SF 2636

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to animals; imposing limits on ownership, 
  1.3             possession, and commerce in certain wild animals; 
  1.4             imposing a penalty; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [145.366] [OWNING DANGEROUS ANIMALS.] 
  1.8      Subdivision 1.  [PURPOSE.] The purpose of this section is 
  1.9   to promote animal and public health by imposing reasonable 
  1.10  restrictions on importing, transporting, selling, transferring, 
  1.11  bartering, owning, or possessing wild animals that: 
  1.12     (1) pose a possibility of harmful competition for 
  1.13  indigenous wildlife; 
  1.14     (2) pose a possibility of the introduction of a disease or 
  1.15  pest harmful to indigenous wildlife or the state's agricultural 
  1.16  interests; 
  1.17     (3) pose a possibility of threatening wildlife populations 
  1.18  or other natural resources; 
  1.19     (4) pose a possibility of endangering the physical safety 
  1.20  of human beings; or 
  1.21     (5) appear on any list of endangered wildlife or endangered 
  1.22  species compiled and maintained by either the state or federal 
  1.23  government. 
  1.24     Subd. 2.  [DEFINITIONS.] (a) The definitions in this 
  1.25  subdivision apply to this section. 
  2.1      (b) "AZA" means the American Zoo and Aquarium Association. 
  2.2      (c) "Prohibited animal" means: 
  2.3      (1) all members of the felidae family except domestic cats, 
  2.4   including, but not limited to, lions, tigers, cougars, leopards, 
  2.5   cheetahs, ocelots, and servals; 
  2.6      (2) bears; and 
  2.7      (3) all nonhuman primates, including, but not limited to, 
  2.8   lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, 
  2.9   lorises, and tamarins. 
  2.10     "Prohibited animal" includes any hybrid or cross between 
  2.11  any combination of an animal listed in clause (1), (2), or (3) 
  2.12  and a domestic animal and offspring from all subsequent 
  2.13  generations of those crosses or hybrids. 
  2.14     Subd. 3.  [POSSESSION OF PROHIBITED ANIMALS.] (a) It is 
  2.15  unlawful for a person to possess a prohibited animal. 
  2.16     (b) A person who on the effective date of this section 
  2.17  possesses a prohibited animal has 12 months to come in 
  2.18  compliance with AZA guidelines for animal care and maintenance 
  2.19  of that animal, but must not take possession of a new prohibited 
  2.20  animal or breed prohibited animals after the effective date of 
  2.21  this section. 
  2.22     (c) Any person or entity may not bring a prohibited animal 
  2.23  to any commercial, retail, or educational establishment except 
  2.24  to take the animal to a veterinarian. 
  2.25     (d) The prohibitions in paragraphs (a) to (c) do not apply 
  2.26  to a person who is accredited by the AZA or is an accredited 
  2.27  college, university, or other research facility that can 
  2.28  demonstrate compliance with AZA guidelines for animal care and 
  2.29  maintenance. 
  2.30     Subd. 4.  [PENALTIES; ENFORCEMENT.] (a) A person convicted 
  2.31  of violating this section is guilty of a misdemeanor and, upon 
  2.32  conviction, is subject to a fine of $200 or imprisonment for not 
  2.33  more than 30 days.  A person who is convicted of a second or 
  2.34  subsequent offense must be fined $1,000, none of which may be 
  2.35  suspended or remitted. 
  2.36     (b) This section must be enforced by county, city, or town 
  3.1   authorities.