An Act To
Maine Legislature, Session 125, LD 0744
Committee Amendment CA_A_H506 (House)
Amends: 5 MRSA §4553, 7 MRSA §3907, 7 MRSA §3961-A, 17 MRSA §1011, 17 MRSA §1312, 17 MRSA §1313, 17 MRSA §1314-A, 17 MRSA §3966

COMMITTEE AMENDMENT ,4" to H.P. 551, L.D. 744, Bill, "An Act To 
Amend the Definition of "Service Animal" To Conform with Federal Law" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 
MRSA §4553, sub-§9-D, as enacted by PL 2007, c. 664, §I, is 
repealed. 
Sec. 2. 5 MRSA §4553, sub-§9-E is enacted to read: 
9-E. Service animal. "Service animal" means: 
A. For the purposes of subchapter 4: 
(1) An animal that has been determined necessary to mitigate the effects of a 
physical or mental disability by a physician, psychologist, physician's assistant, 
nurse practitioner or licensed social worker; or 
(2) An animal individually trained to do work or perform tasks for the benefit of 
an individual with a physical or mental disability, including, but not limited to, 
guiding individuals with impaired vision, alerting individuals who are deaf or 
hard of hearing to intruders or sounds, providing reasonable protection or rescue 
work, pulling a wheelchair or retrieving dropped items; and 
B. For the purposes of subchapter 5, a dog that is individually trained to do work or 
perform tasks for the benefit of an individual with a disability, including a physical, 
sensory, psychiatric, intellectual or other mental disability. Other species of animals, 
whether wild or domestic, trained or untrained, are not service animals for the 
purposes of this definition. The work or tasks performed by a service animal must be 
directly related to the individual's disability. Examples of such work or tasks include, 
but are not limited to, assisting an individual who is totally or partially blind with 
navigation and other tasks, alerting an individual who is deaf or hard of hearing to the 
presence of people or sounds, providing nonviolent protection or rescue work, pulling 
a wheelchair, assisting an individual during a seizure, alerting an individual to the 
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COMMITTEE AMENDMENT ,A" to H.P. 551, L.D. 744 
presence of allergens, retrieving items such as medicine or a telephone, providing 
physical support and assistance with balance and stability to an individual with a 
mobility disability and helping a person with a psychiatric or neurological disability 
by preventing or intenupting impulsive or destructive behaviors. The crime deterrent 
effects of an animal's presence and the provision of emotional support, well-being, 
comfort or companionship do not constitute work or tasks for the purposes of this 
definition. 
Sec. 3. 7 MRSA §3907, sub-§24-A, as enacted by PL 2007, c. 664, §10, is 
amended to read: 
24-A. Service dog. "Service dog" means a dog that meets the definition of "service 
animal" set forth in Title 5, section 4553, subsection 9-l) 9-E, paragraph A or B. 
Sec. 4. 7 MRSA §3961-A, last" as amended by PL 2007, c. 664, § 13, is further 
amended to read: 
For the purposes of this section, "service animal" has the same meaning as set forth in 
Title 5, section 4553, subsection 9-l) 9-E, paragraph A or B. 
Sec. 5. 17 MRSA §1011, sub-§24-A, as enacted by PL 2007, c. 664, §16, is 
amended to read: 
24-A. Service dog. "Service dog" means a dog that meets the definition of "service 
animal" set forth in Title 5, section 4553, subsection 9-l) 9-E, paragraph A orB. 
Sec. 6. 17 MRSA §1312, sub-§7, as amended by PL 2007, c. 664, §20, is further 
amended to read: 
7. Service dog; definition. As used in this section, "service dog" means a dog that 
meets the definition of "service animal" in Title 5, section 4553, subsection 9-l) 9-E, 
paragraph B. 
Sec.7. 17 MRSA §1313, as amended by PL 2007, c. 664, §21, is fmiher amended 
to read: 
§ 1313. Motor vehicle drivers 
The driver of a vehicle approaching a totally or partially blind or otherwise physically 
disabled pedestrian who is carrying a cane predominantly white or metallic in color, with 
or without a red tip, or using a service dog as defined in section 1312, subsection 7 shall 
take all necessary precautions to avoid injury to that blind or otherwise physically 
disabled pedestrian, and any driver who fails to take such precautions is liable in damages 
for any injury caused the pedestrian. A totally or partially blind or otherwise physically 
disabled pedestrian, not carrying such a cane or using a service dog in any of the places, 
accommodations or conveyances listed in section 1312, has all of the rights and privileges 
conferred by law upon other persons, and the failure of a totally or partially blind or 
otherwise physically disabled pedestrian to carry such a cane or to use a service dog in 
any such places, accommodations or conveyances may not be held to constitute nor be 
evidence of contributory negligence. 
Sec. 8. 
MRSA §1314-A, as amended by PL 2007, c. 664, §22, is further 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT",tl to H.P. 551, L.D. 744 
§1314-A. Misrepresentation of service dog 
A person who fits a dog with a harness, collar, vest or sign of the type commonly 
used by blind persons in order to represent that the dog is a service dog or commonly 
used by persons with disabilities to represent that the dog is a service dog when training 
of the type that guide dogs normally receive has not been provided or when the dog does 
not meet the definition of "service dog" as defined in section 1312, subsection 7 commits 
a civil violation for which a fine of not more than $500 may be adjUdged. 
Sec. 9. 17 MRSA §3966, last ~, as amended by PL 2007, c. 664, §23, is further 
amended to read: 
For the purposes of this section, "service animal" has the same meaning as set forth in 
Title 5, section 4553, subsection 9-D 9-E, paragraph A or B.' 
SUMMARY 
This amendment replaces the bill. 
The bill contains the definition of "service animal" as adopted by the United States 
Department of Justice in regulations to implement the Americans with Disabilities Act of 
1990. This definition is inconsistent with the definition of "service animal" adopted in 
regulations by the United States Department of Housing and Urban Development. 
This amendment retains the current definition of "service animal" in the Maine 
Human Rights Act, which applies in fair housing circumstances, and adds the definition 
of "service animal" from the bill, which is specific to dogs in public accommodations 
circumstances. 
This amendment updates cross-references in the animal welfare laws in the Maine 
Revised Statutes, Title 7 and Title 17, the model white cane law in Title 17 and the 
miscellaneous crimes chapter in Title 17. 
COMMITTEE AMENDMENT