H.P. 623 - L.D. 863
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain revisions to the laws governing pulling events are needed; and
Whereas, it is critical to the continuing tradition of pulling events throughout the State that pulling superintendents be trained and the Pull Events Commission be revitalized; and
Whereas, these changes and training may benefit the 1999 pulling season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §75, sub-§2, as amended by PL 1995, c. 602, §3, is further amended to read:
2. Statutory rules. No A permit may not be issued unless the sponsor has adopted the following rules governing the conduct of each contest.
A. All teamsters who are to compete in contests shall have their teams ready at the published starting time. All classes shall must be closed after the positions are drawn. Classes shall must start as nearly as possible to the published time.
B. Check weighing will be allowed prior to the official weigh-in. All weighing shall must be done in the forenoon if possible. The official weigh-in shall start not earlier than 3 hours nor later than 1 1/2 hours before the first class of the day starts. Teams must have on halters and shoes. Horses and ponies must have on shoes.
C. Measuring shall must be in a straight line to the nearest point on the drag. Line-to-line measuring will be is allowed. The front of the drag must touch the line before turning. To get the full-line measure, the drag must be turned more than 1/2 way or the back of the drag must be over the line.
D. Teams shall must stay hooked to the drag at all times. No unhitching Unhitching and rehitching may be are not allowed.
E. An actual separation, breaking or bending of equipment shall constitute constitutes a breakdown. Any team breaking down may take the distance pulled or return to the last position and pull over. Only one breakdown may be is allowed.
F. Time limits shall be are a maximum of 5 minutes unless otherwise agreed upon by teamsters. Time starts when the drag is moved. The time limit to hook on in distance pulls shall be is 3 minutes.
G. On horses, the very light use of the reins on the hind quarters only is allowed and no over and under may be is not allowed. No whip Whips, brads or goads may be are not allowed. Reins shall may not be doubled up. No electrical Electrical or electronic devices may be are not allowed. No open Open bridles may be are not allowed. Ponies shall may not be struck except in a sweepstakes when they may be struck with a cap or bare open hand.
On oxen, the use of the goad shall must be very light. The goad shall may not have no a brad in it, only a plain yoke and chain or pole that may be pulled, except that a rope may be allowed in children's classes as provided in rules adopted pursuant to subsection 7. All chains shall must be covered to the hook. No plastic Plastic goads may be are not allowed. The goad stick must may not be over 4 feet long unless approved by the pull superintendent and must may not exceed 1/2 inch in diameter on the small end. The goad stick may be taped with friction tape but not weighted. The stick may be used lightly on the face to control the oxen but not around the eyes.
H. Any number of helpers will be are allowed to help hitch. After hitch-on, there shall may be only one helper no more than 2 helpers. The helper helpers shall stay behind the drag unless needed to help the teamster with snarls or turns. On oxen, the helper must stay behind the drag at all times after hitch-on. The helper shall helpers may not have a stick. This paragraph applies to distance pulls only.
I. All participants shall must be properly dressed. Proper language must be used at all times. Any participant under the influence of liquor shall must be disqualified from the contest. Tests may be made to determine intoxication. The drinking of intoxicating beverages by participants in and around the ring is prohibited.
J. The splitting of teams shall be is decided by the fair association or other sponsor.
L. No heading Heading of horses or oxen may be is not allowed. One inch pulled constitutes a hitch. Stepping over the rail counts as a hitch. Five and 5 minutes shall be are allowed for hitching. Three attempts may be made within that period. Time taken out to position the drag for the next pull shall may not be counted. Teamsters may not be changed after the first load is pulled. Any A team deliberately driven over the rail will be is disqualified from the contest. In case of a tie on the longest distance, the 2nd longest distances already pulled will take first place. Evener men must people shall remain quiet after hitching on. One inch pulled shall constitute a hitch. This paragraph does not apply to distance pulls.
M. There shall may not be no heading of horses after a pull starts unless there is a mix-up, snarl or breakdown.
N. A substantial barrier shall must be maintained at the end of the ring toward which the pull is proceeding so as to prevent or substantially impede runaways. A teamster losing control of the team is disqualified immediately.
O. There will be is 100 pounds tolerance on draft steers and oxen on and after Labor Day weekend.
P. Any animal which that is thin, dehydrated, shows open sores or is lame shall be is disqualified.
Q. Before a team is allowed to pull, the owner shall provide a certificate of liability insurance in the amount of $300,000.
Sec. 2. 7 MRSA §75, sub-§3, as enacted by PL 1987, c. 849, §2, is amended to read:
3. Pull superintendents. Each sponsor of a pulling event shall appoint a pull superintendent who is certified by the commissioner under this section. The name of the superintendent shall must be submitted in conjunction with the application for a permit to conduct each event. Only those listed on the application as superintendent or assistant superintendent may officiate. A superintendent may not officiate as superintendent for any class in a pull event in which that superintendent is participating as a competitor. An assistant superintendent may not officiate as superintendent for any class in a pull event in which that assistant superintendent is participating as a competitor. The Pull Events Commission shall promulgate adopt rules for the qualifications required to be a pull superintendent or assistant pull superintendent. Procedures of the Maine Administrative Procedure Act, Title 5, chapter 375, shall must be followed for such promulgation adoption.
Sec. 3. 7 MRSA §75, sub-§4, as enacted by PL 1987, c. 849, §2, is repealed and the following enacted in its place:
4. Enforcement. The superintendent shall enforce the laws and rules governing pull events and shall report pullers who are disqualified, violations of the law and other matters, as appropriate, to the Pull Events Commission. The commission shall send a copy of any such report to the sponsor whose name appears on the application for the pulling event and to the person whose conduct has been reported to the commission.
Humane agents shall promptly report to the pull superintendent any pulling event actions that violate this chapter, any portion of the animal welfare laws in this Title or any rule enacted by the department. If the superintendent fails or refuses to take corrective action, the humane agent shall take action to enforce the animal welfare laws and make a written report to the commission concerning all violations.
Sec. 4. 7 MRSA §75, sub-§6, as amended by PL 1993, c. 549, §1, is further amended to read:
6. Pull Events Commission. The Pull Events Commission shall be as follows is established pursuant to this section.
A. The Pull Events Commission, as authorized by Title 5, chapter 379, is established to develop rules for the certification of pull superintendents and for actions to be taken in the event of violation of pull laws and rules.
B. The board Pull Events Commission consists of 9 11 members appointed as follows:
(1) Two members appointed by the Maine Draft Horse and Ox Association a statewide association representing owners of draft horses and oxen who participate in pulling events, one member appointed by the Pine Tree Ox Association an association representing owners of oxen who participate in pulling events and one member appointed by the Pony Association an association representing owners of ponies who participate in pulling events;
(2) The Executive Director of the Animal Welfare Board An agricultural fair coordinator from the department;
(3) One Fair Superintendent appointed by the Maine Association of Agricultural Fairs;
(4) One representative of the Maine Federation of Humane Societies appointed by that federation Two representatives appointed by Maine humane organizations;
(5) One representative of the Maine Animal Coalition appointed by that organization;
(6) The commissioner or a designated representative. ;
(7) One member appointed by the commissioner representing the general public; and
(8) One member appointed by the commissioner representing the animal pulling industry.
Each person required to make an appointment under this subsection shall make the appointment by May 5, 1988, and inform the commissioner upon making the appointment.
C. The commissioner shall convene the commission by May 15, 1988, at which time the commission shall select a chairman.
C-1. The Pull Events Commission shall elect one of its members as chair. The chair serves a 2-year term and may not serve as chair for consecutive terms. The commission shall meet a minimum of twice annually.
D. Appointments shall be for terms of 2 years. Appointing persons shall review their With the exception of the commissioner and the fair coordinator, appointments after must be for terms of 2 years in conjunction with the commission chairman and the commissioner and may reappoint or replace the appointees as the appointing officer determines. A vacancy shall be is filled by the appointing authority for a full 2-year term. A commission member may be removed by the appointing authority for cause, which shall include includes poor attendance. The chairman chair shall make recommendations to the appointing authority concerning a removal.
E. Commission members shall may receive expenses but not per diem.
F. The commission shall have the responsibilities, powers and duties to:
(1) Develop qualifications for the certifying of pull superintendents and guidelines for dealing with violations of this section;
(2) Periodically review the rules for pulls as contained in subsection 2 and recommend to the Legislature such changes as necessary;
(3) Hold hearings as required on its rule-making activities and on individual violations. These hearings shall must be held in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375; and
(4) Give advice and recommendations to the commissioner on request or as the commission deems considers necessary.; and
(5) Coordinate, develop and conduct pulling superintendent training seminars.
Sec. 5. Report to Legislature. No later than January 15, 2000, the Department of Agriculture, Food and Rural Resources, Pull Events Commission shall submit a report to the Joint Standing Committee on Agriculture, Conservation and Forestry on disqualifications at pull events, violations of laws and rules governing pull events, and violations of the animal welfare laws observed at pulling events during the 1999 season. The report must summarize reports submitted by pull superintendents and humane agents in accordance with the Maine Revised Statutes, Title 7, section 75, subsection 4. The report must include minutes from commission meetings and an update on training seminars for pull superintendents.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 16, 1999.
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