Proposed Animal Laws, 124th Legislature: Third Installment
Apr 2009
By Christina Perkins
(Updates have been made to this report subsequent to the original writing)
The following is an update on bills presented in February and March 2009 issues of Downeast Dog News, and new bills, including the new dog-related bill, as printed to date during this legislative session.
UPDATES
LD 178: “An Act to Create the Support Animal Welfare Registration Plate”
This bill would create a special license plate to support the funding of animal welfare in Maine as well as the Help Fix ME Program. The bill had its public hearing and work session. The legislative committee voted that the bill should pass, as amended. It will be voted on next before the full legislature.
4/8/2009 Update: Senator Damon decided at the last minute not to attach amendment S-30 and the license plate bill was voted unanimously to pass in the Senate, with no money being taken away from the pet food registration fee. Now the bill has to go to the House to be voted on.
LD 186: “An Act Pertaining to the Possession of Animal Fighting Paraphernalia”
This bill would raise the penalty for viewing of animal fighting, currently a misdemeanor, to a felony and would create a new crime for possession of animal fighting paraphernalia (i.e. fighting pits, cat mills, spring poles, breaking sticks, etc.).
This bill had its public hearing and work session during which concerns were raised that grooming tools and other dog training tools could be considered prohibited animal fighting paraphernalia by law enforcement and humane agents. As a result, the committee issued a divided report (some committee members supported the bill, others opposed it) on its recommendation to the full legislature. The bill will likely be discussed and voted on by the full Legislature next.
Read the minority report amendment
4/8/2009 Update: In a split vote, the House chose not to pass the bill, but it still could pass in the Senate.
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 bill would require the surcharge on pet food registration fees to be deposited directly into the Help Fix ME account and would authorize more frequent distributions. The pet food registration fee is a major source of funding for the Help Fix ME Program.
This bill had its public hearing and work session. The legislative committee voted that the bill should pass as amended. The bill will be voted on by the full Legislature next. The amendment provides that the current division of the fee remains the same. The initial bill included a provision that would allocate the entire pet food registration fee to Help Fix ME.
LD 412: “An Act to Create an Animal Welfare Trailer License Plate”
This bill would create a new trailer license plate to generate funding for the Animal Welfare Program. The bill had its public hearing and work session, where the legislative committee voted that the bill should not pass. It most likely will die and not be debated/voted on before the full Legislature.
LD 454: “An Act to Provide Representation for Dog Clubs on the Animal Welfare Advisory Council”
This bill would expand the council by adding a representative of a state-based federation of dog clubs. No public hearing date has been announced.
Bill text: http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP015701.asp
LD 517: “An Act to Authorize the Employment of Animal Control Officers by Animal Shelters”
This bill would allow licensed animal shelters to contract to provide animal control services under certain conditions. No public hearing has been announced.
NEW BILLS
LD 879: “An Act to Allow Licensed Kennel Owners to Vaccinate Their Own Dogs”
This bill would authorize the owner of a licensed kennel to purchase vaccinations from a licensed veterinarian and to vaccinate the kennel owner’s own dogs under the supervision of a licensed veterinarian. No public hearing date has been announced.
Bill text: http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP032701.asp
LD 964: “An Act Pertaining to the Breeding and Selling of Dogs and Cats”
This bill implements the recommendations of the working group on breeding and selling dogs and cats created as a result of LD 2010 during the last legislative session. No public hearing date has been announced.
Bill text: http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP066601.asp
Minority report: http://www.maine.gov/agriculture/aw/documents/LD-2010-Breeding-Kennel-Working-Group-Report.pdf
LD 988: “An Act to Increase the Penalty for Keeping a Dangerous Dog that Harms a Domesticated Animal”
This bill would allow a court to order that a dangerous dog be euthanized if that dog has killed, maimed or inflicted serious bodily injury upon a domesticated animal. Current law allows such an order for euthanasia if the dog has killed, maimed or inflicted serious bodily injury upon a person or has a history of prior assault. No public hearing date has been announced.
LD 1053: “An Act to Ensure Humane Dog and Cat Breeding in the State”
This bill would amend the definition of “breeding kennel” to mean any location where one or more adult female dogs, wolf hybrids or female cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value. It would also modify the exemption from breeding kennel licensing requirements for a licensed municipal kennel (dogs are kept primarily for hunting, show, training, mushing, field trials or exhibition purposes) by limiting availability of the exemption to those kennels that do not sell dogs.
The bill would increase the fee for licensing a dog that has not been spayed or neutered from $11 to $150, $10 of which would remain with the clerk of the municipality and the remaining $140 would be forwarded to the Animal Welfare Program.
The bill would also require breeding kennels to state the number of females capable of breeding on its application for a breeding kennel license. It would limit the number of adult female dogs or cats capable of breeding that can be kept at a breeding kennel to 10.
The bill would also change the fee structure for a breeding kennel license by establishing that a license fee for breeding kennels be based on the number of adult female dogs or cats capable of breeding kept at the kennel. The new fee would be determined by multiplying the number of females capable of breeding by $500. The pet shop license fee would remain $75; however for pet shops that sell dogs, the license fee would be increased to $150, plus an additional $500 for each dog offered for sale or sold in the preceding year.
L.D. 1103 An Act To Amend the Animal Welfare Laws
Bill text: http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP075801.asp
L.D. 1286 An Act To Amend State Dog Licensing Laws
Bill text: http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP046701.asp
For more information
To read the entire text of the bills and for updates on the status, amendments and hearing dates, go online to http://janus.state.me.us/legis/LawMakerWeb/search.asp, and enter the LD number in the applicable search field.
To find your senator or representative, go online to www.maine.gov/legis/house/townlist.htm.
Christina Perkins practices law at the firm of Fellows, Kee, Tymoczko & Pierson in Bucksport.
