An Act Pertaining to the Breeding and Selling of Dogs and Cats
Maine Legislature, Session 124, LD 0964
Committee Amendment CA_A_H553 (House)
Amends: 7 MRSA §3923-C, 7 MRSA §3936

COMMITTEE AMENDMENT "A" to H.P. 666, L.D. '964, Bill, "An Act 
Pertaining to the Breeding and Selling of Dogs and Cats" 
Amend the bill by striking out the title and substituting the following: 
'An Act Pertaining to the Breeding and Selling of Dogs and Cats and Equitable 
Funding of Animal Welfare' 
Amend the bill in section I in subsection 8-A in the 6th line (page I, line 9 in L.D.) 
by inserting after the following: "sledding," the following: 'competition,' 
Amend the bill in section I in subsection 8-A in the last line (page I, line II in L.D.) 
by striking out the following: "12 month peRea calendar year" and inseliing the 
following: '12-month period' 
Amend the bill by striking out all of section 2 (page I, lines 12 to 17 in L.D.) and 
inserting the following: 
'Sec. 2. 7 MRSA §3923-C, sub-§5, as repealed and replaced by PL 1997, c. 690, 
§21, is amended to read: 
5. 
Kennel inspection and quarantine. 
Except for a kennel inspected by the 
department in accordance with chapter 723, an animal control officer must inspect 
annually a kennel prior to the municipality issuing a kennel license. In addition to the 
annual inspection required under this subsection, an animal ,control officer, at any 
reasonable time, escOlied by the kennel owner or the kennel owner's agent, may inspect 
the kennel. Inspections must be conducted in accordance with the sanitation and health 
rules established by the depaIiment for compliance with laws and rules. In conducting 
inspections, an animal control officer must use measures established by the depaIiment 
through rulemaking to prevent the spread of infectious and contagious diseases. Rules 
adopted pursuant to this subsection are routine technical major substantive rules as 
defined in Title 5, chapter 375, subchapter.J+-A ~-A. 
A veterinarian employed by the State or any licensed veterinarian may quarantine the 
kennel in person or by registered mail and the quarantine must be maintained as long as 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT )1" to H.P. 666, L.D. 964 
the veterinarian determines necessary. The decision and order for this quarantine is not 
considered a licensing or an adjudicatory proceeding as defined by the Maine 
Administrative Procedure Act.' 
Amend the bill in section 4 in subsection 2 in the first and 2nd lines (page 1, lines 35 
and 36 in L.D.) by striking out the following: "$250 for a CategOIY 2 breeding kennel and 
$500" and inserting the following: '$100 for a CategOIY 2 breeding kennel and $150' 
Amend the bill by inseliing after section 6 the following: 
'Sec. 7. 7 MRSA §3936, sub-§l, as amended by PL 1997, c. 690, §24, is fUliher 
amended to read: 
1. 
Inspection and quarantine. 
The commISSIoner, a state humane agent, a 
veterinarian employed by the State or a licensed veterinarian at the direction of the 
commissioner may, at any reasonable time, enter an animal shelter, kennel, boarding 
kennel, breeding kennel or pet shop and make examinations and conduct any recognized 
tests for the existence of contagious or infectious diseases or conditions. If the animal 
shelter, kennel, boarding kennel, breeding kennel or pet shop is also used for human. 
habitation, . the person authorized to make examinations and conduct tests must be 
escOIied by the owner, or the owner's agent, of the animal shelter, kennel, boarding 
kennel, breeding kennel or pet shop and the examinations and tests may be made only in 
those pOIiions of the premises used as an animal shelter, kennel, boarding kennel, 
breeding kennel or pet shop. The commissioner may inspect animal shelters, kennels, 
boarding kennels, breeding kennels and pet shops in accordance with the sanitation and 
health rules established by the depaJiment and for compliance with laws and rules, 
including licensing and permitting requirements, of the Department of Inland Fisheries 
and Wildlife peliaining to wildlife impOIiation' and possession. 
In conducting 
inspections, measures established by the depaJiment through rul~making must be used to 
prevent the spread of infectious and contagious diseases. Rules adopted pursuant to this. 
subsection are routine technical major substantive 1'l1les as defined in Title 5, chapter 375, 
subchapter I-I-A 2-A. A veterinarian employed by the State or any licensed veterinarian 
may quarantine the animal shelter, kennel, boarding kennel, breeding kennel or pet shop, 
in person or by registere.d niail, and the quarantine must be maintained as long as the' 
depaJiment determines necessary. 
The decision and order for this quarantine is not' 
considered a licensing or an adjudicatory proceeding as defined by the Maine 
Administrative Procedure Act. The commissioner shall promptly notify the DepaJiment 
ofInland Fisheries and Wildlife of violations.' 
Amend the bill by striking out all of section 8 (page 2, lines 31 to 40 in L.D.) 
Amend the bill in section 9 in paragraph A by striking out all of subparagraph (7) 
(page 3, lines 19 to 22 in L.D.) and inseliing the following: 
'(7) A record of inoculations, 'Nenning internal or external parasite treatments, 
medication or any veterinarian examination or treatment received by the animal 
while in the possession of the breeder er dealer seller;' 
Amend the bill py striking out all of sections II and 12. 
Amend the bill in section 13 in subsection 8-A in the 6th line (page 4, line 30 in L.D.) 
by insertingafter the following: "sledding,Uthe following: 'competition,' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 666, L.D. 964 
Amend the bill by striking out all of section 14 (page 4, lines 33 to 37 in L.D.) and 
inselting the following: 
'Sec. 14. Commissioner of Agriculture, Food and Rural Resources and 
Attorney General to review provisions and processes pertaining to the State 
taking possession of animals that have been abused. 
The Commissioner of 
Agriculture, Food and Rural Resources and the Attorney General shall convene a 
working group to review the provisions in the Maine Revised Statutes, Title 17, chapter 
42, subchapter 2. The commissioner and the Attorney General shall invite representatives 
of the judicial branch and the district attorneys tojoin in a discussion of the processes for 
seizing animals and requirements for the care of those animals prior to a transfer of 
ownership. The working group shall review costs of care for animals seized or held by 
the State pending adjudication or prosecution and make recommendations for reducing 
costs while humanely caring for the animals and providing due process for the owners. 
The commissioner and other participants in the working group shall repolt to the Joint 
Standing Committee on Agriculture, Conservation and Forestry no later than December 
9,2009 with a summary of the discussions and recommendations of the working group to 
expedite COUlt actions in cases involving cruelty to animals. 
Sec. 15. Authorization to submit legislation. The Joint Standing Committee 
on Agriculture, Conservation and Forestty may submit legislation pertaining to animal 
welfare and the funding of the animal welfare program within the Depattment of 
Agriculture, Food and Rural Resources to the Second Regular Session of the 124th 
Legislature. 
Sec. 16. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF 
Animal Welfare Fund 0946 
Initiative: Provides one-time funding for database changes to accommodate 3 levels of 
fee structures for licensing breeding kennels. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$6,000 
$6,000 
2010-11 
$0 
$0 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or 
section number to read consecutively. 
SUMMARY 
This amendment reduces the license fee for CategOlY 2 and CategOlY 3 breeding 
kennels. It removes the proposed revision to the definition of "seller" as it is used in the 
chapter governing the sale of dogs and cats by pet shops and breeding kennels. It 
removes the requirement that a dog or cat be examined by a veterinarian prior to sale and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ " Lo I-J.P, 666, L.D, 964 
instead requires that records of any examinations by a veterinarian be provided to the 
buyer. It also removes that section of the bill that proposes revisions to the definition of 
"kennel" and the section authorizing the Department of Agriculture, Food and Rural 
Resources to revoke or suspend a license for a pet shop or breeding kennel. It also adds-
an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE A 'ENDMENT 
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Approved: 06/04/09 wac::.. 
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LD964 
LR 1884(02) 
An Act Pertaining to the Breeding and Selling of Dogs and Cats 
Fiscal Note for Bill as Amended by Committee Amendment 'A~" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Appropriations/Allocations 
Other Special Revenue Funds 
$6,000 
$0 
$0 
Projections 
2012-13 
$0 
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J.{evellue 
Other Special Revenue Funds 
$1,200 
$1,200 
$1,200 
$1,200 
Fiscal Detail and Notes 
The bill includes a one-time Other Special Revenue Funds allocation of $6,000 in fiscal year 2009-10 to the 
Department of Agriculture, Food and Rural Resources for database changes to accommodate three levels of fee 
structures for licensing breeding kennels. Other Special Revenue Funds revenue will increase by $1,200 beginning in 
fiscal year 2009-10 from I icensing fees. This estimate is based on calendar year 2008 data. The additional costs to the 
Department ofthe Attomey General can be absorbed utilizing existing budgeted resources. 
LR1884(02) - Fiscal Note - Page 1 of 1