An Act To
Maine Legislature, Session 124, LD 1587
Committee Amendment CA_A_H684 (House)
Amends: 7 MRSA §3906, 7 MRSA §3923-A, 7 MRSA §4041

COMMITTEE AMENDMENT "A" to H.P. 1125, L.D. 1587, Bill, "An Act To 
Amend the Animal Welfare Laws" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency pl·eamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, actions to increase funds available to both the State and municipalities 
charged with administering and enforcing the animal welfare and dog licensing laws will 
benefit administration and enforcement of those laws; and 
Whereas, Public Law 2009, chapter 343, section 13 inadveliently reduced 
anticipated revenue to municipalities from the collection of late fees for dog licensing; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine 'and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by inserting before section I the following: 
'Sec. 1. 
MRSA §3906":B, sub-§16, as amended by PL 2005, c. 281, §4, IS 
further amended to read: 
16. Auimal welfare auxilial'Y fuud. The commissioner may accept gifts, donations, 
bequests, endowments, grants and matching funds from any private or public source for 
the purposes of ensuring the humane and proper treatment of animals and enhancing the 
administration and enforcement of this Part and Title 17, chapter 42. The commissioner 
shall deposit all funds accepted for these purposes and all proceeds from sales authorized 
under subsection [7 into a separate, non lapsing account known as the animal welfare 
. auxiliary fund. 
All gifts, donations, bequests, endowments, grants, proceeds and 
matching funds received must be used for the benefit of and accomplishment of the 
Page I - 124LR2214(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,·A" Lo H.P. 1125, L.D. 1587 
objectives in this PaIi and Title 17, chapter 42 and any gift, donation, bequest, 
endowment, grant or matching funds accepted with a stipulated purpose may be used only 
for that purpose. 
All money deposited in the animal welfare auxiliary fund in accordance with section 
1820-A, subsection 4 must be used for investigating alleged cases of mistreatment or 
abuse of equines and enhanCing enforcement of this Part and Title 17, chapter 42 as these 
laws pertain to equines.' 
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Amend the bill by inserting after section 1 the following: 
'Sec. 2. 
MRSA §3923-A, sub-§4, as amended by PL 2009, c. 343, § 13, IS 
fmiher amended to read: 
4. Late fees. An owner or keeper required to license a dog under section 3922, 
subsection 1 or section 3923-C, subsection 1 and applying for a license for that dog after 
January 3lst shall pay to the municipal clerk or dog recorder a late fee of $-I-§: $25 in 
addition to the annual license fee paid in accordance with subsection 1 or 2 and section 
3923-C, subsection 1. The clerk or dog recorder shall deposit all late fees collected under 
this subsection into the municipality's animal welfare account established in accordance 
with section 3945.' 
Amend the bill in section 2 in subsection I-A in the 2nd line (page 1, line 9 in L.D.) 
by inseliing after the following: "another or" the following: 'unattended' 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 7 MRSA §4041, sub-§4, as amended by PL 1999, c. 254, § 15, is further 
amended to read: 
4. Fine. A forfeiture fine of not less than $50 nor more than $500 must be adjudged 
for a civil violation under subsection 3. 
In addition, the court may as part of the 
sentencing include an order of restitution for costs incurred in removing and controlling 
the animal. 
When appropriate, the couli may order restitution to the property owner 
based on damage done and financial loss. 
Any restitution ordered and paid must be 
deducted from the amount of any judgment awarded in a civil action brought by 'the 
owner against the offender based on the same [acts. When an owner or keeper violates 
this section 3 or more times within a 90-day period, the couli shall order restitution of all 
costs incurred by the depaIiment in assisting an animal control officer or law enforcement 
officer responding to a violation of this section.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any noncoilsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble and emergency clause to the bill. This 
amendment changes the late fee for dog licenses from $15 to $25. Provisions requiring a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,4" to H.P. 1125, L.D. 1587 
. municipal warrant and a $25 late fee for dogs not licensed by Januaty 30th were repealed 
by Public Law 2009, chapter 343, section 13 without the intended corresponding increase 
in the late fee without a warrant. This amendment also clarifies means by which the 
Department of Agriclilture, Food, and Rural Resources can recover costs incurred while 
assisting a municipality or law enforcement officer in responding to a violation of animal 
trespass laws. The amendment also clarifies that the animal trespass provision applies to 
animals that are unattended on a public road. 
FISCAL NOTE REQJ)lRED 
(See Attaclled) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/24/10 frac:.. 
LD 1587 
LR 2214(02) 
An Act To Amend the Animal Welfare Laws 
Fiscal Note for Bill as Amended by Committee Amendment fA" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - Other Special Revenue Funds 
This legislation would result in a minor increase in revenue to the Department of Agriculture, Food and Rural 
Resources not requiring any change to the budget. 
LR2214(02) - Fiscal Note - Page 1 of 1 
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