CHAPTER 682
H.P. 1285 - L.D. 1763
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3906-B, sub-§13, as enacted by PL 1995, c. 502, Pt. C, §12, is repealed.
Sec. 2. 7 MRSA §3906-B, sub-§15, as amended by PL 2001, c. 399, §2, is further 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 and the joint standing committee of the Legislature having jurisdiction over taxation 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, with respect to companion animals, a report of the number of animal shelter intakes, the number of sterilizations and the number of euthanizations and an account of deposits into and payments from the spaying and neutering fund Companion Animal Sterilization Fund established in section 3910-B.
Sec. 3. 7 MRSA §3907, sub-§11-A is enacted to read:
11-A. Companion animal. "Companion animal" means a cat or dog.
Sec. 4. 7 MRSA §3910-B is enacted to read:
§3910-B. Companion Animal Sterilization Fund
1. Establishment. There is established the Companion Animal Sterilization Fund, an interest-bearing account, referred to in this section as "the fund." The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5284-A, revenues generated in accordance with this section and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the spaying or neutering of companion animals owned by persons meeting income limit standards and for the necessary administrative and personnel costs associated with the management of the fund and may not be deposited in the General Fund or any other fund except as specifically provided by law.
2. Subsidies; development of standards. The commissioner shall develop procedures and eligibility standards for the awarding of subsidies to low-income persons for the spaying or neutering of those persons' companion animals. Procedures and eligibility standards must be developed in consultation with veterinarians and representatives of humane societies and animal shelters.
3. Fund-raising. The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing and distribution and other disposal of any art or other products for the purpose of generating revenues for the fund. All money generated from the sale of these items must be deposited into the fund.
Sec. 5. 36 MRSA §5284-A is enacted to read:
§5284-A. Companion animal sterilization voluntary checkoff
1. Companion Animal Sterilization Fund. Taxpayers who, when filing their return, are entitled to a refund under this Part may designate that a part of that refund be paid into the Companion Animal Sterilization Fund established in Title 7, section 3910-B. A taxpayer who is not entitled to a refund under this Part may contribute to the Companion Animal Sterilization Fund by including with the taxpayer's return sufficient funds to make the contribution. Each individual income tax return form must contain a designation in substantially the following form: "Contribution to Companion Animal Sterilization Fund: ( ) $5, ( ) $10, ( ) $25 or ( ) Other $... ."
2. Contributions credited to Companion Animal Sterilization Fund. The State Tax Assessor shall determine annually the total amount contributed pursuant to subsection 1. Prior to the beginning of the next year, the assessor shall deduct the cost of administering the Companion Animal Sterilization Fund checkoff, but not exceeding $5,000 annually, and report the remainder to the Treasurer of State, who shall credit the amount to the Companion Animal Sterilization Fund, which is established in Title 7, section 3910-B.
3. Effective date. This section applies to tax years beginning on and after January 1, 2004.
Sec. 6. Administrative costs to be reimbursed. The Department of Administrative and Financial Services, Bureau of Revenue Services shall absorb within existing resources any administrative costs involved in the initial implementation of this Act. Notwithstanding the Maine Revised Statutes, Title 7, section 3910-B, subsection 1 or any other provision of law, the Commissioner of Agriculture, Food and Rural Resources must transfer from the Companion Animal Sterilization Fund established in Title 7, section 3910-B an amount determined by the State Tax Assessor to be the additional administrative costs associated with the implementation of this Act. The State Tax Assessor is authorized to deposit the funds received as reimbursement for costs incurred in an Other Special Revenue Funds account within the Bureau of Revenue Services to be used to support the operations of the bureau necessary for the implementation of this Act.
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
Maine Revenue Services 0002
Initiative: Allocates funds for the administrative costs associated with the Companion Animal Sterilization Fund voluntary checkoff in the event revenue is available for transfer in fiscal year 2004-05.
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $10,791
__________ __________
Other Special Revenue
Funds Total $0 $10,791
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $0 $10,791
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 $10,791
AGRICULTURE, FOOD AND RURAL
RESOURCES, DEPARTMENT OF
Animal Welfare 0946
Initiative: Allocates funds received from the Companion Animal Sterilization Fund voluntary checkoff to create one 1/2-time Planning and Research Assistant position and provide for necessary operating costs.
Other Special Revenue Funds 2003-04 2004-05
Positions - Legislative Count (0.000) (0.500)
Personal Services $0 $3,761
All Other 0 6,439
__________ __________
Other Special Revenue
Funds Total $0 $10,200
AGRICULTURE, FOOD AND RURAL
RESOURCES, DEPARTMENT OF
DEPARTMENT TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $0 $10,200
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 $10,200
SECTION TOTALS 2003-04 2004-05
OTHER SPECIAL REVENUE
FUNDS $0 $20,991
__________ __________
SECTION TOTAL -
ALL FUNDS $0 $20,991
Sec. 8. Transition. All funds in the spaying and neutering fund established by the Commissioner of Agriculture, Food and Rural Resources pursuant to the Maine Revised Statutes, Title 7, section 3906-B, subsection 13 must be transferred to the Companion Animal Sterilization Fund established in Title 7, section 3910-B, subsection 2 within 30 days following the effective date of this Act.
Effective July 30, 2004, unless otherwise indicated.
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