HF 3449

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; prohibiting the introduction 
  1.3             or threatened introduction of certain livestock, 
  1.4             poultry, or wild deer pathogens; creating a civil 
  1.5             action; imposing criminal penalties; proposing coding 
  1.6             for new law in Minnesota Statutes, chapter 609. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [609.712] [INTRODUCING OR THREATENING TO 
  1.9   INTRODUCE LIVESTOCK, POULTRY, OR WILD DEER PATHOGENS.] 
  1.10     Subdivision 1.  [LIVESTOCK AND POULTRY.] (a) Whoever 
  1.11  intentionally threatens to introduce an organism pathogenic to 
  1.12  livestock or poultry located in this state without the consent 
  1.13  of the owner of the livestock or poultry is guilty of a felony 
  1.14  if: 
  1.15     (1) the owner of the livestock or poultry is aware of the 
  1.16  threat and reasonably believes that the actor will attempt to 
  1.17  carry out the threat; or 
  1.18     (2) the owner of the livestock or poultry is unaware of the 
  1.19  threat, but if the owner were apprised of the threat, it would 
  1.20  be reasonable for the owner to believe that the actor would 
  1.21  attempt to carry out the threat.  
  1.22     (b) Whoever intentionally introduces an organism pathogenic 
  1.23  to livestock or poultry is guilty of a felony. 
  1.24     Subd. 2.  [WILD DEER.] (a) Whoever intentionally threatens 
  1.25  to introduce an organism pathogenic to wild deer located in this 
  1.26  state without the consent of the department of natural resources 
  2.1   is guilty of a felony if: 
  2.2      (1) the department of natural resources is aware of the 
  2.3   threat and reasonably believes that the actor will attempt to 
  2.4   carry out the threat; or 
  2.5      (2) the department of natural resources is unaware of the 
  2.6   threat, but if the department were apprised of the threat, it 
  2.7   would be reasonable for the department to believe that the actor 
  2.8   would attempt to carry out the threat. 
  2.9      (b) Whoever intentionally introduces an organism pathogenic 
  2.10  to wild deer is guilty of a felony. 
  2.11     Subd. 3.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
  2.12  defense to criminal liability under this subdivision that the 
  2.13  organism has a recognized therapeutic veterinary purpose. 
  2.14     Subd. 4.  [PENALTY.] (a) A person convicted of violating 
  2.15  subdivision 1, paragraph (a), or subdivision 2, paragraph (a), 
  2.16  may be sentenced to imprisonment for not more than five years or 
  2.17  to payment of a fine of not more than $10,000, or both. 
  2.18     (b) A person convicted of violating subdivision 1, 
  2.19  paragraph (b), or subdivision 2, paragraph (b), may be sentenced 
  2.20  to imprisonment for not more than ten years or to payment of a 
  2.21  fine of not more than $20,000, or both. 
  2.22     Subd. 5.  [CIVIL ACTION.] Any person injured by a violation 
  2.23  of subdivision 1 may bring an action for the damages sustained, 
  2.24  costs, and attorney fees. 
  2.25     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.26     Section 1 is effective August 1, 2002, for crimes committed 
  2.27  and causes of action arising on or after that date.