Proposed new animal laws for the 2nd session of the 123rd Maine legislature
Mar 2008
By Christina Perkins
Only two animal welfare bills have been introduced in the short second session of the 123rd Maine Legislature. Both bills were heard February 11 at a public hearing before the Joint Standing Committee of Agriculture, Conservation and Forestry. A work session, which is subject to change, will be held at 1 p.m., Wednesday, February 27, in Room 206 of the Burton Cross Building in Augusta. The information provided below is a summary only of selected provision of the proposed laws.
Rep. Benjamin Pratt introduced LD 2010: “An Act to Ensure Ethical and Humane Dog Breeding in the State.” This bill is a concept draft, which means the exact provisions will be determined. Under consideration for this concept draft are revisions of the rules governing breeding kennels to improve the standards for ventilation, sanitation and kennel sizes at breeding facilities.
Also under consideration are measures such as a graduated fee schedule with higher fees for larger breeding kennels, and a rating for breeding kennels that would be published on the Animal Welfare Program’s website.
LD 2171 “An Act to Amend the Animal Welfare Laws” was submitted by Rep. Wendy Pieh on behalf of the Animal Welfare Program. It seeks to make several changes to the animal welfare laws. Among the changes are:
• A definition of “adequate care” for an animal;
• An amendment to the definition of “breeding kennel” to also include, in addition to a site where five or more adult dogs, wolf hybrids or cats capable of breeding are kept, a site where more than 16 animals are sold to the public in a 12-month period, regardless of the number of adult dogs, wolf hybrids or cats capable of breeding kept at that site.
• A definition of “humanely clean conditions” and “cruelly” as well as a definition for “neglect.”
• A requirement that the owner or keeper of a dog shall have the dog vaccinated against rabies by a licensed veterinarian within 30 days after the dog attains the age of three months. Current law requires dogs to be vaccinated against rabies within 30 days after they attain the age of six months.
• Authorization for the Animal Welfare Program to place impounded animals in an enclosure designated as a temporary animal shelter and a requirement that the temporary shelter designation must be posted on the gate or other entrance to the enclosure.
• A requirement for a breeding kennel, as defined in the animal welfare laws, to prominently display its state-issued kennel license number in written advertising and to provide the number to a person purchasing or receiving an animal from the breeding kennel.
• An amendment to the “indoor standards” for animals to include a requirement that an animal contained in an indoor enclosure must be removed from the indoor enclosure daily and allowed to exercise in a safe environment in a manner appropriate for the age, size and breed of the animal.
• An additional requirement for dogs confined by tethering for a long time to include a requirement that the shelter must be accessible to the dog at all times;
• A new crime called “failure to provide minimum care for an animal”;
• A new crime if a person leaves or confines an animal in an untended motor vehicle, boat, camper or vessel of any kind under conditions that endanger the health or well-being of the animal due to heat, cold, lack of adequate ventilation or lack of food or water or other circumstances that could reasonably be expected to cause pain, suffering, injury, disability or death of the animal.
• Authority and immunity for law enforcement officer, humane agent or animal control officer to remove an animal from a motor vehicle, trailer, boat, camper or vessel of any kind if the animal’s safety, health or well-being appears to be in immediate danger from heat, cold, lack of adequate ventilation or lack of food or water or other circumstances that could reasonably be expected to cause pain, suffering, injury, disability or death to the animal.
The new law would give authority to a law enforcement officer, humane agent or animal control officer to take all steps reasonably necessary for the removal of the animal if these provisions are violated. Any law enforcement officer, humane agent or animal control officer who removes an animal under this provision must leave written notice of the officer’s or agent’s name, office and the address where the animal may be claimed. Owners may claim the animal only after payment of all charges incurred in the maintenance, care, medical treatment and impoundment of the animal.
For more information, call Maine Friends of Animals at 781-2187. The full text of both bills and status of each is available online at janus.state.me.us/legis/LawMakerWeb/search.asp (enter the LD number to search).
Christina Perkins serves as a Maine Friends of Animals board member and focuses her efforts on state legislation. She serves on the Animal Welfare Advisory Council representing state-based animal advocacy groups and practices real estate law, estate planning and elder law in the firm of Fellows, Kee, Tymoczko & Pierson, LLC in Bucksport and has a special interest in animal law.
