C. No An animal not may be confined in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health.

Sec. 40. 17 MRSA §1037, sub-§3, ¶B, as enacted by PL 1987, c. 383, §4, is amended to read:

B. Enclosures shall must be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns or feces and urine on the animal's fur, feathers, coat or hide.

Sec. 41. 17 MRSA §1037, sub-§§5-A and 5-B are enacted to read:

5-A.__Equines.__A equine must be provided with a shelter constructed of wood, metal or other solid material with a minimum of 3 sides and a waterproof roof.__For purposes of this subsection, a tarp is not acceptable as a waterproof roof.__ Shelter must be available at all times and be sufficient in size to accommodate all equines on the site.__The shelter must be located on a well-drained site.__The floor must be dry or enough bedding must be provided to ensure dry conditions suitable for the animal to lie down.

5-B.__Dogs; shelter and tethering.__A person owning or keeping a dog who shelters the dog out of doors shall provide the dog with a shelter consisting of a 4-sided structure and roof made of waterproof and windproof material with an insulation resistance factor of at least .9.__The shelter must have a portal of entry of sufficient size to allow the dog unimpeded passage.__The portal must include a baffle, or the passage of entrance must be constructed in a manner to provide a sheltered entrance.__The entrance must face south or the direction away from which most wind-driven precipitation comes.__The shelter must have a solid floor at least 3 inches above the ground level, with clean bedding material sufficient to retain the animal's normal body heat.

When an animal is confined by a chain or similar device, the chain must be attached to both the animal and the anchor by a

swivel or similar device to prevent the chain from becoming entangled or twisted.__The chain or similar device must be attached to a well-fitting collar or harness that in no way cuts into the animal's flesh or impinges on the animal's circulation or ability to ingest food or water or to vocalize.__The gauge of the chain must be appropriate for the size of the animal involved, and the chain must be at least 5 times the length of the animal from the tip of its nose to the base of its tail, except in the case of a dog that is bred and trained as a sled dog or a dog that is tethered at a pivot point permitting a 360-degree area of movement.

For a dog that is bred and trained as a sled dog, the length of the chain must be at least__1 1/2 times the length of the dog from the tip of its nose to the base of its tail if the dog is tied on a pivot and 3 times the length of the dog from the tip of its nose to the base of its tail if the dog is tied to a stationary point.__For a dog that is tethered at a pivot point permitting a 360-degree area of movement, the chain must be at least 2 1/2 times the length of the dog from the tip of its nose to the base of its tail.

Sec. 42. Application. That section of this Act that repeals and replaces Title 7, section 3906-C, subsection 1, changing the composition of the Animal Welfare Advisory Committee, must be fully implemented no later than December 31, 2001.

Sec. 43. Commissioner of Agriculture, Food and Rural Resources to work to strengthen rules and interagency cooperation regarding animal welfare and to develop plan for adequate funding of animal welfare program.

1. The Commissioner of Agriculture, Food and Rural Resources shall work with the Animal Welfare Advisory Committee in developing rules authorized under the Maine Revised Statutes, Title 7, section 4017-A. These rules may not be less stringent than Chapter 701: Rules Governing Animal Welfare adopted pursuant to the Maine Revised Statutes, Title 7, section 3906-B, subsection 10 and effective on March 18, 1999 and must address with adequate specificity for enforcement purposes:

A. The materials and type of shelter required for maintaining health and comfort of animals by species of animal; and

B. The amount and quality of food required for adequate nourishment of different species of animals.

2. The Commissioner of Agriculture, Food and Rural

Resources, in consultation with the Commissioner of Human Services and the Commissioner of Public Safety, shall develop a strategy for sharing information among the departments and with other states regarding persons convicted of criminal cruelty to animals. The commissioner shall invite the participation of the Attorney General in developing the strategy.

3. The Commissioner of Agriculture, Food and Rural Resources, in consultation with the Animal Welfare Advisory Committee, shall review the provisions of the Maine Revised Statutes, Title 7, section 4011, subsection 1-A and Title 17, section 1031, subsection 1-A. The commissioner and committee shall assess methods used by shelters, law enforcement officers and others to dispose of animals and develop guidelines for the humane disposal of animals.

4. The Commissioner of Agriculture, Food and Rural Resources shall convene a working group to study options for increased funding for animal welfare programs, including the deposit of tax revenue for the sale of pet products into the Animal Welfare Fund and other methods for augmenting revenue from sources other than dog license fees.

5. The commissioner shall make recommendations regarding revisions to the animal welfare laws and funding of the animal welfare program to the Joint Standing Committee on Agriculture, Conservation and Forestry no later than January 15, 2002. The Joint Standing Committee on Agriculture, Conservation and Forestry shall report out legislation to the Second Regular Session of the 120th Legislature regarding funding of animal welfare programs.

Sec. 44. Initial terms. Notwithstanding the Maine Revised Statutes, Title 7, section 3906-C, subsection 1, of the 9 members initially appointed to the Animal Welfare Committee after the effective date of this Act, pursuant to Title 7, section 3906-C, subsection 1, 3 members serve for one year, 3 members serve for 2 years and 3 members serve for 3 years.

SUMMARY

This bill changes the composition of the Animal Welfare Advisory Committee. It requires nonlegislative appointments to be reviewed by the joint standing committee of the Legislature having jurisdiction over animal welfare and to be confirmed by the Senate. It requires the Commissioner of Agriculture, Food and Rural Resources to provisionally adopt rules to implement the cruelty to animals laws and requires the rules to be reviewed by the Legislature as major substantive rules prior to final adoption. It requires the Commissioner of Agriculture, Food and

Rural Resources to develop a mechanism to share information on persons convicted of animal cruelty with the Department of Human Services and the Department of Public Safety. It requires the Commissioner of Agriculture, Food and Rural Resources to study and make recommendations for increasing funding for animal welfare programs and authorizes the Joint Standing Committee on Agriculture, Conservation and Forestry to report out legislation to the Second Regular Session of the 120th Legislature.