12-E.__Exotic animal.__"Exotic animal" means an animal of foreign nature or character, not native, introduced from abroad, but not fully naturalized or acclimatized.

Sec. 6. 7 MRSA §3907, sub-§15, as repealed and replaced by PL 1991, c. 779, §14, is amended to read:

15. Humane agent. "Humane agent" means an employee or an intermittent employee of the department or an intermittent employee of the board who assists in enforcing this Part enforces or assists in enforcement of animal welfare laws. A humane agent has the authority to enforce animal welfare laws statewide.

Sec. 7. 7 MRSA §3909, sub-§3, as enacted by PL 1999, c. 254, §2, is repealed and the following enacted in its place:

3.__Education requirement; management.__All humane agents shall attend and successfully complete the preservice law enforcement training requirements in Title 25, section 2804-B.__ Humane agents are exempt from section Title 25, 2804-C.

Certification of eligibility may be renewed annually as long as the humane agent completes at least 8 hours of classroom training approved by the commissioner each year.

Sec. 8. 7 MRSA §3913, sub-§4, as amended by PL 1997, c. 690, §11, is further amended to read:

4. Ownership of dog. Upon expiration of the 6-day period, ownership of the dog is vested in the animal shelter. The animal shelter may then:

A. Sell or give away the dog, but not to a research facility, if a license is first obtained in accordance with chapter 721; or

B. Otherwise dispose of the dog humanely in accordance with Title 17, chapter 42, subchapter IV. Except as provided in this section, an animal shelter must hold a dog at least 8 days before euthanasia.

Notwithstanding this subsection, ownership of a dog for the purposes of adoption is immediately vested in an animal shelter if the animal shelter makes a determination that the dog is obviously abandoned. An obviously abandoned dog does not include a dog roaming at large.

An animal shelter shall establish and collect fees for reclaimed or adopted animals to offset costs of keeping a dog beyond 6 days.

None of the proceeds obtained from the sale, donation, adoption or other disposition of the dog may be deducted from the fee claimed.

Notwithstanding subsection 3, paragraph C, the previous owner may reacquire the dog at any time prior to its sale, donation or disposal upon payment of the municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and any other fees required by this chapter for each day that the dog has been sheltered. In this case, no fee may be allowed by the department.

Sec. 9. 7 MRSA §3913, sub-§§6 and 7, as amended by PL 1997, c. 690, §11, are repealed.

Sec. 10. 7 MRSA §3923-A, sub-§§1 and 2, as amended by PL 1997, c. 690, §15, are further amended to read:

1. Dogs or wolf hybrids capable of producing young. A dog or wolf hybrid owner or keeper shall pay a fee of $7.50 $20.00 to the municipal clerk for each dog or wolf hybrid 6 months of age or older and capable of producing young. A dog or wolf hybrid is considered capable of producing young unless certification under subsection 2 is provided.

The clerk shall retain $1 as a recording fee, designate $12.50 to contribute to the municipality's animal control account established in accordance with section 3945 and pay the remaining $6.50 to the department for deposit in the Animal Welfare Fund.

2. Dogs or wolf hybrids incapable of producing young. A dog or wolf hybrid owner shall pay a fee of $4 $6 to the municipal clerk for each dog or wolf hybrid 6 months of age or older and incapable of producing young. A dog or wolf hybrid is considered incapable of producing young when the owner provides the following:

A. A written certificate issued by a veterinarian stating that the veterinarian has neutered the dog or wolf hybrid;

B. A written certificate issued by a veterinarian stating that the veterinarian has examined the dog or wolf hybrid and determined that the dog or wolf hybrid is incapable of producing young; or

C. A previous license stating that the dog or wolf hybrid is incapable of producing young.

The clerk shall retain $1 as a recording fee, deposit $2 $4 in the municipality's animal welfare account established in accordance with section 3945 and pay the remaining $1 to the department for deposit in the Animal Welfare Fund.

Sec. 11. 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 $51 to the municipal clerk for each 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 $35 to the municipality's animal welfare account established pursuant to section 3945 and $15 to the Animal Welfare Fund.

Sec. 12. 7 MRSA §3924, as amended by PL 1997, c. 690, §23, is further amended to read:

§3924. Violation

1. Civil violation. Any person who violates any section of this chapter commits a civil violation for which a forfeiture of not to exceed less than $100 nor more than $250 may be adjudged.

2. Unlawful use of collar or tag. A person who removes a tag or who places a tag on a dog for which the license was not issued commits a civil violation for which a forfeiture of not more less than $100 nor more than $250 may be adjudged.

Sec. 13. 7 MRSA §3947, as amended by PL 1997, c. 690, §28, is further amended to read:

§3947. Animal control officers; animal law enforcement officers

Each municipality shall appoint one or more animal control officers or animal law enforcement officers whose duties are enforcement of sections 3911, 3912, 3916, 3921, 3924, 3943, 3948, 3950, 3950-A, 3952 and 4041 and Title 17, section 1023 responding to reports of animals suspected of having rabies in accordance with Title 22, sections 1313 and 1313-A all applicable animal welfare laws and such other duties to control animals as the municipality may require.

A municipality may not appoint a person who has been convicted of a felony or of a criminal violation under Title 17, chapter 42 or has been adjudicated of a civil violation for cruelty to animals under chapter 739 to the position of animal control officer or animal law enforcement officer.

Animal control officers must be certified in accordance with section 3906-B, subsection 4, or in the case of an animal law enforcement officer in accordance with section 3906-B, subsection 4-A. The municipal officers may prohibit an animal law enforcement officer from making arrests or carrying a firearm.__ An animal law enforcement officer may not make arrests or carry a firearm unless the animal law enforcement officer has successfully completed the training requirements prescribed in Title 25, sections 2804-B and 2804-E. Upon initial appointment, an animal control officer must complete training and be certified by the commissioner within 6 months of appointment.

Upon appointment of an animal control officer or animal law enforcement officer, municipal clerks shall notify the commissioner of the name, address and telephone number of the animal control officer or animal law enforcement officer.

Sec. 14. 7 MRSA §3948, as amended by PL 1997, c. 690, §§29 to 31, is repealed and the following enacted in its place:

§3948.__Animal control

A municipality shall control animals that are a cause of complaint in the community.__A municipality shall control animals that pose a threat to public health or safety.__A municipality may control undomesticated animals or exotic animals in matters on which no other department is charged by law to regulate.

Sec. 15. 7 MRSA §3950-A, first ¶, as amended by PL 1997, c. 690, §33, is further amended to read:

Any mayor, municipal officer, clerk, town or city manager, administrative assistant to the mayor, town or city councilor, dog recorder of unorganized territories, constable, police officer, sheriff or, animal control officer, animal law enforcement officer or humane agent who refuses or intentionally fails to perform the duties imposed by chapters 719, 720, 721, 725 and 727 and by this chapter applicable animal welfare laws commits a civil violation for which a forfeiture of not less than $50 $250 nor more than $250 $500 and costs may be adjudged.

Sec. 16. 7 MRSA §3952, first ¶, as enacted by PL 1999, c. 350, §2, is amended to read:

A person who owns or keeps a dangerous dog commits a civil violation for which a forfeiture of not less than $250 nor more than $1,000, plus costs, may be adjudged.

Sec. 17. 7 MRSA §3952, sub-§§1 and 3, as amended by PL 1999, c. 350, §2, are further amended to read:

1. Procedure. Any person who is assaulted by a dog or any person witnessing an assault against a person or domesticated animal or a person with knowledge of an assault against a minor, within 30 days of the 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, 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 shall order restitution for any damages inflicted upon people or their property.

3. Dogs presenting immediate threat to public; temporary custody. After issuing a summons and before hearing, if the dog poses an immediate or continuing threat to the public, a sheriff, local law enforcement officer or, animal control officer or animal law enforcement officer shall order the owner or keeper of the dog to muzzle, restrain or confine the dog to the owner's premises or to have the dog confined at the owner's expense at a place determined by the sheriff, local law enforcement officer or, animal control officer or animal law enforcement officer. If the owner or keeper fails to comply, the sheriff, local law enforcement officer or, animal control officer or animal law enforcement officer may apply to District Court, Superior Court or a justice of the peace for an ex parte order for authorization to take possession of the dog that poses an immediate or continuing threat to the public and turn the dog over to the applicant or other suitable person.

If the owner or keeper of the dog violates the written order, issued by the sheriff, law enforcement officer, animal control officer or animal law enforcement officer, to either muzzle, restrain or confine the dog to the owner's or keeper's premises,

then the sheriff, law enforcement officer, animal control officer or animal law enforcement officer may take temporary custody of the dog without a court order and place the dog in a licensed animal shelter for a period of 48 hours.__If after 72 hours the owner does not claim the dog from temporary custody, the shelter is authorized to dispose of the dog by the means provided in section 3913, subsection 4, paragraphs A and B.

A person found guilty of violating this subsection commits a civil violation for which a forfeiture of not less than $250 nor more than $1,000 may be adjudged.

Sec. 18. 7 MRSA §4011, sub-§1-A, as enacted by PL 1995, c. 490, §21, is amended to read:

1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person, without legal right or privilege, kills or attempts to kill a cat or dog an animal.

A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a cat or dog an animal according to the methods of euthanasia under Title 17, chapter 42, subchapter IV.

B. A person who owns a cat or dog an animal, or the owner's agent, may kill that owner's cat or dog animal by shooting with a firearm provided the following conditions are met.

(1) The shooting is performed by a person 18 years of age or older using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot death without causing undue suffering to the animal. As used in this subparagraph, "undue suffering" means pain, distress or injury.

(2) Death is instantaneous.

(3) Maximum precaution is taken to protect the general public, employees and other animals.

(4) Any restraint of the cat or dog animal during the shooting does not cause undue suffering to the cat or dog animal.

(5)__The killing of livestock by means of normal and accepted practices for the purpose of food consumption does not constitute a violation of this section.

Sec. 19. 7 MRSA §4013, sub-§2, as enacted by PL 1987, c. 383, §3, is amended to read:

2. Water. If potable water is not accessible to the animal at all times, it shall must be provided daily and in sufficient quantity for the health of the animal. Snow or ice is not an adequate water source.

Sec. 20. 7 MRSA §4014, as enacted by PL 1987, c. 383, §3, is amended to read:

§4014. Reasonably necessary medical attention

No A person owning or responsible for confining or impounding any animal may not fail to supply the animal with reasonably necessary medical attention when the animal is or has been suffering from illness, injury, disease, excessive parasitism or malformed or overgrown hoof. As used in this section, "reasonably necessary medical attention" means medical attention necessary to keep the animal stabilized and comfortable.

1.__Owner known.__If the animal is wearing identification and the owner or keeper is known, the owner or keeper must be immediately notified and is responsible for making further medical decisions.__If within 24 hours the owner or keeper fails to claim the animal, the humane agent, animal control officer, animal law enforcement officer or animal shelter, in consultation with a veterinarian, shall determine the appropriate medical services to provide to the animal.

2.__Owner unknown.__If the animal is not wearing identification and the owner or keeper is not known, the humane agent, animal control officer, animal law enforcement officer or animal shelter, in consultation with a veterinarian, shall determine the appropriate medical services to provide to the animal.

3.__Disposition of unclaimed animals.__If after 72 hours the owner or keeper fails to claim an animal after having been notified, the animal is designated as abandoned by its owner or keeper.__The veterinarian or shelter may:

A.__Sell or give the animal away but not to a research facility; or

B.__Otherwise dispose of the animal humanely in accordance with Title 17, chapter 42, subchapter IV.

4.__Immunity from civil liability.__A humane agent, animal control officer, animal law enforcement officer, veterinarian or

animal shelter is not civilly liable to any party for action taken in accordance with this section.

Sec. 21. 7 MRSA §4018 is enacted to read:

§4018.__Investigation and enforcement of cases

1.__Investigation and enforcement.__Sheriffs, deputy sheriffs, police officers, constables, animal control officers, animal law enforcement officers and humane agents shall investigate and enforce cases of cruelty to animals.

Sec. 22. 17 MRSA §1011, sub-§4-A is enacted to read:

4-A.__Animal law enforcement officer.__"Animal law enforcement officer" means the person meeting the training requirements of Title 7, section 3906-B, subsection 4 appointed periodically by a municipality pursuant to Title 7, chapter 725.

Sec. 23. 17 MRSA §1011, sub-§15, as repealed and replaced by PL 1991, c. 779, §44, is amended to read:

15. Humane agent. "Humane agent" means an employee of the Department of Agriculture, Food and Rural Resources or an intermittent employee of the board who assists in enforcing this chapter enforces or assists in enforcement of animal welfare laws. A humane agent has the authority to enforce animal welfare laws statewide.

Sec. 24. 17 MRSA §1021, sub-§5-A, as amended by PL 1995, c. 490, §24, is further amended to read:

5-A. Seizure by state humane agent, veterinarian or animal law enforcement officer without court order. A state humane agent or a state, veterinarian or animal law enforcement officer who has reasonable cause to believe that a violation of section 1031 or 1032 has taken place or is taking place may take possession of the cruelly treated animal. Upon taking possession of an animal under this section, the humane agent or the state, veterinarian or animal law enforcement officer shall present the owner with a notice that:

A. States the reason for seizure;

B. Gives the name, address and phone number of the humane agent or the state, veterinarian or animal law enforcement officer to contact for information regarding the animal; and

C. Advises the owner of the ensuing court procedure.

If the owner can not be found, the humane agent or the state, veterinarian or animal law enforcement officer shall send a copy of the notice to the owner at the owner's last known address by certified mail, return receipt requested. If the owner is not known or can not be located, the humane agent or the state, veterinarian or animal law enforcement officer shall contact the animal shelter or shelters used by the municipality in which the animal was found. The humane agent or the state, veterinarian or animal law enforcement officer shall provide the shelter with a description of the animal, the date of seizure and the name of a person to contact for more information.

Within 3 working days of possession of the animal, the humane agent or the state, veterinarian or animal law enforcement officer shall apply to the court for a possession order. The court shall set a hearing date and that hearing date must be within 10 days of the date the animal was seized. The humane agent or the state, veterinarian or animal law enforcement officer shall arrange care for the animal, including medical treatment, if necessary, pending the hearing.

The humane agent or the state, veterinarian or animal law enforcement officer shall notify the owner, if located, of the time and place of the hearing. If the owner has not been located, the court shall order a notice to be published at least once in a newspaper of general circulation in the county where the animal was found stating the case and circumstances and giving 48 hours notice of the hearing.

It is the owner's responsibility at the hearing to show cause why the animal should not be seized permanently or disposed of humanely. If it appears at the hearing that the animal has been cruelly abandoned or cruelly treated by its owner, the court shall declare the animal forfeited and order its sale, adoption or donation or order the animal to be disposed of humanely if a veterinarian determines that the animal is diseased or disabled beyond recovery.

Sec. 25. 17 MRSA §1023, as amended by PL 1997, c. 690, §§66 and 67, is further amended to read:

§1023. Investigation and enforcement of cases

1. Investigation and enforcement. Sheriffs, deputy sheriffs, police officers, constables, animal control officers, animal law enforcement officers and humane agents shall investigate and enforce cases of cruelty to animals coming to their attention and report them to the Department of Agriculture, Food and Rural Resources on department-approved forms. Upon completion of an investigation, the department shall, if

requested, report the result of the investigation to the person complaining of alleged cruelty.

Sec. 26. 17 MRSA §1031, sub-§1-A, as amended by PL 1999, c. 481, §1, is further amended to read:

1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person, without legal right or privilege, intentionally, knowingly or recklessly kills or attempts to kill a cat or dog an animal.

A. A licensed veterinarian or a person certified under section 1042 may kill a cat or dog an animal according to the methods of euthanasia under chapter 42, subchapter IV.

B. A person who owns a cat or dog an animal, or the owner's agent, may kill that owner's cat or dog animal by shooting with a firearm provided the following conditions are met.

(1) The shooting is performed by a person 18 years of age or older using a weapon firearm and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot death without causing undue suffering to the animal. As used in this subparagraph, "undue suffering" means pain, distress or injury.

(2) Death is instantaneous.

(3) Maximum precaution is taken to protect the general public, employees and other animals.

(4) Any restraint of the cat or dog animal during the shooting does not cause undue suffering to the animal.

(5)__The killing of livestock by means of normal and accepted practices for the purpose of food consumption does not constitute a violation of this section.

Sec. 27. 17 MRSA §1032, as amended by PL 1999, c. 481, §2, is further amended by adding at the end a new paragraph to read:

The killing of birds by means of normal and accepted practices for the purpose of food consumption or hunting does not constitute a violation of this section.

Sec. 28. 17 MRSA §1036, as amended by PL 1999, c. 254, §24, is further amended to read:

§1036. Reasonably necessary medical attention

A person owning or responsible for confining or impounding any animal may not fail to supply the animal with reasonably necessary medical attention when the animal is or has been suffering from illness, injury, disease, excessive parasitism or malformed or overgrown hoof. As used in this section, "reasonably necessary medical attention" means medical attention necessary to keep the animal stabilized and comfortable. Failure to provide reasonably necessary medical attention is a Class D crime.

1.__Owner known.__If the animal is wearing identification and the owner or keeper is known, the owner or keeper must be immediately notified and is responsible for making further medical decisions.__If within 24 hours the owner or keeper fails to claim the animal, the humane agent, animal control officer, animal law enforcement officer or animal shelter, in consultation with a veterinarian, shall determine the appropriate medical services to provide to the animal.

2.__Owner unknown.__If the animal is not wearing identification and the owner or keeper is not known, the humane agent, animal control officer, animal law enforcement officer or animal shelter, in consultation with a veterinarian, shall determine the appropriate medical services to provide to the animal.

3.__Disposition of unclaimed animals.__If after 72 hours the owner or keeper fails to claim an animal after having been notified, the animal is designated as abandoned by its owner or keeper.__The veterinarian or shelter may:

A.__Sell or give the animal away but not to a research facility; or

B.__Otherwise dispose of the animal humanely in accordance with chapter 42, subchapter IV.

4.__Immunity from civil liability.__A humane agent, animal control officer, animal law enforcement officer, veterinarian or animal shelter is not civilly liable to any party for authorization made in accordance with this section.

Sec. 29. 17 MRSA §1043, as enacted by PL 1987, c. 383, §4, is amended to read:

§1043. Emergency euthanasia of animals

The following methods shall may be used only in an emergency situation in which the safety of people or other animal life is

threatened or in a situation in which the mandatory method of euthanasia of cats and dogs the animal cannot be implemented expeditiously and will cause the animal undue suffering. The following methods shall may not be used as a substitute for the mandatory method.

1. Shooting. The animal may be destroyed by shooting, provided that as long as:

A. The animal is restrained in a humane manner;

B. Shooting is performed by highly skilled and trained personnel utilizing a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot an animal law enforcement officer or animal control officer who has received firearms instruction on the proper use and discharge of the firearm assigned from a certified Maine Criminal Justice Academy firearms instructor; and

C. Maximum precaution is taken to protect the general public, employees and other animals.

2.__Immunity from civil liability.__An animal control officer, humane agent, veterinarian, animal law enforcement officer or law enforcement officer is not civilly liable to any party for action taken in accordance with this section.

Sec. 30. Training requirements. Pursuant to the Maine Revised Statutes, Title 7, section 3909, subsection 3, a humane agent hired prior to the effective date of this Act shall attend and successfully complete the preservice law enforcement training requirements in Title 25, section 2804-B by January 1, 2002.

SUMMARY

1. This bill makes the following changes to the Maine Revised Statutes, Title 7.

A. It requires animal control officers to receive 4 hours of training each year.

B. It creates the position of animal law enforcement officer.

C. It amends the definition of an "abandoned dog" to an "abandoned animal."

D. It defines the training requirements of an animal law enforcement officer and defines the duties of humane agents.

E. It requires all humane agents to receive 100 hours of initial training in a recognized enforcement program and 8 hours of training, annually, in subsequent years.

F. It repeals section 3913, subsection 6 language pertaining to euthanasia for severely sick, injured or extremely vicious dogs and replaces section 3948.

G. It increases the amount and distribution of fees for dogs capable and incapable of producing young.

H. It increases the fees for kennel licenses.

I. It authorizes municipalities to appoint animal law enforcement officers; replaces reference to several animal welfare chapters with the term "all applicable animal welfare laws"; prohibits the appointment of an animal control officer or animal law enforcement officer who commits a felony or criminal violation; and authorizes a municipal official to prohibit an animal law enforcement officer from carrying a firearm or utilizing arrest powers.

J. It clarifies municipalities' duties in regards to the control of animals.

K. It makes humane agents and animal law enforcement officers responsible for enforcing animal welfare laws.

L. It amends the dangerous dog statute and enables the animal control officer, animal law enforcement officer or law enforcement officer to take temporary custody of a dangerous animal.

M. It clarifies who is responsible for investigating and reporting cases of cruelty.

N. It replaces reference to "cat or dog" in the animal cruelty statutes with "animal."

O. It clarifies that snow and ice are not adequate sources of water.

P. It defines and creates a process for making decisions regarding "reasonably necessary" medical attention and euthanasia of animals.

2. This bill also makes the following changes to the Maine Revised Statutes, Title 17.

A. It adds the definition of "animal law enforcement officer" and redefines "humane agent."

B. It amends the possession of animal statutes to include animal law enforcement officers.

C. It repeals the reporting requirement to the Department of Agriculture, Food and Rural Resources regarding cases of cruelty to animals and clarifies who will investigate and enforce cruelty cases.

D. It clarifies the process for killing of an animal.

E. It clarifies that the killing of birds for accepted practices, such as food consumption or hunting, is not a violation of the cruelty to birds statutes.

F. It defines "reasonably necessary medical attention."

G. It states when emergency euthanasia may be used.