HF 115

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to dogs; requiring certain dog owners to take responsible dog owner
classes and pass certain tests; requiring maintenance of a database; proposing
coding for new law in Minnesota Statutes, chapter 347.

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

Section 1.

new text begin [347.57] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections
347.57 to 347.67.
new text end

new text begin Subd. 2. new text end

new text begin Animal control authority. new text end

new text begin "Animal control authority" means an agency of
the state, county, municipality, or other governmental subdivision of the state which is
responsible for animal control operations in its jurisdiction.
new text end

new text begin Subd. 3. new text end

new text begin Class training manual. new text end

new text begin "Class training manual" means the materials used
to train the facilitator and the materials used by facilitators to train the dog owner.
new text end

new text begin Subd. 4. new text end

new text begin Dog owner. new text end

new text begin "Dog owner" means the owner of a dog that has been declared
dangerous or potentially dangerous.
new text end

new text begin Subd. 5. new text end

new text begin Facilitator. new text end

new text begin "Facilitator" means a person who teaches the responsible dog
owner class and administers the test to the dog owner.
new text end

new text begin Subd. 6. new text end

new text begin Program manager. new text end

new text begin "Program manager" means the person who oversees
and coordinates the responsible dog owner class, trains the facilitators, and handles
recordkeeping of the classes.
new text end

new text begin Subd. 7. new text end

new text begin Responsible dog owner class. new text end

new text begin "Responsible dog owner class" means a
class for owners of dogs that have been declared dangerous or potentially dangerous
under section 347.50.
new text end

Sec. 2.

new text begin [347.58] RESPONSIBLE DOG OWNER CLASS.
new text end

new text begin (a) The owner of a dog that has been declared dangerous or potentially dangerous
under section 347.50 must take and pass the responsible dog owner class lasting
approximately four hours. A photo identification of the dog owner is required at the time
of the class to confirm ownership of the dog. The dog owner must enroll in a class within
30 days of the dog being declared potentially dangerous or dangerous. The dog owner
must attend the class at the next scheduled class date. The class is for the owner of the
dog only; dogs are not allowed in the class.
new text end

new text begin (b) Dog owners who own dogs that were previously declared dangerous must
take the responsible dog owner class. The dog owner must attend the class at the next
scheduled class date after the effective date of this section.
new text end

new text begin (c) The Department of Public Safety must charge the dog owner a reasonable fee for
attending the class.
new text end

Sec. 3.

new text begin [347.59] PROGRAM MANAGER.
new text end

new text begin (a) The program manager must be:
new text end

new text begin (1) a veterinarian in good standing in Minnesota with a minimum of three years
experience; or
new text end

new text begin (2) a person with a minimum of five years experience working in an animal-related
field, including knowledge and training of dog behavior and education of the public on
dog behavior.
new text end

new text begin (b) A background check must be performed on a person applying to be a program
manager. The applicant must pass the background check without any violations prior to
being appointed. No person who has been convicted of animal cruelty under Minnesota
law or any other state law may be a program manager.
new text end

new text begin (c) The Department of Public Safety shall employ the program manager and
determine how much the program manager shall be paid for providing program manager
services.
new text end

Sec. 4.

new text begin [347.60] FACILITATOR.
new text end

new text begin A facilitator must have a minimum of five years experience in dog training or in
educating the public on dog behavior. A background check must be performed on a
facilitator and a facilitator must pass the background check without any violations prior to
that person being appointed and trained. No person who has been convicted of animal
cruelty under Minnesota law or any other state law may be a facilitator. A facilitator must
receive retraining by the program manager every three years to remain a facilitator.
new text end

Sec. 5.

new text begin [347.61] TRAINING.
new text end

new text begin Ongoing training must be provided by the program manager to facilitators, including
updating the class training manual and teaching facilitators current information.
new text end

Sec. 6.

new text begin [347.62] ANIMAL CONTROL AUTHORITY DUTIES.
new text end

new text begin The animal control authority that declares a dog dangerous or potentially dangerous
must provide the following information to the program manager and the Department of
Public Safety:
new text end

new text begin (1) name, address, and telephone number of the dog owner;
new text end

new text begin (2) description of the dog;
new text end

new text begin (3) a tracking number to identify the case; and
new text end

new text begin (4) any other pertinent information.
new text end

Sec. 7.

new text begin [347.63] NOTIFICATION.
new text end

new text begin The program manager must send a written notification to the owners of dogs
declared dangerous or potentially dangerous that they must register for a class within 30
days, how to register for the class, and any other pertinent information.
new text end

Sec. 8.

new text begin [347.64] CLASS TRAINING MANUAL; FORMS; CURRICULUM; TEST.
new text end

new text begin (a) The class training manual and curriculum must address the basic needs of the
dog, both behavioral and physical, and include education on dog care and dog behavior.
The class training manual, forms, test, and curriculum must be prepared in consultation
with a study commission and printed by the Department of Public Safety.
new text end

new text begin (b) Upon completion of the responsible dog owner class, a facilitator must administer
a multiple choice test to the dog owner and grade the test. A dog owner who fails the
test must retake the test within two weeks.
new text end

new text begin (c) If the owner of a dog declared dangerous fails the test twice, the animal control
authority must seize the animal and provide for disposition of the animal pursuant to
sections 347.54 and 347.541.
new text end

new text begin (d) If the owner of a dog declared potentially dangerous fails the test twice, the
animal control authority must make the determination as to disposition of the dog.
new text end

new text begin (e) If a dog owner fails to register for a responsible dog owner class or fails to appear
for the class and take the test, the dog owner must be considered as having failed the test.
new text end

new text begin (f) A facilitator must provide a certificate of class completion to a dog owner upon
successfully passing the test. A facilitator must forward a verification of completion or
non-completion form and the tests to the program manager. The program manager must
verify the information and forward it to the animal control authority and the Department
of Public Safety.
new text end

Sec. 9.

new text begin [347.65] LOCATION OF CLASS.
new text end

new text begin Responsible dog owner classes must be offered to dog owners at locations
determined by the program manager on a quarterly basis, as needed.
new text end

Sec. 10.

new text begin [347.66] TRANSFER OF OWNERSHIP.
new text end

new text begin If ownership of a dangerous or potentially dangerous dog is transferred to another
person, the new owner must take a responsible dog owner class and pass the test.
new text end

Sec. 11.

new text begin [347.67] STATEWIDE RECORDS; REPORTING; DATABASE.
new text end

new text begin A database must be maintained by the Department of Public Safety containing
records of all dogs in Minnesota declared potentially dangerous or dangerous, and
owner information, including any convictions for violations of section 347.51; 347.515;
347.56; 609.205, subdivision 4; or 609.226, subdivision 1 or 2; and any dogs owned
by that person that have been ordered destroyed under section 347.56, as well as other
information pertinent to enforcement of sections 347.50 to 347.565. The database must
also contain information regarding the test results of the responsible dog owner class.
The commissioner of public safety, in consultation with animal control professionals,
must determine what information will be kept in this database. This database must be
accessible, only for purposes of law enforcement, to all police and sheriff departments
and other local government departments responsible for conducting or overseeing animal
control operations in their jurisdictions, with the exception that private animal control
authorities contracted to local government agencies may only access these records
through, and with the permission of, those local government agencies. All Minnesota law
enforcement agencies and animal control authorities must report in a timely manner to the
Department of Public Safety any information required under this section.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 3 to 6, 9, and 11 are effective the day following final enactment. Sections
2, 7, 8, and 10 are effective six months after that day.
new text end