. For 
arctic breeds, the chain or tether must be at least 2.5 times the leagth of tJ:te dog 
measured from tas tip of its Rose to tJ:te 9«*lS of its tail..;. 
(1) At least 2.5 times the length of the dog measured from the tip of its nose to 
the base of its tail if the anchor is stationary; or 
(2) At least 1.5 times the length of the dog measured from the tip of its nose to 
the base of its tail if the anchor is a pivot point allowing a 3600 area of 
movement. 
For the purposes of this subsection, "primary means of confinement" means the method 
used to confine a dog for periods of time that exceed 12 hours in a 24-hour period. For 
the purposes of this subsection, "arctic breeds" means Siberian Huskies, Alaskan Huskies, 
Alaskan Malamutes and other dogs with a double-layered coat and bred to live in an 
arctic climate. 
Sec. 29. 7 MRSA §4041, sub-§l-A, as enacted by PL 1999, c. 254, §15, is 
amended to read: 
I-A. Trespass. An owner of an animal may not allow that animal to enter onto the 
property of another after the owner has been warned informed by a law enforcement 
officer or animal control officer that that animal was found on the property of another. 
Sec.30. 7 MRSA §4041, sub-§3, ,A, as amended by PL 1999, c. 254, §15, is 
further amended to read: 
A. That person fails to remove the animal within 12 hours, or immediately if public 
safety is threatened, after having been personally notified by an animal control officer 
or law enforcement officer that the animal was trespassing. 
Sec.31. 7 MRSA §4151, sub-§4, as amended by PL 1997, c. 690, §50, is further 
amended to read: 
4. 
Pet dealer. 
"Pet dealer" means a person, firm, partnership, corporation or 
association, including breeders, that sells more than 16 animals to the public in a 12-
month period. "Pet dealer" includes the owner or operator of a breeding kennel. "Pet 
dealer" does not include humane societies, nonprofit organizations performing the 
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functions of humane societies or animal shelters licensed in accordance with section 
3932-A. 
Sec. 32. 7 MRSA §4155, sub-§5 is enacted to read: 
5. Pet dealers not exempt. Pet dealers may not, contractually or otherwise, exempt 
themselves from the remedies provided by this section for deaths or health problems 
caused by infectious, contagious, parasitic or communicable disease. 
Sec. 33. 7 MRSA §4157, sub-§2, ~, as enacted by PL 1995, c. 589, §l, is 
repealed. 
Sec. 34. 7 MRSA §4163 is enacted to read: 
§4163. Dog or cat vendor's license 
A person may not advertise for sale, sell or exchange for value more than one cat or 
dog in a 12-month period unless that person has a valid animal shelter, kennel, breeding 
kennel or pet shop license or a valid vendor's license issued under this section. 
1. Vendor's license; fee. A person may apply for a vendor's license by completing 
and submitting to the department an application fonn provided by the department along 
with a $25 vendor'S license fee. Upon receipt of a completed application and the fee. the 
department shall issue a vendor's license and an identifying license number that is valid 
for a period of 60 days from the date of issuance. 
2. Advertisine. A person possessing a vendor's license issued under this section 
must include that vendor's license number in any fonn of advertising. brochure or sign 
that announces the availability of a dog or cat for sale or exchange. The vendor's name 
and license number must be provided to a persOn purchasing or otherwise receiving a dog 
or cat from the vendor. 
3. Violation. A person who fails to comply with this section commits a civil 
violation for which a fine of not less than $50 nor more than $200 may be adjudged, none 
of which may be suspended. 
Sec. 35. 17 MRSA §1011, sub-§18-A, as repealed and replaced by PL 2003, c. 
334, §3, is amended to read: 
is-A. 
Livestock. 
"Livestock" means cattle; equines; sheep; goats; swine; 
domesticated cervids, fowl and rabbits; members of the family Camelidae. genus lama 
and genus vicugna; bison; and ratites. 
Sec.36. 17 MRSA §1027 is enacted to read: 
§1027. Security for seizure and impoundment of animals relating to cruelty to 
, 
animals or animal fighting 
1. Definitions. As used in this section. unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. 
"Authority" means the commissioner or a state veterinarian. humane agent. 
sheriff, deputy sheriff. constable. police officer or animal control officer that seizes or 
impounds an animal pursuant to section 1021. 
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2. Show cause hearing. When an animal is lawfully seized or impounded pursuant 
to section 1021 or 1034. if the owner. custodian or person claiming an interest in the 
animal wishes to contest the order, the owner, custodian or person claiming an interest 
must petition the court for a show cause hearing. The petition must be filed within 10 
days of the date the seizure occurred or the search warrant was executed. If the owner 
fails to petition the court for a hearing within 10 days. the animal is ordered forfeited to 
the State. 
Upon petition by the owner, custodian or person claiming an interest in the animal in 
accordance with this subsection, the court shall hold a hearing within ] 0 days of receipt 
of the petition. Upon a showing of good cause, the court may extend the time needed to 
hold the hearing. 
3. Post security. If an animal is lawful1y seized and impounded, the authority may 
file a petition with the court requesting that the person from whom an animal is seized or 
a person claiming an interest in the seized animal be ordered to post a security. The 
authority shall serve a copy of the petition on the person from whom the animal was 
seized or, if the person cannot be found, by posting of copy at the place where the animal 
was taken into custody. The authority shall also serve a copy of the petition on the district 
attorney. The court may order the person from whom an animal is seized or a person 
claiming an interest in the seized animal to post a security. 
4. Payment of expenses. The security must be in an amount sufficient to secure 
payment for all reasonable expenses to be incurred by the authority having custody of the 
seized animal for a period of at least 30 days. The court upon the recommendation of the 
authority shall determine the amount of the security. Reasonable expenses include, but 
are not limited to, estimated medical care, shelter and board. 
5. Draw actual reasonable costs. When security is posted in accordance with this 
section. the authority may draw from the security the actual reasonable costs incurred for 
medical care, shelter, board and record keeping. 
6. Post with clerk. If the court orders the posting of security, the security must be 
pQsted with the clerk within 10 business days of the show cause hearing. The court shall 
order the immediate forfeiture of the seized animal to the authority if the person fails to 
post security as ordered. The court may waive the security requirement or reduce the 
amount of the security for good cause shown. 
7. Disposition of animal. Posting of the security does not prevent the authority from 
disposing of the seized or impounded animal before the expiration of the period covered 
by the security, if the court rules in favor of the authority. 
8. Order denied. The authority may humanely dispose of the animal at the end of 
the period for which expenses are covered by the security, if the court orders the 
disposition. If the disposition order is denied, the court may require the owner or 
custodian or any other person claiming interest in the animal to provide additional 
security to secure payment of reasonable expenses and to extend the period of time 
pending adjudication by the court of the charges against the person from whom the 
animal was seized. 
COMMITTEE AMENDMENT 
~. .,. 
COMMITTEE AMENDMENT" A" to H.P. 1137, L.D. 1615 
9. Recover damages. The owner or custodian of an animal humanely killed 
pursuant to this section is not entitled to recover damages or the actual value of the 
animal if the owner or custodian failed to post security. 
10. Refund. The court may direct a refund to the person who posted the security in 
whole or in part for expenses not incurred by the authority. The court may direct a refund 
to the person who posted security upon acquittal of the charges. 
Sec.37. 17 MRSA §1031, sub-§l-B, as amended by PL 2005, c. 281, §8 and c. 
397, Pt. F, §1, is further amended to read: 
I-B. Aggravated cruelty to animals. A person is guilty of aggravated cruelty to 
animals jf that person, in a manner manifesting a depraved indifference to animal life or 
suffering, intentionally, knowingly or recklessly: 
A. 
Causes extreme physical pain to an animal; 
B. 
Causes the death of an animal; ef 
C. 
Physically tortures an animal.,.; or 
D. Shoots with a firearm a dog or cat owned by that person or, while acting as an 
agent for the owner, shoots with a firearm a dog or cat in a manner that does not 
comply with subsection I-E. 
Violation of this subsection is a Class C crime. Notwithstanding Title 17-A, section 
1301, the court shall impose a fine of not less than $l,QOO $2,500 and not more than 
$10,000 for a first or subsequent violation of this subsection. The sentencing provisions 
in subsection 3-B also apply to a person convicted of aggravated cruelty to animals. 
Sec. 38. 17 MRSA §1031, sub-§3-B, ~A, as enacted by PL 2003, c. 452, Pt. I, 
§20 and affected by Pt. X, §2, is amended to read: 
A. 
In addition to any other penalty authorized by law, the court shall impose a fine 
of not less than ~ 
$500 for each violation of this section. The court may order the 
defendant to pay the costs of the care, housing and veterinary medical treatment for 
the animal. 
Sec. 39. 17 MRSA §1031, sub-§3-B, ~ 
is enacted to read: 
D. 
Violation of any sentencing provision imposed by the court pursuant to this 
section is a Class D crime. . 
Sec. 40. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF 
Animal Welfare Fund 0946 
Initiative: Allocates additional funds for the Animal Welfare Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
2007-08 
$26,000 
COMMITTEE AMENDMENT 
2008-09 
$26,000 
.< 
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I 
COMMITTEE AMENDMENT" A" to H.P. 1I37, L.D. ]6]5 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$26,000 
$26,000 
SUMMARY 
This amendment: 
1. Requires rabies vaccinations for wolf hybrids and clarifies that vaccination does 
not alter treatment of a wolf hybrid when it is suspected of having rabies; 
2. Increases the dog license fee by $1 only for dogs capable of producing young. The 
bill proposes a $1 increase for all dog licenses; 
3. Strengthens the sheltering requirements for a dog left outdoors in adverse weather; 
4. Requires a vendor's license to selJ or offer for sale more than one dog or cat in a 
12-month period and requires advertising to provide the vendor's license number; and 
5. Adds to the aggravated cruelty to animals statutes, making the shooting of a dog 
or cat by the owner or the owner's agent a Class C crime when the shooting does not 
confonn to statutory conditions for an exception. 
This amendment makes technical changes to, corrections to and clarifies certain 
provisions in the hill. It also removes several sections from the bill, including proposed 
changes to the definition of "dog" to exclude wolf hybrids from the definition and 
proposed changes to the provisions for employees of the Department of Agriculture, Food 
and Rural Resources serving civil process. 
This amendment also ad4s an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06112/07 
~ac:. 
LD 1615 
LR 991(02) 
An Act To Amend the Animal Welfare Laws 
Fiscal Note for Bill as Amended by Committee Amendment" II" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
2007-08 
$26,000 
$26,000 
Establishes new civil violations. Establishes new Class C and D crimes. 
Increases fines for certain violations of cruelty to animals. 
2008-09 
$26,000 
$26,000 
Projections 
2009-10 
$26,000 
$26,000 
Projections 
2010-11 
$26,000 
The collection of additional fines and surcharges may increase General Fund revenue and Other Special Revenue 
Funds revenue by minor amounts. 
Fiscal Detail and Notes 
Changes in various animal licensing requirements will increase dedicated revenue collected by the Department of 
Agriculture, Food and Rural Resources. Beginning in fiscal year 2007-08, the estimated annual increases are $26,000. 
The department win also require corresponding additional Other Special Revenue Funds allocations. 
LR0991(02) - Fiscal Note - Page 1 of 1 
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