CHAPTER 399
H.P. 1260 - L.D. 1695
An Act to Clarify, Enhance and Strengthen the Animal Welfare Laws of Maine
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, an active Animal Welfare Advisory Council is vital to the functioning of the animal welfare laws and rules; and
Whereas, the Commissioner of Agriculture, Food and Rural Resources is seeking the assistance of the council in making revisions to the animal welfare laws and rules; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, sub-§2-C, as enacted by PL 1991, c. 779, §2, is amended to read:
Sec. 2. 7 MRSA §3906-B, sub-§15, as enacted by PL 1995, c. 502, Pt. C, §12, is amended to read:
15. Annual report. The commissioner shall report the activities of the commissioner annually by March 1st to the joint standing committee of the Legislature having jurisdiction over agricultural matters. This report must include a summary of cases of cruelty to animals investigated by the commissioner, a summary of final dispositions of those cases and an account of deposits into and payments from the spaying and neutering fund.
Sec. 3. 7 MRSA §3906-C, as amended by PL 1995, c. 502, Pt. C, §13, is repealed and the following enacted in its place:
§3906-C. Animal Welfare Advisory Council
The Animal Welfare Advisory Council, as established by Title 5, section 12004-I, subsection 2-C and referred to in this section as the "council," shall advise the commissioner on matters pertaining to animal welfare.
1. Membership. The council consists of 11 members appointed by the Governor as follows:
A. One member representing municipal interests;
B. One animal control officer;
C. One member representing licensed animal shelters;
D. One member representing licensed boarding or breeding kennels;
E. One member representing licensed pet shops;
G. One member who is or has been a veterinarian licensed to practice in the State;
H. One member who represents the interests of the public in animal welfare, generally;
I. One attorney with experience in animal welfare law;
J. One cooperative extension agent or specialist;
K. One member with expertise in equine care; and
L. One member with expertise in livestock representing a statewide farming organization.
In making the appointment of the veterinarian member, the Governor shall consider nominations made by the Maine Veterinary Medical Association.
2. State member; staff. The commissioner or the commissioner's designee serves as an ex officio nonvoting member. The department shall provide necessary staffing services to the council.
3. Compensation. Members of the council are entitled to travel and meal expenses only.
4. Terms of office. Except for initial appointees and the commissioner or the commissioner's designee, each member serves for a term of 3 years or until the member's successor has qualified. Except for the commissioner or the commissioner's designee, a member may not serve more than 2 consecutive terms. In the case of a vacancy for any reason, the Governor shall appoint a member representing the same interest to fill the unexpired term.
5. Initial terms of office. Initially, 4 appointed members serve for one year, 4 members serve for 2 years and 3 members serve for 3 years.
6. Administration; meetings. The council 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 council shall hold regular public meetings every other month but may waive by majority vote a succeeding meeting. The chair shall call special meetings of the council whenever requested in writing by 2 or more members. The council shall send notice and minutes of the meetings to the joint standing committee of the Legislature having jurisdiction over animal welfare matters.
7. Duties. The council shall perform the following duties:
A. Review and advise the commissioner on proposed revisions to the animal welfare laws and rules;
B. Assist the commissioner in the continuing implementation and evaluation of the animal welfare laws and rules;
C. Review training programs for humane agents and animal control officers and make recommendations for training appropriate to the duties of the humane agents and animal control officers;
D. Research options for increasing revenue to the Animal Welfare Fund to ensure funding for the implementation and enforcement of the animal welfare laws and rules, periodically evaluate the adequacy of funding for those laws and rules and make recommendations to the commissioner; and
E. Advise the commissioner on other matters related to the animal welfare laws and rules.
Sec. 4. 7 MRSA §3907, sub-§12-D, as enacted by PL 1999, c. 350, §1, is amended to read:
12-D. Dangerous dog. "Dangerous dog" means a dog that bites an individual who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily harm injury by attacking assaulting or threatening to attack assault that individual or individual's domestic animal. "Dangerous dog" does not include a dog certified by the State and used for law enforcement use.
For the purposes of this definition, "dog owner's or keeper's premises" means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog.
Sec. 5. 7 MRSA §3952, sub-§1, as amended by PL 1999, c. 350, §2, is further amended to read:
1. Procedure. Any person who is assaulted or threatened with imminent bodily injury by a dog or any person witnessing an assault or threatened assault against a person or domesticated animal or a person with knowledge of an assault or threatened assault against a minor, within 30 days of the assault or threatened assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous dog.
Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may issue a civil violation summons for keeping a dangerous dog.
If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 3907, subsection 12-D, the court may impose a civil forfeiture and shall:
A. Order the dog muzzled, restrained, confined to the premises of its owner or keeper or confined in a secure enclosure. The court may set standards for that enclosure; or
B. Order the dog to be euthanatized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault.
The court may order restitution in accordance with Title 17-A, chapter 54 for any damages inflicted upon a person or a person's property.
Sec. 6. 25 MRSA §1544, 2nd ¶, as amended by PL 1997, c. 47, §1, is further amended to read:
The bureau shall establish a category for abuse by adults of family or household members, a category for cruelty to animals and a category for crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation or ethnicity that are supplementary to its other reported information. The bureau shall prescribe the information to be submitted in the same manner as for all other categories of the uniform crime reports.
Sec. 7. Application. That section of this Act that repeals and replaces the Maine Revised Statutes, Title 7, section 3906-C, subsection 1, changing the composition of the Animal Welfare Advisory Committee, must be fully implemented no later than September 1, 2001.
Sec. 8. Report by Commissioner of Agriculture, Food and Rural Resources to Joint Standing Committee on Agriculture, Conservation and Forestry. Before January 1, 2002, the Commissioner of Agriculture, Food and Rural Resources, in consultation with the Animal Welfare Advisory Council, shall submit recommendations regarding funding and implementation of the Department of Agriculture, Food and Rural Resources' responsibilities regarding animal welfare laws and rules and legislation necessary to implement the recommendations to the Joint Standing Committee on Agriculture, Conservation and Forestry. The Joint Standing Committee on Agriculture, Conservation and Forestry may report out legislation during the Second Regular Session of the 120th Legislature to make revisions to the animal welfare laws.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 13, 2001.
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