APPROVED CHAPTER
JULY 31, 2023 484
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 263 - L.D. 595
An Act to Establish the Companion Animal Sterilization Program in the
Maine Revised Statutes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3907, sub-§9-B is enacted to read:
9-B. Cat. "Cat" means a member of the genus and species known as Felis catus.
Sec. 2. 7 MRSA §3910-B, as amended by PL 2021, c. 523, §§1 to 4, is further
amended to read:
§3910-B. Companion Animal Sterilization Fund
1. Establishment. There is established the Companion Animal Sterilization Fund, an
interest-bearing account and nonlapsing fund in the department, referred to in this section
as "the fund." The fund receives money deposited by the Treasurer of State pursuant to
Title 36, section 5284‑A, revenues generated in accordance with this section, all revenue
from the surcharges collected under section 3933, subsection 4, revenue received from
surcharges in accordance with section 714, subsection 4 and any money contributed
voluntarily to the fund. All money deposited in the fund and the earnings on that money
remain in the fund to be used for the spaying or neutering of companion animals owned by
persons meeting income limit standards and for the spaying or neutering of a feral cat
regardless of a person's income program established under section 3910-C and for the
necessary direct administrative and personnel costs of the department and the administrator
as provided under subsection 1-A associated with the management of the fund
implementing and overseeing that program, and may not be deposited in the General Fund
or any other fund except as specifically provided by law. The fund may not be charged for
indirect costs under a departmental indirect cost allocation plan. As used in this section,
"administrator," "overpopulation," "program," "sterilization" and "veterinary provider"
have the same meanings as in section 3910-C, subsection 1.
1-A. Administration of the fund. The commissioner shall contract the administration
of the fund to a suitable animal welfare organization selected through a competitive
process. The contracting organization shall administer the fund The administrator
administers the fund in accordance with subsection 5 and procedures and eligibility
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standards established under subsection 2 section 3910-C. The contracting organization
administrator may not expend more than 15% of the fund annually for administrative costs.
In the event that the commissioner cannot find a suitable animal welfare organization, the
department shall administer the fund.
2. Subsidies; development of standards. The commissioner shall develop
procedures and eligibility standards for the awarding of subsidies to low-income persons
for the spaying or neutering of those persons' companion animals. Procedures and
eligibility standards must be developed in consultation with veterinarians and
representatives of humane societies and animal shelters. The commissioner shall develop
procedures to pay a person, regardless of income, 100% of the cost of spaying or neutering
a feral cat.
3. Fund-raising. The commissioner or the commissioner's authorized agent may
provide for the creation, reproduction, sale, licensing and distribution and other disposal of
any art or other products for the purpose of generating revenues for the fund. All money
generated from the sale of these items must be deposited into the fund.
5. Distribution of funds. Money in the fund must be distributed for the purposes of
the program in accordance with this subsection.
A. The administrator shall determine if there is an overpopulation of cats or dogs and
apportion available funds between sterilization for cats and dogs according to the need
to control overpopulation of cats or dogs.
B. If one species under paragraph A is overpopulated, but not the other, then no more
than 10% of the fund annually may be expended for sterilization for the species that is
not overpopulated.
C. If there is no overpopulation of either species under paragraph A, funds must be
expended according to requests for assistance with sterilization costs from eligible
program applicants and participating veterinary providers with priority given to
geographic areas with the greatest need for program services.
Sec. 3. 7 MRSA §3910-C is enacted to read:
§3910-C. Companion Animal Sterilization Program
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrator" means the entity that administers the program as provided in
subsection 7.
B. "Fund" means the Companion Animal Sterilization Fund under section 3910-B.
C. "Neuter" means to castrate a male animal by removing the animal’s testicles or to
sterilize a male animal by a nonsurgical method approved by the federal Food and Drug
Administration.
D. "Overpopulation" means a surplus of cats or dogs when compared to demand for
ownership by humans as determined by the commissioner by rule.
E. "Program" means the Companion Animal Sterilization Program established under
subsection 2.
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 F. "Spay" means to sterilize a female animal by removing the animal’s ovaries or to
sterilize a female animal by a nonsurgical method approved by the federal Food and
Drug Administration.
G. "Spay or neuter event" means an event scheduled by a veterinary provider,
including, but not limited to, a mobile clinic, a pop-up clinic or a clinic in a fixed
location, during which 10 or more sterilizations are provided per day for program
participants.
H. "Sterilization" means the spaying or neutering of a companion animal, a stray
animal or a feral cat.
I. "Veterinary provider" means a person licensed to practice veterinary medicine under
Title 32, section 4861 or an animal welfare organization that has at least one licensed
veterinarian on staff and regularly provides companion animal sterilization services to
the public.
2. Establishment. The Companion Animal Sterilization Program is established within
the department to provide sterilization services in order to reduce:
A. Stray and unwanted cats and dogs;
B. Cat and dog euthanasia rates;
C. Dog bites;
D. Feral cats;
E. Threats to public health and safety from rabies and other zoonotic diseases;
F. Costs associated with community and state animal control; and
G. Areas lacking access to veterinary care.
3. Eligibility. A person is eligible to have a companion animal, a stray animal or a
feral cat sterilized under the program if the person is:
A. At least 18 years of age and not declared as a dependent by another person for tax
purposes;
B. A resident of the State;
C. The owner of the companion animal or the keeper of the stray animal or feral cat to
be sterilized; and
D. One of the following:
(1) The owner of the companion animal or the keeper of the stray animal to be
sterilized and has a household income less than 133% of the federal poverty level,
except that, if money is available in the fund, the department may by rule increase
the household income limit for the purposes of eligibility up to 150% of the federal
poverty level;
(2) The owner of the companion animal or the keeper of the stray animal to be
sterilized participates in an income-based governmental public assistance program
as determined by the department by rule; or
(3) The keeper of a feral cat, regardless of income.
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A person determined eligible under this subsection may be issued a voucher for sterilization
services under this subsection.
4. Copayment. A person who meets the eligibility requirements under subsection 3
and who receives services under the program shall submit to the administrator or the
veterinary provider, whichever is applicable, a copayment determined by the department
unless the animal that is spayed or neutered is a feral cat. The department shall determine
the copayment on an annual basis. The administrator may waive the copayment if the
administrator determines that the copayment creates a financial hardship for the person.
5. Veterinary provider participation and payment. On an annual basis, a veterinary
provider that wishes to receive payments for sterilization services under the program shall
sign an agreement with the department on a form provided by the department. Under the
agreement, the veterinary provider agrees to fees that may be charged for sterilization
services, as established by the department, and all other program conditions and elects the
manner of payment under the program in accordance with this subsection. The agreement
must specify that the program only provides payments for the specific services covered
under the program pursuant to subsection 6.
A veterinary provider may elect one of the following ways in which to receive payments
under the program.
A. A veterinary provider may elect to receive prepayments for sterilizations in
accordance with this paragraph by filing an application with the administrator
requesting funding for sterilizations that the provider commits to perform in the 6-
month period following the application’s approval. The administrator shall provide
prepayments to the veterinary provider in a single installment or in multiple
installments. If the administrator provides multiple installments, any installment after
the first installment must be conditioned upon the veterinary provider's provision of at
least 75% of the sterilizations prepaid by the first installment and the availability of
funding. A veterinary provider shall collect the copayments established under
subsection 4 and provide an accounting to the administrator. The administrator may
supply to the veterinary provider vouchers that allow the provider to verify in-clinic
eligibility of clients.
B. A veterinary provider may elect to receive reimbursements for individual
sterilizations by submitting an invoice to the administrator for the sterilization
performed for a person issued a voucher by the administrator. The veterinary provider
shall submit the invoice with the associated voucher after performing the sterilization.
6. Voucher reimbursement rate. The department shall establish by rule voucher
reimbursement rates under the program in consultation with a statewide association of
veterinarians. The reimbursement rates must cover the cost of the presterilization
examination, the sterilization and a rabies vaccination. The reimbursement rate may cover
additional procedures approved by the department, including feline viral rhinotracheitis,
feline calicivirus and feline panleukopenia vaccinations; distemper, hepatitis, parainfluenza
and parvovirus vaccinations; and flea and tick treatment and may cover pain management
and a device that prevents the cat or dog from reaching the surgical site. The owner of a
companion animal or keeper of a stray animal or feral cat is responsible for the payment of
any additional procedures administered by the veterinary provider that are not covered by
the program.
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 7. Program administration. The department through a competitive selection process
shall contract with a suitable animal welfare organization to administer the program. The
administrator must have adequate resources and staff, or plans for adding sufficient staff,
to administer the program, as determined by rule by the department. Other than the
payment of administrative costs under section 3910-B, subsection 1-A, the administrator
may not have any direct or indirect pecuniary interest in or receive or be eligible to receive,
directly or indirectly, any benefit that may arise from a contract with the State under this
section. In the event that the department is unable to contract with a suitable animal welfare
organization, the department is the administrator. The administrator shall:
A. Issue a unique identifying code to a person who is determined to be eligible under
subsection 3. The code must indicate the type of animal that is eligible for sterilization
under the program;
B. Issue a group of vouchers to a veterinary provider to be used at a spay or neuter
event for persons determined eligible in accordance with subsection 3. Vouchers under
this paragraph are valid for no more than 120 days from the date of issuance unless
extended by the administrator;
C. Maintain a phone line and a voice mail system and ensure that calls and messages
are returned within 10 business days;
D. Procure veterinary provider participation agreements under subsection 5 and
maintain relationships with veterinary providers;
E. Maintain a list of participating veterinary providers;
F. Except as provided under subsection 5, paragraph A, verify individual owner or
keeper eligibility for the program;
G. Establish a process for spay or neuter events that ensures that participating
veterinary providers are verifying owner or keeper eligibility for the program;
H. Dispense payment to veterinary providers in a timely manner once an application
for payment is approved or an invoice for services is received and verified;
I. Collect and review progress reports from veterinary providers, including, but not
limited to, specific vouchers redeemed, fund expenditures, money remaining in the
fund, changes needed for additional funding installments pursuant to subsection 5,
paragraph A and accounting for copayments under subsection 4 paid directly to
veterinary providers; and
J. Report quarterly to the commissioner on program progress including reconciliation
of all funding, vouchers issued and redeemed, participating veterinary providers'
progress, number of funding applications, number and type of sterilizations performed,
geographic distribution of owners and keepers participating in the program, funds
dispersed and fund balance.
8. Rules. The department shall adopt rules necessary to implement this section.
Notwithstanding Title 5, section 8071, subsection 2, rules adopted under this subsection
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
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AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Animal Welfare Fund 0946
Initiative: Provides funding for one part-time Senior Planner position and associated costs.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
POSITIONS - LEGISLATIVE COUNT 0.500 0.500
Personal Services $24,109 $25,435
All Other $5,230 $5,230
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $29,339 $30,665
DACF Administration 0401
Initiative: Provides funding for the technology management costs associated with a
position.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
All Other $585 $586
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $585 $586
AGRICULTURE, CONSERVATION AND
FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $29,924 $31,251
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $29,924 $31,251
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Statutes affected:
Bill Text ACTPUB , Chapter 484: 7.3910