CHAPTER 281
H.P. 129 - L.D. 178
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §714, sub-§4 is enacted to read:
4. Surcharge on registration of pet food. For each brand of pet food registered in accordance with subsection 1, the applicant shall pay a $20 surcharge in addition to the registration fee. The commissioner shall deposit the surcharge into the Animal Welfare Fund established under section 3906-B, subsection 2.
Sec. 2. 7 MRSA §1820-A, sub-§4 is enacted to read:
4. Surcharge. A person submitting a sample to the department for an official test for equine infectious anemia shall pay a surcharge of $4 for each sample tested by the department. The commissioner shall collect the surcharge and deposit all money received under this subsection into the animal welfare auxiliary fund established under section 3906-B, subsection 16. All revenue collected pursuant to this subsection must be used for investigating alleged cases of mistreatment or abuse of equines and enhancing enforcement of this Part and Title 17, chapter 42 as these laws pertain to equines.
Sec. 3. 7 MRSA §3906-B, sub-§2, as amended by PL 2001, c. 422, §3, is further amended to read:
2. Animal Welfare Fund. The commissioner shall deposit all license fees received pursuant to chapters 721, 723, 725 and 735 in a separate account established by the Treasurer of State and known as the Animal Welfare Fund. The commissioner shall deposit 1/2 of feed registration fees collected under section 714, subsection 1 and all revenue from the surcharge collected under section 714, subsection 4 in the Animal Welfare Fund. This account does not lapse, but continues from year to year. The commissioner shall pay from the Animal Welfare Fund the expense of furnishing license blanks, stickers and tags, travel expenses and salaries for necessary personnel, payments to animal shelters and expenses incurred in the administration of this Part.
The commissioner shall annually transfer $100,000 from the Animal Welfare Fund for deposit in the Companion Animal Sterilization Fund established under section 3910-B.
Sec. 4. 7 MRSA §3906-B, sub-§16, as enacted by PL 2003, c. 405, §3, is amended to read:
16. Animal welfare auxiliary fund. The commissioner may accept gifts, donations, bequests, endowments, grants and matching funds from any private or public source for the purposes of ensuring the humane and proper treatment of animals and enhancing the administration and enforcement of this Part and Title 17, chapter 42. The commissioner shall deposit all funds accepted for these purposes into a separate, nonlapsing account known as the animal welfare auxiliary fund. All gifts, donations, bequests, endowments, grants and matching funds received must be used for the benefit of and accomplishment of the objectives in this Part and Title 17, chapter 42 and any gift, donation, bequest, endowment, grant or matching funds accepted with a stipulated purpose may be used only for that purpose.
All money deposited in the animal welfare auxiliary fund in accordance with section 1820-A, subsection 4 must be used for investigating alleged cases of mistreatment or abuse of equines and enhancing enforcement of this Part and Title 17, chapter 42 as these laws pertain to equines.
Sec. 5. 7 MRSA §3910-B, sub-§1, as enacted by PL 2003, c. 682, §4, is amended to read:
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, all revenue from the surcharges collected under section 3931-A, subsection 4 and section 3933, subsection 4, money transferred from the Animal Welfare Fund in accordance with section 3906-B, subsection 2 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.
Sec. 6. 7 MRSA §3931-A, sub-§4 is enacted to read:
4. Surcharge on sale of dogs and cats that have not been neutered. A person maintaining a breeding kennel shall collect a surcharge of $25 on each cat or dog sold that has not been neutered and forward the entire surcharge to the department for deposit in the Companion Animal Sterilization Fund established under section 3910-B.
Sec. 7. 7 MRSA §3933, sub-§4 is enacted to read:
4. Surcharge on sale of dogs and cats that have not been neutered. A person maintaining a pet shop shall collect a surcharge of $25 on each cat or dog sold that has not been neutered and forward the entire surcharge to the department for deposit in the Companion Animal Sterilization Fund established under section 3910-B.
Sec. 8. 17 MRSA §1031, sub-§1-B, as amended by PL 2003, c. 452, Pt. I, §15 and affected by Pt. X, §2, is further amended to read:
1-B. Aggravated cruelty to animals. A person is guilty of aggravated cruelty to animals if that person, in a manner manifesting a depraved indifference to animal life or suffering, intentionally, knowingly or recklessly:
A. Causes extreme physical pain to an animal;
B. Causes the death of an animal; or
C. Physically tortures an animal.
Violation of this subsection is a Class C crime. Notwithstanding Title 17-A, section 1301, the court shall impose a fine of not less than $1,000 and not more than $10,000 for a first or subsequent violation of this subsection. The sentencing provisions in subsection 3-B also apply to a person convicted of aggravated cruelty to animals.
Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF
Animal Welfare Fund 0946
Initiative: Allocates additional funds for the Animal Welfare Fund.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $72,750 $97,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $72,750 $97,000
Animal Welfare Fund 0946
Initiative: Deallocates funds from the Animal Welfare Fund to reflect an annual transfer to the Companion Animal Sterilization Fund.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other ($100,000) ($100,000)
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL ($100,000) ($100,000)
Animal Welfare Fund 0946
Initiative: Allocates additional funds for the animal welfare auxiliary fund.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $16,500 $22,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $16,500 $22,000
Animal Welfare Fund 0946
Initiative: Allocates additional funds for the Companion Animal Sterilization Fund.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $25,500 $34,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $25,500 $34,000
Animal Welfare Fund 0946
Initiative: Allocates funds to reflect an annual transfer to the Companion Animal Sterilization Fund from the Animal Welfare Fund.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $100,000 $100,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $100,000 $100,000
AGRICULTURE, FOOD AND RURAL
RESOURCES, DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07
OTHER SPECIAL REVENUE
FUNDS $114,750 $153,000
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $114,750 $153,000
Effective September 17, 2005.
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