Maine Legislature, Session 124, LD 1286
Committee: Agriculture, Conseniation and Forestry
Sponsors: NASS, GERZOFSKY, NUTTING, SHERMAN, CRA YofPalmyra, MILLER, PIEH, SMITH
Amends: 7 MRSA §3906-B, 7 MRSA §3913, 7 MRSA §3916, 7 MRSA §3916-A, 7 MRSA §3921, 7 MRSA §3922, 7 MRSA §3923-C, 7 MRSA §3923-D, 7 MRSA §3923-F, 7 MRSA §3942, 7 MRSA §3943, 7 MRSA §3944, 7 MRSA §3945, 7 MRSA §3946, 7 MRSA §3947, 7 MRSA §3950-A

FIRST REGULARSESSION-2009 
Legislative Document 
No. 1286 
S.P.467 
In Senate, March 31, 2009 
AnAct To Amend State Dog Licensing Laws . 
Reference to the Committee on Agriculture, Conseniation and Forestry suggested and 
ordered printed. 
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Presented by Senator NASS of York. 
9r!)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
'. Cosponsored by Senators: GERZOFSKY of Cumberland, NUTTING of Androscoggin, 
SHERMAN of Aroostook, Representatives: CRA YofPalmyra, MILLER of Somerville, PIEH 
of Bremen, SMITH of Monmouth. 
Printed on recy~lcd paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §3906-B, sub-§3, as enacted by PL 19?1, c. 779, §9, is repealed. 
Sec. 2. 7 MRS A §3907, sub-§28, as enacted by PL 1987, c. 383, §3; is amended 
to read: 
28. Warrant. "Warrant" means an order of municipal officers directing a police 
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officer, constable, sheriff or animal control officer to enter.a complaint and summons 
against the owners or keepers of unlicensed unvaccinated dogs following notice of and 
noncompliance with a violation of law. 
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Sec. 3. 7 MRS A §3911, as amended by PL 1999, c. 254, §3, is further amended to 
read: 
§3911. Dogs at large 
It is unlawful for any dog, licensed or unlicensed, to be at large, except when used for' 
hunting. The owner or keeper of ~my dog found at large is subject to the penalties 
provided in this chapter. 
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Sec. 4. 7 MRSA §3913, sub-§3, ';fC, as amended by PL 1991, c. 779, §22, is 
further amended to read: 
C. If the owner claims the dog within the 6-day period, the owner may have and 
receive the dog upon payment of all department-approved fees as provided in 
subsection 2-A, the municipal impoundment fee· and actual fees incurred for food, 
shelter, veterinai-y care and any other fees required by this chapter for each day that 
the dog has been sheltered, provided that the dog is licensed in accordance with 
chauter 721. 
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Sec. 5. 7 MRS A §3913, sub-§4, ~A, as amended by PL 2007, c. 439, §6, is 
further amended to read: 
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A. 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 vlith chapter 721; or 
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Sec. 6. 7 MRS A §3916, sub-§l-A, as amended by PL 2007, c. 439, §8, is further 
amended to read: 
I-A. Required for dogs. A person owning or keeping a dog shall, within 30 days 
after the dog attains the age of 6 months, cause the dog to be 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 except that the requirement of irrimunization may be waived by the 
municipal clerk under conditions set forth by the Commissioner of Health and Human· 
Services. 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. 
Page I - 124LR1376(Ol)-1 
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Sec. 7. 7 MRSA §3916, sub-§2-A, as enacted by PL 2007, c. 119, § 1, is amended 
to read: 
2-A. 
Notice to department .. A vetermarian who issues a certificate of rabies 
vaccination for a dog pursuant to subsection 2 shall, within 30 days of issuing the 
certificate, forward by mail, e-mail or f'mr facsimile transmission a copy of that certificate 
to the department. The department shall send a copy of the certificate by mail, e-mail or 
f'mr facsimile transmission to the clerk of the municipality in which the owner resides. If 
the o'.vn~r resides in the unorganized territory, the department shall send a copy of the 
·certificate to the dog recorder in that unorganized territory or, in the absence of a duly 
authorized dog recorder, to the dog recorder in the nearest municipality or unorganized 
territory in the same county in vlhich the oviner resides. The· department may shall retain 
a copy or electronic record· of the rabies certificate. The department may accumulate 
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certificates received and distribute them periodically to the appropriate municipalities and 
dog recorders. Distributions must be made no fewer than -4-l tiI11es a year. 
Sec.~. 7 MRSA §3916-A is enacted to read: 
§3916-A. Animal welfare surcharge 
A distributor that sells a rabies vaccine to a person for use in this State shall pay a $5 
surcharge per dose sold in acc.ordance with rules adopted by the commissioner. The 
distributor shall forward the surcharge to the commissioner on a quarterly basis· in 
accordance with rules adopted by the commissioner for deposit into the Animal Welfare 
- Fund established under section 3906-B, subsection 2. 
For the purpose of this section, "dose" means the average amount of rabies vaccine 
required to vaccinate a dog as determined by rule. The commissioner shall adopt rules 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. 7 MRSA §3921, as amended by PL 1997, c. 690, § 13, is repealed. 
Sec. 10. 7 MRSA §3922; as amended by PL 2007, c. 664, §11, is repealed. 
Sec. 11. 7 MRS A §3923-A, as amended by PL2007, c. 664, §12, is repealed. 
Sec. 12. 7MRSA §3923-B, sub-§I, as amended by PL 2007, c. 439, §16, is. 
repealed. 
Sec. 13. 7 MRS A §3923-B, sub-§3, as ·amended by PL 1999, c. 254, §6, is 
further amended to read: 
3. Exceptions.: A dog is not required to wear a tag when on the premises of the 
owner or off the prerriises 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 rabi"es immunization within 24 hours upon request by a 
humane agent, animal control officer or law" enforcement officer, including a game 
warden. 
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Sec. 14. 7 MRSA §3923-C, sub-§2-A, as amended by PL 2003, c. 405, §14, is 
further amended to. read: 
2-A. License fees. A kennel awner shall pay a fee afW $21 to. the municipal cl~[k 
for each license to. keep dags. A license is needed anly far dags 6 manthsaf age QfraldJlIl: 
A kennel awner may nat keep more than 10 dags per license. The clerk shalljretJ:iinl~~li 
as a recording fee and forward $-l-Q $5 to.. the municipality's animal w\~f&r!.&' ac.c.QUfi~ 
established pursuant to. sectian 3945 and,$W $15 to. the Animal Welfare IHln41. 
Sec. 15. 7 MRS A §3923-C, sub-§4, as amended b;y PL. 199.17', c" 690, §20; is 
further amended to. read: 
4. Kennel tags .. Dog~ cO;vefea &y a kennel license must he fumished' suitable kennel 
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tags and stickers that must be attached to the' back ('}f the tag indicating the year the 
license is issued and bearing ather informatian as; prescribed by the departm~nt and I1Ff'. 
not reQuired to be individuaHv licensed. 
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s.ec. 16. 7 MRSA §3923-D, as amended by PL 1997, c. 690, §22, is repealed. 
Sec. 17. 7 MRS A §3923-E, as enacted by PL 1993, C. 657, §27, is amended to. 
read: 
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§3923-E. Monthly report 
Municipal clerks or dog recorders shall receive the license fees in accardance with 
sections 3923 A and sectian 3923-C, pay them to. the department and. make a manthly 
repart to. the department an a department-approved farm af all licenses issued and fees 
received. 
Sec. 18. 7 MRSA §3923-F, as enacted by PL 2001, c. 422, §1O, is repealed. 
Sec. 19. 7 MRS A §3923-G, as amended by PL2007, c. 439, § 17, is repealed. 
Sec. 20. 7 MRS A §3924, as amended by PL 1997, c. 690, §23, is repealed. 
Sec. 21. 7 MRS A §3939, as enacted by PL 1993, c. 657, §37, is amended to. read: 
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§3939. Dog facility licenses 
Nathing in this chapter may be canstrued to. exempt E! licensed facilities facility fram 
the license requirements af chapter 721 .. 
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Sec. 22. 7 MRSA §3942, as amended by PL 2003, c. 405, §20, is repealed. 
Sec. 23. 7 MRSA §3943, as amended by PL 2003, c. 405, §21, is repealed . 
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Sec. 24. 7 MRSA §3944, as amended by PL 1997, c. 690, §27, is further amended 
to. read·: 
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§3944. Issuance of kennel licenses 
Municipal clerks and dog recorders;-; sh;;l.ll, is.s.ue. kennel licens.es tQ kennel owners or 
operators in accordance with section 3921tTC:'. 
Sec. 25. 7 MRSA §3945, as amended by PL 2001, c. 617, §:8!, is. further amended 
to read: 
§3945. Use of license fees and court fines retai,ned by municipalities 
Except for the $1 recordingfu.El,·pursuant to section:W42~-l1etaiI)ed by the municipal 
clerk, all All fees and court fme_s; retained b~, I].TI1Pi¢ip,alities m~8t b~· k~.]jlJt i;T:l; ~ separate 
account and must be used for the s~lari~s. arut CG'ilvs; <Df ammaill contr0I,. eruOFcement of 
!icen:;i!ig laws, care of stray animals that are ii1jured or abandoned and the: support oione 
or more approved animal shelters. Any money not expended for these purposes in a 
municipality's fiscal year does not lapse, but must be carried over to the next fiscal' year. 
Sec. 26. 7 MRSA §3946, as amended by PL 1995, c. 490, §15, is repealed. 
Sec. 27. 7 MRSA §3947, first~" as amended by PL 2007, c. 439, §26, is further 
amended to read: 
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 any other duties to 
control animals as the municipality may require. 
Sec. 28. 7 MRSA §3950-A, sub-§l, as enacted by PL 2003, c. 452, Pt. B, §21 
and affected by Pt. X, §2, is amended to read: . 
1. 
Violation. 
A mayor, municipal officer, clerk, town or city manager, 
administrative assistant to the mayor, town or city councilor, dog recorder of unorganized 
. territories, constable, police. officer, sheriff or animal control officer commits a civil 
violation if that person refuses or intentionally fails to perform the duties imposed by: 
A. This chapter; 
B. Chapter 719; 
C. Chapter 720; 
D. Chapter 721 ; 
E. Chapter 725; or '. 
F. Chapter 727. 
SUMMARY 
This bill repeals licensing requirements for an individual dog and institutes a $5 
surcharge per dose on all rabies vaccines, to be paid by a distributor that sells rabies 
. vaccines in this State and deposited in the Animal Welfare Fund. The cominissioner is . 
directed to adopt rules to implement the animal welfare surcharge as established in the 
Maine Revised Statutes, Title 7, section 3916-A. The certificate of rabies vaccination 
acts as a license. This bill also reduces the kennel license fee from $42 to $21. 
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