An Act To Update the Civil Animal Welfare Laws
Maine Legislature, Session 129, LD 1230
Committee Amendment CA_A_H380 (House)
Amends: Title 33, Section 1057, 7 MRSA §3922, 7 MRSA §4011

COMMITTEE AMENDMENT "A " to H.P. 891, L.D. 1230, Bill, "An Act To 
Update the Civil Animal Welfare Laws" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 7 MRSA §3922, sub-§4, as amended by PL 2007, c. 664, §11, is further 
amended to read: 
4. Service dogs. If a service dog has not been previously registered or licensed by 
the municipal clerk to whom the application is being made, the clerk may not register the 
dog nor issue to its owner or keeper a license and tag that idootifies the dog as a service 
deg unless the applicant presents written evidence to the municipal clerk that the dog 
meets the definition of "service dog." 
For the purpose of this subsection~ "written 
evidence" means a service dog certification form approved by the department in 
consultation with the Maine Human Rights Commission.' 
Amend the bill in section 4 in §3950-C in the last line (page 1, line 32 in L.D.) by 
striking out the following: "immune from liability for performing any acts or duties under 
this chapter" and inserting the following: 'not civilly liable to any party for authorization 
made in accordance with section 3950-B nor is any person performing euthanasia under 
that authorization civilly liable' 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 7 MRSA §4011, sub-§1, ,in, as amended by PL 1997, c. 456, §4, is 
further amended to read: 
D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally 
mutilates an animal; gives drugs, including but not limited to, a scheduled drug as 
defined in Title 17-A, section 1101, subsection 11, to an animal with an intent to 
harm or intoxicate the animal; gives poison or alcohol to an animal; or exposes a 
poison with intent that it be taken by an animal. The owner or occupant of property 
is privileged to use reasonable force to eject a trespassing animal;' 
Amend the bill by striking out all of section 7. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 891, L.D. 1230 
Amend the bill in section 8 in §4042 in subsection 2 in the 4th line (page 2, line 26 in 
L.D.) by striking out the following: "After" and inserting the following: 'If ownership of 
the stray livestock is not claimed by any person, after' 
Amend the bill in section 8 in §4042 by inserting at the end a new paragraph to read: 
'For purposes of this section, "livestock" does not include feral swine or domesticated 
cervids.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment retains the current law that provides that, if a service dog has not 
been previously registered or licensed by a municipal clerk, the clerk may not register the 
dog nor issue to its owner or keeper a license unless the applicant presents written 
evidence to the municipal clerk that the dog meets the defmition of "service dog." The 
amendment removes the requirement that the municipal clerk issue to the dog's owner or 
keeper a tag that identifies the dog as a service dog. 
The amendment clarifies that a municipality, veterinarian, humane agent, animal 
control officer or animal shelter is not civilly liable to any party for authorization of 
euthanasia of severely sick or severely injured livestock if certain conditions are met nor 
is any person petforming euthanasia under that authorization. 
The amendment adds the intent to harm or intoxicate the animal to the bill's addition 
to the animal cruelty provisions of the violation of giving a scheduled drug to an animal. 
The amendment strikes from the bill the provision that makes the violation of a court 
order involving a civil animal welfare matter a Class D crime. 
The amendment clarifies under the provision establishing municipal procedures for 
the handling of stray livestock that "livestock" does not include feral swine or 
domesticated cervids. 
The fiscal note on the bill identifies certain requirements in the bill, which are 
retained in the amendment, as a potential state mandate. In order to be a mandate 
pursuant to the Constitution of Maine, a provision must require a local unit of 
government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue. The committee finds the provisions identified as a potential state 
mandate do not require a local unit government to expand or modify its activities in a 
manner so as to necessitate additional expenditures from local revenue. 
Under current law, pursuant to the Maine Revised Statutes, Title 7, section 3948, 
subsection 3, municipalities are required to control domesticated animals that are a cause 
of complaint in the community. Additionally, municipalities are required to control 
animals that pose a threat to public health or safety. This section oflaw also provides that 
a municipality may control undomesticated animals in matters no other department is 
charged by law to regulate. 
The bill repeals and amends certain provisions under Title 33, chapter 21 relating to 
lost goods and stray beasts. The bill repeals the requirement that the fmder of a stray 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 891, L.D. 1230 
beast, potentially a municipality, keep a stray beast for up to 6 months. The bill requires 
a municipality to follow certain procedures related to stray livestock, but a municipality is 
only required to retain custody for 10 days. 
The committee feels that this could 
potentially result in a savings for a municipality faced with this scenario. 
FISCAL NOTE REQUIRED 
(See •'™bed) 
COMMITTEE AMENDMENT 
Revised: 05/26/19 feac 
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LD 1230 
LR 1190(02) 
An Act To Update the Civil Animal Welfare Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'ff ( /f·--320} 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
State Mandates 
Required Activity 
Unit Affected 
Municipalities will be required to follow certain procedures related to stray 
Municipality 
livestock, including: to seize, impound or restrain stray livestock, deliver livestock 
to a facility capable of containing them, arrange for safe confinement, retain 
custody for 10 days, provide food, shelter and medical care, take ownership after 10 
days or convey ownership to an animal shelter. 
Local Cost 
Insignificant 
limited scope 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the 
bill does require a local unit of government to expand or modify its activities so as to necessitate additional 
expenditures from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) 
General Fund appropriations be provided to fund at least 90% of any additional necessitated local costs of the 
mandate; or (2) a Mandate Preamble be added to the bill and two-thirds of the members of each House vote to 
exempt the mandate from the funding requirement. If the bill does represent a state mandate and neither one of these 
actions occurs, the local units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
While the bill imposes new procedures on municipalities that may add new costs, it also eliminates other procedures 
that were costly for municalities. In particular, Title 33, § 1057 required a finder, potentially a municipality, to keep a 
stray beast for 2 months before selling and up to 6 months if it did not sell it. This bill requires a holding period of 
only 10 days. 
LRl 190(02) - Fiscal Note - Page 1 of 1