An Act To
Maine Legislature, Session 124, LD 1103
Committee Amendment CA_A_H523 (House)
Amends: 7 MRSA §3909, 7 MRSA §3913, 7 MRSA §3919-A, 7 MRSA §3936, 7 MRSA §3947, 7 MRSA §3948, 7 MRSA §4015, 7 MRSA §4162, 17 MRSA §1037

COMMITTEE AMENDMENT "A" to H.P. 758, L.D. 1103, Bill, "An Act To 
Amend the Animal Welfare Laws" 
Amend the bill by striking out all of section I. 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 7 MRS A §3907, sub-§8, as amended by PL 1997, c. 33, § I, is further 
amended to read: 
8. BoanJing I{ennel. "Boarding kennel" means any place, building, tract of land or 
abode in or on which 3 or more privately owned dogs or other pets, or both, companion 
animals are kept at anyone time for their owners in return for a fee or cOlnpensation and 
includes a facility where 3 or IllOre companion animals are kept for training purposes for 
compensation. ' 
Amend the bill in section 5 in subsection 17 in the 3rd line (page 2, line 16 in L.D.) 
by inserting after the following: "sledding" the following: '~' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 7 MRSA §3909, sub-§2, as amended by PL 1997, c. 683, Pt. B, § I, is 
further amended to read: 
2. Designated employees of the department. For purposes of prosecution under 
this section, the commissioner may authorize humane agents and a state veterinarian who 
have been certified in accordance with subsection 3-A to. issue and serve civil process 
violation processes against offenders pursuant to the Maine Rules of Civil Procedure, 
Rule 80H and any other applicable rules of court for violations of this Part. / The 
commissioner may authorize certified humane agents or a celiified state veterinarian to 
represent the depaliment in District Court in the prosecution of civil violations of these 
laws. Certification of the humane agents and a state veterinarian for this purpose is as 
provided under Title 30 A, section 4453, subsection 5. Once celiified, prosecution by the 
A certified humane agent or a certified state veterinarian may seek civil penalties as 
Page I - 124LR0455(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A" to H.P. 758, L.D. 1103 
provided by law as well as a permanent or temporary injunction, restraining order or 
other equitable relief as the court finds appropriate.' 
Amend the bill in section 7 in subsection 2-A in paragraph A in the 4th line (page 2, 
line 37 in L.D.) by striking out the.following: "individual law enforcement officers" and 
inserting the following: 'humane agents and a state veterinarian certified under subsection 
3-A' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 7 MRSA §3909, sub-§3-A, as amended by PL 2003, c. 536, §3, is fmiher 
amended to read: 
3-A. 
Humane agents; training requirements. 
Continuing employment of a 
humane agent hired after October 1, 2003 is contingent upon the successful completion 
by that agent of a 100-hour service training program at the Maine Criminal Justice 
Academy or a nationally recognized training program on investigation and enforcement 
of animal welfare laws and the successful completion of an examination on state animal 
welfare laws and rules adopted pursuant to this Part. To issue and serve civil violation 
processes or represent the department in District Court under subsection 2, a humane 
agent or a state veterinarian must have completed a program at the Maine Criminal 
Justice Academy that certifies familiarity with court procedures. 
A humane agent, regardless of appointment date, shall complete training in the handling 
of small and large animals and a minimum of 40 hours of training each year, including a 
combination of classroom and hands-on training.' 
Amend the bill by striking out all of section 8 and inserting the following: 
'Sec. 8. 7 MRSA §3909, sub-§5 is enacted to read: 
5. Enforcement pmvisionj animal control officers. The celiification of an animal 
control officer under section 3906-B may be suspended or revoked by the commissioner 
in accordance with Title 5, chapter 375.' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 7 MRSA §3913, sub-§2-A, as amended by PL 1997, c. 690, § 1 1, IS 
further amended to read: 
2-A. Animal shelter. An animal shelter, as defined in section 3907, to which a stray 
dog is taken shall accept the dog for a period of 6 days unless the shelter is in quarantine 
or has a bona fide lack of adequate space. +fle Except as provided in subsection 2-B, the 
acceptance entitles the animal shelter to receive from the department the sum of $4 a day 
for the period for which food and shelter are furnished to the dog. An animal shelter may 
refuse to accept dogs from municipalities notcontracting with that animal shelter. 
Sec. 10. 7 MRSA §3913, sub-§2-B is enacted to read: 
2-D. Adoption policy. Beginning January 1, 2010, to be eligible for reimbursement 
under subsection 2-A, an animal shelter must have an adoption policy. An adoption 
policy must provide for a dog to be available for adoption for a minimum of 24 hours 
except as provided in subsection 6.' 
Amend the bill by striking out all of section 9. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A "to H.P. 758, L.D. 1103 
Amend the bill by striking out all of section 10 and inseliing the following: 
'Sec. 10. 7 MRSA §3919-A, sub-§2, as amended by PL 2007, c. 439, §9, IS 
fUliher 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 or, for feral cats, not less than 24 hours. After 
the 24-hour or 48-hour period, the animal shelter may treat the cat as a homeless cat and 
may: 
A. 
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 sell or give a cat to a research facility.' 
Amend the bill by striking out all of section 14. 
Amend the bill in sectiOll 16 in subsection 3 in the last line (page 5, line 36 in L.D.) 
by striking out the following: "immediately upon" and inserting the following: 'within 24 
hours of the' 
Amend the bill by striking out aIJ of section 18 and inseliing the following: 
'Sec. 18. 7 MRSA §3936" sub-§2, as amended by PL 1993, c. 89, § 1 and PL 
1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
2. Suspension of license. The District Court, upon complaint of the commissioner, 
the Attorney General or the Commissioner of Inland Fisheries and \Vildlife, department 
may , in accordance with Title 5, chapter 375, subchapter 5, revoke or suspend a kennel, 
boarding kennel, breeding kennel, animal shelter or pet shop license if a person 
maintaining the kennel, boarding kennel, breeding ,kennel, animal shelter or pet shop 
violates any quarantine or maintains animals contrary to the rules adopted by the 
depaItment, fails to keep records required by the depmtmeilt or violates any provision of 
the laws or rules of the Department of Inland Fisheries and Wildlife pertaining to wildlife 
importation and possession.' 
Amend the bill by striking out aIJ of sections 20 and 21 and insel'ting the following: 
'Sec. 20. 7 MRSA §3947, as amended by PL 2009, c. 177, §I, is fUlther amended 
to read: 
§3947. Animal control ofJicers 
Each municipality shall appoint one or more animal control officers whose duties are 
enforcement of sections 3911, 3912, 3916, 3921, 3924, ~ 
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. 
A municipality may appoint an 
employee of an animal shelter as an animal control officer as long as the person meets the 
qualifications and training requirements of this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A 
"to H.P. 758, L.D. 1103 
A municipality may not appoint a person to the position of animal control officer who 
has been convicted o'f murder, a Class A or Class B offense or a violation of Title I7-A, 
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 tInder chapter 
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 of 8 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 of the animal control officer 
within 10 business days. 
In the event the position is vacant upon termination or 
resignation of the animal control officer, the municipal clerk shall notify the 
commissioner within 10 business days of the vacancy. 
Sec. 21, 7 MRSA §3948, sub-§2, as amended by PL 1997, c. 690, §30, is further 
amended to read: 
2. Medical attention. Law enforcement officers and animal control officers shall 
take a stray animal to its owner, if known, or, if the owner is unknown, to an animal 
shelter and shall ensure that any injured companion animal that is at large or in a public 
way is given proper medical attention.' 
Amend the bill in section 22 in subsection 2 in the 2nd line (page 7, line 18 in L.D.) 
by striking out the following: n$M) $250" and inserting the following: '$50' 
Amend the bill by striking out all of section 23 and inserting the following: 
'Sec. 23. 7 MRSA §4015, sub-§6, as amended by PL 2007, c. 439, §28, is further 
amended to read: 
6. 
Dogs confined by tethering for long time periods. 
Tn addition to the 
requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the 
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 with a 
baffle or other means of keeping wind and precipitation out of the interior. 
The 
shelter must be constructed of materials with a thermal resistance factor of 0.9 or 
greater and mllst 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,4 " 
to I-I.P. 758, L.D. 1103 
dog. 
For dogs other than arotio breeds dogs kept as sled dogs or dogs used in 
competition, 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 arotio bree4i dogs kept as 
sled dogs or dogs used in competition, the chain or tether must be: 
(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 
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(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 360
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 and "dogs kept as sled dogs 01' dogs used in competition" means dogs 
regularly and consistently used in training 01' participation in competitive 01' recreational 
sled dog activities or other competition canine events.' 
Amend the bill by striking out all of section 24 and inserting the following: 
'Sec. 24. 7 MRSA §4162, as repealed and replaced by PL 1997, c. 690, §55 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
§4162. Additional penalties 
1. Civil violation. A person who fails to meet a requirement of this chapter commits 
a civil violation for which a forfeiture not to exoeed $100 fine of not less than $50 or 
more thail $500 per violation may be adjudged. 
2. Action against pet shops and bl'eeding kennels. The department may tHe--atl 
aotion in District Court to, in accordance with Title 5, chapter 375, subchapter 5, revoke 
01' suspend the license of a pet shop or breeding kennel that violates any provision of this 
chapter or rules adopted tinder section 3906-B, subsection 10 to implement'this chapter.' 
Amend the bill in section 25 in subsection 17 in the 3rd line (page 8, line 25 in L.D.) 
by inselting after the following: "sledding" the following: ',,' . 
·30 
Amend the bill by striking out all of section 26 and insertiilg the following: 
'Sec. 26. 
MRSA §1037, sub-§7, as enacted by PL 2005, c. 340, §4, is 
amended to read: 
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7. 
Dogs conJined by tethering fOI" long time pedods. 
In addition to the 
requirements of subsection 2, paragraph B, subparagraph (2), when tethering is the 
primary means of confinement for a dog, the standards for shelter and tethering are as 
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follows: 
A. A shelter must be provided that is fully ericlosed except for a pOltal. 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 
manner that-keej35 with a baffle or other means of keeping wind and precipitation out 
of the interior. The shelter must fla.ve be constructed of materials with a thermal 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 758, L.D. 1103 
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 dogs kept as sled dogs or dogs used in 
competition, 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 dogs kept as 
sled dogs or dogs used in competition, the chain or tether must be: 
(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 360' area of 
movement. 
For the purposes of this subsection, "primary mea~s 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 and "dogs kept as sled dogs or dogs used in competition" means dogs 
regularly and consistently used in training or participation in competitive 01' recreational 
sled dog activities or other competition canine events.' 
Amend the bill by relettering or renumbering any nonconsecutive Pali letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes the section of the bill that expanded membership on the 
Animal Welfare Advisory Council. 
It also removes language that included day care 
facilities for companion animals in the definition of "boarding kennel" and the 
requirement that a person operating a wolf hybrid kennel maintain records for 10 years. 
It removes the requirement that the Department of Agriculhlre, Food and Rural Resources 
must approve an animal shelter's adoption policy for the shelter to be. eligible for 
reimbursement. 
It clarifies that only humane agents and state veterinarians who have received training 
and certification from the Maine Criminal Justice Academy are authorized to serve civil 
process or represent the Department of Agriculture, Food and Rural Resources in District 
Court. It revises the shelter and tethering requirements for dogs used in competition to 
mirror the requirements for dogs kept as sled dogs. It clarifies that the process for the 
Commissioner of Agriculture, Food and Rural Resources to revoke or suspend licenses 
must be in accordance with the Maine Administrative Procedure Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/28/09 Mac 
124tb MAINE LEGISLATURE 
LD 1103 
LR 455(02) 
An Act To Amend the Animal Welfare Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
( 
"urrectional and Judicial Impact Statements 
Increases number of Class E crimes; increases conectional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Departments of Agriculture, Food and Rural Resources and Public Safety can be absorbed 
within existing budgeted resources. 
LR0455(02) - Fiscal Note - Page 1 of)