An Act To Update the Laws Affecting the Maine Center for Disease Control and Prevention (----./)
Maine Legislature, Session 124, LD 1592
Committee: Health and Human Services
Sponsors: MARTIN
Amends: 22 MRSA §1313, 27 MRSA §1313-A, 22 MRSA §1313-B, 22 MRSA §2494, 22 MRSA §2502, 30-A MRSA §2652, 30-A MRSA §4211, 32 MRSA §1243, 32 MRSA §4252, 32 MRSA §4314, 32 MRSA §4325

Legislative Document 
No. 1592 
H.P. 1130 
House of Representatives, December 22,2009 
An Act To Update the Laws Affecting the Maine Center for Disease 
Control and Prevention 
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Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
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Received by the Clerk of the House on December 18, 2009. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative MARTIN of Eagle Lake. 
Prinlt:J 011 I't!cycled pnpcr 
77l~ /h. 7!lt2C~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1313,as ·.ame·nded by PL 2007, c. 133, § 1, is further amended 
to read: 
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§1313. Procedures for the transportation, quarantine, euthanasia and testing of 
animals suspected of having rabies 
1. 
Establishment of procedures. 
The commissioner, in consultation with the 
Commissioner of Agriculture, Food and Rural Resources·and the Commissioner ofInland 
Fisheries and Wildlife, shall adopt rules, in accordance with the Maine Administrative 
Procedure Act, establishing procedures for responding to a report of an animal suspected 
of having rabies. 
The procedures must include provisions for the transportation, 
quarantine, euthanasia and testing of an animal suspected of having rabies and, when 
reasonable cause exists to believe that the animal has hlttefl. either exposed a person or 
other animal to rabies or has been exposed to rabies, provisions for the notification of the 
animal control officer in the locality where the ffite exposure occurred. The procedures 
may differ based on the perceived public health threat determined in part by consideration 
of the following factors: 
A. 
Whether the animal is a domesticated animal for which a known effective 
vaccine exists and, if so, whether the animal's vaccination status can be verified; 
B. 
Whether the animal has bitten a person or exhibited other aggressive behavior; 
and 
C. 
Whether the animal is a wolf hybrid that has bitten or may have otherwise 
exposed a person or a domesticated animal to rabies. 
2.. Role of animal control officer; game warden.. An animal control officer 
appointed in accordance with Title 7, section 3947 receiving a report of an animal 
suspected of having rabies shall ensure that the procedures established pursuant to this 
section and sections I3 I3-A and I3 13 -B are carried out. 
If the animal is When 
reasonable cause exists to believe that an undomesticated animal, other than a wolf 
hybrid, has exposed a person to rabies, a game warden shall assist the animal control 
officer. 
3. Costs associated with transportation, quarantine, testing and euthanasia. The 
Department of Inland Fisheries and Wildlife shall provide for or pay all neoessary oosts 
32fortrafisportation and euthanasia of an undomestioated animal suspeoted of having rabies. 
The O\vner ofa domestioated animal or a wolf hybrid suspected ofha=lling rabies shall pay 
all costs for transportation, quarantine, euthanasia and testing of the animal. 
If a 
domestioated animal or a wolf !:lybrid is a stray or the ovmer is unknown, the municipality 
in whic!:l the animal was apprehended is responsible for following provisions govern costs 
associated with the transportation, quarantine, testing and euthanasia and testiflg oosts of 
animals suspected of having rabies. Cost of testing animals judged by the department to 
!:lave created a publio health risk of rabies must be borne by t!:le departmeflt t!:lroug!:l its 
General FUfld aooFOoriations. 
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A. The Department of Inland Fisheries and Wildlife shall provide for or pay all 
necessary costs for transportation and euthanasia of an undomesticated animal when 
reasonable c.ause exists to believe that the undomesticated animal has exposed a 
person to rabies.· 
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B. The owner or keeper of a domesticated animal, wolf hybrid or undomesticated 
animal suspected of having rabies shall pay all costs for transportation, quarantine, 
euthanasia and testing of the animal. 
C. The owner or keeper of a domesticated animal exposed to an undomesticated 
animal suspected of having rabies shall pay all costs for transportation, quarantine 
and euthanasia of the undomesticated animal. 
D. If a domesticated animal or a wolf hybrid is a stray or the owner is unknown, the 
municipality in which the animal was apprehended is responsible for transportation, 
quarantine, euthanasia and testing costs. 
E. The cost of testing animals judged by the department to have created a public 
health risk of rabies must be borne by the department through its General Fund 
appropriations. 
Sec. 2. 27 MRSA §1313-A, as amended by PL 2007, c. 598, § 11, is repealed and. 
the following enacted in its place: 
§1313-A. Provisions for immediate destruction of certain animals 
Euthanasia of certain animals must be carried out as follows. 
1. Undomesticated animal that exposed person to rabies. If reasonable cause 
exists to believe that an undomesticated animal has exposed a person to rabies, an animal 
control officer or a game warden shall immediately remove the undomesticated animal, 
or cause the undomesticated animal to be removed, and cause the undomesticated animal 
to be euthanized for testing. 
2. 
Undomesticated animal that exposed domesticated animal to rabies. 
If 
reasonable cause exists to believe that an undomesticated animal has exposed a 
domesticated animal to rabies, an animal control officer, law enforcement officer, owner 
or owner's agent may immediately cause the undomesticated animal to be euthanized for 
testing. 
3. 
Wolf hybrid that exposed person or domesticated animal to rabies. 
If 
reasonable cause exists to believe that a wolf hybrid has exposed a person or 
domesticated animal to rabies, an animal control officer or a law enforcement officer 
shall immediately cause the wolf hybrid to be euthanized for testing. 
4. 
Domesticated or undomesticated animal poses· an immediate threat of a 
rabies exposure. 
If reasonable cause exists to believe that a domesticated or 
undomesticated animal poses an immediate threat of a rabies exposure to a person or 
domesticated animal, an animal control officer, game warden or law enforcement officer 
may immediately kill or order killed an animal without destroyingthe head. 
5. Transportation of head of undomesticated animal to laboratory. If reasonable 
cause exists to believe that an undomesticated animal has exposed a person to rabies, the 
Department of Iriland Fisheries and Wildlife shall arrange for the transportation of the 
head of that undomesticated animal to the State Health and Environmental Testing 
Laboratory, except that the animal control officer shall make the arrangements if the 
animal is a wolf hybrid. 
The Department of Inland Fisheries and Wildlife shall pay transportation costs for 
undomesticated animals that are involved in a human exposure, except that the owner or 
keeper of an undomesticated animal that is owned, kept by permit or is illegally held shall 
pay transportation, confinement and testing costs for that animal. The owner of any 
domesticated animal, including livestock or a ferret, dog, cat or wolf or wolf hybrid kept 
as a domesticated animal, shall pay transportation, confinement and testing costs for that 
animal. 
Sec. 3. 22 MRSA §1313-B, sub-§l, as enacted by PL 1997, c. 704, §12, IS 
amended to read: 
1. Violation. A person who violates a rule established under this chapter commits a 
civil violation for which a forfeiture fine of not less than $-lOO $500 nor more than .uoo 
$1,000 may be adjudged for each offense. In addition, the court may include an order of 
restitution as part of the sentencing for costs including removing, controlling and 
confining the animal. 
Sec. 4. 22 MRSA §1313-B, sub-§2, as amended by PL 2007, c. 133, §3, IS 
further amended to read: 
2. Court authorization for removal. When heme reasonable cause exists to believe 
that quarantine procedures, as described on the official notice of quarantine, have been 
violated, or in the case of a 'Nolf hybrid, when if the owner or keeper of a wolf hybrid or 
other legally or iJIegally possessed undomesticated animal fails to bring the animal to a 
veterinarian for euthanasia and testing or to turn fails to relinquish the animal e¥ef to 
authorities as required by rules established pursuant to this chapter, an animal control 
officer, person acting in that capacity or law enforcement officer shall apply to the 
District Court or Superior Court for authorization to take possession of the animal .for 
placement, at the O'Nner's expense, in a veterinary hospital, boarding kennel or other 
suitable location for the remainder of the quarantine period or, in the case of a wolf 
hybrid, removal for euthanasia. At the end of the quarantine period for domestic animals, 
or if the animal ShO'NS signs of rabies, the person in possession of the animal shall report 
to the court, and the court shall either dissolve the possession order or order the animal 
euthanized and tested for rabies. 
A. A domesticated animal must be placed at the owner's expense in a veterinary 
hospital, boarding kennel or other suitable location for the remainder of the 
quarantine period. If reasonable cause exists to believe that the domesticated animal 
shows any symptoms of rabies during the quarantine, the person in possession of the 
animal shall immediately notify the animal control officer and have the animal 
examined by a licensed veterinarian. Ifthe licensed veterinarian has reasonable cause 
to believe that the animal has symptoms consistent with rabies, the person in 
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possession of the animal shall report to the court and the animal must immediately be 
euthanized and tested for rabies. At the end of the specified quarantine period, the 
person in possession of the animal shall report to the court and, if reasonable cause 
exists to believe that the domesticated animal has not developed symptoms consistent 
yvith rabies, the court shall dissolve the possession order or order the animal 
euthan ized. 
B. Wolf hybrids or other legally or illegally possessed undomesticated animals must 
be euthanized and tested for rabies. 
Sec. 5. 22 MRS A §1313-B, sub-§3, ~A, as enacted by PL 1997, c. 704, § 12, is 
amended to read: 
A. 
The municipality may record a lien for costs of confinement, quarantine and 
testing against the property of the owner or keeper of an animal if the person fails or 
refuses to comply with an order to confine or quarantine the animal; 
Sec. 6. 22 MRSA §1313-B, sub-§3, CUD, as enacted by PL 1997, c. 704, § 12, is 
amended to read: 
D. 
If the owner or keeper of the animal fails to pay the costs of confinement 6f~ 
quarantine or euthanasia within 30 days after written demand from the municipal 
officers, the municipal assessors may file a record of lien against the property of the 
owner or keeper of the animal. 
Sec. 7. 22 MRSA §2494, sub-§3, as amended by PL 2007, c. 539, Pt. F, § 1, is 
further amended to read: 
3. Three hundred dollars. One hundred seventy five Three hundred dollars for all 
other establishments, places and camps not included in subsection 1 or 2. 
Sec. 8. 22 MRSA §2502 is enacted to read: 
§2502. Transaction fee for electronic renewal of license 
The department may collect a transaction fee from a licensee who renews a license 
electronically under this chapter. The fee may not exceed the cost of providing the 
electronic license renewal service. 
The department may adopt rules necessary to 
implement this section. Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 9. 30-A MRS A §2652, sub-§l, C1jfC, as amended by PL 2005, c. 683, Pt. C, 
§8, is further amended to read: 
C. 
Affidavit establishing or correcting a record of birth, marriage or death as 
provided by Title 22, sections 2705 and 2764, $4; 
(1) Issuance of a copy of the record to the applicant, -$-W ill for the first copy 
and $§- iQ for each additional copy; 
Sec. 10. 30-A MRSA §2652, sub-§l, CUD, as amended by PL 2005, c. 683, Pt. C, 
§8, is further amended to read: 
D. 
Affidavit legitimating a birth as provided by Titl~ 22, section 2765, $4; 
(1) Issuance ofa copy of the amended birth record to the applicant, $-I-{) $15 for 
,the firstcopy and $§..$Q for each additional copy; 
Sec. 11. 30-A MRSA §2652, sub-§2, 'as amended byPL 2005, c. 86, § 1, IS 
further amended to read: 
2. Marriage intentions and license. Recording marriage intentions and issuing a 
marriage license, ~ 
$40, except, when the laws of this State require 2 licenses, the fee is 
$+§. $20 each; 
Sec. 12. 30-A MRSA §2652, sub-§3, as amended by PL 2005, c. 112, §§ 1 and 2, 
lOis further amended to read: 
3. Birth, marriage or death certificates. Issuing the following: 
A. 
Certificate of birth, marriage or death, the clerk may charge up to $-I-{) ill for 
the first copy and up to $5 $6 for each additional copy; and 
B. 
Burial permit, $§. $40; aOO 
Sec. 13.30-A MRSA §2652, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
4. 
Marginal release.' 
Entering in the margin of a record the release of an 
attachment, no charge; 
A. 
The person making the marginal release must sign it~; and 
Sec. 14. 30-A MRS A §2652, sub-§5 is enacted to read: 
5. 
Fees owed to the department. 
Of the fees collected under subsection I, 
paragraphs C and D; subsection 2; and subsection 3, paragraphs A and B, 25% of each 
fee collected is owed to and must be remitted to the Department of Health and Human 
Services. 
Each clerk shall remit the Department of Health and Human Services' share of the fees 
collected at the end of each calendar year quarter. These fees must be deposited in a 
nonlapsing special revenue account to be used by the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention for the support of the Office 
of Health Data and Program Management, Division of Data, Research and Vital 
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Statistics. 
Sec. 15. 30-A MRSA §2652, last G[, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, § I 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
If a municipality provides for a salary to be paid to the clerk as full compensation, all 
revenues received by the clerk on behalf of the town accrue to the municipality, except 
for those portions that must be remitted to the Department of Health and Human Services. 
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Sec. 16. 30-A MRSA §4211, sub-§5, as amended by PL 2009, c. 213, Pt. FFFF, 
§ 1, is further amended to read: 
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5. Permit fees. The following permit fees may be charged. 
A. 
A plumbing permit fee ef--$6 not to exceed $10 per internal fixture may be 
charged. 
C. A minimum fee, not to exceed ~ 
$40, may be charged for all internal plumbing 
permits combined. 
D. 
A nonengineered subsurface wastewater disposal system fee not to exceed 
$-tOO $250 may be charged, and a surcharge of $15 must be charged. The surcharge 
must be paid by the municipality to the Treasurer of State, who shall credit the 
amount to the Water Quality Improvement Fund established under Title 38, section 
424-B. 
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Sec. 17. 32 MRSA §1243, as amended by PL 1991, c. 416, §5, is further amended 
to read: 
§1243. Inspections 
Upon any person's request and payment of a $50 license fee not to exceed $150, the 
department shall inspect that person's training, place of practice and equipment for 
compliance with the rules adopted by the department under this chapter. All fees 
collected by the department must be deposited in the General Fund a special revenue 
account dedicated to a health inspection program. 
Sec. 18. 32 MRSA §4252, as amended by PL 1975, c. 293, §4 and PL 2003, c. 
689, Pt. B, §6, is f~rther amended to read: 
§4252. Issuance of licenses 
The Department of Health and Human Services is empowered to license persons to 
practice the art of tattooing. Such licenses shall be are issued annually by the department 
upon the payment of a fee e:f-$.W not to exceed $250. Licenses shall expire on September 
30th of each year. All fees collected by the department pursuant to this section must be 
deposited in a special revenue account dedicated to a health inspection program. 
Sec. 19. 32 MRSA §4314, as enacted by PL 1997, c. 383, §1, is amended to read: 
§4314. Fee 
The fee for a license under this chapter may not exceed $W.$liQ. The fee required 
by this section includes the cost of a biennial inspection of the micropigmentation facility 
by the department. However, the department may inspect the facility at any time. All 
fees collected by the department pursuant to this section must be deposited into a special 
revenue account dedicated to a health inspection program. 
Sec. 20. 32 MRSA §4325, as enacted by PL 1997, c. 206, § 1, is amended to read: 
§4325. Issuance of licenses 
The department may license persons to practice the art of body piercing. Licenses are 
issued annually by the department upon the payment of a fee not to exceed $1§. $250. 
The license for a person engaged in both the arts of tattooing, as defined by chapter 63, 
and body piercing may not exceed $-l-Q{} $300. The fee required by this section includes 
the cost of an annual inspection of the body piercing establishment by the department. 
Licenses expire one year from date of issue. 
All fees collected by the department 
pursuant to this section must be deposited into a special revenue account dedicated to a 
health inspection program. 
SUMMARY 
This bill implements the recommendations of an interagency work group on the 
control of rabies and allocates the responsibilities in various situations for taking 
possession, quarantine, confinement, testing and euthanasia of certain animals. 
This bill increases the maximum fees that may be charged with respect to certain 
documents regarding birth, marriage and death and requires that a portion of these fees be 
remitted to the Department of Health and Human Services, Maine Center for Disease 
Control and Prevention. It increases the maximum fee that may be charged for certain 
plumbing permits. It increases the license fee for certain eating "establishments, eating 
and lodging places, lodging places, recreational camps, youth camps and camping areas 
and allows the department to collect a transaction fee from a licensee who renews a 
license electronically. It increases the fee for a voluntary inspection by the department of 
an electrologist's training, place of practice and equipment. It increases the license fee for 
micropigmentation practitioners and tattoo and body piercing artists. It provides that fees 
collected by the depaltment for an inspection of an electrologist's training, placc of 
practice and equipment and license fees for micropigmentation practitioners and tattoo 
and body piercing artists must be deposited into a special revenue account for health 
inspections. 
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