An Act To Revise the Animal Welfare Laws
Maine Legislature, Session 127, LD 1023
Committee: Agriculture, Conservation and Forestry
Sponsors: MAREAN, EDGECOMB, BLACK, NOON
Amends: 7 MRSA §3907, 7 MRSA §3919-A, 7 MRSA §3919-C, 7 MRSA §3919-E, 7 MRSA §3932-A, 7 MRSA §3939-A, 7 MRSA §3939-B, 7 MRSA §3942, 7 MRSA §3972

Legislative Document 
No. 1023 
H.P. 706 
House of Representatives, March 19, 2015 
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. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MAREAN of Hollis. 
Cosponsored by Senator EDGECOMB of Aroostook and 
Representatives: BLACK of Wilton, NOON of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3907, sub-§5-A, as amended by PL 2005, c. 510, §1, is further 
amended to read: 
5-A.  Animal shelter.  "Animal shelter" means a facility, including an animal rescue, 
that houses animals and operates for the purpose of providing stray, abandoned, abused or 
owner-surrendered animals with sanctuary or finding the animals temporary or permanent 
adoptive homes. 
Sec. 2.  7 MRSA §3907, sub-§23-A, as enacted by PL 2007, c. 439, §5, is 
repealed. 
Sec. 3.  7 MRSA §3907, sub-§28, as enacted by PL 1987, c. 383, §3, is repealed. 
Sec. 4.  7 MRSA §3919-A, sub-§4, as amended by PL 2007, c. 439, §10, is 
further amended to read: 
4.  Euthanasia for severely sick or severely injured cat or small animal.  A 
humane agent, an animal control officer or an animal shelter may authorize in writing the 
immediate euthanasia of a severely sick or severely injured cat or small animal upon 
determining that the following conditions are met: 
A.  The animal control officer of the municipality where the cat or small animal was 
found has been notified or, if the cat or small animal has cat identification, the owner 
of the cat or small animal has been notified; and 
B.  A veterinarian states in writing that the cat's or small animal's recovery from its 
injury or illness, given reasonable time and reasonable care, is doubtful or that the cat 
or small animal presents a danger to the public. 
Notwithstanding paragraphs A and B, a veterinarian may authorize immediate euthanasia 
if, in the veterinarian's judgment, there is no possibility of recovery for a severely injured 
or severely sick cat or small animal. 
Sec. 5.  7 MRSA §3919-A, sub-§5, as enacted by PL 2001, c. 363, §3, is amended 
to read: 
5.  Immunity.  A veterinarian, a humane agent, an animal control officer or an 
animal shelter, including a person employed by an animal shelter, is not civilly liable to 
the owner of a cat or small animal for the loss of that cat or small animal resulting from 
actions taken in compliance with this section. 
Nothing in this subsection grants to an animal shelter or person any immunity from 
liability arising from the gift, sale or other transference of a cat or small animal to a 
research facility in violation of subsection 2. 
Sec. 6.  7 MRSA §3919-C, first ¶, as amended by PL 2007, c. 439, §11, is further 
amended to read: 
When an animal shelter holds an animal at the request or with the approval of the 
department person who seized the animal pending an investigation or disposition by the 
court of an alleged violation of chapter 739 or Title 17, chapter 42, the shelter is entitled 
to receive from the department person who seized the animal monetary compensation in 
accordance with this section for the period for which food and shelter are furnished to the 
animal.  For the purposes of this section, "person who seized the animal" includes a 
humane agent, law enforcement or an animal control officer permitted by law to obtain a 
search warrant or to seize animals ex parte. 
Sec. 7.  7 MRSA §3919-E, sub-§1, ¶A, as enacted by PL 2013, c. 115, §8, is 
amended to read: 
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 
Sec. 8.  7 MRSA §3932-A, sub-§4, as enacted by PL 2013, c. 115, §14, is 
repealed. 
Sec. 9.  7 MRSA §3939-A, as enacted by PL 2007, c. 439, §23, is amended to 
read: 
§3939-A.  Spay; neuter of dogs and cats 
1.  Spay; neuter.  Except as otherwise provided in subsections 2 and 3, an animal 
shelter or rescue group may not place with a new owner a dog or cat that has not been 
spayed or neutered unless an appointment has been made with a licensed veterinarian to 
spay or neuter the animal within 30 days of accepting ownership. A person who accepts 
ownership of a dog or cat that is unaltered shall, in addition to any other charges or other 
fees, make a deposit equal to 100% of the cost of the scheduled surgery with the animal 
shelter or rescue group and shall sign a spay-neuter agreement. The animal shelter or 
rescue group must refund the deposit upon receiving proof of sterilization. 
For purposes of this section, "place" means to sell, give away or otherwise transfer 
possession of a cat or dog. 
2.  Detrimental to health.  If a licensed veterinarian or veterinary technician as 
defined in Title 32, section 4853 determines that a dog or cat is too sick or injured or that 
it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered 
within 30 days of placement, the animal shelter or rescue group shall collect a deposit of 
not less than $50 and not more than $150 at the time of sale or placement.  The animal 
shelter or rescue group shall determine the amount of the deposit based on the cost of 
spaying or neutering within the geographic area served by the animal shelter or rescue 
group.  A person accepting ownership of the dog or cat under this subsection shall sign an 
agreement to have the animal sterilized as soon as it is medically advisable. 
Upon receipt of proof of sterilization, the animal shelter or rescue group shall 
immediately and fully refund the deposit. 
3.  Extension.  Notwithstanding subsection 1, an animal shelter or rescue group may 
extend the date by which spaying or neutering is to be completed at its discretion for good 
cause.  An extension must be in writing. 
4.  Reimbursement of deposit.  If a dog or cat dies prior to spaying or neutering and 
within the agreement period, the owner is entitled to reimbursement of the deposit paid 
under subsection 1.  If a dog or cat dies prior to spaying or neutering and within 120 days 
of signing an agreement under subsection 2, the owner is entitled to reimbursement of the 
deposit paid under subsection 2.   To receive reimbursement under this subsection, the 
owner must provide the animal shelter or rescue group with a letter signed by a licensed 
veterinarian stating that the cat or dog has died and providing a description of the animal. 
5.  Unclaimed deposits.  Except as provided in subsections 2, 3 and 4, deposits  
received under subsection 1 or 2 that are unclaimed within 120 days of the date the spay-
neuter agreement was signed must be: 
A.  Used to subsidize spaying or neutering of dogs and cats offered for placement by 
the animal shelter or rescue group receiving the deposits; or 
B.  Remitted to the department for deposit in the Companion Animal Sterilization 
Fund established under section 3910-B. 
When extensions are granted under subsection 3 and the deposits are unclaimed 120 days 
after the extended date for spaying or neutering, those deposits must be disposed of under 
paragraphs A and B. 
Sec. 10.  7 MRSA §3939-B, as enacted by PL 2007, c. 439, §24, is amended to 
read: 
§3939-B.  Violations 
1.  Noncompliance by new owner.  If a person receiving a dog or cat from an animal 
shelter or rescue group fails to comply with section 3939-A, that person forfeits the 
sterilization deposit and commits a civil violation for which a fine of not less than $50 nor 
more than $200 per animal may be adjudged. 
2.  Noncompliance by animal shelter.  If an animal shelter or rescue group fails to 
require a spay-neuter agreement or fails to collect a deposit as required under section 
3939-A, that animal shelter or rescue group commits a civil violation for which a fine of 
not less than $50 nor more than $200 per animal may be adjudged. 
Sec. 11.  7 MRSA §3942, as amended by PL 2003, c. 405, §20, is further amended 
to read: 
§3942.  Issuance of dog licenses 
Municipal clerks shall issue dog licenses in accordance with chapter 721, receive the 
license fees and pay to the department $9 $10 for dogs capable of producing young and 
$3 from each license fee received for dogs incapable of producing young.  The clerks 
shall keep a record of all licenses issued by them, with the names of the owners or 
keepers of dogs licensed and the sex, registered numbers and description of all dogs 
except those covered by a kennel license.  The clerks shall make a monthly report to the 
department on a department-approved form of all dog licenses issued and fees received. 
The clerk shall retain $1 from each license fee as a recording fee.  The clerk shall 
deposit $2 from each license for a dog incapable of producing young in the municipality's 
animal welfare account established in accordance with section 3945. 
Sec. 12.  7 MRSA §3972, sub-§1, ¶E, as amended by PL 1995, c. 144, §1, is 
further amended to read: 
E.  Tie, tether or restrain any animal in a manner that is inhumane or detrimental to its 
welfare; or 
Sec. 13.  7 MRSA §3972, sub-§1, ¶F, as amended by PL 1997, c. 690, §40, is 
further amended to read: 
F.  Intentionally cause an equine to fall or lose its balance by any means whatsoever.  
For the purposes of this paragraph, the term "equine" means, but is not limited to, a 
horse, mare, pony, ass, donkey, burro, mule or hinny.  This paragraph does not apply 
to the lawful laying down of an equine for medical or identification purposes.; or 
Sec. 14.  7 MRSA §3972, sub-§1, ¶G is enacted to read: 
G.  Abandon, dump or dispose of any deceased domesticated animal on public 
property or on private property without the permission of the property owner. 
SUMMARY 
This bill amends the definition of "animal shelter" to include animal rescue and 
applies that expanded definition to the laws dealing with animal shelters.  This bill 
repeals the definition of "warrant," as municipal warrants were repealed in Public Law 
2009, chapter 343, section 19.  The bill also transfers the responsibility for the costs of 
maintaining seized animals from the Department of Agriculture, Conservation, and 
Forestry to the person who seized the animals.  The bill corrects an error made in 2007, 
when the Legislature changed dog licensing and recording fees in the Maine Revised 
Statutes, Title 7, section 3923-A but did not change a similar provision in Title 7, section 
3942.  This bill provides that small animals can be euthanized if sick or injured.  This bill 
repeals the conditional animal shelter license law that was enacted in 2013.  This bill 
clarifies that a person may not dispose of a deceased domesticated animal on public 
property or on private property without permission from the landowner.