LD 1695
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Page 1 of 3 An Act to Clarify, Enhance and Strengthen the Animal Welfare Laws of Maine ... Page 3 of 3
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summary of final disposition of those cases and an account of
deposits into and payments from the spaying and neutering fund.

 
Sec. 5. 7 MRSA 3906-C, sub-1, as amended by PL 1995, c. 502, Pt. C,
13, is repealed and the following enacted in its place:

 
1.__Membership.__The committee consists of 11 voting members:

 
A.__Two members of the joint standing committee of the
Legislature having jurisdiction over animal welfare matters,
one appointed by the President of the Senate and one
appointed by the Speaker of the House; and

 
B.__Nine members appointed by the Governor as follows and
subject to review by the joint standing committee of the
Legislature having jurisdiction over animal welfare matters
and to confirmation by the Senate:

 
(1)__One member representing licensed animal shelters;

 
(2)__One member with expertise in the care and health
of equines;

 
(3)__One member with expertise in the care and health
of livestock;

 
(4)__One member with expertise in the care and health
of animals kept as household pets;

 
(5)__One member representing humane societies;

 
(6)__One member who is or has been a veterinarian
licensed to practice in the State and who is not an
employee of the State;

 
(7)__One animal control officer;

 
(8)__One member representing municipal interests; and

 
(9)__One member who represents the interests of the
public in animal welfare, generally.

 
A person who owns or operates a boarding kennel, breeding kennel
or pet shop may not serve as a committee member.

 
Sec. 6. 7 MRSA 3906-C, sub-4, as enacted by PL 1991, c. 779, 10,
is amended to read:

 
4. Terms of office. Except for initial appointees and the
state member the legislative members, each member serves for a

 
term of 3 years or until the member's successor has qualified. A
person may not serve more than 2 consecutive terms. In the case
of a vacancy for any reason, the Governor shall appoint a member
to fill the unexpired term. The terms of legislative members
expire on the first Wednesday in December of even-numbered years.

 
Sec. 7. 7 MRSA 3906-C, sub-5, as enacted by PL 1991, c. 779, 10,
is repealed.

 
Sec. 8. 7 MRSA 3906-C, sub-6, as enacted by PL 1991, c. 779, 10,
is amended to read:

 
6. Administration; meetings. The committee shall elect one
of its members as chair. The chair serves for a 2-year period
and may not serve as chair for consecutive 2-year periods.

 
The committee shall hold regular monthly meetings but may waive
by majority vote a succeeding monthly meeting. The chair shall
call special meetings of the committee whenever requested in
writing by 2 or more members. All meetings of the committee are
public meetings and notice must be provided.__The committee shall
keep minutes of all proceedings, which are a public record,
available and on file with the Director of the Division of Animal
Health and Industry.

 
Sec. 9. 7 MRSA 3906-C, sub-7 and 8 are enacted to read:

 
7.__Geographic regions.__The committee shall work with the
commissioner to designate 5 or more geographic regions in the
state to facilitate the training of intermittent agents, to
coordinate services and investigations and to enhance the
enforcement of the animal welfare laws.__The boundaries of the
regions must conform to county lines or judicial divisions.

 
8.__Animal welfare ombudsmen.__The committee, in consultation
with the commissioner, the state humane agents and intermittent
humane agents shall develop a roster of people with expertise in
animal health who are willing to assist in the investigation of
complaints of alleged violations of chapters 731, 733, 735, 737
and 739 and Title 17, chapter 42.__The committee shall strive to
find ombudsmen to serve in each of the geographic regions
designated in accordance with subsection 7 with expertise in each
of the following areas:

 
A.__Canine health;

 
B.__Feline and small mammal health;

 
C.__Equine health;

 
D.__Livestock and poultry; and

 
E.__Exotic birds and animals.

 
The commissioner shall provide the names of and contact
information for the regional animal ombudsmen to humane agents,
intermittent humane agents, animal control officers and law
enforcement officers.__Animal welfare ombudsmen are entitled to
receive expenses for travel associated with investigations.__An
animal welfare ombudsman is immune from any liability that might
result from participation in investigations of alleged animal
cruelty violations.

 
Sec. 10. 7 MRSA 3907, sub-8-A, as amended by PL 1997, c. 690, 4, is
further amended to read:

 
8-A. Breeding kennel. "Breeding kennel" means a facility
operated for the purpose of breeding or buying, selling or in any
way exchanging dogs or cats for value that exchanges more than 16
6 dogs or 16 6 cats in a 12-month period.

 
Sec. 11. 7 MRSA c. 720, is amended by repealing the chapter headnote
and enacting the following in its place:

 
CHAPTER 720

 
RABIES PREVENTION

 
Sec. 12. 7 MRSA 3919 is enacted to read:

 
3919.__Rabies vaccination information

 
Upon request, a veterinarian or employee of a veterinary
clinic shall provide information regarding the status of an
animal's vaccination against rabies.__If the veterinarian or
veterinary clinic is in possession of medical records for an
animal, the veterinarian or veterinary clinic shall make
available all information pertaining to the animal's vaccination
against rabies, including dates of vaccination, and the name,
address and phone number of the animal's owner.

 
Sec. 13. 7 MRSA 3972, sub-2, as amended by PL 1989, c. 342, 2, is
further amended to read:

 
2. Violation. Any person who makes unlawful use of animals
contrary to this section commits a civil violation for which a
forfeiture not to exceed $100 not less than $100 or more than
$1,000 may be adjudged. For the purposes of this section,
"animal" does not include lobsters or shellfish.

 
Sec. 14. 7 MRSA 3981, sub-1, as enacted by PL 1987, c. 383, 3, is
amended to read:

 
1. Period of confinement. No A railroad, motor truck, common
carrier or its receiver, trustee or lessee which that transports
animals within the State or other person having the care, custody
or charge of animals loaded into any such form of transportation
may not confine the animals in cars, boats, vehicles or vessels
of any description for a period longer than 28 12 consecutive
hours without unloading the animals in a humane manner, by means
of a chute or tailgate of sufficient size, into properly equipped
pens or other suitable enclosures for rest, water and feeding for
a period of at least 5 consecutive hours, unless prevented by
storm, accident or other unavoidable cause which that cannot be
anticipated or avoided by the exercise of due diligence and
foresight.

 
In estimating the time of confinement, the time consumed in
loading and unloading shall may not be considered, but the time
during which the animals have been confined without such rest,
food or water in a car, boat, vehicle or vessel shall must be
included.

 
Sec. 15. 7 MRSA 3981, sub-2, as enacted by PL 1987, c. 383, 3, is
repealed.

 
Sec. 16. 7 MRSA 3981, sub-5 and 6, as enacted by PL 1987, c. 383,
3, are amended to read:

 
5. Conditions of transportation. Cars, boats, vehicles or
vessels shall must be sufficiently covered or boarded on the
sides and ends to afford proper protection to animals in case of
storms or severe cold weather and shall must be properly
ventilated. A greater number of animals shall may not be loaded
into any car, boat, vehicle or vessel than can stand comfortably
within. A person may not transport equines in a trailer designed
for transporting animals in 2 tiers, commonly referred to as a
"double-decker" trailer.

 
No A person may not transport any animal in or upon any car,
boat, vehicle or vessel in a cruel or inhumane manner.

 
6. Violation. Any person who violates this section commits a
civil violation for which a forfeiture of not less than $50 $500
nor more than $500 $1,000 for every such offense may be adjudged.

 
Sec. 17. 7 MRSA 4001, sub-4-A is enacted to read:

 
4-A.__Care of animals.__A person sponsoring a calf or pig

 
scramble shall provide the animals food, shelter and water in
accordance with sections 4013 and 4015.

 
Sec. 18. 7 MRSA 4011, sub-1, E, as amended by PL 1997, c. 456, 5,
is further amended to read:

 
E. Deprives an animal that the person owns or, possesses or
has under that person's care and control of necessary
sustenance, necessary medical attention, proper shelter,
protection from the weather or humanely clean conditions;

 
Sec. 19. 7 MRSA 4011, sub-1, G, as amended by PL 1999, c. 765, 9,
is further amended to read:

 
G. Hunts or sells for the purpose of hunting any animal,
except as permitted pursuant to Title 7, chapter 202-A and
Title 12, Part 10; or

 
Sec. 20. 7 MRSA 4011, sub-1, H, as enacted by PL 1999, c. 254, 13,
is amended to read:

 
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.;

 
Sec. 21. 7 MRSA 4011, sub-1, I and J are enacted to read:

 
I.__Inserts, applies or fastens to any part of the body any
substance, device, product or object used to curtail a
bodily function or to cause pain or irritation to the animal
or agitation to the animal to cause a fight or flight
response, including, but not limited to, spikes attached to
the legs of an equine or electric prods used on the genitals
of pulling animals in training or show; or

 
J.__Except for livestock traditionally pastured, keeps or
leaves an animal at a location that is not occupied by a
person responsible for the animal's care and sustenance.

 
Sec. 22. 7 MRSA 4013, sub-1 and 2, as enacted by PL 1987, c. 383,
3, are amended to read:

 
1. Food. The food shall must be of sufficient quantity and
quality to maintain all animals in good health. For an equine,
hay must be sweet smelling, not moldy or wet or mulch hay.__Grain
must be dry and fresh, not wormy, damp or moldy or with rodent
infestation.

 
2. Water. If potable Potable water is not must be accessible
to the animal at all times, it shall be provided daily and in
sufficient quantity for the health of the animal.

 
Sec. 23. 7 MRSA 4015, sub-2, as amended by PL 1997, c. 456, 8, is
further amended to read:

 
2. Outdoor standards. Minimum outdoor standards of shelter
shall be are as follows.

 
A. When sunlight is likely to cause heat exhaustion of an
animal is tied or, caged or confined outside, sufficient
shade by natural or artificial means shall must be provided
to protect the animal from direct sunlight. As used in this
paragraph, "caged" "confined" does not include farm fencing
used to confine farm animals, except that "confined" does
include fencing used to confine equines.

 
B. Except as provided in subsection subsections 5, 6 and 7,
shelter from inclement weather must be as follows.

 
(1) An artificial shelter, with a minimum of 3 sides and a
waterproof roof, appropriate to the local climatic
conditions for the species concerned must be provided
as necessary for the health of the animal.

 
(2) If a dog is tied or confined unattended outdoors under
weather conditions that adversely affect the health of
the dog, a shelter of suitable size with a floor above
ground and waterproof roof must be provided to
accommodate the dog and protect it from the weather
and, in particular, from severe cold. Inadequate
shelter may be indicated by the shivering of the dog
due to cold weather for a continuous period of 30
minutes.

 
C. No An animal may not be confined in a building,
enclosure, car, boat, vehicle or vessel of any kind when
extreme heat or extreme cold will be harmful to its health.

 
Sec. 24. 7 MRSA 4015, sub-3, B, as enacted by PL 1987, c. 383, 3,
is amended to read:

 
B. Enclosures shall must be constructed and maintained to
provide sufficient space to allow each animal adequate
freedom of movement. Inadequate space may be indicated by
evidence of overcrowding, debility, stress or abnormal
behavior patterns or feces and urine on the animal's fur,
feathers, coat or hide.

 
Sec. 25. 7 MRSA 4015, sub-5, as amended by PL 1999, c. 765, 10, is
further amended to read:

 
5. Livestock. Livestock must be provided with shelter
suitable for the health of the animal. Livestock must have
access to a constructed or natural shelter that is large enough
to accommodate all livestock comfortably at one time. The
shelter should be well drained and protect the livestock from
direct sun, rain, wind and other inclement weather.
Notwithstanding this subsection, shelter for equines must be
provided in accordance with subsection 2, paragraph B,
subparagraph (1) 6. For purposes of this subsection, "livestock"
includes large game as defined in section 1341, subsection 5 kept
at a licensed commercial large game shooting area as defined in
section 1341, subsection 1.

 
Sec. 26. 7 MRSA 4015, sub-6 and 7 are enacted to read:

 
6.__Equines.__An equine must be provided with a shelter
constructed of wood, metal or other solid material with a minimum
of 3 sides and a waterproof roof.__For purposes of this
subsection, a tarp is not acceptable as a waterproof roof.__
Shelter must be available at all times and be sufficient in size
to accommodate all equines on the site.__The shelter must be
located on a well-drained site.__The floor must be dry or enough
bedding must be provided to ensure dry conditions suitable for
the animal to lie down.

 
7.__Dogs; shelter and tethering.__A person owning or keeping a
dog who shelters the dog out of doors shall provide the dog with
a shelter consisting of a 4-sided structure and roof made of
waterproof and windproof material with an insulation resistance
factor of at least .9.__The shelter must have a portal of entry
of sufficient size to allow the dog unimpeded passage.__The
portal must include a baffle, or the passage of entrance must be
constructed in a manner to provide a sheltered entrance.__The
entrance must face south or the direction away from which most
wind-driven precipitation comes.__The shelter must have a solid
floor at least 3 inches above the ground level, with clean
bedding material sufficient to retain the animal's normal body
heat.

 
When an animal is confined by a chain or similar device, the
chain must be attached to both the animal and the anchor by a
swivel or similar device to prevent the chain from becoming
entangled or twisted.__The chain or similar device must be
attached to a well-fitting collar or harness that in no way cuts
into the animal's flesh or impinges on the animal's circulation
or ability to ingest food or water or to vocalize.__The gauge of

 
the chain must be appropriate for the size of the animal
involved, and the chain must be at least 5 times the length of
the animal from the tip of its nose to the base of its tail,
except in the case of a dog that is bred and trained as a sled
dog or a dog that is tethered at a pivot point permitting a 360-
degree area of movement.

 
For a dog that is bred and trained as a sled dog, the length of
the chain must be at least 1 1/2 times the length of the dog from
the tip of its nose to the base of its tail if the dog is tied on
a pivot and 3 times the length of the dog from the tip of its
nose to the base of its tail if the dog is tied to a stationary
point.__For a dog that is tethered at a pivot point permitting a
360-degree area of movement, the chain must be at least 2 1/2
times the length of the dog from the tip of its nose to the base
of its tail.

 
Sec. 27. 7 MRSA 4017, as amended by PL 1997, c. 690, 46, is
repealed and the following enacted in its place:

 
4017.__Rules

 
1.__Rules.__The commissioner shall adopt rules to implement
this chapter.__Rules adopted pursuant to this section are major
substantive rules as defined in Title 5, chapter 375, subchapter
II-A.

 
2.__Provisional rules.__The commissioner, in consultation with
the Animal Welfare Advisory Committee, shall provisionally adopt
rules in accordance with Title 5, chapter 375 to implement this
chapter.__Rules adopted pursuant to this section are major
substantive rules as defined in Title 5, chapter 375, subchapter
II-A and must be submitted to the Legislature no later than
January 1, 2002 for review.__This subsection is repealed January
1, 2002.

 
Sec. 28. 7 MRSA 4018 is enacted to read:

 
4018.__Report of suspected cruelty

 
1.__Duty to report.__When, while acting in a professional
capacity, a veterinarian knows or has reasonable cause to suspect
that an animal is the subject of cruelty or neglect in violation
of this chapter or Title 17, chapter 42, the veterinarian shall
immediately report such knowledge or suspicion to a humane agent,
animal control officer or law enforcement officer.

 
2.__Immunity.__A veterinarian reporting under this section is
immune from any liability that might otherwise result from these
actions.

 
3.__Violation.__A person who violates this section commits a
civil violation for which a forfeiture not to exceed $100 may be
adjudged.

 
Sec. 29. 17 MRSA 1011, sub-8-A, as amended by PL 1997, c. 690, 56,
is further amended to read:

 
8-A. Breeding kennel. "Breeding kennel" means a facility
operated for the purpose of breeding or buying, selling or in any
way exchanging dogs or cats for value that exchanges more than 16
6 dogs or 16 6 cats in a 12-month period.

 
Sec. 30. 17 MRSA 1023, sub-1, as amended by PL 1997, c. 690, 66, is
further amended to read:

 
1. Investigation; report. Sheriffs, deputy sheriffs, police
officers, constables, animal control officers and humane agents
shall investigate cases of cruelty to animals coming to their
attention and report them to the Department of Agriculture, Food
and Rural Resources on department-approved forms. The forms must
include space for a written description of the animal's
condition.__A copy of the completed form must be given to the
owner or keeper of the animal.__The person investigating the case
must retain a copy of the form for office records. Upon
completion of an investigation, the department shall, if
requested, report the result of the investigation to the person
complaining of alleged cruelty.

 
Sec. 31. 17 MRSA 1023, sub-3 to 7 are enacted to read:

 
3.__Equipment.__To assist in the investigation of complaints
of animal cruelty, the commissioner shall provide each animal
control officer and humane agent with a camera and a measuring
tape known as "an equine tape" and used to evaluate an equine's
condition.

 
4.__Initial visit by humane agent or state veterinarian.__When
a report is received by the department pursuant to subsection 1,
a humane agent or state veterinarian shall visit the site of the
alleged cruelty.__If the humane agent or veterinarian determines
the animal is not receiving proper care, the humane agent or
veterinarian shall provide instructions for appropriate care and
prescribe any specific actions needed to be taken to be in
compliance with the animal welfare laws.__The instructions must
be written on a dated form.__The form must provide notice of a
subsequent visit by a humane agent or veterinarian.__The owner or
keeper shall sign the form as acknowledgement of the visit.__The
humane agent or veterinarian shall retain the original signed
form and leave a copy with the owner or keeper.

 
The owner or keeper of the animal that is the subject of
investigation may not slaughter, euthanize, give away, sell or
otherwise dispose of the animal until the investigation is
complete or unless authorized by the humane agent or state
veterinarian.

 
5.__Second and subsequent visits.__When the humane agent or
state veterinarian determines on an initial visit pursuant to
subsection 4 that an animal is not receiving proper care, a
humane agent or veterinarian shall visit the site again within 10
days of the initial visit.__If at the time of the 2nd visit a
humane agent or veterinarian determines that the owner or keeper
has not followed instructions for appropriate care and is not in
compliance with the provisions of this chapter, the humane agent
or veterinarian shall advise the owner of a 3rd visit to be made
within 10 days.

 
6.__Seizure of an animal.__When a humane agent or state
veterinarian makes a 3rd visit in accordance with this section
and determines that an animal is not receiving the care
prescribed in previous visits by the humane agent or
veterinarian, the veterinarian or humane agent shall seize the
animal as provided in section 1021, subsection 5-A.__
Notwithstanding this section, a state veterinarian, humane agent,
animal control officer or law enforcement officer may seize an
animal in accordance with section 1021 at any time.

 
7.__Records kept.__The commissioner shall develop a system for
recording and compiling information received pursuant to
subsections 1, 4 and 5.__The records must be kept in a manner
that facilitates entering information on the process used to
resolve the case and the final disposition of the case.

 
Sec. 32. 17 MRSA 1031, sub-1, E, as amended by PL 1997, c. 456, 14,
is further amended to read:

 
E. Deprives an animal that the person owns or, possesses or
has under that person's care and control of necessary
sustenance, necessary medical attention, proper shelter,
protection from the weather or humanely clean conditions;

 
Sec. 33. 17 MRSA 1031, sub-1, G, as amended by PL 1999, c. 765, 11,
is further amended to read:

 
G. Hunts or sells for the purpose of hunting any animal,
except as permitted pursuant to Title 7, chapter 202-A and
Title 12, Part 10; or

 
Sec. 34. 17 MRSA 1031, sub-1, H, as enacted by PL 1999, c. 254,
21, is amended to read:

 
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.;

 
Sec. 35. 17 MRSA 1031, sub-1, I and J are enacted to read:

 
I.__Inserts, applies or fastens to any part of the body any
substance, device, product or object used to curtail a
bodily function or to cause pain or irritation to the animal
or agitation to the animal to cause a fight or flight
response, including, but not limited to, spikes attached to
the legs of an equine or electric prods used on the genitals
of pulling animals in training or show; or

 
J.__Except for livestock traditionally pastured, keeps or
leaves an animal at a location that is not occupied by a
person responsible for the animal's care and sustenance.

 
Sec. 36. 17 MRSA 1031, sub-3, as amended by PL 1999, c. 481, 1, is
further amended to read:

 
3. Penalty. Cruelty to animals is a Class D crime. If the
State pleads and proves that, at the time a violation of this
section was committed, the defendant had been convicted of 2 or
more violations of this section, section 1032 or essentially
similar crimes in other jurisdictions, the sentencing class for
the crime is one class higher than it would otherwise be. For
purposes of this subsection, the dates of the prior convictions
must precede the commission of the offense being enhanced by no
more than 10 years, although both prior convictions may have
occurred on the same date. The enhancement of the crime for
sentencing purposes required by this subsection does not apply if
the 2 prior offenses were committed within a 3-day period. The
date of a conviction is deemed to be the date that sentence is
imposed, even though an appeal was taken. The date an offense
was committed is presumed to be the date stated in the complaint,
information, indictment or other formal charging instrument,
notwithstanding the use of the words "on or about" or the
equivalent. In addition to any other penalty authorized by law,
the court shall impose a fine of not less than $250 for each
violation of this section. The court may order the defendant to
pay the costs of the care, housing and veterinary medical
treatment for the animal.

 
The court, as part of the sentence, may prohibit the defendant
from owning, possessing or having on the defendant's premises an
animal or animals as determined by the court for a period of
time, up to and including permanent relinquishment, as determined
by the court. A person placed on probation for a violation of
this section with a condition that prohibits owning, possessing
or having an animal or animals on the probationer's premises is
subject to revocation of probation and removal of the animal or

 
animals at the probationer's expense if this condition is
violated. The court as part of the sentence may order, as a
condition of probation, that the defendant be evaluated to
determine the need for psychiatric or psychological counseling,
and, if it is determined appropriate by the court, to receive
psychiatric or psychological counseling at the defendant's
expense.

 
Sec. 37. 17 MRSA 1035, sub-1, as enacted by PL 1987, c. 383, 4, is
amended to read:

 
1. Food. The food shall must be of sufficient quantity and
quality to maintain all animals in good health. For an equine,
hay must be sweet smelling, not moldy or wet or mulch hay.__Grain
must be dry and fresh, not wormy, damp or moldy or with rodent
infestation.

 
Sec. 38. 17 MRSA 1035, sub-2, as amended by PL 1999, c. 254, 22, is
further amended to read:

 
2. Water. If potable Potable water is not must be accessible
to the animal at all times, it must be provided daily and in
sufficient quantity for the health of the animal. Snow or ice is
not an adequate water source.

 
Sec. 39. 17 MRSA 1037, sub-2, as amended by PL 1987, c. 456, 18, is
further amended to read:

 
2. Outdoor standards. Minimum outdoor standards of shelter
shall be are as follows.

 
A. When sunlight is likely to cause heat exhaustion of an
animal is tied or, caged or confined outside, sufficient
shade by natural or artificial means shall must be provided
to protect the animal from direct sunlight. As used in this
paragraph, "caged" "confined" does not include farm fencing
used to confine farm animals, except that "confined" does
include fencing used to confine equines.

 
B. Except as provided in subsection subsections 5, 6 and 7,
shelter from inclement weather must be as follows.

 
(1) An artificial shelter, with a minimum of 3 sides and a
waterproof roof, appropriate to the local climatic
conditions for the species concerned must be provided
as necessary for the health of the animal.

 
(2) If a dog is tied or confined unattended outdoors under
weather conditions that adversely affect the health of
the dog, a shelter of suitable size with a


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