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Proposed new animal laws for the 124th Legislature, first regular session
Feb 2009

By Christina Perkins

The Legislature is in session again. Below is the first installment of this session’s bills. In addition to three bills submitted, and the update on LD 2010, listed below, an Animal Welfare Program department bill is expected which will likely propose a number of changes to existing animal welfare laws.

LD 178 “An Act To Create the Support Animal Welfare Registration Plate”
Planet Dog and the rest of the Maine Adoption Leaders Team worked very hard to make this new license plate happen. A detailed article on the effort was published in Downeast Dog News, July 2008. The bill has been submitted.

As the title indicates, the bill would create a new license plate. As proposed, the initial fee is $20 in addition to the standard fees and excise taxes for registration with a $15 annual renewal fee again in addition to the other required fees and excise taxes. The proposed annual allocation of the funds is as follows: $5 to the Animal Welfare Program and $5 to the Help Fix ME Program, with the remaining funds going toward productions, administrative and specialty license plate fund.

Supporters who signed up and paid $25 during the initial campaign to create the plate would receive a credit receipt to purchase their initial plate, which is expected to be available by October 2009.

For more information and to see the proposed design, go online to www.planetdog.com/about/plate/.

LD 186 “ An Act Pertaining to the Possession of Animal Fighting Paraphernalia”
This bill proposes to amend the animal fighting provisions by creating a new Class C Crime called Possession of Animal Fighting Paraphernalia for possessing, manufacturing for sale, shipping, transporting or delivering of a device or equipment that the person knows, or should know, will be used in animal fighting activities, or an implement to be attached to a bird to enhance the bird’s ability to fight. It would also raise the existing crime of viewing of animal fighting from a Class D to a Class C crime.

No public hearing date has been set yet.

LD 223 “An Act to Ensure that the Money Received from the Surcharge on Registration of Pet Food is Used for the Sterilization of Animals”

This is an emergency bill and if passed would take effect sooner than regular bills.
The surcharge on registered pet food is currently deposited into Animal Welfare and the required quarterly distribution into Companion Animal Sterilization (also known as Help Fix ME Program) has not been made regularly. If passed, this bill would require the surcharges to be deposited directly into the Companion Animal Sterilization Fund and would allow disbursement more often than quarterly.

No public hearing date has been set.

LD 2010 “Resolve, Directing the Commissioner of Agriculture, Food and Rural Resources to Review and Make Recommendations Regarding Dog and Cat Breeding Facilities.”

Carried over from the last session, the Resolve created a working group charged with studying the situation of dog and cat breeding facilities in the state and to make recommendations to the Joint Standing Committee on Agriculture, Conservation and Forestry by January 15, 2009. As required, the working group, which consisted of representatives of stakeholder groups, met throughout the past year and Norma Worley, director of Animal Welfare, prepared a report outlining the group’s findings and recommendations.

Report on the Evaluation and Recommended Changes To the Statutory and Regulatory Provisions Pertaining Breeding and Selling of Dogs and Cats [PDF, 20pp]

It is not yet clear what action, if any, the committee will take. It may submit legislation this session pertaining to cat and dog breeding facilities in the state. The committee may accept, edit or reject the group’s findings and may submit legislation.

The following is a summary of the working group’s recommendations:
1. Options for increased funding of the Animal Welfare Program to increase the number of district humane agents and support staff should be researched.
2. The definition of “breeding kennel” should be amended to focus on the number of intact females, not intact males or females.
3. A new fee schedule should be implemented reflecting any new definition and based on the number of intact females in the facility.
4. Categorizing breeding kennels into small, medium and large and scaling the licensing fees accordingly.
5. Establishment of a fee to cover the costs of re-inspections of facilities in the event of failed inspections.
6. A review and possible revision of the rules governing the kennels and pet shops to provide greater protection for animals in substandard facilities.
7. Vendors should be held to the same requirements with respect to disclosures and provisions about the sale of cats and dogs.

A public hearing is scheduled for 1 p.m., Wednesday, January 28, in room 206 of the Cross Building in Augusta.

The status of any bill may be tracked on the state’s website at janus.state.me.us/legis/LawMakerWeb/search.asp.


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