An Act To Revise the Animal Welfare Laws
Maine Legislature, Session 126, LD 0484
Committee: Agriculture, Conservation and Forestry
Sponsors: GIFFORD, BOYLE, BLACK, JONES, NOON, SHERMAN
Amends: 7 MRSA §3907, 7 MRSA §3919, 7 MRSA §3919-E, 7 MRSA §3922, 7 MRSA §3923-A, 7 MRSA §3923-B, 7 MRSA §3923-F, 7 MRSA §3932, 7 MRSA §3932-A, 7 MRSA §4011, 17 MRSA §1031

Legislative Document 
No. 484 
H.P. 334 
House of Representatives, February 14, 2013 
An Act To Revise the Animal Welfare Laws 
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GIFFORD of Lincoln. 
Cosponsored by Senator BOYLE of Cumberland and 
Representatives: BLACK of Wilton, JONES of Freedom, NOON of Sanford, Senator: 
SHERMAN of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3907, sub-§1-A, as amended by PL 1993, c. 657, §1, is 
repealed. 
Sec. 2.  7 MRSA §3907, sub-§1-B is enacted to read: 
1-B.  Abandoned animal.  "Abandoned animal" means an animal that has been 
deserted by its owner or keeper, excluding animals that are part of a population control 
effort. 
Sec. 3.  7 MRSA §3907, sub-§12-F is enacted to read: 
12-F.  Dog licensing agent.  "Dog licensing agent" means a veterinarian office or 
animal shelter that licenses dogs for a municipality. 
Sec. 4.  7 MRSA §3907, sub-§15-C is enacted to read: 
15-C.  Humanely trap.  "Humanely trap" means to trap an animal using traps and 
trapping methods that are designed to avoid injury to animals to the greatest extent 
practicable for animal control or animal rescue purposes. 
Sec. 5.  7 MRSA §3907, sub-§23-B is enacted to read: 
23-B.  Population control effort.  "Population control effort" means the activities, 
programs and projects aimed at reducing the number of cats and dogs without homes, 
including, but not limited to, the trapping, neutering, vaccinating and returning to the wild 
of feral cats, the trapping of cats for impoundment at an animal shelter and spaying or 
neutering services for abandoned animals and stray dogs and cats. 
Sec. 6.  7 MRSA §3907, sub-§25-B is enacted to read: 
25-B.  Small animal.  "Small animal" means a bird, reptile or amphibian or a small 
mammal, other than a cat or dog, commonly kept as a household pet and that is an 
unrestricted species designated by the Commissioner of Inland Fisheries and Wildlife in 
rules adopted pursuant to Title 12, chapter 915. 
Sec. 7.  7 MRSA §3919, as enacted by PL 2001, c. 363, §3, is amended to read: 
§3919.  Seizure of stray cats and small animals 
1.  Definition.  For the purposes of this chapter, a "stray cat" means a cat on the 
premises of a person other than the owner of the cat, without the consent of the owner or 
occupant of the premises, on a public street or on other public property, except under the 
physical control of the owner. 
2.  Seizure by animal control officer.  An animal control officer or person acting in 
that capacity may seize or humanely trap a stray cat or small animal and deliver it to an 
animal shelter as provided for in section 3919-A or section 3919-E or to the owner, if the 
owner is known.  If ownership can not be established, such a cat or small animal may be 
handled as a homeless cat or small animal for the purpose of acceptance and disposition 
by an animal shelter. 
3.  Person finding stray cat.  A person finding a stray cat or small animal and not 
knowing the owner or residence of the cat or small animal may take that cat or small 
animal to the animal shelter designated by the municipality in which the cat or small 
animal was found. 
Sec. 8.  7 MRSA §3919-E is enacted to read: 
§3919-E.  Disposition of small animals 
1.  Small animals.  When an animal shelter accepts a small animal under section 
3919 and the animal does not have identification, the animal shelter shall hold that small 
animal for not less than 48 hours.  After the expiration of the 48-hour period, the animal 
shelter may treat the small animal as homeless and may: 
A.  Offer the small animal for adoption, sell the small animal, give away the small 
animal or transfer the small animal to an appropriate facility or rescue group that can 
provide for that specific type of small animal; or 
B.  Otherwise dispose of the small animal humanely in accordance with Title 17, 
chapter 42, subchapter 4. 
An animal shelter may not sell or give any small animal to a research facility. 
2.  Exceptions.  A small animal that is subject to permit requirements of the 
Department of Inland Fisheries and Wildlife under Title 12, chapter 915 may not be 
adopted or have its ownership transferred without the permission of the Department of 
Inland Fisheries and Wildlife. 
Sec. 9.  7 MRSA §3922, sub-§1, ¶C, as amended by PL 2003, c. 405, §11, is 
further amended to read: 
C.  From a veterinary licensing agent in accordance with person authorized to issue 
licenses under section 3923-F; or 
Sec. 10.  7 MRSA §3923-A, as amended by PL 2009, c. 548, §3, is further 
amended to read: 
§3923-A.  License and recording fees 
Except as provided in subsection 3 and section 3923-C, a dog owner or keeper 
obtaining a license from a municipal clerk, dog licensing agent or dog recorder shall pay 
the license and recording fees established in this section.  For purposes of this section, 
"dog licensing agent" means an animal shelter or a veterinarian pursuant to section 
3923-F. 
1.  Dogs capable of producing young.  A dog owner or keeper shall pay a fee of $11 
to the municipal clerk or dog licensing agent for each dog 6 months of age or older and 
capable of producing young.  A dog is considered capable of producing young unless 
certification under subsection 2 is provided. 
The municipal clerk or dog licensing agent shall retain a $1 recording fee and pay the 
remaining $10 to the department for deposit in the Animal Welfare Fund. 
2.  Dogs incapable of producing young.  A dog owner shall pay a fee of $6 to the 
municipal clerk or to a veterinary dog licensing agent for each dog 6 months of age or 
older and incapable of producing young.  A dog is considered incapable of producing 
young when the owner provides the following: 
A.  A written certificate issued by a veterinarian stating that the veterinarian has 
neutered the dog; 
B.  A written certificate issued by a veterinarian stating that the veterinarian has 
examined the dog and determined that the dog is incapable of producing young; or 
C.  A previous license stating that the dog is incapable of producing young. 
The municipal clerk or dog licensing agent shall retain a $1 recording fee, deposit $2 in 
the municipality's animal welfare account established in accordance with section 3945 
and pay the remaining  $3 to the department for deposit in the Animal Welfare Fund. 
3.  Exemption from fees.  A municipal clerk or a veterinary dog licensing agent shall 
issue a license upon application and without payment of a license fee required under this 
section for: 
A.  A service dog owned or kept by a person with a physical or mental disability; 
D.  A trained search and rescue dog recognized by the Department of Inland Fisheries 
and Wildlife or by the statewide association of search and rescue that cooperates with 
the Department of Inland Fisheries and Wildlife in developing standards for search 
and rescue or such a dog awaiting training; and 
E.  A dog certified by the State and used for law enforcement purposes. 
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 31st shall pay to the municipal clerk, dog licensing agent or dog recorder a late 
fee of $25 in addition to the annual license fee paid in accordance with subsection 1 or 2 
and section 3923-C, subsection 1.  The clerk, dog licensing agent 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. 
Sec. 11.  7 MRSA §3923-B, sub-§1, as amended by PL 2007, c. 439, §16, is 
further amended to read: 
1.  Tags.  The municipal clerk or dog licensing agent shall provide with each new 
license issued under section 3923-A a tag indicating the year the license is issued and 
bearing other information prescribed by the department.  The owner or keeper shall make 
sure that the tag is securely attached to a collar of leather, metal or material of 
comparable strength and that the collar is worn at all times by the dog for which the 
license was issued, except as provided in subsection 3. 
If the tag is lost or the owner has moved to a different municipality, the owner or keeper 
of the dog shall obtain a new license and tag.  The municipal clerk or dog licensing agent 
shall issue another license and tag upon presentation of the original license and payment 
of $1.  The clerk or agent shall retain the $1 for a recording fee. 
Sec. 12.  7 MRSA §3923-F, as amended by PL 2009, c. 343, §14, is further 
amended to read: 
§3923-F.  Veterinarian or animal shelter serving as dog licensing agent 
The commissioner may authorize an animal shelter licensed in accordance with 
chapter 723 and a veterinarian licensed in accordance with Title 32, chapter 71-A to issue 
dog licenses under section 3923-A.  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.  The rules must provide a process for identifying 
animal shelters and veterinarians who are willing to serve as dog licensing agents for 
distributing license blanks, tags and stickers, and for the collection, distribution and 
deposit of license fees into the appropriate state accounts.  The animal shelters and 
veterinarians shall retain a recording fee of $3 and pay the remaining fee to the 
department for deposit in the Animal Welfare Fund. 
Sec. 13.  7 MRSA §3932, sub-§6 is enacted to read: 
6.  Conditional boarding kennel license.  Upon receiving a license application for a 
boarding kennel that does not at the time of application hold a valid license under this 
section, the department shall issue a conditional boarding kennel license to an applicant 
who pays the required fees and is not prohibited from obtaining a license under section 
3935.  The conditional license remains in effect until the boarding kennel meets the 
requirements for a license under section 3936.  If a boarding kennel passes an inspection 
under section 3936 and meets all other conditions of licensure, the conditional license 
must be changed to a standard license.  If a boarding kennel cannot meet minimum 
standards within 6 months after the initial inspection, the conditional license may be 
revoked or suspended by the department pending an administrative proceeding held in 
accordance with Title 5, chapter 375, subchapter 5. 
Sec. 14.  7 MRSA §3932-A, sub-§4 is enacted to read: 
4.  Conditional animal shelter license.  Upon receiving a license application for an 
animal shelter that does not at the time of application hold a valid license under this 
section, the department shall issue a conditional animal shelter license to an applicant 
who pays the required fees and is not prohibited from obtaining a license under section 
3935.  The conditional license remains in effect until the animal shelter meets the 
requirements for a license under section 3936.  If the animal shelter passes an inspection 
under section 3936 and meets all other conditions of licensure, the conditional license 
must be changed to a standard license.  If an animal shelter cannot meet minimum 
standards within 6 months after the initial inspection, the conditional license may be 
revoked or suspended by the department pending an administrative proceeding held in 
accordance with Title 5, chapter 375, subchapter 5. 
Sec. 15.  7 MRSA §4011, sub-§1, ¶G, as amended by PL 2003, c. 414, Pt. B, §14 
and affected by c. 614, §9, is further amended to read: 
G.  Hunts, traps or sells for the purpose of hunting any animal, except as permitted 
pursuant to chapter 202-A and Title 12, Part 13, and excluding humane trapping of 
animals for population control efforts or animal control pursuant to this Part; 
Sec. 16.  17 MRSA §1031, sub-§1, ¶G, as amended by PL 2003, c. 452, Pt. I, 
§13 and affected by Pt. X, §2, is further amended to read: 
G.  Hunts, traps or sells for the purpose of hunting any animal, except as permitted 
pursuant to Title 7, chapter 202-A and Title 12, Part 13, and excluding humane 
trapping of animals for population control efforts or animal control under Title 7, Part 
9.  Violation of this paragraph is a Class D crime; 
SUMMARY 
This bill makes several changes to the animal welfare laws. 
The bill includes small animals under the laws relating to animal shelters and animal 
control officers and provides guidelines for the disposition of small animals.  The bill 
permits applicants for licenses as animal shelters and boarding kennels to receive 
conditional licenses to be able to begin operations pending completion of the full 
licensing process.  The bill provides standards to permit the humane trapping of animals 
by animal control officers and clarifies that humane trapping of domestic animals for 
population control or animal control is excluded from the crime of cruelty to animals.  
The bill provides that laws relating to abandoned dogs apply to all abandoned animals 
excluding animals that are part of a population control program.  The bill also adds dog 
licensing agents as license issuers and resolves a conflict regarding the distribution of 
licensing fees.