CHAPTER 617
H.P. 1638 - L.D. 2141
An Act to Amend the Animal Welfare Laws and Increase Funding for Animal Welfare
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §116, first ¶, as amended by PL 1999, c. 357, §1, is further amended to read:
All revenue received by the Supreme Judicial or Superior Court, whether directly or pursuant to an agreement entered into with the Department of Administrative and Financial Services, Bureau of Taxation, from fines, forfeitures, penalties, fees and costs accrues to the State, except as otherwise provided under sections 1057 and 1057-A,; Title 7, section 3910-A; Title 12, sections 3055 and 4508,; Title 17, section 1015; Title 23, section 1653; and Title 29-A, section 2602.
Sec. 2. 4 MRSA §163, sub-§1, as amended by PL 1999, c. 357, §2, is further amended to read:
1. District Court funds. Except as otherwise provided by law, all fines, forfeitures, surcharges, assessments and fees collected in any division of the District Court or by the violations bureau must be paid to the clerk of that District Court, who shall deposit them in a special account in a timely manner. Once each month, the clerk shall remit the sums to the Treasurer of State, who shall credit them to the General Fund. At the same time, the clerk shall remit the sums that have been collected in accordance with sections 1057 and 1057-A; Title 5, chapter 316-A; Title 7, section 3910-A; Title 17, section 1015; and Title 29-A, section 2411, subsection 7. Funds received by the clerk as bail in criminal cases must be deposited daily in a special account. The clerk shall deposit the funds in an interest-bearing account unless the clerk determines that it is not cost effective to do so. Interest accrued in the account is the property of and accrues to the State. The forfeiture and setoff of bail is governed as otherwise provided by law.
The court shall file a monthly report with the State Auditor itemizing the amount of fines, surcharges and assessments imposed and to whom each is payable.
Sec. 3. 4 MRSA §1057-A, sub-§2, as enacted by PL 1999, c. 357, §3, is amended to read:
2. Surcharge imposed. In addition to the 12% surcharge collected pursuant to section 1057, the $10 surcharge collected pursuant to Title 7, section 3910-A and the 10% surcharge collected pursuant to Title 17, section 1015, a 2% surcharge must be added to every fine, forfeiture or penalty imposed by any court in this State, which for the purposes of collection and collection procedures is considered a part of the fine, forfeiture or penalty. All funds collected pursuant to this section must be deposited monthly in the Maine Community Policing Institute Surcharge Fund. All funds collected pursuant to this section must be paid to the University of Maine System for the sole purpose of funding the Maine Community Policing Institute, except that the Judicial Department may incur reasonable expenses to implement the administration of the 2% surcharge, in an amount not to exceed $11,000 annually, in fiscal years ending June 30, 2000 and June 30, 2002.
Sec. 4. 7 MRSA §3902, as enacted by PL 1987, c. 383, §3, is amended to read:
§3902. Purposes; comprehensive program
The primary legislative purposes of this Act are to provide for the licensing of dogs and the humane and proper treatment of animals. To ensure the humane and proper treatment of animals, the commissioner shall develop, implement and administer a comprehensive program that upholds the animal welfare laws of the State through communication, education and enforcement.
Sec. 5. 7 MRSA §3910, as enacted by PL 1987, c. 383, §3, is repealed.
Sec. 6. 7 MRSA §3910-A is enacted to read:
§3910-A. Forfeitures and surcharge
1. Forfeitures. Unless otherwise provided, any court in this State shall collect fines or forfeitures imposed for violations of this Part and pay the fine or forfeiture into the treasury of the municipality where the offense or violation was committed. The municipal clerk shall deposit and expend fines and forfeitures received in accordance with section 3945.
2. Surcharge imposed. A surcharge of $10 must be added to every fine, forfeiture or penalty imposed by any court in this State for a violation of this Part or Title 17, chapter 42. The surcharge, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected as a result of this surcharge must be deposited monthly in the Animal Welfare Fund established under section 3906-B, subsection 2.
Sec. 7. 7 MRSA §3942, last ¶, as amended by PL 1991, c. 779, §34, is further amended to read:
The clerks shall retain $1 from each license fee received for dogs incapable of producing young and use these fees in accordance with section 3945 as a recording fee. The clerk shall deposit $2 from each license for a dog incapable of producing young in the municipality's animal welfare account established in accordance with section 3945.
Sec. 8. 7 MRSA §3945, as amended by PL 1995, c. 490, §14, is further amended to read:
§3945. Use of license fees and court fines retained by municipalities
All Except for the $1 recording fee pursuant to section 3942 retained by the municipal clerk, all fees and court fines retained by municipalities must be kept in a separate account and must be used for the salaries and costs of animal control, enforcement of licensing laws, care of stray animals that are injured or abandoned and the support of one or more approved animal shelters. Any money not expended for these purposes in a municipality's fiscal year does not lapse, but must be carried over to the next fiscal year.
Sec. 9. 7 MRSA §4011, sub-§1, ¶G, as amended by PL 2001, c. 425, §1, is further amended to read:
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 10;
Sec. 10. 17 MRSA §1015 is enacted to read:
A surcharge of 10% must be added to every fine or penalty imposed by any court in this State for a violation of this chapter. The surcharge, for the purposes of collection and collection procedures, is considered a part of the fine or penalty. All funds collected as a result of this surcharge must be deposited monthly in the Animal Welfare Fund established under Title 7, section 3906-B, subsection 2.
Sec. 11. 17 MRSA §1031, sub-§1, ¶G, as amended by PL 2001, c. 425, §5, is further amended to read:
G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 10;
Sec. 12. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, FOOD AND RURAL RESOURCES,
DEPARTMENT OF
Animal Welfare Fund
Initiative: Provides funds for 2 District Humane Agent positions.
Other Special Revenue Funds 2001-02 2002-03
Positions - Legislative Count (0.000) (2.000)
Personal Services $0 $107,560
All Other 0 3,753
Other Special Revenue Funds Total $0 $111,313
Animal Welfare Fund
Initiative: Provides funds for one Veterinarian position.
Other Special Revenue Funds 2001-02 2002-03
Positions - Legislative Count (0.000) (1.000)
Personal Services $0 $74,105
All Other 0 5,586
Other Special Revenue Funds Total $0 $79,691
Animal Welfare Fund
Initiative: Provides for the elimination of 4 of the 7 intermittent State Humane Agent positions, 3 positions of 494 hours each and one position of 456 hours.
Other Special Revenue Funds 2001-02 2002-03
Positions - FTE Count (0.000) (-0.932)
Personal Services $0 ($26,350)
All Other 0 (919)
Other Special Revenue Funds Total $0 ($27,269)
AGRICULTURE, FOOD AND RURAL RESOURCES,
DEPARTMENT OF
DEPARTMENT TOTALS 2001-02 2002-03
OTHER SPECIAL REVENUE
FUNDS $0 $163,734
DEPARTMENT TOTAL -
ALL FUNDS $0 $163,734
Effective July 25, 2002, unless otherwise indicated.
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