An Act Relating to Identification of Service Animals
Maine Legislature, Session 125, LD 0785
Committee: Agriculture, Conservation and Forestry
Sponsors: CRAY, SHERMAN, AYOTTE, BLACK, DILL, FOSTER, GIFFORD, LONG
Amends: 5 MRSA §4592, 7 MRSA §3906-B

Legislative Document 
No. 785 
H.P. 592 
House of Representatives, March 1, 2011 
An Act Relating to Identification of Service Animals 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CRAY of Palmyra. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: AYOTTE of Caswell, BLACK of Wilton, DILL of Old Town, FOSTER of 
Augusta, GIFFORD of Lincoln, LONG of Sherman, McFADDEN of Dennysville. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Maine's dog licensing law provides a means of verifying that a dog is a 
service dog; and 
Whereas, it is in the public interest to deter people from misrepresenting dogs as 
service dogs; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §4592, sub-§8, as enacted by PL 2007, c. 664, §7, is amended to 
read: 
8.  Service animals.  For any public accommodation or any person who is the owner, 
lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any 
place of public accommodation to refuse to permit the use of a service animal or 
otherwise discriminate against an individual with a physical or mental disability who uses 
a service animal at the public accommodation unless it is shown by defense that the 
service animal poses a direct threat to the health or safety of others or the use of the 
service animal would result in substantial physical damage to the property of others or 
would substantially interfere with the reasonable enjoyment of the public accommodation 
by others.  The use of a service animal may not be conditioned on the payment of a fee or 
security deposit, although the individual with a physical or mental disability is liable for 
any damage done to the premises or facilities by such a service animal. 
The owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or 
employee of a place of public accommodation may request a person using a service 
animal to present verification that the animal is a service animal.  The request may be 
made prior to the person's entering or while the person is in the place of public 
accommodation. 
Sec. 2.  7 MRSA §3906-B, sub-§1, as amended by PL 1997, c. 690, §1, is further 
amended to read: 
1.  Dog licensing laws.  The commissioner shall carry out the dog licensing laws and 
furnish to municipalities all license blanks, stickers and tags.  The commissioner shall 
furnish municipalities with tags to identify dogs licensed as service dogs under section 
3922, subsection 4. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill clarifies the responsibility of the Department of Agriculture, Food and Rural 
Resources to provide municipalities with tags to identify dogs licensed as service dogs.  It 
allows the owner or manager of a public place to request verification when a person 
accompanied by an animal is entering or within that place.