Amend the bill by striking out all of sections 1 and 2 and inserting the following:
‘Sec. 1. 7 MRSA §3922, sub-§4, as amended by PL 2007, c. 664, §11, is further amended to read:
Amend the bill in section 4 in §3950-C in the last line (page 1, line 32 in L.D.) by striking out the following: " immune from liability for performing any acts or duties under this chapter" and inserting the following: ' not civilly liable to any party for authorization made in accordance with section 3950-B nor is any person performing euthanasia under that authorization civilly liable'
Amend the bill by striking out all of section 5 and inserting the following:
‘Sec. 5. 7 MRSA §4011, sub-§1, ¶D, as amended by PL 1997, c. 456, §4, is further amended to read:
D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs , including but not limited to, a scheduled drug as defined in Title 17-A, section 1101, subsection 11, to an animal with an intent to harm or intoxicate the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal;’
Amend the bill by striking out all of section 7.
Amend the bill in section 8 in §4042 in subsection 2 in the 4th line (page 2, line 26 in L.D.) by striking out the following: " After" and inserting the following: ' If ownership of the stray livestock is not claimed by any person, after'
Amend the bill in section 8 in §4042 by inserting at the end a new paragraph to read:
‘
For purposes of this section, "livestock" does not include feral swine or domesticated cervids.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment retains the current law that provides that, if a service dog has not been previously registered or licensed by a municipal clerk, the clerk may not register the dog nor issue to its owner or keeper a license unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of "service dog." The amendment removes the requirement that the municipal clerk issue to the dog's owner or keeper a tag that identifies the dog as a service dog.
The amendment clarifies that a municipality, veterinarian, humane agent, animal control officer or animal shelter is not civilly liable to any party for authorization of euthanasia of severely sick or severely injured livestock if certain conditions are met nor is any person performing euthanasia under that authorization.
The amendment adds the intent to harm or intoxicate the animal to the bill's addition to the animal cruelty provisions of the violation of giving a scheduled drug to an animal.
The amendment strikes from the bill the provision that makes the violation of a court order involving a civil animal welfare matter a Class D crime.
The amendment clarifies under the provision establishing municipal procedures for the handling of stray livestock that "livestock" does not include feral swine or domesticated cervids.
The fiscal note on the bill identifies certain requirements in the bill, which are retained in the amendment, as a potential state mandate. In order to be a mandate pursuant to the Constitution of Maine, a provision must require a local unit of government to expand or modify its activities so as to necessitate additional expenditures from local revenue. The committee finds the provisions identified as a potential state mandate do not require a local unit government to expand or modify its activities in a manner so as to necessitate additional expenditures from local revenue.
Under current law, pursuant to the Maine Revised Statutes, Title 7, section 3948, subsection 3, municipalities are required to control domesticated animals that are a cause of complaint in the community. Additionally, municipalities are required to control animals that pose a threat to public health or safety. This section of law also provides that a municipality may control undomesticated animals in matters no other department is charged by law to regulate.
The bill repeals and amends certain provisions under Title 33, chapter 21 relating to lost goods and stray beasts. The bill repeals the requirement that the finder of a stray beast, potentially a municipality, keep a stray beast for up to 6 months. The bill requires a municipality to follow certain procedures related to stray livestock, but a municipality is only required to retain custody for 10 days. The committee feels that this could potentially result in a savings for a municipality faced with this scenario.