HF 1593

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; imposing limits on ownership and 
  1.3             possession of certain animals; requiring registration; 
  1.4             providing criminal penalties; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 35. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [35.805] [OWNING CERTAIN REGULATED ANIMALS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (b) "Person" means a natural person, firm, partnership, 
  1.11  corporation, or association however organized. 
  1.12     (c) "Possess" means to own, care for, have custody of, or 
  1.13  control. 
  1.14     (d) "Regulated animal" means: 
  1.15     (1) all members of the Felidae family including, but not 
  1.16  limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, 
  1.17  and servals, but not including domestic cats or cats recognized 
  1.18  as a domestic breed, registered as a domestic breed, and shown 
  1.19  as a domestic breed by a national or international multibreed 
  1.20  cat registry association; 
  1.21     (2) bears; and 
  1.22     (3) all nonhuman primates, including, but not limited to, 
  1.23  lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, 
  1.24  lorises, and tamarins. 
  1.25     Regulated animal includes any hybrid or cross between an 
  2.1   animal listed in clause (1), (2), or (3) and a domestic animal 
  2.2   and offspring from all subsequent generations of those crosses 
  2.3   or hybrids. 
  2.4      Subd. 2.  [POSSESSION OF REGULATED ANIMALS.] (a) Except as 
  2.5   provided in this section, it is unlawful for a person to possess 
  2.6   a regulated animal. 
  2.7      (b) A person who possesses a regulated animal on the 
  2.8   effective date of this section has 120 days to come into 
  2.9   compliance with regulations promulgated by the United States 
  2.10  Department of Agriculture for regulated animals under the Animal 
  2.11  Welfare Act, Public Law 89-544, and its subsequent amendments, 
  2.12  and the regulations adopted under that act relating to 
  2.13  facilities and operations, animal health and husbandry, and 
  2.14  veterinary care for regulated animals. 
  2.15     (c) Only a person who possesses a valid United States 
  2.16  Department of Agriculture or Minnesota state license is allowed 
  2.17  to breed regulated animals after the effective date of this 
  2.18  section. 
  2.19     (d) A person who possesses a valid United States Department 
  2.20  of Agriculture license or Minnesota state license and is in 
  2.21  compliance with the United States Department of Agriculture 
  2.22  Animal Welfare Act regulations and standards may breed, 
  2.23  purchase, or otherwise acquire new regulated animals after the 
  2.24  effective date of this section, or sell regulated animals to 
  2.25  other United States Department of Agriculture licensed and 
  2.26  compliant facilities, to persons registered under this section, 
  2.27  or to exempt facilities under subdivision 7. 
  2.28     (e) If a regulated animal dies of neglect or cruelty, is 
  2.29  seized pursuant to subdivision 5, or if the person is involved 
  2.30  in illegal activities, the person cannot acquire a replacement 
  2.31  animal. 
  2.32     (f) It is unlawful for a person in control of real property 
  2.33  to knowingly permit another person to possess a regulated animal 
  2.34  on that property, except in compliance with this section. 
  2.35     Subd. 3.  [REGISTRATION.] (a) Within 60 days after the 
  2.36  effective date of this section, a person who possesses a 
  3.1   regulated animal must notify the board in writing using a 
  3.2   registration form prepared by the board.  The notification shall 
  3.3   include the person's name, address, telephone number, and a 
  3.4   complete inventory of each regulated animal that the person 
  3.5   possesses.  The inventory shall include the following 
  3.6   information:  number and species of each regulated animal; the 
  3.7   exact location where each regulated animal is kept; and age, 
  3.8   sex, color, weight, scars, and any distinguishing marks of each 
  3.9   regulated animal. 
  3.10     (b) The board may charge an initial site inspection fee of 
  3.11  $50 plus an annual fee of $25 per animal to register regulated 
  3.12  animals up to a maximum of $100 annually per person.  The board 
  3.13  may charge an additional site inspection fee of $50 if the 
  3.14  person acquires and possesses another type of regulated animal. 
  3.15     Subd. 4.  [REQUIREMENTS.] (a) A person who possesses a 
  3.16  regulated animal must maintain health and ownership records on 
  3.17  each animal and must maintain the records for five years. 
  3.18     (b) A person who possesses a regulated animal must maintain 
  3.19  an ongoing program of veterinary care which includes a 
  3.20  veterinary visit to the premises at least annually. 
  3.21     (c) A person who possesses a regulated animal must notify 
  3.22  the Board of Animal Health in writing within ten days of a 
  3.23  change in address or location where the regulated animal is kept.
  3.24     (d) A person who possesses a regulated animal must notify, 
  3.25  as soon as practicable, local law enforcement officials of any 
  3.26  escape of a regulated animal.  The person who possesses the 
  3.27  regulated animal is liable for any costs incurred by any person, 
  3.28  city, county, or state agency resulting from the escape of a 
  3.29  regulated animal unless the escape is due to a criminal act or a 
  3.30  natural event. 
  3.31     (e) A person who possesses a regulated animal shall 
  3.32  maintain a written recovery plan in the event of the escape of a 
  3.33  regulated animal.  The person shall maintain a tranquilizer gun, 
  3.34  tranquilizers, live traps, or other equipment necessary to 
  3.35  assist in the recovery of the regulated animal. 
  3.36     (f) If a person who possesses a regulated animal can no 
  4.1   longer care for the animal, the person shall take steps to find 
  4.2   long-term placement for the regulated animal. 
  4.3      Subd. 5.  [SEIZURE.] (a) If the board determines that a 
  4.4   person who possesses one or more regulated animals is not in 
  4.5   compliance with the requirements of this section, the board 
  4.6   shall provide written notice and warning to the person and 
  4.7   commence appropriate actions to seize the animal or animals. 
  4.8      (b) A person notified by the board under paragraph (a) may 
  4.9   submit to the board a written request for a temporary permit to 
  4.10  retain custody of the animal or animals for up to 30 days, 
  4.11  during which time the person shall take all necessary actions to 
  4.12  come into compliance.  During the 30-day period, the board may 
  4.13  inspect, at any reasonable time, the premises where a regulated 
  4.14  animal is kept. 
  4.15     (c) If a person who possesses one or more regulated animals 
  4.16  is not in compliance with this section following the 30-day 
  4.17  period allowed in paragraph (b), the board may seize the animal 
  4.18  or animals on the premises.  At the time of the seizure, the 
  4.19  board must attempt to notify the owner of the regulated animal 
  4.20  by telephone.  The board must provide written notice of the 
  4.21  seizure by United States mail, postmarked not later than the 
  4.22  next business day following the seizure, to the address of the 
  4.23  property.  The written notice must include: 
  4.24     (1) a description of the animal or animals seized; 
  4.25     (2) the authority and purpose for the seizure; 
  4.26     (3) the time, place, and circumstances under which the 
  4.27  animal or animals were seized; and 
  4.28     (4) the location, address, telephone number, and other 
  4.29  contact information where the animal is to be kept after the 
  4.30  seizure. 
  4.31     (d) The notice provided to the person from whom a regulated 
  4.32  animal was seized must include statements that: 
  4.33     (1) the person may post a security deposit with the board 
  4.34  to prevent disposition or destruction of the animal or animals; 
  4.35     (2) the person may fill out a form provided with the notice 
  4.36  to request a hearing concerning the seizure; 
  5.1      (3) failure to post a security deposit within five business 
  5.2   days following the date of the seizure may result in disposal or 
  5.3   other disposition of the animal; and 
  5.4      (4) the actual costs of care, keeping, and disposal or 
  5.5   destruction of the regulated animal will be the responsibility 
  5.6   of the person from whom the animal was seized, except to the 
  5.7   extent that a court finds that the seizure or impoundment was 
  5.8   not substantially justified under law. 
  5.9      (e) If a person from whom a regulated animal was seized 
  5.10  makes a written request within five days of the seizure, a 
  5.11  hearing to determine the validity of the seizure must be held 
  5.12  within an additional five business days.  The judge may order 
  5.13  the return of the animal to the person from whom the animal was 
  5.14  seized if the judge finds: 
  5.15     (1) the person can and will provide the care required by 
  5.16  law for the regulated animal; and 
  5.17     (2) the regulated animal is physically fit. 
  5.18     (f) If the judge orders a permanent disposition of the 
  5.19  regulated animal, the board may place the animal with a wildlife 
  5.20  sanctuary, a Minnesota licensed wildlife rehabilitator, or 
  5.21  another appropriate United States Department of Agriculture 
  5.22  licensed facility.  If no such facility is available for 
  5.23  disposition of the animal, the board may order that the animal 
  5.24  be destroyed. 
  5.25     (g) A person from whom a regulated animal is seized is 
  5.26  liable for all the actual costs of care, keeping, and disposal 
  5.27  or destruction of the animal, except to the extent that a judge 
  5.28  finds that the seizure was not substantially justified by law.  
  5.29  The costs shall be paid in full or a mutually satisfactory 
  5.30  arrangement for payment must be made between the board and the 
  5.31  person claiming an interest in the animal before return of the 
  5.32  animal to the person. 
  5.33     (h) A person from whom a regulated animal has been seized 
  5.34  under this subdivision may prevent disposition of the animal by 
  5.35  posting security in the amount sufficient to provide for the 
  5.36  actual costs of care and keeping of the animal.  The security 
  6.1   must be posted within five business days of the seizure, 
  6.2   inclusive of the day of the seizure. 
  6.3      (i) If circumstances exist that threaten the life of a 
  6.4   person or the life of another animal, the board, local law 
  6.5   enforcement, or a local animal control authority may seize a 
  6.6   regulated animal without providing prior notice, notice at the 
  6.7   time of seizure, or the opportunity for a hearing or court order.
  6.8      Subd. 6.  [DISPOSAL OF ANIMALS.] Upon proper determination 
  6.9   by a Minnesota licensed veterinarian, any regulated animal taken 
  6.10  into custody under this section may be immediately disposed of 
  6.11  when the regulated animal is suffering and is beyond cure 
  6.12  through reasonable care and treatment.  The authority taking 
  6.13  custody of the regulated animal may recover all costs incurred 
  6.14  under this section. 
  6.15     Subd. 7.  [EXEMPTIONS.] This section does not apply to: 
  6.16     (1) fur-bearing animals, as defined in section 97A.015, 
  6.17  possessed by a game farm that is licensed under section 97A.105 
  6.18  or bears possessed by a game farm that is licensed under section 
  6.19  97A.105; 
  6.20     (2) the Department of Natural Resources, or a person 
  6.21  authorized by permit issued by the commissioner of natural 
  6.22  resources pursuant to section 97A.401, subdivision 3; 
  6.23     (3) a Minnesota licensed or accredited research or medical 
  6.24  institution; or 
  6.25     (4) a circus, carnival, rodeo, or county fair. 
  6.26     Subd. 8.  [PENALTY.] The board may bring civil or criminal 
  6.27  charges as provided in sections 35.92 to 35.96 against a person 
  6.28  who knowingly violates provisions of this section.