HF 1732

Introduction - 83rd Legislature (2003 - 2004)

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

  1.1                          A bill for an act 
  1.2             relating to crime; prohibiting intentional 
  1.3             introduction of disease to domestic animals; 
  1.4             prohibiting certain trespass on agricultural land; 
  1.5             providing a civil remedy; providing criminal 
  1.6             penalties; amending Minnesota Statutes 2002, section 
  1.7             609.605, by adding a subdivision; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 609. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [609.599] [EXPOSING DOMESTIC ANIMALS TO 
  1.11  DISEASE.] 
  1.12     Subdivision 1.  [GROSS MISDEMEANOR.] A person who 
  1.13  intentionally exposes a domestic animal to an animal disease 
  1.14  contrary to reasonable veterinary practice, or intentionally 
  1.15  puts a domestic animal at risk of quarantine or destruction by 
  1.16  actions contrary to reasonable veterinary practice, is guilty of 
  1.17  a gross misdemeanor. 
  1.18     Subd. 2.  [CIVIL LIABILITY.] A person who violates 
  1.19  subdivision 1 is liable in a civil action for damages in an 
  1.20  amount three times the value of any domestic animal destroyed 
  1.21  because it has the disease, has been exposed to the disease 
  1.22  agent, or is at high risk of being exposed to the disease agent 
  1.23  because of proximity to diseased animals.  
  1.24     Subd. 3.  [DEFINITION.] For purposes of this section, 
  1.25  "domestic animal" means: 
  1.26     (1) an animal that is a member of a species domesticated by 
  1.27  humans; 
  2.1      (2) a farm-raised deer, farm-raised game bird, or 
  2.2   farm-raised fish; or 
  2.3      (3) an animal listed as a domestic animal by a rule adopted 
  2.4   by the Department of Agriculture. 
  2.5      Sec. 2.  Minnesota Statutes 2002, section 609.605, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 5.  [CERTAIN TRESPASS ON AGRICULTURAL LAND.] (a) A 
  2.8   person is guilty of a gross misdemeanor if the person 
  2.9   intentionally enters the posted premises of another on which 
  2.10  domestic animals within the meaning of section 35.01, 
  2.11  subdivision 3, are kept, without the consent of the owner or 
  2.12  lawful occupant of the land. 
  2.13     (b) "Domestic animal," for purposes of this section, has 
  2.14  the meaning given in section 609.599. 
  2.15     (c) "Posted," as used in paragraph (a), means the placement 
  2.16  of a sign at least 11 inches square in a conspicuous place at 
  2.17  each entry to the premises.  The sign must state:  "Bio-security 
  2.18  measures are in force.  No entrance beyond this point without 
  2.19  authorization."  The sign may also contain a telephone number or 
  2.20  a location for obtaining such authorization. 
  2.21     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.22     (a) Section 1, subdivisions 1 and 3, and section 2 are 
  2.23  effective August 1, 2004, for offenses committed on or after 
  2.24  that date. 
  2.25     (b) Section 1, subdivisions 2 and 3, are effective August 
  2.26  1, 2004, for causes of action arising on or after that date.