BREAKING NEWS

Maine

UPDATE
Recent ME service animal legislation will become effective July 17th, 2008...


Official State Website

State Attorney General

Maine Human Rights Commission
51 State House Station
Augusta, ME 04333-0051
Tel: (207) 624-6050
Fax: (207) 624-6063
TDD: (207) 624-6064

Maine Disability Rights Center
P.O. Box 2007
Augusta, Maine 04338-2007
1-800-452-1948 (v/tty)
Advocate@drcme.org

State Code

State Constitution

State Legislature

Applies To
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Trainers
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Penalties
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Other
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17-§1311. Policy
Excludes PSDs.
http://janus.state.me.us/legis/statutes/17/title17sec1311.html
Title 17: CRIMES
Chapter 47: DISCRIMINATION

§1311. Policy
It is the policy of this State to encourage and enable the blind, the visually handicapped and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment. [1971, c. 58, § 1 (new).]
Section History:
PL 1971, Ch. 58, §1 (NEW.

17-§1312 Rights.
Covers only SDs trained for blindness or mobility. Trainers must be "especially trained".
http://janus.state.me.us/legis/statutes/17/title17sec1312.html

§1312. Rights
1. Streets and public places. The blind, the visually handicapped and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.[1971, c. 58, § 1 (new).]
2. Public conveyances. The blind, the visually handicapped and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.[1971, c. 58, § 1 (new).]
3. Guide and personal care dogs. Every totally or partially blind or otherwise physically disabled person has the right to be accompanied by a guide or personal care dog, especially trained for the purpose, in any of the places listed in subsection 2 without being required to pay an extra charge for the guide or personal care dog; however, the person is liable for any damage done to the premises or facilities by such dog.[1997, c. 611, §1 (amd).]

17-§1313. Motor vehicle drivers
white cane law.
http://janus.state.me.us/legis/statutes/17/title17sec1313.html
Title 17: CRIMES
Chapter 47: DISCRIMINATION
§1313. Motor vehicle drivers
The driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide or personal care dog as defined in section 1312 shall take all necessary precautions to avoid injury to that blind or otherwise physically disabled pedestrian, and any driver who fails to take such precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind or otherwise physically disabled pedestrian, not carrying such a cane or using a guide or personal care dog in any of the places, accommodations or conveyances listed in section 1312, has all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind or otherwise physically disabled pedestrian to carry such a cane or to use a guide or personal care dog in any such places, accommodations or conveyances may not be held to constitute nor be evidence of contributory negligence. [1997, c. 611, §5 (amd).]

17-§1314 Penalty (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
interference is a misdemeanor. Fake guide dog is $100 fine.
http://janus.state.me.us/legis/statutes/17/title17sec1314.html

17-§1314-A. Misrepresentation of guide dog (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
$100 fine for faking a guide dog.
http://janus.state.me.us/legis/statutes/17/title17sec1314-A.html
Title 17: CRIMES
Chapter 47: DISCRIMINATION
§1314. Penalties
1. Public facilities; other rights. A person, firm or corporation or the agent of a person, firm or corporation may not:
A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1312; or [2003, c. 452, Pt. I, §27 (new); Pt. X, §2 (aff).]
B. Otherwise interfere with the rights of a person who is totally or partially blind or a person with other disabilities under section 1312. [2003, c. 452, Pt. I, §27 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. I, §27 (new); Pt. X, §2 (aff).]
2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.[2003, c. 452, Pt. I, §27 (new); Pt. X, §2 (aff).]

17-§1315. Proclamation
Each year, the Governor shall take suitable public notice of October 15th as White Cane Safety Day.
http://janus.state.me.us/legis/statutes/17/title17sec1315.html
Maine Legislature Title 17: CRIMES
Chapter 47: DISCRIMINATION
§1315. Proclamation
Each year, the Governor shall take suitable public notice of October 15th as White Cane Safety Day. [1971, c. 58, § 1 (new).]
He shall issue a proclamation in which: [1971, c. 58, § 1 (new).]
1. Significance. He comments upon the significance of the white cane;[1971, c. 58, § 1 (new).]
2. Observance. He calls upon the citizens of the State to observe the provisions of the White Cane Law and to take precautions necessary to the safety of the disabled;[1971, c. 58, § 1 (new).]
3. Cooperation. He reminds the citizens of the State of the policies with respect to the disabled declared in sections 1311 to 1314 and urges the citizens to cooperate in giving effect to them;[1971, c. 58, § 1 (new).]
4. Assistance. He emphasizes the need of the citizens to be aware of the presence of disabled persons in the community, and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.[1971, c. 58, § 1 (new).]
Section History:
PL 1971, Ch. 58, §1 (NEW).

17-§1316. Employment
Only for persons using guide dogs or mobility dogs.
http://janus.state.me.us/legis/statutes/17/title17sec1316.html
Maine Legislature Title 17: CRIMES
Chapter 47: DISCRIMINATION
§1316. Employment
It is the policy of this State that the blind, the visually handicapped and the otherwise physically disabled shall be employed in the state service, the service of the political subdivisions of the State, in the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved. [1971, c. 58, § 1 (new).]
Section History:
PL 1971, Ch. 58, §1 (NEW).

26-§1420-A Rights.
hearing dogs.
http://janus.state.me.us/legis/statutes/26/title26sec1420-A.html
Maine Legislature Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, §12 (rpr); RR 1995, c. 2, §69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, §13 (new))

§1420-A. Rights
The rights, established by this subarticle, of deaf and hard-of-hearing persons are as follows. [1995, c. 560, Pt. F, §13 (new).]
1. Streets and public places. Deaf and hard-of-hearing persons have the same rights as able-bodied persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.[1995, c. 560, Pt. F, §13 (new).]
2. Public conveyances. Deaf and hard-of-hearing persons are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation or amusement, or resorts and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.[1995, c. 560, Pt. F, §13 (new).]
3. Guide dogs. Every deaf or hard-of-hearing person has the right to be accompanied by a guide dog, described and known as a "hearing dog," especially trained for the purpose, and identified by a collar and leash colored hunter orange, as that color is defined in Title 12, section 10001, subsection 32, in a place listed in subsection 2 without being required to pay an extra charge for the guide dog, except that the person is liable for any damage done to the premises or facilities by that dog. When the deaf or hard-of-hearing person is accompanied by a guide dog, the person must also carry a card, issued by the Bureau of Rehabilitation Services, that states that the dog is an especially trained guide dog and cites section 1420 and this section that allow for access by the person and the person's dog to streets, public places and public conveyances.[2003, c. 414, Pt. B, §6 (amd); c. 614, §9 (aff).]
4. Especially trained guide dog trainer; access to public facilities; responsibilities. An especially trained hearing dog trainer, while engaged in the actual training of hearing dogs, has the same rights, privileges and responsibilities with respect to access to public facilities as a deaf or hard-of-hearing person.[1995, c. 560, Pt. F, §13 (new).]
5. Housing accommodations; persons with hearing-assistance animals. Every hard-of-hearing person who has a hearing-assistance animal is entitled to full and equal access to all housing accommodations provided for in this section. Hard-of-hearing persons may not be required to pay extra compensation to keep hearing-assistance animals. A hard-of-hearing person is liable for any damage done to the premises by the animal.[1995, c. 560, Pt. F, §13 (new).]
6. Housing accommodations; defined. "Housing accommodations," as used in this section, means a real property, or portion of real property, that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, including, but not limited to, public housing projects and all forms of publicly assisted housing, single-family and multifamily rental and sale units, lodging places, condominiums and cooperative apartments. "Housing accommodations" does not include:
A. The rental of a housing accommodation in a building that contains housing accommodations for not more than 2 families living independently of each other, if the owner or members of the owner's family reside in that housing accommodation; or [1995, c. 560, Pt. F, §13 (new).]
B. The rental of a room or rooms in a housing accommodation, if the rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner's family reside in that housing accommodation. [1995, c. 560, Pt. F, §13 (new).]
[1995, c. 560, Pt. F, §13 (new).]

26-§1420-B §1420-B. Motor vehicle drivers
hearing dogs.
http://janus.state.me.us/legis/statutes/26/title26sec1420-B.html
Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, §12 (rpr); RR 1995, c. 2, §69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
§1420-B. Motor vehicle drivers
The driver of a vehicle approaching a deaf or hard-of-hearing person using a properly identified guide dog shall take all necessary precautions to avoid injury to that person and the guide dog. A driver who fails to take such precautions is liable in damages for any injury caused to that person or dog. A deaf or hard-of-hearing person not using a guide dog in any of the places, accommodations or conveyances listed in section 1420-A has all of the rights and privileges conferred by law upon other persons. The failure of a deaf or hard-of-hearing person to use a guide dog in those places, accommodations or conveyances does not constitute nor is it evidence of contributory negligence. [1995, c. 560, Pt. F, §13 (new).]

26-§1420-C. Penalty; not to interfere with a deaf person; http://janus.state.me.us/legis/statutes/26/title26sec1420-C.html

Maine Legislature Title 26: LABOR AND INDUSTRY
Chapter 19: DEPARTMENT OF LABOR (HEADING: PL 1995, c. 560, Pt. F, §12 (rpr); RR 1995, c. 2, §69 (cor))
Subchapter 2: REHABILITATION SERVICES (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
Article 8: DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
Subarticle 2: RIGHTS OF DEAF AND HARD-OF-HEARING PERSONS (HEADING: PL 1995, c. 560, Pt. F, §13 (new))
§1420-C. Penalty
1. Interference with admittance or enjoyment; rights. A person or the person's agent may not:
A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1420-A; or [2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]
B. Otherwise interfere with the rights of a deaf or hard-of-hearing person under section 1420-A. [2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]
2. Penalty. Violation of this section is a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.[2003, c. 452, Pt. O, §6 (new); Pt. X, §2 (aff).]
Section History:
PL 1995, Ch. 560, §F13 (NEW).

7-§3922
Issuance of license
http://janus.state.me.us/legis/statutes/7/title7sec3922.html
HEADING: PL 1987, c. 383, §3 (new))
Chapter 721: DOG LICENSES (HEADING: PL 1987, c. 383, §3 (new))

§3922. Issuance of license
1. License; January 1st. Each owner or keeper of a dog at the age of 6 months or more, on or before January lst of each year, shall obtain a license:
A. From the clerk of the municipality where the dog is kept; [2001, c. 422, §6 (amd).]
B. From the dog recorder in the unorganized territory where the dog is kept or, in the absence of a duly authorized dog recorder, from a dog recorder in the nearest municipality or unorganized territory in the same county where the dog is kept; [2003, c. 405, §10 (amd).]
C. From a veterinary licensing agent in accordance with section 3923-F; or [2003, c. 405, §11 (amd).]
D. From the department using the Internet in accordance with section 3923-G. [2003, c. 405, §12 (new).]
[2003, c. 405, §§10-12 (amd).]
2. License; after January 1st. The owner or keeper, within 10 days of the conditions of paragraph A or B being met, shall obtain a license, if between January lst and October 15th of any year:
A. A dog reaches the age of 6 months or more; or [1997, c. 690, §14 (amd).]
B. A person becomes the owner or keeper of a dog aged 6 months or more. [1997, c. 690, §14 (amd).]
[1997, c. 690, §14 (amd).]
3. Proof of immunization. Except as provided in subsection 3-A, a municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services.
The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state.
[1997, c. 704, §7 (amd); 2003, c. 689, Pt. B, §7 (rev).]
3-A. Exception to immunization requirement for wolf hybrids. If a person applying for a license declares that the dog is a wolf hybrid, a municipal clerk may issue a license without proof that the dog has been immunized against rabies. In accordance with subsection 5, the license issued for the dog must state that the dog is a wolf hybrid.[1997, c. 704, §8 (new).]
3-B. Proof of permanent identification. A municipal clerk may not issue a license for a wolf hybrid until the applicant has filed with the clerk proof that the wolf hybrid has been permanently identified in accordance with section 3921-A.[2001, c. 129, §3 (new).]
4. Trained guide dogs. If a trained dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk shall not register the dog nor issue to its owner or keeper a license and tag unless written evidence is provided that the dog is trained and educated and intended to perform guide service for the applicant.[1995, c. 409, §4 (amd).]
5. Form of license. The license must state the breed, sex, color and markings of the dog, whether the animal is a dog or wolf hybrid and the name and address of the owner or keeper. If the person applying for a license declares that the dog is a wolf hybrid, the license must state that the dog is a wolf hybrid. The license must be issued in triplicate and the original must be given to the applicant and the remaining 2 copies must be retained by the municipal clerk or dog recorder.[1997, c. 704, §9 (amd).]
6. Designation of wolf hybrid. An owner or keeper of a dog declared as a wolf hybrid may not change the license designation. A dog that has been declared a wolf hybrid must be treated as a wolf hybrid in accordance with Title 22, chapter 251, subchapter V.[1997, c. 704, §10 (new).]

7-§3923-A. License and recording fees
Exemption from license fees (doesn't apply to PSDs).
http://janus.state.me.us/legis/statutes/7/title7sec3923-a.html
Maine Legislature Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, §3 (new))
Chapter 721: DOG LICENSES (HEADING: PL 1987, c. 383, §3 (new))
§3923-A. License and recording fees

Except as provided in subsection 3 and section 3923-C, a dog owner or keeper obtaining a license from a municipal clerk or dog recorder shall pay the license and recording fees established in this section. [2003, c. 405, §13 (amd).]

1. Dogs capable of producing young. A dog owner or keeper shall pay a fee of $10 to the municipal clerk for each dog 6 months of age or older and capable of producing young. A dog is considered capable of producing young unless certification under subsection 2 is provided.
The municipal clerk shall retain a $1 recording fee and pay the remaining $9 to the department for deposit in the Animal Welfare Fund.
[2003, c. 405, §13 (amd).]
2. Dogs incapable of producing young. A dog owner shall pay a fee of $6 to the municipal clerk or to a veterinary licensing agent for each dog 6 months of age or older and incapable of producing young. A dog is considered incapable of producing young when the owner provides the following:
A. A written certificate issued by a veterinarian stating that the veterinarian has neutered the dog; [1997, c. 690, §15 (amd).]
B. A written certificate issued by a veterinarian stating that the veterinarian has examined the dog and determined that the dog is incapable of producing young; or [1997, c. 690, §15 (amd).]
C. A previous license stating that the dog is incapable of producing young. [1997, c. 690, §15 (amd).]
The municipal clerk shall retain a $1 recording fee, deposit $2 in the municipality's animal welfare account established in accordance with section 3945 and pay the remaining $3 to the department for deposit in the Animal Welfare Fund.
[2003, c. 405, §13 (amd).]
3. Exemption from fees. A municipal clerk or a veterinary licensing agent shall issue a license upon application and without payment of a license fee required under this section for:
A. A trained guide dog owned or kept by a visually impaired person or such a dog awaiting training; [1993, c. 468, §12 (new).]
B. A trained hearing dog owned or kept by a hearing-impaired person or such a dog awaiting training; [1993, c. 468, §12 (new).]
C. A trained service dog owned or kept by a physically impaired person or such a dog awaiting training; [2001, c. 422, §9 (amd).]
D. A trained search and rescue dog recognized by the Department of Inland Fisheries and Wildlife or by the statewide association of search and rescue that cooperates with the Department of Inland Fisheries and Wildlife in developing standards for search and rescue or such a dog awaiting training; and [2001, c. 422, §9 (amd).]
E. A dog certified by the State and used for law enforcement purposes. [2001, c. 422, §9 (new).]
[2001, c. 422, §9 (amd).]
4. Late fees. An owner or keeper required to license a dog under section 3922, subsection 1 or section 3923-C, subsection 1 and applying for a license for that dog after January 31st shall pay to the municipal clerk or dog recorder a late fee of $15 in addition to the annual license fee paid in accordance with subsection 1 or 2 and section 3923-C, subsection 1. The clerk or dog recorder shall deposit all late fees collected under this subsection into the municipality's animal welfare account established in accordance with section 3945.
An owner or keeper whose name appears on a municipal warrant issued in accordance with section 3943 must pay the late fee of $25 required by that section and is not subject to this subsection.
[2003, c. 405, §13 (amd).]

7-§3961-A. Attack on service dog
excludes PSDs.
http://janus.state.me.us/legis/statutes/7/title7sec3961-a.html
Maine Legislature Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, §3 (new))
Chapter 729: DAMAGE BY ANIMALS (HEADING: PL 1987, c. 383, §3 (new); 1993, c. 468, §17 (rpr))
§3961-A. Attack on service dog
A person who owns or keeps a dog that attacks, injures or kills a service dog while the service dog is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged. [2001, c. 220, §2 (new).]
When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service dog for any veterinary bills and necessary retraining costs or replacement costs of the dog if it is disabled or killed. [2001, c. 220, §2 (new).]
For the purposes of this section, "service dog" means a guide dog for the visually impaired, a hearing dog trained to alert a person with impaired hearing or a personal care dog as defined in Title 17, section 1312, subsection 7. [2001, c. 220, §2 (new).]

7-§4011
Cruelty to animals
http://janus.state.me.us/legis/statutes/7/title7sec4011.html
AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE (HEADING: PL 1987, c. 383, §3 (new))
Chapter 739: CRUELTY TO ANIMALS (HEADING: PL 1987, c. 383, §3 (new))

§4011. Cruelty to animals
1. Cruelty to animals. Except as provided in subsection 1-A, a person, including an owner or the owner's agent, is guilty of cruelty to animals if that person:
A. Kills or attempts to kill any animal belonging to another person without the consent of the owner or without legal privilege; [1995, c. 490, §20 (rpr).]
B. Except for a licensed veterinarian or a person certified under Title 17, section 1042, kills or attempts to kill an animal by a method that does not cause instantaneous death; [1995, c. 490, §20 (rpr).]
C. Is a licensed veterinarian or a person certified under Title 17, section 1042 and that person kills or attempts to kill an animal by a method that does not conform to standards adopted by a national association of licensed veterinarians; [RR 1997, c. 2, §33 (cor).]
D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal; [1997, c. 456, §4 (amd).]
E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions; [1997, c. 456, §5 (amd).]
F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the coast of the State during the month of December, January, February or March without providing necessary sustenance and proper shelter; [1999, c. 254, §11 (amd).]
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to chapter 202-A and Title 12, Part 13; [2003, c. 414, Pt. B, §14 (amd); c. 614, §9 (aff).]
H. Injects, inserts or causes ingestion of any substance used solely to enhance the performance of an animal by altering the animal's metabolism to that animal's detriment, including but not limited to excessive levels of sodium bicarbonate in equines used for competition; or [2001, c. 425, §2 (amd).]
I. Kills or tortures an animal to frighten or intimidate a person or forces a person to injure or kill an animal. [2001, c. 425, §3 (new).]
[2003, c. 414, Pt. B, §14 (amd); c. 614, §9 (aff).]
1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person kills or attempts to kill a cat or dog.
A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a cat or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter IV. [1995, c. 490, §21 (new).]
B. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog by shooting with a firearm provided the following conditions are met.
(1) The shooting is performed by a person 18 years of age or older using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot.
(2) Death is instantaneous.
(3) Maximum precaution is taken to protect the general public, employees and other animals.
(4) Any restraint of the cat or dog during the shooting does not cause undue suffering to the cat or dog.
[1995, c. 490, §21 (new).]
[1995, c. 490, §21 (new).]
2. Affirmative defenses. It is an affirmative defense to this section that:
A. The conduct was performed by a licensed veterinarian or was a part of scientific research governed by accepted standards; [1987, c. 383, §3 (new).]
B. The conduct was designed to control or eliminate rodents, ants or other common pests on the defendant's own property; or [1987, c. 383, §3 (new).]
C. The conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 13. [2003, c. 414, Pt. B, §15 (amd); c. 614, §9 (aff).]
Evidence of proper care of any animal shall not be admissible in the defense of alleged cruelty to other animals.
[2003, c. 414, Pt. B, §15 (amd); c. 614, §9 (aff).]

[hr]

New law goes into effect July 17th, 2008:

An Act To Implement the Recommendations of a Task Force Convened To Evaluate and Recommend Revisions Regarding the Statutory Definition of "Service Dog"
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §4553, sub-§9-D is enacted to read:
9-D. Service animal. "Service animal" means:
A. Any animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician's assistant, nurse practitioner or licensed social worker; or
B. Any animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or fetching dropped items.

Sec. 2. 5 MRSA §4582-A, sub-§1, as amended by PL 2007, c. 243, §2, is further amended to read:
1. Modifications. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit, at the expense of a person with physical or mental disability, reasonable modifications of existing premises occupied or to be occupied by that person if the modifications may be necessary to give that person full enjoyment of the premises, except that, with a rental, the landlord, when it is reasonable to do so, may condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; or

Sec. 3. 5 MRSA §4582-A, sub-§2, as amended by PL 2007, c. 243, §3, is further amended to read:
2. Accommodations. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to make reasonable accommodations in rules, policies, practices or services when those accommodations are necessary to give a person with physical or mental disability equal opportunity to use and enjoy the housing . ; or

Sec. 4. 5 MRSA §4582-A, sub-§3 is enacted to read:
3. Service animals. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit the use of a service animal or otherwise discriminate against an individual with a physical or mental disability who uses a service animal at the housing accommodation unless it is shown by defense that the service animal poses a direct threat to the health or safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the housing accommodation by others. The use of a service animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such a service animal.

Sec. 5. 5 MRSA §4592, sub-§6, as enacted by PL 1995, c. 393, §24, is amended to read:
6. Association. For a covered entity to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association; and

Sec. 6. 5 MRSA §4592, sub-§7, as enacted by PL 1995, c. 393, §24, is amended to read:
7. Administrative methods. For an individual or an entity, directly or through contractual or other arrangements, to utilize standards or criteria or methods of administration:
A. That have the effect of discrimination on the basis of disability; or
B. That perpetuate the discrimination of others who are subject to common administrative control . ; and

Sec. 7. 5 MRSA §4592, sub-§8 is enacted to read:
8. Service animals. For any public accommodation or any person who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any place of public accommodation to refuse to permit the use of a service animal or otherwise discriminate against an individual with a physical or mental disability who uses a service animal at the public accommodation unless it is shown by defense that the service animal poses a direct threat to the health or safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the public accommodation by others. The use of a service animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such a service animal.

Sec. 8. 7 MRSA §3907, sub-§13, as enacted by PL 1987, c. 383, §3, is amended to read:
13. Service dog kept for breeding purposes. " Guide Service dog or hearing dog kept for breeding purposes" means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as guide service dogs or hearing dogs and living with a resident of the State.

Sec. 9. 7 MRSA §3907, sub-§14, as enacted by PL 1987, c. 383, §3, is amended to read:
14. Service dog kept prior to training. " Guide Service dog or hearing dog kept prior to training" means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a guide service dog or hearing dog and living temporarily with a resident of the State prior to training.

Sec. 10. 7 MRSA §3907, sub-§24-A is enacted to read:
24-A. Service dog. "Service dog" means a dog that meets the definition of "service animal" set forth in Title 5, section 4553, subsection 9-D.

Sec. 11. 7 MRSA §3922, sub-§4, as amended by PL 1995, c. 409, §4, is further amended to read:
4. Service dogs. If a trained service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk shall may not register the dog nor issue to its owner or keeper a license and tag that identifies the dog as a service dog unless the applicant presents written evidence is provided to the municipal clerk that the dog is trained and educated and intended to perform guide service for the applicant. meets the definition of "service dog." For the purpose of this subsection "written evidence" means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission.

Sec. 12. 7 MRSA §3923-A, sub-§3, as amended by PL 2001, c. 422, §9, is further amended to read:
3. Exemption from fees. A municipal clerk or a veterinary licensing agent shall issue a license upon application and without payment of a license fee required under this section for:
A. A trained guide service dog owned or kept by a visually impaired person or such a dog awaiting training with a physical or mental disability;
B. A trained hearing dog owned or kept by a hearing-impaired person or such a dog awaiting training;
C. A trained service dog owned or kept by a physically impaired person or such a dog awaiting training;
D. A trained search and rescue dog recognized by the Department of Inland Fisheries and Wildlife or by the statewide association of search and rescue that cooperates with the Department of Inland Fisheries and Wildlife in developing standards for search and rescue or such a dog awaiting training; and
E. A dog certified by the State and used for law enforcement purposes.

Sec. 13. 7 MRSA §3961-A, as enacted by PL 2001, c. 220, §2, is amended to read:

§ 3961-A. Attack on service animal

A person who owns or keeps a dog that attacks, injures or kills a service dog animal while the service dog animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service dog animal for any veterinary bills and necessary retraining costs or replacement costs of the dog service animal if it is disabled or killed.

For the purposes of this section, "service dog animal" means a guide dog for the visually impaired, a hearing dog trained to alert a person with impaired hearing or a personal care dog as defined in Title 17, section 1312, subsection 7 has the same meaning as set forth in Title 5, section 4553, subsection 9-D.

Sec. 14. 17 MRSA §1011, sub-§13, as enacted by PL 1987, c. 383, §4, is amended to read:
13. Service dog kept for breeding purposes. " Guide Service dog or hearing dog kept for breeding purposes" means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as guide service dogs or hearing dogs and living with a resident of the State.

Sec. 15. 17 MRSA §1011, sub-§14, as enacted by PL 1987, c. 383, §4, is amended to read:
14. Service dog kept prior to training. " Guide Service dog or hearing dog kept prior to training" means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a guide service dog or hearing dog and living temporarily with a resident of the State prior to training.

Sec. 16. 17 MRSA §1011, sub-§24-A is enacted to read:
24-A. Service dog. "Service dog" means a dog that meets the definition of "service animal" set forth in Title 5, section 4553, subsection 9-D.

Sec. 17. 17 MRSA §1312, sub-§3, as amended by PL 1997, c. 611, §1, is further amended to read:
3. Service dogs. Every totally or partially blind or otherwise physically or mentally disabled person has the right to be accompanied by a guide or personal care service dog, especially trained for the purpose, in any of the places listed in subsection 2 without being required to pay an extra charge for the guide or personal care service dog; however, the person is liable for any damage done to the premises or facilities by such a dog.

Sec. 18. 17 MRSA §1312, sub-§4, as amended by PL 1997, c. 611, §2, is further amended to read:
4. Especially trained service dog trainer; access to public facilities; responsibilities. An especially trained guide dog trainer or personal care service dog trainer, while engaged in the actual training process and activities of guide or personal care service dogs, has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as are applicable to a blind, visually handicapped or otherwise physically or mentally disabled person.

Sec. 19. 17 MRSA §1312, sub-§5, as amended by PL 1997, c. 611, §3, is further amended to read:
5. Housing accommodations; persons with service dogs. Every blind or visually handicapped or otherwise physically or mentally disabled individual who has a sight-assistance or assistance service animal, such as a guide or personal care service dog, is entitled to full and equal access to all housing accommodations provided for in this section. Blind or visually impaired or otherwise physically or mentally disabled individuals may not be required to pay extra compensation to keep sight-assistance or personal care service animals. A blind or visually impaired or otherwise physically or mentally disabled person is liable for any damages done to the premises by the service animal.

Sec. 20. 17 MRSA §1312, sub-§7, as enacted by PL 1997, c. 611, §4, is amended to read:
7. Service dog; definition. As used in this section, " personal care service dog" means a dog that provides assistance with activities of daily living for a person who is physically disabled meets the definition of "service animal" in Title 5, section 4553, subsection 9-D.

Sec. 21. 17 MRSA §1313, as amended by PL 1997, c. 611, §5, is further amended to read:

§ 1313. Motor vehicle drivers

The driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide or personal care service dog as defined in section 1312 shall take all necessary precautions to avoid injury to that blind or otherwise physically disabled pedestrian, and any driver who fails to take such precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind or otherwise physically disabled pedestrian, not carrying such a cane or using a guide or personal care service dog in any of the places, accommodations or conveyances listed in section 1312, has all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind or otherwise physically disabled pedestrian to carry such a cane or to use a guide or personal care service dog in any such places, accommodations or conveyances may not be held to constitute nor be evidence of contributory negligence.

Sec. 22. 17 MRSA §1314-A, as enacted by PL 2003, c. 452, Pt. I, §28 and affected by Pt. X, §2, is amended to read:

§ 1314-A. Misrepresentation of service dog

A person who fits a dog with a harness , collar, vest or sign of the type commonly used by blind persons in order to represent that the dog is a guide service dog , or commonly used by persons with disabilities to represent that the dog is a service dog when training of the type that guide dogs normally receive has not been provided , or when the dog does not meet the definition of "service dog" as defined in section 1312 commits a civil violation for which a fine of not more than $100 $500 may be adjudged.

Sec. 23. 17 MRSA §3966, 2nd ¶, as enacted by PL 2005, c. 318, §1, is amended to read:

For the purposes of this section, "service animal" means an animal that has been prescribed for an individual with a disability by a physician, psychiatrist or psychologist and a guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching items has the same meaning as set forth in Title 5, section 4553, subsection 9-D.

Sec. 24. 26 MRSA §1420-A, sub-§3, as amended by PL 2003, c. 414, Pt. B, §6 and affected by c. 614, §9, is repealed.

Sec. 25. 26 MRSA §1420-A, sub-§4, as enacted by PL 1995, c. 560, Pt. F, §13, is repealed.

Sec. 26. 26 MRSA §1420-A, sub-§5, as enacted by PL 1995, c. 560, Pt. F, §13, is repealed.

Sec. 27. 26 MRSA §1420-D, as enacted by PL 2003, c. 452, Pt. O, §7 and affected by Pt. X, §2, is repealed.

Effective 90 days following adjournment of the 123rd Legislature, First Special Session, unless otherwise indicated.

http://www.mainelegislature.org/legis/bills/chapters/PUBLIC664.asp

http://www.maine.gov/mhrc/laws/Service%20Animal%2006%202008.pdf