LD 1142
pg. 11
Page 10 of 16 An Act To Restructure the Power and Duties within the Animal Welfare Act Page 12 of 16
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LR 1131
Item 1

 
The commissioner, chief humane agent or a humane agent,
sheriff, deputy sheriff, constable, police officer or person
authorized to make arrests may take possession of any animals
detained in violation of this chapter and may unload the animals
and place them in properly equipped pens or other suitable
enclosures for rest, water and feeding. The commissioner chief
humane agent or any person taking possession pursuant to this
section has a lien on the animals detained for expenses incurred
for the care given.

 
§3984. Enforcement of lien

 
The commissioner chief humane agent or any person having a
lien in accordance with section 3982 or 3983 may enforce the
lien in the same manner as enforcements of liens on personal
property pursuant to Title 10, chapter 631.

 
§3985. Immunity from liability

 
Neither the commissioner chief humane agent nor any person
having a lien in accordance with section 3982 or 3983 is
liable for the detention of animals pursuant to this chapter.

 
Sec. 23. 7 MRSA §3991, as amended by PL 1999, c. 547, Pt. B, §24
and affected by §80, is further amended to read:

 
§3991. Regulation of research institutions

 
1. License necessary. No A research or teaching institution
of higher education may not employ live animals in scientific
investigation, experiment or instruction or for the testing of
drugs or medicines without first having been issued a license
under this section by the commissioner chief humane agent. A
research or teaching institution desiring to obtain a license
shall make application to the commissioner chief humane agent.
On receipt of the application, the commissioner chief humane
agent shall make or cause to be made such investigation as it
the chief humane agent considers necessary to determine
whether the public interest will be served by the issuance of
the license. The commissioner chief humane agent may issue the
license provided that as long as the research or teaching
institution, by reason of its standards, facilities, practices
or activities, is a fit and proper institution to receive the
license and that its issuance is in the public interest. The
standards for licensure shall be are those contained in the
United States Code, Title 7, Section 2143, and any federal
regulations issued pursuant to that law. Nothing in this
chapter may be construed to be more restrictive than federal
law. In the case of conflict between state law and federal law
or a mandatory rule, regulation or


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