PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 510
H.P. 1321 - L.D. 1881

An Act Amending the Animal Welfare Laws

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 7 MRSA §3907, sub-§5-A, as amended by PL 1993, c. 657, §3, is further amended to read:

     5-A. Animal shelter. "Animal shelter" means a facility that includes a physical structure or part of a physical structure that provides temporary or permanent shelter to houses animals and operates for the purpose of providing stray, abandoned, abused or owner-surrendered animals with sanctuary or finding the animals temporary or permanent adoptive homes.

     Sec. 2. 7 MRSA §3907, sub-§7, as enacted by PL 1987, c. 383, §3, is repealed.

     Sec. 3. 7 MRSA §3907, sub-§8-A, as amended by PL 1997, c. 690, §4, is further amended to read:

     8-A. Breeding kennel. "Breeding kennel" means a facility operated for the purpose of breeding or buying, selling or in any way exchanging dogs or cats for value that exchanges more than 16 dogs or 16 cats in a 12-month period location where 5 or more adult dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value.

     Sec. 4. 7 MRSA §3907, sub-§11-B is enacted to read:

     11-B. Council. "Council" means the Animal Welfare Advisory Council as established by Title 5, section 12004-I, subsection 2-C or its duly authorized agent.

     Sec. 5. 7 MRSA §3907, sub-§12-B, as enacted by PL 1995, c. 490, §3, is repealed.

     Sec. 6. 7 MRSA §3910-B, sub-§1, as amended by PL 2005, c. 281, §5, is further 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. 7. 7 MRSA §3931-A, sub-§4, as enacted by PL 2005, c. 281, §6, is repealed.

     Sec. 8. 17 MRSA §1011, sub-§5-A, as amended by PL 1993, c. 657, §44, is further amended to read:

     5-A. Animal shelter. "Animal shelter" means a facility that includes a physical structure or part of a physical structure that provides temporary or permanent shelter to houses animals and operates for the purpose of providing stray, abandoned, abused or owner-surrendered animals with sanctuary or finding the animals temporary or permanent adoptive homes.

     Sec. 9. 17 MRSA §1011, sub-§8-A, as amended by PL 1997, c. 690, §56, is further amended to read:

     8-A. Breeding kennel. "Breeding kennel" means a facility operated for the purpose of breeding or buying, selling or in any way exchanging dogs or cats for value location where 5 or more adult dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value.

     Sec. 10. 19-A MRSA §4007, sub-§1, ¶L, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

L. Ordering the defendant or, if the complaint is dismissed, the plaintiff to pay court costs or reasonable attorney's fees; or

     Sec. 11. 19-A MRSA §4007, sub-§1, ¶M, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

M. Entering any other orders determined necessary or appropriate in the discretion of the court.; or

     Sec. 12. 19-A MRSA §4007, sub-§1, ¶N is enacted to read:

N. Directing the care, custody or control of any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household.

     Sec. 13. 19-A MRSA §4011, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     2. Exception. When the only provision that is violated concerns relief authorized under section 4007, subsection 1, paragraphs H to M N, the violation must be treated as contempt and punished in accordance with law.

Effective August 23, 2006.

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