A. A dog reaches the age of 6 months or more; or

B. A person becomes the owner or keeper of a dog aged 6 months or more.

Sec. 6. 7 MRSA §3923-C, sub-§1, as amended by PL 1997, c. 690, §17, is further amended to read:

1. License necessary. A person having a pack or collection of dogs for the purposes set forth in section 3907, subsection 17 shall obtain a kennel license from the clerk of the municipality where the dogs are kept and that person is subject to rules adopted by the department. The sex, registered number and description are not required of dogs covered by a kennel license. The license expires December 31st annually. The kennel license permits the licensee or authorized agent to transport under control and supervision the kennel dogs in or outside the State.

Sec. 7. 7 MRSA §3923-C, sub-§2-A, as amended by PL 1997, c. 690, §18, is further amended to read:

2-A. License fees. A kennel owner shall pay a fee of $21 to the municipal clerk for each kennel license to keep dogs. A license is needed only for dogs 6 months of age or older. A kennel owner may not keep more than 10 dogs per license. The clerk shall retain $1 as a recording fee and forward $5 to the municipality's animal welfare account established pursuant to section 3945 and $15 to the Animal Welfare Fund.

Sec. 8. 7 MRSA §3931-A, sub-§1, as amended by PL 1995, c. 490, §10, is further amended to read:

1. License necessary. A person maintaining a breeding kennel, as defined in section 3907, must obtain a license from the department and is subject to rules adopted by the department. The license expires 12 months after the date of issuance. The commissioner must inspect a breeding kennel prior to the issuance of an initial license and, thereafter, a minimum of once annually prior to the renewal of a license.

Sec. 9. 7 MRSA §3932, sub-§1, as amended by PL 1993, c. 657, §31, is further amended to read:

1. License necessary. A person maintaining a boarding kennel, as defined in section 3907, shall obtain a license from the department and is subject to rules adopted by the

department. The license expires December 31st annually or in a manner consistent with the license provisions of the Maine Administrative Procedure Act, whichever is later. The commissioner must inspect a boarding kennel prior to the issuance of an initial license and, thereafter, a minimum of once annually prior to the renewal of a license.

Sec. 10. 7 MRSA §3932-A, sub-§1, as enacted by PL 1993, c. 657, §33, is amended to read:

1. License necessary. A person operating an animal shelter as defined in section 3907 shall obtain a license from the department and is subject to rules adopted by the department. The license expires December 31st annually or in a manner consistent with the license provisions of the Maine Administrative Procedure Act, whichever is later. The commissioner must inspect an animal shelter prior to the issuance of an initial license and, thereafter, a minimum of once annually prior to the renewal of a license.

Sec. 11. 7 MRSA §3933, sub-§1, as amended by PL 1993, c. 657, §34, is further amended to read:

1. License necessary. A person maintaining a pet shop, as defined in section 3907, shall obtain a license from the department and is subject to rules adopted by the department. The license expires December 31st annually or in a manner consistent with the license provisions of the Maine Administrative Procedure Act, whichever is later. The commissioner must inspect a pet shop prior to the issuance of an initial license and, thereafter, a minimum of once annually prior to the renewal of a license.

Sec. 12. 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, animal shelter 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. 13. 17 MRSA §1011, sub-§22-B is enacted to read:

22-B.__Pet.__"Pet" means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock.

Sec. 14. 17 MRSA §1023, sub-§1, as amended by PL 1997, c. 690, §66, is further amended to read:

1. Investigation. Sheriffs, deputy sheriffs, police law enforcement officers, constables, animal control officers, district attorneys and humane agents shall investigate cases of cruelty to animals coming to their attention and report them the outcome of investigations to the Department of Agriculture, Food and Rural Resources on department-approved forms annually. The report must contain the disposition of the animals and resulting penalties. Upon completion of an investigation, the investigating department shall, if requested, may report the result of the investigation to the person complaining of alleged cruelty.

SUMMARY

This bill proposes technical changes to enhance the ability of the Department of Agriculture, Food and Rural Resources to enforce the animal welfare laws. The definition of a boarding kennel is revised to enhance enforcement by removing the numeric requirement for animals. An obsolete reference to the "board" is removed from the definition of humane agent. The definition of kennel is amended by removing the training component. Subpoena authority is granted to the department to strengthen the enforcement capabilities of the department. The bill changes the date requiring mandatory licensing of dogs that reach 6 months of age to allow a municipality to include all licensing activity on its October monthly report. The bill removes language that exempted certain vital information about individual dogs for a kennel license. The bill clarifies that all licensed facilities must be inspected prior to issuance of their initial license and thereafter a minimum of once annually prior to license renewal. The bill provides that a facility license may not be issued to an individual convicted of a criminal violation. The many different enforcement agencies carrying out investigations are required under this bill to report to the department the outcome of the investigations, the disposition of the animals and resulting penalties. The bill also clarifies that law enforcement officers and district attorneys are required to investigate and report on cruelty cases. The bill also adds a definition of pet to the animal welfare laws under the Maine Revised Statutes, Title 17, chapter 42.