Proposed new animal laws for the 2nd session of the 123rd Maine legislature
Apr 2008
By Christina Perkins
LD 2010: An Act to Ensure Ethical and Humane Dog Breeding in the State
The public hearing and work sessions were held in February. The Committee on Agriculture, Conservation and Forestry voted unanimously that the bill ought to pass as amended. The amendment would create a resolve which in turn would create a task force of stakeholders to study the issue of ethical breeding in Maine. The bill will next be voted on in the full Maine House of Representatives.
LD 2171 An Act to Amend the Animal Welfare Laws
This bill underwent many changes after the public hearing and during the three work sessions. The Committee on Agriculture, Conservation and Forestry voted unanimously that the bill ought to pass as amended. The bill will next be heard and voted on in the Maine House of Representatives.
Some of the proposed changes include:
• Modification of the definition of “breeding kennel” to include “a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period, but excluding a kennel licensed by a municipality under section 3923-C when the dogs are kept primarily for hunting, showing, training, mushing, field trials or exhibition purposes and not more than 16 dogs are offered for sale, sold or exchanged for value within a 12-month period.”
• Modification of the definition of “dangerous dog” to include bites to domesticated animals not trespassing, and to exempt a dog that bites or threatens to assault while on the owner’s or keeper’s premises if the dog has no prior history of assault and it was provoked the individual immediately prior to the bite or threatened assault.
• A definition of “Humanely clean conditions.”
• An authorization for the Animal Welfare Program to place impounded animals in a newly defined “temporary animal shelter.” If animals are held at the temporary shelter for more than 21 days, the shelter must comply with the requirements for licensed animal shelters.
• A requirement that breeding kennels must display their license number in written advertising and must provide the number to a person purchasing or receiving an animal from a breeding kennel.
• Amendment to the definition of what constitutes animal cruelty to include confining an animal in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to the animal’s health.
• A new requirement that a veterinarian who has reasonable cause to suspect that an animal is the subject of aggravated cruelty under Title 17 Section 1031 report the suspected violation to the commissioner of agriculture or its designee.
• Authority and immunity for law enforcement officer, humane agent or animal control officer to remove an animal from a motor vehicle if the animal’s safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death. Written notice telling the owner where the animal may be claimed and identifying the officer must be left in or on the motor vehicle.
• Replacement of “pet dealer” with the term “seller” and inclusion of owner or operator of a breeding kennel or pet shop as defined in Maine law. It would also include animal dealers that are required to be licensed by the USDA, but does not include humane societies, nonprofit groups performing the functions of humane societies or licensed animal shelters.
• Amendment to the dog or cat vendor license provisions to require a vendor’s license for a person who advertises for sale, sells or exchanges for value more than one cat or dog under the age of 6 months in a 12-month period unless that person has a valid animal shelter, kennel, breeding kennel or pet shop license. A vendor’s license would be valid for 90 days and a person is entitled to one vendor’s license in a 12-month period at no charge. A $25 fee must be submitted with each additional application in a 12-month period.
• Addition of “criminal negligence” to the aggravated cruelty to animals statute in 17 MRSA Section 1031.
The Legislature is scheduled to adjourn April 16, 2008, so the vote on these bills is expected soon.
