This bill passed and was signed into law by the Governor. Proceeds from the new license plate will help support Maine’s Animal Welfare Program and the Help Fix Me program. Plates are expected to be available by October 1, 2009.
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, as amended, passed as emergency legislation and was signed into law by the Governor and therefore took effect on May 18, 2009. The first $100,000 in proceeds from the pet food registration fee will go directly to the Help Fix Me program with any proceeds in excess going to fund the Animal Welfare Program.
LD 454 “An Act to Provide Representation for Dog Clubs on the Animal Welfare Advisory Council”
This bill passed in amended form and beginning with the effective date, membership to the Animal Welfare Advisory Council will include a member who represents a licensed breeding kennel and a member who holds a municipal kennel license pursuant to 7 MRS § 3923-C. The Governor must consider nomination for the latter position made by state based dog clubs.
LD 517 “An Act to Authorize the Employment of Animal Control Officers by Animal Shelters”
This bill, as amended passed, and with the effective date, a municipality may appoint an employee of a licensed animal shelter as control officer provided the employee meets the applicable training and certification requirements for animal control officers. If a municipality contracts with a licensed animal shelter for animal control services pursuant to 7 MRS § 3947 unless the shelter employee performing the duties so required is the appointed animal control officer for that municipality.
LD 964: “An Act Pertaining to the Breeding and Selling of Dogs and Cats”
This bill passed as amended and will become law on the effective date. It makes several changes to the existing animal welfare laws:
1. Rule making for new rules concerning the spread of infectious and contagious diseases will now be major substantive rules requiring legislative review.
2. Applicants for a breeding kennel license will be required to state the number of females capable of breeding on the application. Breeding kennels will be divided into three categories based on number of females capable of breeding and fees will be determined by category as follows:
a. A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel and the annual fee for the license will be $75.00.
b. A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel, and the annual license fee will be $100.00.
c. A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel, and the annual license fee will be $150.00.
3. Applicants for a new breeding kennel license will receive a conditional license, which will remain in effect until the breeding kennel has passed the required inspection. If an applicant fails to meet the minimum standards within 6 months of the initial inspection, the conditional license may be revoked or suspended pending an administrative hearing.
4. A licensed breeding kennel will be required to prominently display its state issued license number in any advertising.
5. If the Department of Agriculture, upon inspections, determines that a licensed facility (boarding, breeding, kennel, pet shop) is in violation of the laws and/or rules, the Department will have to issue a written notice of the violation, list the required steps to correct the violation, and a deadline for the correction to have been completed. If the correction is not completed within the specified time and two or more follow up inspections are needed in a calendar year, the Department will charge half of the applicable facility license fee beginning with the second follow up inspection. If the corrective action is not taken by the facility operator by the imposed deadline, the facility license may be revoke, suspended, or a renewal may be denied pending an administrative proceeding under applicable law.
6. The laws pertaining to the Sale of Cats and Dogs will be amended as follows:
Required disclosures under 7 MRS §4152 (1)(A) will be expanded to include:
a. State licensed Seller must include seller’s name, address and state issued license number;
b. If the animal was not born on the seller’s premises, the date the animal arrived there;
c. If the breed of animal is not known, or the animal is a mixed breed, it must be so stated;
d. If microchipped, that information must be included;
e. If the animals is advertised as eligible for registration as pure bred, the registration information for both parents must be included, as well as the litter size, if available.
f. Sellers who represents, promises, or states that animals are eligible for breed registration will have to provide necessary documents for registration at the time of the sale or within 90 days of the sales unless otherwise agreed upon by contract signed by the buyer.
g. If the documents are not timely provided, the buyer may send a written request via certified mail to the seller who must then provide the documents within 60 days. If the seller fails to provide them within the allowed time, the buyer will be entitled to a refund of 50% of the purchase price, and acceptance of the refund absolves the seller from having to provide the documentation. If a buyer accepts documents outside of the required time periods outlined above, he or she waives the right to a refund based on failure to provide registration documents.
7. LD 1103 : “An Act to Amend the Animal Welfare Laws”
The bill was submitted by the Department of Agriculture and in its amended form also makes several changes to the animal welfare laws:
a. The definition of “boarding kennel” will be amended to include a facility where 3 or more companion animals are kept for training purposes for compensation.
C. Beginning January 1, 2010, to be eligible for reimbursement for holding stray dogs, an animal shelter will be required to have an adoption policy, which must provide for a dog to be available for adoption for a minimum of 24 hours (except for case where euthanasia for severely sick, severely injured or extremely vicious dog provisions may apply).
D. Licensed animal shelters will be able to serve as dog licensing agents. Animal shelters who are willing to so serve shall retain a recording fee of $3 and pay the remaining fee to the department for deposit in the Animal Welfare Fund.
E. Boarding kennels will have to post at their facilities written notice of fees charged for boarding and for any other services offered at the boarding kennel, if any, and must also provide same upon request. In addition, the notice must indicate the hours during which the owner of the boarding kennel or a person responsible to the owner of the boarding kennel is on the premises.
F. Pet shops, already required to keep records of each animal received, except for mice and fish, must provide the records if requested by the Department of Agriculture within 24 hours of such a request.
G. The Department of Agriculture will be prohibited from issuing an license for an animal shelter to a person who, within the 10 years previous to the application for the license, has been convicted of murder, a Class A or Class B offense, a violation under Title 17-A, chapter 9, 11, 12 or 13 or a criminal violation under Title 17, chapter 42, or under a criminal law involving cruelty to animals that is no longer in effect, or, within 10 years previous to the application for the license, has been adjudicated of a civil violation for cruelty to animals under chapter 739 or has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this section.
H. Municipal clerks will have to notify the commissioner of the name, address and telephone number of its animal control officer within 10 business days of the appointment as such. And, if a position becomes vacant, the municipality must inform the Department of the vacancy within 10 days.
I. Law enforcement officers and animal control officers will continue to have to take a stray animal to its owner, if known, or, if the owner is unknown, will have to ensure that any injured companion animal that is at large or in a public way is given proper medical attention
J. The Department will have authority to suspend or the revoke the certification of an animal control officer in accordance with Maine Administrative Procedure Act.
The following bills did not pass this session and will not become law at this time:
LD 186: “An Act Pertaining to the Possession of Animal Fighting Paraphernalia”
LD 412: “An Act to Create an Animal Welfare Trailer License Plate”
LD 879: “An Act To Allow Licensed Kennel Owners To Vaccinate Their Own Dogs”
LD 988: “An Act To Increase the Penalty for Keeping a Dangerous Dog That Harms a Domesticated Animal”
LD 1053: “An Act To Ensure Humane Dog and Cat Breeding in the State”
LD 1286: "An Act To Amend State Dog Licensing Laws"
With the exception of LD 223, the effective date for the new laws will be on or around September 11, 2009.
Information provided herein is a selected, limited overview of new laws relating to dogs and should not be relied upon or considered legal advice. For the complete text of the new laws, please visit http://janus.state.me.us/legis/LawMakerWeb/search.asp. Enter the LD number and then click on Bill text. Scroll down to Public Law __, Chapter __ and click to download.
Post a Comment