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Representative Micheal Quint (D-Portland) was heading Maine's efforts to obtain an Animal Friendly License Plate Program.

Please send us up-to-date information if you are working on, or have additional information about this program.


GET THE PLATES

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

Sec. 1. 7 MRSA §3906-B, sub-§13, as enacted by PL 1995, c. 502, Pt. C, §12, is repealed.

Sec. 2. 7 MRSA §3906-B, sub-§15, as amended by PL 2001, c. 399, §2, is further amended to read:

15. Annual report. The commissioner shall report the activities of the commissioner annually by March 1st to the joint standing committee of the Legislature having jurisdiction over agricultural matters. This report must include a summary of cases of cruelty to animals investigated by the commissioner, a summary of final dispositions of those cases and an account of deposits into and payments from the spaying and neutering fund Companion Animal Sterilization Fund established in section 3910-B.

Sec. 3. 7 MRSA §3907, sub-§11-A is enacted to read:

11-A. Companion animal. "Companion animal" means a cat or dog.

Sec. 4. 7 MRSA §3907, sub-§21-A is enacted to read:

21-A. Participating veterinarian. "Participating veterinarian" means a veterinarian participating in the Companion Animal Sterilization Program.

Sec. 5. 7 MRSA §§3910-B and 3910-C are enacted to read:

§3910-B. Companion Animal Sterilization Program

1. Program established; purpose; annual report. The commissioner shall establish and administer the Companion Animal Sterilization Program, referred to in this section as "the program," in accordance with this section. The purpose of the program is to reduce the population of unwanted, stray and homeless dogs and cats by encouraging the owners of companion animals to have them permanently reproductively sterilized, thereby reducing potential threats to public health and safety from mid-Atlantic rabies and other sources. The program is funded by the Companion Animal Sterilization Fund established in subsection 2. The commissioner shall report annually by September 1st to the Governor and the Legislature regarding the progress of the program and the status of the fund.

2. Companion Animal Sterilization Fund. There is established the Companion Animal Sterilization Fund, 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 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 to fund the program, including 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.

 3. Eligibility of owner of companion animal to participate. A resident of this State who has adopted a companion animal from an animal shelter is eligible to participate in the program if the person presenting the animal signs a consent form certifying that the person is the owner of the companion animal or is authorized by the owner to present the companion animal for the operation and that person pays a fee of $30. The sterilization must be performed by a participating veterinarian.

4. Reduced fee eligibility. A resident of this State who presents a companion animal for sterilization may participate in the program for a reduced fee if the person:

A. Signs a consent form certifying that the person is the owner of the companion animal or is authorized by the owner to present the companion animal for the procedure;

B. Pays a fee of $15; and

C. Is able to provide proof that the owner is receiving unemployment benefits or is eligible to participate in one of the following programs:

(1) The federal Food Stamp Act of 1977, 7 United States Code, Sections 2011 to 2036 and the statewide food stamp program under Title 22, section 3104;

(2) The program of supplementation of benefits for blind, disabled and elderly people provided by the United States Government pursuant to Title XVI of the United States Social Security Act, as amended, and Title 22, chapter 855-C;

(3) The Temporary Assistance for Needy Families program under the United States Social Security Act, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 and Title 22, chapter 1053-B; or

(4) The MaineCare program established in Title 22, chapter 855.

The sterilization must be performed by a participating veterinarian.

5. Veterinarian participation. A veterinarian licensed in this State may participate in the program. A veterinarian applying to participate in the program shall file with the commissioner an application provided by the commissioner on which the veterinarian shall supply, in addition to any other information requested by the commissioner, a fee schedule listing the fees charged for sterilization, examination and presurgical immunizations of dogs against rabies, distemper, hepatitis, leptospirosis and parvovirus and the fees charged for sterilization, examination and presurgical immunizations of cats against rabies, feline panleukopenia, feline calici virus, pneumonitis and rhinotracheitis performed in the normal course of business. The sterilization fee may vary with the companion animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are considered unreasonable.

6. Veterinarian reimbursement. The commissioner shall reimburse, to the extent funds are available, a participating veterinarian for the difference between 80% of the participating veterinarian's fee and payment paid by the owner to the participating veterinarian as provided in subsection 3 for each companion animal sterilization procedure administered. To receive this reimbursement, the participating veterinarian must submit a companion animal sterilization reimbursement request signed by the participating veterinarian and the owner of the animal certifying that the animal has been sterilized. The owner of a companion animal sterilized pursuant to subsection 3 who has adopted that companion animal from an animal shelter shall pay the cost of all presurgical immunizations and examination fees directly to the participating veterinarian.

7. Veterinarian reimbursement under reduced fee arrangement. For companion animals sterilized pursuant to subsection 4, the commissioner shall reimburse, to the extent funds are available, a participating veterinarian for the fees for an examination and the presurgical immunization of dogs against rabies, distemper, hepatitis, leptospirosis and parvovirus or the fees for an examination and the presurgical immunization of cats against rabies, feline panleukopenia, feline calici virus, pneumonitis and rhinotracheitis, as the case may be, as well as the fee for the companion animal sterilization procedure. Reimbursement for these fees, less the $15 fee paid by the person presenting the companion animal, must be made by the commissioner to the participating veterinarian upon submission of the written companion animal sterilization

reimbursement request, signed by the participating veterinarian and the owner of the companion animal or the person authorized by the owner, certifying that the immunization has been administered and the animal has been sterilized. The owner of a companion animal sterilized pursuant to subsection 4 may not be required to pay any additional charges for the examination fee or presurgical immunization.

8. Enforcement; administrative fine. A person who knowingly falsifies proof of eligibility for, or participation in, the program, who furnishes any participating veterinarian with inaccurate information concerning the ownership of a companion animal submitted for a sterilization procedure, who furnishes the commissioner with false information concerning a companion animal sterilization fee schedule submitted pursuant to subsection 5 or a companion animal sterilization reimbursement request submitted pursuant to subsection 3 or 4 or who violates any provision of this section or a rule adopted under this section is subject to a civil fine levied by the commissioner not to exceed $1,000 for each violation.

9. Fund raising. The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing, distribution and other disposal of any art or products for the purpose of generating revenues for the fund. All money generated from the sale of these items must be deposited in the fund.

The commissioner may solicit and accept funds from any public or private source to be used to carry out the provisions of this section. All such funds must be deposited into the fund.

10. Rulemaking. The commissioner shall adopt rules to carry out the purposes of this section, including rules concerning:

A. The format and content of all forms required under this section;

B. Proof of eligibility under subsections 3 and 4;

C. Administration of the fund; and

D. Any matters other than those in paragraphs A to C necessary for the administration of this section.

Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

§3910-C. Companion Animal Overpopulation Committee

1. Establishment; purpose. The Companion Animal Overpopulation Committee, referred to in this section as "the committee," is established. The purpose of the committee is to study companion animal overpopulation in this State and the relationship of companion animal overpopulation to the spread of rabies and other threats to the public health.

2. Membership; cochairs. The committee consists of 14 members, as follows:

A. Two members of the Senate, appointed by the President of the Senate;

B. Two members of the House of Representatives, appointed by the Speaker of the House;

C. The Commissioner of Agriculture, Food and Rural Resources or the commissioner's designee;

D. The Commissioner of Human Services or the commissioner's designee;

E. The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee;

F. A representative of a statewide association of veterinarians, appointed jointly by the President of the Senate and the Speaker of the House;

G. A representative of a humane society or society for the prevention of cruelty to animals in the State, appointed jointly by the President of the Senate and the Speaker of the House;

H. A representative of the Maine Municipal Association, appointed jointly by the President of the Senate and the Speaker of the House;

I. A representative of an association of town and city clerks in the State, appointed jointly by the President of the Senate and the Speaker of the House;

J. A representative of dog breeders, appointed by the Governor;

K. A representative of cat breeders, appointed by the Governor; and

L. A member of the public, appointed by the Governor.

The first-chosen member of the House and the first-chosen Senator serve as cochairs.

3. Terms; compensation. The terms of the members of the committee are for 3 years, except that:

A. The Legislators appointed pursuant to subsection 2, paragraphs A and B serve terms that are coterminous with their terms of office; and

B. The Commissioner of Agriculture, Food and Rural Resources, the Commissioner of Human Services and the Commissioner of Inland Fisheries and Wildlife serve ex officio.

Members of the committee serve until a successor has been appointed.

Members of the committee serve without compensation, except for Legislators appointed pursuant to subsection 2, paragraphs A and B, who are entitled to receive the legislative per diem and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the committee.

4. Duties. The primary duties of the committee are to study the economic, human and public health effects of companion animal overpopulation in the State and the lack of compliance with dog licensing and rabies vaccination laws and ordinances. The committee shall make recommendations to reduce the number of stray and homeless cats and dogs in the State, to reduce the number of healthy cats and dogs euthanized in animal shelters and to increase compliance with dog licensing and rabies vaccination laws and ordinances.

5. Report. The committee shall submit by January 15th an annual report of its findings and recommendations, including any recommended implementing legislation, to the Legislature and the Governor. The committee's first report must be submitted on or before March 15, 2005.

Sec. 6. 36 MRSA §5284-A is enacted to read:

§5284-A. Companion Animal Sterilization Fund voluntary checkoff

1. Companion Animal Sterilization Fund. A taxpayer who, when filing a return, is entitled to a refund under this Part may designate that a part of that refund be paid into the Companion Animal Sterilization Fund established in Title 7, section 3910-B, subsection 2. A taxpayer who is not entitled to a refund under

this Part may contribute to the Companion Animal Sterilization Fund by including with that taxpayer's return sufficient funds to make the contribution. Each individual income tax return form must contain a designation in substantially the following form: "Contribution to Companion Animal Sterilization Fund: ( ) $5, ( ) $10, ( ) $25 or ( ) Other $... ."

2. Contributions credited to Companion Animal Sterilization Fund. The State Tax Assessor shall determine annually the total amount contributed pursuant to subsection 1. Prior to the beginning of the next year, the assessor shall deduct the cost of administering the Companion Animal Sterilization Fund checkoff, but not exceeding $5,000 annually, and report the remainder to the Treasurer of State, who shall credit that amount to the Companion Animal Sterilization Fund, which is established in Title 7, section 3910-B, subsection 2.

Sec. 7. Transition. All funds in the spaying and neutering fund established by the Commissioner of Agriculture, Food and Rural Resources pursuant to the Maine Revised Statutes, Title 7, section 3906-B, subsection 13 must be transferred to the Companion Animal Sterilization Fund established in Title 7, section 3910-B, subsection 2 within 30 days following the effective date of this Act.

Sec. 8. Effective date. This Act takes effect January 1, 2005.

SUMMARY

 This bill, based on New Hampshire law, establishes the Companion Animal Sterilization Program to provide funding assistance to Maine residents who adopt a dog or cat from an animal shelter and need the animal to be spayed or neutered. A resident pays a fee of $30 to participating veterinarians. Disabled, elderly, unemployed or low-income residents who are eligible to receive low-income assistance, such as food stamps or MaineCare or unemployment benefits, pay a fee of $15, which covers an examination, vaccinations and sterilization from a participating veterinarian.

Participating veterinarians are reimbursed for the difference between the fee and 80% of the veterinarian's fee for sterilizing the companion animal less the copayment; if the companion animal is owned by a disabled, elderly, low-income or unemployed person, the veterinarian receives full reimbursement.

The primary source of funding for the program is a voluntary checkoff on the individual income tax form that allows a taxpayer

to donate a portion of a tax refund or make a donation with the tax return.

This bill also establishes the Companion Animal Overpopulation Committee, a permanent committee whose purpose is to study pet overpopulation in Maine and the relationship of companion animal overpopulation to the spread of rabies and other threats to the public health and make recommendations to reduce the number of stray and homeless cats and dogs in the State and the number of healthy cats and dogs euthanized in animal shelters and to increase compliance with dog licensing and rabies vaccination laws. The committee consists of 4 Legislators, the Commissioner of Agriculture, Food and Rural Resources, the Commissioner of Human Services and the Commissioner of Inland Fisheries and Wildlife and representatives of veterinarians, humane societies, municipalities, municipal clerks, dog and cat breeders and the public. The committee is required to make an annual report to the Legislature and the Governor.

The program begins January 1, 2005.