Sec. 8. 7 MRSA §3935, as amended by PL 1993, c. 657, §35, is further amended to read:

§3935. License prohibited

The department may not issue a license to maintain a boarding kennel, breeding kennel or pet shop to a person who, within the 5 years previous to the application for the license, has been convicted of a criminal violation under Title 17, chapter 42, or under a criminal law involving cruelty to animals that is no longer in effect, or within 2 years previous to the application for the license, has been adjudicated of a civil violation for cruelty to animals under chapter 739.

Sec. 9. 7 MRSA §3935-A is enacted to read:

§3935-A.__Late fees

A person maintaining a facility required to be licensed under this chapter shall pay a late fee equal to 50% of the required license fee if that person fails to renew a license within 30 days of that license's expiration date.__The late fee must be deposited in the Animal Welfare Fund established in section 3906- B.

Sec. 10. 17 MRSA §1031, sub-§1, ¶D-2 is enacted to read:

D-2.__Abandons an animal in violation of paragraph D and that animal dies as a result.__Violation of this paragraph is a Class C crime;

Sec. 11. 17 MRSA §1038 is enacted to read:

§1038.__Animals abandoned at animal care facilities

Abandoning an animal at a veterinarian's office, boarding kennel, animal grooming facility or animal day-care facility is a Class D crime.

1. Determination of abandonment. There is a rebuttable presumption of abandonment if an owner:

A. Places an animal in the custody of a licensed veterinarian for treatment, boarding or other care, or in a boarding kennel, animal grooming facility or animal day-care facility for services offered by that facility; and