Sec. 5. 7 MRSA §3906-C, sub-§1, as amended by PL 1995, c. 502, Pt. C, §13, is repealed and the following enacted in its place:

1.__Membership.__The committee consists of 11 voting members:

A.__Two members of the joint standing committee of the Legislature having jurisdiction over animal welfare matters, one appointed by the President of the Senate and one appointed by the Speaker of the House; and

B.__Nine members appointed by the Governor as follows and subject to review by the joint standing committee of the Legislature having jurisdiction over animal welfare matters and to confirmation by the Senate:

(1)__One member representing licensed animal shelters;

(2)__One member with expertise in the care and health of equines;

(3)__One member with expertise in the care and health of livestock;

(4)__One member with expertise in the care and health of animals kept as household pets;

(5)__One member representing humane societies;

(6)__One member who is or has been a veterinarian licensed to practice in the State and who is not an employee of the State;

(7)__One animal control officer;

(8)__One member representing municipal interests; and

(9)__One member who represents the interests of the public in animal welfare, generally.

A person who owns or operates a boarding kennel, breeding kennel or pet shop may not serve as a committee member.

Sec. 6. 7 MRSA §3906-C, sub-§4, as enacted by PL 1991, c. 779, §10, is amended to read:

4. Terms of office. Except for initial appointees and the state member the legislative members, each member serves for a

term of 3 years or until the member's successor has qualified. A person may not serve more than 2 consecutive terms. In the case of a vacancy for any reason, the Governor shall appoint a member to fill the unexpired term. The terms of legislative members expire on the first Wednesday in December of even-numbered years.

Sec. 7. 7 MRSA §3906-C, sub-§5, as enacted by PL 1991, c. 779, §10, is repealed.

Sec. 8. 7 MRSA §3906-C, sub-§6, as enacted by PL 1991, c. 779, §10, is amended to read:

6. Administration; meetings. The committee shall elect one of its members as chair. The chair serves for a 2-year period and may not serve as chair for consecutive 2-year periods.

The committee shall hold regular monthly meetings but may waive by majority vote a succeeding monthly meeting. The chair shall call special meetings of the committee whenever requested in writing by 2 or more members. All meetings of the committee are public meetings and notice must be provided.__The committee shall keep minutes of all proceedings, which are a public record, available and on file with the Director of the Division of Animal Health and Industry.

Sec. 9. 7 MRSA §3906-C, sub-§§7 and 8 are enacted to read:

7.__Geographic regions.__The committee shall work with the commissioner to designate 5 or more geographic regions in the state to facilitate the training of intermittent agents, to coordinate services and investigations and to enhance the enforcement of the animal welfare laws.__The boundaries of the regions must conform to county lines or judicial divisions.

8.__Animal welfare ombudsmen.__The committee, in consultation with the commissioner, the state humane agents and intermittent humane agents shall develop a roster of people with expertise in animal health who are willing to assist in the investigation of complaints of alleged violations of chapters 731, 733, 735, 737 and 739 and Title 17, chapter 42.__The committee shall strive to find ombudsmen to serve in each of the geographic regions designated in accordance with subsection 7 with expertise in each of the following areas:

A.__Canine health;

B.__Feline and small mammal health;

C.__Equine health;

D.__Livestock and poultry; and

E.__Exotic birds and animals.

The commissioner shall provide the names of and contact information for the regional animal ombudsmen to humane agents, intermittent humane agents, animal control officers and law enforcement officers.__Animal welfare ombudsmen are entitled to receive expenses for travel associated with investigations.__An animal welfare ombudsman is immune from any liability that might result from participation in investigations of alleged animal cruelty violations.

Sec. 10. 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 6 dogs or 16 6 cats in a 12-month period.

Sec. 11. 7 MRSA c. 720, is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 720

RABIES PREVENTION

Sec. 12. 7 MRSA §3919 is enacted to read:

§3919.__Rabies vaccination information

Upon request, a veterinarian or employee of a veterinary clinic shall provide information regarding the status of an animal's vaccination against rabies.__If the veterinarian or veterinary clinic is in possession of medical records for an animal, the veterinarian or veterinary clinic shall make available all information pertaining to the animal's vaccination against rabies, including dates of vaccination, and the name, address and phone number of the animal's owner.

Sec. 13. 7 MRSA §3972, sub-§2, as amended by PL 1989, c. 342, §2, is further amended to read:

2. Violation. Any person who makes unlawful use of animals contrary to this section commits a civil violation for which a forfeiture not to exceed $100 not less than $100 or more than $1,000 may be adjudged. For the purposes of this section, "animal" does not include lobsters or shellfish.

Sec. 14. 7 MRSA §3981, sub-§1, as enacted by PL 1987, c. 383, §3, is amended to read:

1. Period of confinement. No A railroad, motor truck, common carrier or its receiver, trustee or lessee which that transports animals within the State or other person having the care, custody or charge of animals loaded into any such form of transportation may not confine the animals in cars, boats, vehicles or vessels of any description for a period longer than 28 12 consecutive hours without unloading the animals in a humane manner, by means of a chute or tailgate of sufficient size, into properly equipped pens or other suitable enclosures for rest, water and feeding for a period of at least 5 consecutive hours, unless prevented by storm, accident or other unavoidable cause which that cannot be anticipated or avoided by the exercise of due diligence and foresight.

In estimating the time of confinement, the time consumed in loading and unloading shall may not be considered, but the time during which the animals have been confined without such rest, food or water in a car, boat, vehicle or vessel shall must be included.

Sec. 15. 7 MRSA §3981, sub-§2, as enacted by PL 1987, c. 383, §3, is repealed.

Sec. 16. 7 MRSA §3981, sub-§§5 and 6, as enacted by PL 1987, c. 383, §3, are amended to read:

5. Conditions of transportation. Cars, boats, vehicles or vessels shall must be sufficiently covered or boarded on the sides and ends to afford proper protection to animals in case of storms or severe cold weather and shall must be properly ventilated. A greater number of animals shall may not be loaded into any car, boat, vehicle or vessel than can stand comfortably within. A person may not transport equines in a trailer designed for transporting animals in 2 tiers, commonly referred to as a "double-decker" trailer.

No A person may not transport any animal in or upon any car, boat, vehicle or vessel in a cruel or inhumane manner.

6. Violation. Any person who violates this section commits a civil violation for which a forfeiture of not less than $50 $500 nor more than $500 $1,000 for every such offense may be adjudged.

Sec. 17. 7 MRSA §4001, sub-§4-A is enacted to read:

4-A.__Care of animals.__A person sponsoring a calf or pig

scramble shall provide the animals food, shelter and water in accordance with sections 4013 and 4015.

Sec. 18. 7 MRSA §4011, sub-§1, ¶E, as amended by PL 1997, c. 456, §5, is further amended to read:

E. Deprives an animal that the person owns or, possesses or has under that person's care and control of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions;

Sec. 19. 7 MRSA §4011, sub-§1, ¶G, as amended by PL 1999, c. 765, §9, is further amended to read:

G. Hunts or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 10; or

Sec. 20. 7 MRSA §4011, sub-§1, ¶H, as enacted by PL 1999, c. 254, §13, is amended to read:

H. Injects, inserts or causes ingestion of any substance used solely to enhance the performance of an animal by altering the animal's metabolism to that animal's detriment, including but not limited to excessive levels of sodium bicarbonate in equines used for competition.;

Sec. 21. 7 MRSA §4011, sub-§1, ¶¶I and J are enacted to read:

I.__Inserts, applies or fastens to any part of the body any substance, device, product or object used to curtail a bodily function or to cause pain or irritation to the animal or agitation to the animal to cause a fight or flight response, including, but not limited to, spikes attached to the legs of an equine or electric prods used on the genitals of pulling animals in training or show; or

J.__Except for livestock traditionally pastured, keeps or leaves an animal at a location that is not occupied by a person responsible for the animal's care and sustenance.

Sec. 22. 7 MRSA §4013, sub-§§1 and 2, as enacted by PL 1987, c. 383, §3, are amended to read:

1. Food. The food shall must be of sufficient quantity and quality to maintain all animals in good health. For an equine, hay must be sweet smelling, not moldy or wet or mulch hay.__Grain must be dry and fresh, not wormy, damp or moldy or with rodent infestation.

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

Sec. 23. 7 MRSA §4015, sub-§2, as amended by PL 1997, c. 456, §8, is further amended to read:

2. Outdoor standards. Minimum outdoor standards of shelter shall be are as follows.

A. When sunlight is likely to cause heat exhaustion of an animal is tied or, caged or confined outside, sufficient shade by natural or artificial means shall must be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" "confined" does not include farm fencing used to confine farm animals, except that "confined" does include fencing used to confine equines.

B. Except as provided in subsection subsections 5, 6 and 7, shelter from inclement weather must be as follows.

(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, appropriate to the local climatic conditions for the species concerned must be provided as necessary for the health of the animal.

(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof must be provided to accommodate the dog and protect it from the weather and, in particular, from severe cold. Inadequate shelter may be indicated by the shivering of the dog due to cold weather for a continuous period of 30 minutes.

C. No An animal may not 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. 24. 7 MRSA §4015, sub-§3, ¶B, as enacted by PL 1987, c. 383, §3, 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. 25. 7 MRSA §4015, sub-§5, as amended by PL 1999, c. 765, §10, is further amended to read:

5. Livestock. Livestock must be provided with shelter suitable for the health of the animal. Livestock must have access to a constructed or natural shelter that is large enough to accommodate all livestock comfortably at one time. The shelter should be well drained and protect the livestock from direct sun, rain, wind and other inclement weather. Notwithstanding this subsection, shelter for equines must be provided in accordance with subsection 2, paragraph B, subparagraph (1) 6. For purposes of this subsection, "livestock" includes large game as defined in section 1341, subsection 5 kept at a licensed commercial large game shooting area as defined in section 1341, subsection 1.

Sec. 26. 7 MRSA §4015, sub-§§6 and 7 are enacted to read:

6.__Equines.__An 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.

7.__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. 27. 7 MRSA §4017, as amended by PL 1997, c. 690, §46, is repealed and the following enacted in its place:

§4017.__Rules

1.__Rules.__The commissioner shall adopt rules to implement this chapter.__Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.

2.__Provisional rules.__The commissioner, in consultation with the Animal Welfare Advisory Committee, shall provisionally adopt rules in accordance with Title 5, chapter 375 to implement this chapter.__Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Legislature no later than January 1, 2002 for review.__This subsection is repealed January 1, 2002.

Sec. 28. 7 MRSA §4018 is enacted to read:

§4018.__Report of suspected cruelty

1.__Duty to report.__When, while acting in a professional capacity, a veterinarian knows or has reasonable cause to suspect that an animal is the subject of cruelty or neglect in violation of this chapter or Title 17, chapter 42, the veterinarian shall immediately report such knowledge or suspicion to a humane agent, animal control officer or law enforcement officer.

2.__Immunity.__A veterinarian reporting under this section is immune from any liability that might otherwise result from these actions.

3.__Violation.__A person who violates this section commits a civil violation for which a forfeiture not to exceed $100 may be adjudged.

Sec. 29. 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 that exchanges more than 16 6 dogs or 16 6 cats in a 12-month period.

Sec. 30. 17 MRSA §1023, sub-§1, as amended by PL 1997, c. 690, §66, is further amended to read:

1. Investigation; report. Sheriffs, deputy sheriffs, police officers, constables, animal control officers and humane agents shall investigate 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. The forms must include space for a written description of the animal's condition.__A copy of the completed form must be given to the owner or keeper of the animal.__The person investigating the case must retain a copy of the form for office records. Upon completion of an investigation, the department shall, if requested, report the result of the investigation to the person complaining of alleged cruelty.

Sec. 31. 17 MRSA §1023, sub-§§3 to 7 are enacted to read:

3.__Equipment.__To assist in the investigation of complaints of animal cruelty, the commissioner shall provide each animal control officer and humane agent with a camera and a measuring tape known as "an equine tape" and used to evaluate an equine's condition.

4.__Initial visit by humane agent or state veterinarian.__When a report is received by the department pursuant to subsection 1, a humane agent or state veterinarian shall visit the site of the alleged cruelty.__If the humane agent or veterinarian determines the animal is not receiving proper care, the humane agent or veterinarian shall provide instructions for appropriate care and prescribe any specific actions needed to be taken to be in compliance with the animal welfare laws.__The instructions must be written on a dated form.__The form must provide notice of a subsequent visit by a humane agent or veterinarian.__The owner or keeper shall sign the form as acknowledgement of the visit.__The humane agent or veterinarian shall retain the original signed form and leave a copy with the owner or keeper.

The owner or keeper of the animal that is the subject of investigation may not slaughter, euthanize, give away, sell or otherwise dispose of the animal until the investigation is complete or unless authorized by the humane agent or state veterinarian.

5.__Second and subsequent visits.__When the humane agent or state veterinarian determines on an initial visit pursuant to subsection 4 that an animal is not receiving proper care, a humane agent or veterinarian shall visit the site again within 10 days of the initial visit.__If at the time of the 2nd visit a humane agent or veterinarian determines that the owner or keeper has not followed instructions for appropriate care and is not in compliance with the provisions of this chapter, the humane agent or veterinarian shall advise the owner of a 3rd visit to be made within 10 days.

6.__Seizure of an animal.__When a humane agent or state veterinarian makes a 3rd visit in accordance with this section and determines that an animal is not receiving the care prescribed in previous visits by the humane agent or veterinarian, the veterinarian or humane agent shall seize the animal as provided in section 1021, subsection 5-A.__ Notwithstanding this section, a state veterinarian, humane agent, animal control officer or law enforcement officer may seize an animal in accordance with section 1021 at any time.

7.__Records kept.__The commissioner shall develop a system for recording and compiling information received pursuant to subsections 1, 4 and 5.__The records must be kept in a manner that facilitates entering information on the process used to resolve the case and the final disposition of the case.

Sec. 32. 17 MRSA §1031, sub-§1, ¶E, as amended by PL 1997, c. 456, §14, is further amended to read:

E. Deprives an animal that the person owns or, possesses or has under that person's care and control of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions;

Sec. 33. 17 MRSA §1031, sub-§1, ¶G, as amended by PL 1999, c. 765, §11, is further amended to read:

G. Hunts or sells for the purpose of hunting any animal, except as permitted pursuant to Title 7, chapter 202-A and Title 12, Part 10; or

Sec. 34. 17 MRSA §1031, sub-§1, ¶H, as enacted by PL 1999, c. 254, §21, is amended to read:

H. Injects, inserts or causes ingestion of any substance used solely to enhance the performance of an animal by altering the animal's metabolism to that animal's detriment, including but not limited to excessive levels of sodium bicarbonate in equines used for competition.;

Sec. 35. 17 MRSA §1031, sub-§1, ¶¶I and J are enacted to read:

I.__Inserts, applies or fastens to any part of the body any substance, device, product or object used to curtail a bodily function or to cause pain or irritation to the animal or agitation to the animal to cause a fight or flight response, including, but not limited to, spikes attached to the legs of an equine or electric prods used on the genitals of pulling animals in training or show; or

J.__Except for livestock traditionally pastured, keeps or leaves an animal at a location that is not occupied by a person responsible for the animal's care and sustenance.

Sec. 36. 17 MRSA §1031, sub-§3, as amended by PL 1999, c. 481, §1, is further amended to read:

3. Penalty. Cruelty to animals is a Class D crime. If the State pleads and proves that, at the time a violation of this section was committed, the defendant had been convicted of 2 or more violations of this section, section 1032 or essentially similar crimes in other jurisdictions, the sentencing class for the crime is one class higher than it would otherwise be. For purposes of this subsection, the dates of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same date. The enhancement of the crime for sentencing purposes required by this subsection does not apply if the 2 prior offenses were committed within a 3-day period. The date of a conviction is deemed to be the date that sentence is imposed, even though an appeal was taken. The date an offense was committed is presumed to be the date stated in the complaint, information, indictment or other formal charging instrument, notwithstanding the use of the words "on or about" or the equivalent. In addition to any other penalty authorized by law, the court shall impose a fine of not less than $250 for each violation of this section. The court may order the defendant to pay the costs of the care, housing and veterinary medical treatment for the animal.

The court, as part of the sentence, may prohibit the defendant from owning, possessing or having on the defendant's premises an animal or animals as determined by the court for a period of time, up to and including permanent relinquishment, as determined by the court. A person placed on probation for a violation of this section with a condition that prohibits owning, possessing or having an animal or animals on the probationer's premises is subject to revocation of probation and removal of the animal or

animals at the probationer's expense if this condition is violated. The court as part of the sentence may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling, and, if it is determined appropriate by the court, to receive psychiatric or psychological counseling at the defendant's expense.

Sec. 37. 17 MRSA §1035, sub-§1, as enacted by PL 1987, c. 383, §4, is amended to read:

1. Food. The food shall must be of sufficient quantity and quality to maintain all animals in good health. For an equine, hay must be sweet smelling, not moldy or wet or mulch hay.__Grain must be dry and fresh, not wormy, damp or moldy or with rodent infestation.

Sec. 38. 17 MRSA §1035, sub-§2, as amended by PL 1999, c. 254, §22, is further amended to read:

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

Sec. 39. 17 MRSA §1037, sub-§2, as amended by PL 1987, c. 456, §18, is further amended to read:

2. Outdoor standards. Minimum outdoor standards of shelter shall be are as follows.

A. When sunlight is likely to cause heat exhaustion of an animal is tied or, caged or confined outside, sufficient shade by natural or artificial means shall must be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" "confined" does not include farm fencing used to confine farm animals, except that "confined" does include fencing used to confine equines.

B. Except as provided in subsection subsections 5, 6 and 7, shelter from inclement weather must be as follows.

(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, appropriate to the local climatic conditions for the species concerned must be provided as necessary for the health of the animal.

(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a