HF 1850

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 05:03pm

A bill for an act
relating to public safety; prevention of cruelty to animals; creating the Office of
Animal Protection; requiring a report; appropriating money; proposing coding for
new law in Minnesota Statutes, chapter 299A.

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

Section 1.

new text begin [299A.86] OFFICE OF ANIMAL PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given.
new text end

new text begin (a) "Animal" means an animal commonly kept as a pet in households in the United
States, including dogs, cats, rabbits, guinea pigs, ferrets, small rodents, small nonnative
birds, and small nonvenomous amphibians and reptiles.
new text end

new text begin (b) "Animal rescue" means any person, group, agency, society, firm, or corporation that
takes in, accepts, or receives animals that are unwanted, surrendered, strayed, abandoned,
obtained from municipalities, or purchased, with the intent or purpose of subsequently
placing the animals in permanent homes. An animal rescue keeps animals in a person's
private home until a permanent home is found for the animals. An animal rescue does not
generally use a central facility to house animals.
new text end

new text begin (c) "Animal shelter" means any place, building, tract of land, abode, or vehicle where
animals are taken in, accepted, or received and kept that are unwanted, surrendered, strayed,
abandoned, obtained from municipalities, or purchased, with the intent or purpose of
subsequently placing them in permanent homes. Animal shelter does not include a person's
home where animals are kept as pets solely for the person's own use or enjoyment.
new text end

new text begin (d) "Director" means the director of the Office of Animal Protection.
new text end

new text begin (e) "Office" means the Office of Animal Protection.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner of public safety shall establish and maintain
the Office of Animal Protection as an office within the Department of Public Safety.
new text end

new text begin Subd. 3. new text end

new text begin Director; staff. new text end

new text begin (a) The commissioner of public safety must appoint as a director
a person who is highly qualified and knowledgeable about law enforcement, animal welfare,
the prevention of animal cruelty, rescuing and providing temporary shelter to animals, and
dangerous dog law.
new text end

new text begin (b) The director may select, appoint, and compensate out of available funds assistants
and employees, including animal protection officers, as necessary to discharge the office's
responsibilities.
new text end

new text begin (c) The director and the office's full-time staff shall be members of the Minnesota State
Retirement System.
new text end

new text begin (d) The director shall create a Division of Enforcement as a separate division of the
Office of Animal Protection. The director shall appoint a director of the division. The director
may place the division director's position in the unclassified service if the position meets
the criteria established in section 43A.08, subdivision 1a.
new text end

new text begin (e) Animal protection officers shall be sworn peace officers as defined in section 626.84,
subdivision 1, paragraph (c), charged with statewide prevention and detection of crimes
against animals and the enforcement of laws of the state regarding animal cruelty and welfare
and shall have the full power of arrest.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The Office of Animal Protection shall have the following duties:
new text end

new text begin (1) to promote programs to protect the welfare of animals;
new text end

new text begin (2) to coordinate with local law enforcement officers to enforce the requirements in
chapters 343 and 346 regarding animal welfare and the prevention of animal cruelty;
new text end

new text begin (3) to investigate alleged crimes against animals in accordance with the requirements
in sections 343.12 and 343.22;
new text end

new text begin (4) to provide training programs regarding the prevention of animal cruelty and
investigation of animal cruelty allegations;
new text end

new text begin (5) to provide assistance in locating shelters for displaced animals during emergencies
or natural disasters;
new text end

new text begin (6) to establish and maintain a statewide dangerous dog database; and
new text end

new text begin (7) upon request from local law enforcement agencies, to investigate alleged violations
of sections 347.50 to 347.565 regarding dangerous dogs.
new text end

new text begin Subd. 5. new text end

new text begin Education and communication. new text end

new text begin The Office of Animal Protection shall:
new text end

new text begin (1) establish and maintain a website that provides information and resources regarding
animal care;
new text end

new text begin (2) support and promote education and outreach campaigns regarding animal welfare
and the prevention of crimes against animals;
new text end

new text begin (3) establish and maintain a database of trained volunteers, animal rescues, and animal
shelters in the state who may assist with providing or provide temporary shelter to animals
during emergencies or natural disasters;
new text end

new text begin (4) develop and host training seminars for individuals interested in volunteering or
providing temporary shelter for animals during emergencies or natural disasters;
new text end

new text begin (5) coordinate with cities and counties to collect information on dangerous dogs;
new text end

new text begin (6) create and maintain a training curriculum for professionals who may encounter animal
crimes within the scope of the professionals' duties;
new text end

new text begin (7) provide training programs to professionals, students, police officers, and humane
agents as specified in sections 343.01 to 343.12 in preventing crimes against animals; and
new text end

new text begin (8) maintain a registry of individuals who qualify as expert witnesses in animal cruelty
cases.
new text end

new text begin Subd. 6. new text end

new text begin Coordination with other organizations. new text end

new text begin In fulfilling the office's duties, the
office must collaborate with other state agencies that are responsible for investigating,
prosecuting, and adjudicating cases involving animal cruelty or welfare in the state, including
the Board of Animal Health, United States Department of Agriculture, Department of
Agriculture, Department of Natural Resources, Board of Veterinary Medicine, local and
state police officers and sheriffs, city and county attorneys, and humane agents as defined
under sections 343.01 to 343.12
new text end

new text begin Subd. 7. new text end

new text begin Grants. new text end

new text begin The office may make grants from money available in the Office of
Animal Protection account in the special revenue fund to assist Minnesota-based local
governments, veterinary clinics, and postsecondary institutions to support the activities and
purposes established under subdivision 4.
new text end

new text begin Subd. 8. new text end

new text begin Reports. new text end

new text begin (a) The office must report annually to the legislative committees with
jurisdiction over animals on grants made under subdivision 7 in the previous calendar year.
The report must include the amounts of the grants issued, the geographic distribution of the
grants, and measurable outcomes including the number of education and outreach programs
conducted and the number of animals served.
new text end

new text begin (b) On or before November 1 of each year, the office must publish and make available
an annual report on the office's efforts to:
new text end

new text begin (1) protect the welfare of animals;
new text end

new text begin (2) enforce laws related to animal welfare and the prevention of animal cruelty;
new text end

new text begin (3) train professionals on preventing animal crimes;
new text end

new text begin (4) develop and maintain a statewide dangerous dog database; and
new text end

new text begin (5) investigate violations of the laws for dangerous dogs.
new text end

new text begin Subd. 9. new text end

new text begin Money received from other sources; gifts. new text end

new text begin The office may accept and use
gifts, grants, or contributions from any source to support the office. The office may apply
for and accept grants of money from the United States, the state, a subdivision of the state,
a foundation, or a person for any of the office's purposes. Money received directly for the
Office of Animal Protection must be deposited in the Office of Animal Protection account
in the special revenue fund for use by the office.
new text end

new text begin Subd. 10. new text end

new text begin Office of Animal Protection account; appropriation. new text end

new text begin An Office of Animal
Protection account is created in the special revenue fund. All fees and penalties collected
by the office under this chapter, money received by the office as gifts or grants, or other
private or public funds obtained for the purposes of this section must be deposited in the
state treasury and credited to the Office of Animal Protection account in the special revenue
fund. Money in the account, including interest on the account, is annually appropriated to
the office for the purposes of this section.
new text end

Sec. 2. new text begin APPROPRIATION; OFFICE OF ANIMAL PROTECTION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the Office of Animal Protection for the purposes of carrying out the office's duties
under section 299A.86.
new text end