An Act To Support Animal Welfare
Maine Legislature, Session 122, LD 0178
Committee Amendment CA_A_H329 (House)
Amends: 7 MRSA §1820-A, 7 MRSA §3906-B, 7 MRSA §3910-B, 7 MRSA §3931-A, 7 MRSA §3933, 17 MRSA §1031

COMMITTEE AMENDMENT "A" to H. P. 129, L.D. 178, Bill, 
Act To Support Animal Welfare'" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
• Sec. 1. 7 MRS A §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 
3905-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. 
Page l-LRI027(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A· to H.P. 129, L.D. 178 
Sec. 3. 7 MRSA §3906-B, sub-§2, as amended by PL 2001, c. 422, 
§3, is further amended to read: 
2. 
An~ 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 7l4L 
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 39l0-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 l820-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-§l, as enacted by PL 2003, c. 682, 
§4, is amended to read: 
1. 
Establisbment. 
Animal Sterilization Fund, 
There 
is 
established 
the 
an interest-bearing account, 
Companion 
referred 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 129, L.D. 178 
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 
393l-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 39l0-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-§I-B, as amended by PL 2003, c. 
452, Pt. I, §15 and affected by Pt. X, §2, is further amended to 
read: 
I-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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. I}.. to H.P. 129, L.D. 178 
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 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Animal Welfare Fund 
0946 
2005-06 
$72,750 
$72,750 
2006-07 
$97,000 
$97,000 
Ini tiati ve: 
Deallocates funds from the Animal Welfare Fund to 
reflect an annual transfer to the Companion Animal Sterilization 
Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Animal Welfare Fund 
0946 
2005-06 
($100,000) 
($100,000) 
2006-07 
($100,000) 
($100,000) 
Initiative: 
Allocates additional funds for the animal welfare 
auxiliary fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Animal Welfare Fund 
0946 
2005-06 
$16,500 
$16,500 
2006-07 
$22,000 
$22,000 
Initiative: 
Allocates additional funds for the Companion Animal 
Sterilization Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
P?l-ge 4-LRI027(2) 
2005-06 
$25,500 
$25,500 
2006-07 
$34,000 
$34,000 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 129, L.D. 178 
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 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULmRE, FOOD AND RURAL RESOURCES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL -
ALL FUNDS 
2005-06 
$100,000 
$100,000 
2005-06 
$114,750 
$114,750 
2006-07 
$100,000 
$100,000 
2006-07 
$153,000 
$153,000 
Sec. 10. Retroactivity. 
That section of this Act that amends 
the Maine Revised Statu..tes, Title 17, section 1031, subsection 
l-B applies retroactively to July 1, 2004.' 
SUMMARY 
This amendment replaces the bill. It does the following: 
1. 
It imposes a surcharge of $20 for each brand of pet food 
registered in the State, to be deposited in the Animal Welfare 
Fund; 
2. 
It imposes a surcharge of $4 for each sample submitted 
to the Department of Agr icul ture, Food and Rural Resources for 
testing for equine infectious anemia. 
The surcharge is to be 
deposited in the animal welfare auxiliary fund 
and used for 
investigations 
and 
enforcement 
of 
the 
animal 
welfare 
laws 
pertaining to equines; 
3. 
It amends the statutory provision for the Animal Welfare 
Fund to indicate new sources of revenue; 
4. 
It amends the statutory provision for the animal welfare 
auxiliary fund to indicate a new source of revenue; 
5. 
It amends the statutory provision for the Companion 
Animal Sterilization Fund to indicate new sources of revenue; 
6. 
It imposes a surcharge on each sale by breeding kennels 
or pet shops of a dog or a cat that has not been neutered; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ft.. to H.P. 129, L.D. 178 
7. 
It corrects an omission of the designation of criminal 
class for aggravated cruelty to animals. 
This omission occurred 
in 
Public 
Law 
2003, 
chapter 
452, 
An 
Act 
To 
Implement 
Recommendations 
of 
the 
MCJUSTIS 
Policy 
Board 
Concerning the 
Drafting of Crimes and Civil Violations Pursuant to Resolve 1997, 
Chapter 105, as Amended. 
This carries out the intent of chapter 
with regard to the 
prov~s~on for 
aggravated cruelty to 
animals, which was to make technical changes only. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/05/05 ~ac 
LD178 
LRI027(02) 
An Act To Support Animal Welfare 
Fiscal Note for Bill as Amended by Committee Amendment It 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Appropriations! Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Transfers 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note 
2005-06 
$114,750 
$114,750 
$0 
2006-07 
$153,000 
$153,000 
$0 
Projections 
2007-08 
$153,000 
$153,000 
$0 
Projections 
2008-09 
$153,000 
$153,000 
$0 
'f!1e imposition of certain surcharges will increase Other Special Revenue Funds revenue collected by the Animal 
Welfare Fund program within the Department of Agriculture, Food and Rural Resources by $114,750 and $153,000 in 
fiscal years 2005-06 and 2006-07, respectively. The Animal Welfare Fund program will also require additional Other 
Special Revenue Funds allocations for these same amounts. In addition, the annual transfer of $100,000 between 
accounts in the Ap.imal Welfare Fund program will not have any net effect on Other Special Revenue Funds. 
LR1027(2) - Fiscal Note - Page 1 of 1