HF 297

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 04:15pm

A bill for an act
relating to public safety; creating a statewide dangerous dog database; requiring
animal control authorities to implant microchips in some dangerous and potentially
dangerous dogs; amending Minnesota Statutes 2018, sections 13.6905, by adding
a subdivision; 347.51, subdivision 2, by adding a subdivision; 347.515; proposing
coding for new law in Minnesota Statutes, chapter 347.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Dangerous dog database data. new text end

new text begin Access to data maintained in the dangerous
dog database is governed by section 347.513.
new text end

Sec. 2.

Minnesota Statutes 2018, section 347.51, subdivision 2, is amended to read:

Subd. 2.

Registration.

new text begin (a) new text end An animal control authority shall issue a certificate of
registration to the owner of a dangerous dog if the owner presents sufficient evidence that:

(1) a proper enclosure exists for the dangerous dog and a posting on the premises with
a clearly visible warning sign that there is a dangerous dog on the property, including a
warning symbol to inform children;

(2) a surety bond issued by a surety company authorized to conduct business in this state
in a form acceptable to the animal control authority in the sum of at least $300,000, payable
to any person injured by the dangerous dog, or a policy of liability insurance issued by an
insurance company authorized to conduct business in this state in the amount of at least
$300,000, insuring the owner for any personal injuries inflicted by the dangerous dog;

(3) the owner has paid an annual fee of not more than $500, in addition to any regular
dog licensing fees, to obtain a certificate of registration for a dangerous dog under this
section; and

(4) the owner has had microchip identification implanted in the dangerous dog as required
under section 347.515.

new text begin (b) If the identification number of the microchip implanted in the dangerous dog is
identical to an identification number in the dangerous dog database maintained pursuant to
section 347.513, the animal control authority shall verify and update the information in the
database. If the owner seeking a certificate of registration is not the same as the owner listed
in the database, the animal control authority shall notify the owner seeking a certificate that
the dog was previously registered as a dangerous dog.
new text end

Sec. 3.

Minnesota Statutes 2018, section 347.51, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Reporting. new text end

new text begin (a) When an animal control authority issues a certificate of
registration to the owner of a dangerous dog pursuant to subdivision 2, verifies the existence
of a microchip for identification purposes in a dangerous or potentially dangerous dog, or
implants a microchip for identification purposes into a dangerous or potentially dangerous
dog pursuant to section 347.515, the animal control authority shall notify the commissioner
of public safety of the following:
new text end

new text begin (1) the name and address of the owner;
new text end

new text begin (2) the name of the dog;
new text end

new text begin (3) a physical description of the dog including but not limited to the breed, color, and
sex; and
new text end

new text begin (4) the name of the microchip manufacturer and identification number of the microchip
implanted in the dog.
new text end

new text begin (b) In addition to the required notice under paragraph (a), an animal control authority
must notify the commissioner of public safety when the animal control authority:
new text end

new text begin (1) rescinds a dangerous dog designation pursuant to subdivision 3a;
new text end

new text begin (2) receives notice that a dangerous dog designation has been overturned pursuant to
section 347.541;
new text end

new text begin (3) becomes aware of the death of a dangerous dog; or
new text end

new text begin (4) becomes aware of the transfer of a dangerous dog to a new location where the dog
will reside.
new text end

Sec. 4.

new text begin [347.513] DANGEROUS DOG DATABASE.
new text end

new text begin The commissioner of public safety shall develop and maintain a computerized data
system relating to dangerous and potentially dangerous dogs under sections 347.50 to
347.565. The system must include the data required to be provided under section 347.51,
subdivision 10. The commissioner shall maintain this data in a manner that ensures it is
readily available to law enforcement agencies and animal control authorities and can be
searched by the identification number of the microchip implanted in a dog. In developing
the computerized data system, the commissioner shall consult with local law enforcement
agencies and animal control authorities. Except as provided in section 347.51, subdivision
2, paragraph (b), data included in the dangerous dog database is private data on individuals
under section 13.02, subdivision 12, but may be used by a law enforcement agency or an
animal control authority for law enforcement or animal control purposes.
new text end

Sec. 5.

Minnesota Statutes 2018, section 347.515, is amended to read:

347.515 MICROCHIP IDENTIFICATION.

The owner of a dangerous or potentially dangerous dog must have a microchip implanted
in the dog for identification, and the name of the microchip manufacturer and identification
number of the microchip must be provided to new text begin , and verified by, new text end the animal control authority.
If the microchip is not implanted by the owner, it may be implanted by the animal control
authority. deleted text begin In either case, deleted text end new text begin Notwithstanding any law to the contrary, if a dangerous or
potentially dangerous dog is in the custody of an animal control authority for any reason
and does not have a microchip implanted for identification purposes, the animal control
authority shall implant such a microchip before releasing the dog to an owner. new text end All costs
related to new text begin the new text end purchase and implantation of deleted text begin the deleted text end new text begin a new text end microchip new text begin under this section new text end must be borne
by the dog's owner.