LD 431
pg. 2
Page 1 of 2 An Act To Increase Educational Certification for Humane Agents and Animal Contr... LD 431 Title Page
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LR 609
Item 1

 
3. Education requirement; management. A humane agent hired
after January 1, 1999 shall attend a nationally recognized
animal law enforcement training program of at least 40 hours'
duration, regardless of the date of employment, must attend and
successfully complete the Maine Criminal Justice Academy
preservice law enforcement training as required in Title 25,
section 2804-B and the in-service law enforcement training as
required in Title 25, section 2804-E in order to have the power
to make arrests or to carry a firearm. A humane agent is exempt
from Title 25, section 2804-C. A humane agent, regardless of
date of employment, must receive 40 hours of related education
periodically annually as determined by the Animal Welfare
Advisory Council and the department.

 
4. Subpoenas and summons. The commissioner or the
commissioner's designee after consultation with the
appropriate attorney for the State or the legal counsel for
the department may: Upon the meeting of the requirements
stated in subsection 3, a humane agent has the authority to
serve civil and criminal process.

 
A. Serve subpoenas requiring persons to disclose or
provide to the department information or records in their
possession that are necessary and relevant to an
investigation under the animal welfare laws.

 
(1) The department may apply to the District Court
to enforce a subpoena.

 
(2) A person who complies with a subpoena is immune
from civil or criminal liability that might otherwise
result from the act of turning over or providing
information or records to the department.

 
SUMMARY

 
This bill sets minimum educational requirements for
certification and recertification of humane agents and animal
control officers and clarifies their authority to serve civil
and criminal process.


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