HF 1098

as introduced - 87th Legislature (2011 - 2012) Posted on 03/05/2012 10:14am

A bill for an act
relating to animals; changing certain requirements for disposition of certain
animals; imposing a penalty; amending Minnesota Statutes 2010, sections 35.71,
subdivisions 1, 3, 7, by adding subdivisions; 347.54, subdivisions 2, 3; repealing
Minnesota Statutes 2010, section 35.71, subdivisions 2, 4, 5, 6.

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

Section 1.

Minnesota Statutes 2010, section 35.71, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section, "establishment" means any
public or private agency, person, society, or corporation having custody of animals which
are seized under the authority of the state or any political subdivision of the state new text begin . new text end deleted text begin and
"institution" means a school or college of agriculture, veterinary medicine, medicine,
pharmacy, or dentistry, or an educational or scientific establishment properly concerned
with investigation or instruction concerning the structure or functions of living organisms
or the cause, prevention, control, or cure of diseases or abnormal conditions of human
beings or animals.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 35.71, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Stray animals; seizure, disposition deleted text end new text begin Seized animals; impoundment;
record keeping new text end .

All animals seized by public authority must be held for redemption by
the owner for at least five regular business days of the impounding agency or for a longer
time specified by municipal ordinance. For the purpose of this subdivision, "regular
business day" means a day during which the establishment having custody of an animal is
open to the public not less than four consecutive hours between the hours of 8:00 a.m. and
7:00 p.m. Establishments must maintain the following records of the animals in custody,
and preserve the records for at least six months:

(a) the description of the animal by species, breed, sex, approximate age, and other
distinguishing traits;

(b) the location at which the animal was seized;

(c) the date of seizure;

(d) the name and address of the person from whom any animal three months of age
or over was received; and

(e) the name and address of the person to whom any animal three months of age
or over was transferred.

The records must be maintained in a form permitting easy perusal by the public.
A person may view the records and animals in custody at any time during which the
establishment is open to the public. deleted text begin At the end of the five-day period, all animals
which remain unredeemed must be made available to any licensed institution which has
requested that number of animals. However, if a tag affixed to the animal or a statement
by the animal's owner after the animal's seizure specifies that the animal may not be used
for research, the animal must not be made available to any institution and may, in the
discretion of the establishment, be destroyed after the expiration of the five-day period. If
a request is made by a licensed institution to an establishment for more animals than are
available at the time of the request, the establishment must withhold from destruction all
unclaimed and unredeemed animals until the request has been filled. The actual expense
of holding animals beyond the time of notice to the institution of their availability must be
borne by the institution receiving them. An establishment which fails or refuses to comply
with this section is ineligible for any further public funds from any county or municipality.
Upon receipt of a sworn statement by an authorized officer or employee of a licensed
institution of noncompliance by any establishment with this section, the treasurer of any
municipality or other political subdivision of the state may not pay any public funds to the
establishment until the complainant withdraws its statement of noncompliance or until the
board either determines that the complaint of noncompliance was without foundation or
that the establishment has given adequate assurance of future compliance and the treasurer
of the municipality or other political subdivision has been notified of the determination
in writing. If it appears upon a person's complaint that an officer, agent, or employee of
an establishment is violating or failing to carry out the provisions of this section, the
attorney general or county attorney of the county in which the establishment is located, in
addition to any other remedies, may bring an action in the name of the state against the
establishment, officer, agent, or employee to enjoin compliance with this section.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 35.71, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Release of animals. new text end

new text begin No person may release any animal from the
custody or control of an establishment for any purpose except adoption or to improve
the opportunity for adoption, redemption by the owner of the animal, or other suitable
placement in the best interest of the animal. "Improve the opportunity for adoption"
includes the temporary transfer of an animal to a veterinarian or college of veterinary
medicine for the purpose of sterilization or needed veterinary care.
new text end

Sec. 4.

Minnesota Statutes 2010, section 35.71, subdivision 7, is amended to read:

Subd. 7.

Rules.

The board may adopt rules consistent with this section necessary to
carry out the provisions of this section new text begin . new text end deleted text begin , and may, if the board considers it advisable or in
the public interest, inspect or investigate any institution which has applied for a license or
has been granted a license under this section.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 35.71, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Violation; penalty. new text end

new text begin Violation of this section is a gross misdemeanor.
new text end

Sec. 6.

Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:

Subd. 2.

Reclaimed.

A dangerous dog seized under subdivision 1 may be reclaimed
by the owner of the dog upon payment of impounding and boarding fees, and presenting
proof to the appropriate animal control authority that the requirements of sections 347.51
and 347.52 will be met. A dog not reclaimed under this subdivision within seven days
may be disposed of deleted text begin as provided under section 35.71, subdivision 3 deleted text end new text begin in a manner permitted
by law new text end , and the owner is liable to the animal control authority for costs incurred in
confining and disposing of the dog.

Sec. 7.

Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:

Subd. 3.

Subsequent offenses; seizure.

If a person has been convicted of a
misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the
person is charged with a subsequent violation relating to the same dog, the dog must be
seized by the animal control authority having jurisdiction. If the owner is convicted of the
crime for which the dog was seized, the court shall order that the dog be destroyed in a
proper and humane manner and the owner pay the cost of confining and destroying the
animal. If the owner is not convicted and the dog is not reclaimed by the owner within
seven days after the owner has been notified that the dog may be reclaimed, the dog may be
disposed of deleted text begin as provided under section 35.71, subdivision 3 deleted text end new text begin in a manner permitted by law new text end .

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 35.71, subdivisions 2, 4, 5, and 6, new text end new text begin are repealed.
new text end