HF 1593

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; regulating certain bears, 
  1.3             primates, and members of the Felidae family; imposing 
  1.4             a penalty; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 346. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [346.155] [OWNING DANGEROUS ANIMALS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (b) "Person" means a natural person, firm, partnership, 
  1.11  corporation, or association, however organized. 
  1.12     (c) "Wildlife sanctuary" means a 501(c)(3) nonprofit 
  1.13  organization that: 
  1.14     (1) operates a place of refuge where abused, neglected, 
  1.15  unwanted, impounded, abandoned, orphaned, or displaced wildlife 
  1.16  are provided care for their lifetime; 
  1.17     (2) does not conduct any commercial activity with respect 
  1.18  to any animal of which the organization is an owner; and 
  1.19     (3) does not buy, sell, trade, auction, lease, loan, or 
  1.20  breed any animal of which the organization is an owner, except 
  1.21  as an integral part of the species survival plan of the American 
  1.22  Zoo and Aquarium Association. 
  1.23     (d) "Possess" means to own, care for, have custody of, or 
  1.24  control. 
  1.25     (e) "Regulated animal" means: 
  2.1      (1) all members of the Felidae family including, but not 
  2.2   limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, 
  2.3   and servals, but not including domestic cats or cats recognized 
  2.4   as a domestic breed, registered as a domestic breed, and shown 
  2.5   as a domestic breed by a national or international multibreed 
  2.6   cat registry association; 
  2.7      (2) bears; and 
  2.8      (3) all nonhuman primates, including, but not limited to, 
  2.9   lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, 
  2.10  lorises, and tamarins. 
  2.11     "Regulated animal" includes any hybrid or cross between an 
  2.12  animal listed in clause (1), (2), or (3) and a domestic animal 
  2.13  and offspring from all subsequent generations of those crosses 
  2.14  or hybrids. 
  2.15     (f) "Local animal control authority" means an agency of the 
  2.16  state, county, municipality, or other governmental subdivision 
  2.17  of the state that is responsible for animal control operations 
  2.18  in its jurisdiction. 
  2.19     Subd. 2.  [POSSESSION OF REGULATED ANIMALS.] (a) Except as 
  2.20  provided in this section, it is unlawful for a person to possess 
  2.21  a regulated animal. 
  2.22     (b) A person who possesses a regulated animal on the 
  2.23  effective date of this section has 120 days to come into 
  2.24  compliance with regulations promulgated by the United States 
  2.25  Department of Agriculture for regulated animals under the Animal 
  2.26  Welfare Act, Public Law 89-544, and its subsequent amendments, 
  2.27  and the regulations adopted under that act relating to 
  2.28  facilities and operations, animal health and husbandry, and 
  2.29  veterinary care for regulated animals. 
  2.30     (c) Except as provided in paragraph (e), a person must not 
  2.31  take possession of a regulated animal after the effective date 
  2.32  of this section. 
  2.33     (d) Except as provided in paragraph (e), only a person who 
  2.34  possesses a valid United States Department of Agriculture 
  2.35  license is allowed to breed regulated animals after the 
  2.36  effective date of this section. 
  3.1      (e) Except as provided in paragraph (g), a person who 
  3.2   possesses a valid United States Department of Agriculture 
  3.3   license or is registered with a local animal control authority 
  3.4   under this section and is in compliance with the United States 
  3.5   Department of Agriculture Animal Welfare Act regulations and 
  3.6   standards on the effective date of this section may breed, 
  3.7   purchase, or otherwise acquire new regulated animals after the 
  3.8   effective date of this section in order to maintain their 
  3.9   inventory, or to sell regulated animals to other United States 
  3.10  Department of Agriculture licensed and compliant facilities, to 
  3.11  persons registered under this section, or to exempt facilities 
  3.12  under subdivision 7.  For purposes of this paragraph, "maintain 
  3.13  their inventory" includes adding additional regulated animals as 
  3.14  necessary to maintain their operation up to 125 percent of the 
  3.15  number of regulated animals at the time of registration. 
  3.16     (f) Except as provided in paragraph (g), a person who does 
  3.17  not hold a United States Department of Agriculture license for 
  3.18  regulated animals and is in compliance with this section may 
  3.19  replace a tiger or lion possessed by the person on the effective 
  3.20  date of this section if the animal dies, but may replace it only 
  3.21  once. 
  3.22     (g) If a regulated animal dies of neglect or cruelty, is 
  3.23  seized pursuant to subdivision 5, or if the person is involved 
  3.24  in illegal activities, the person cannot acquire a replacement 
  3.25  animal. 
  3.26     Subd. 3.  [REGISTRATION.] (a) Within 60 days after the 
  3.27  effective date of this section, a person who possesses a 
  3.28  regulated animal must notify in writing the local animal control 
  3.29  authority using a registration form approved by the Board of 
  3.30  Animal Health.  The notification must include the person's name, 
  3.31  address, telephone number, and a complete inventory of each 
  3.32  regulated animal that the person possesses.  The inventory shall 
  3.33  include the following information:  number and species of each 
  3.34  regulated animal; the microchip number and manufacturer for each 
  3.35  regulated animal if available; the exact location where each 
  3.36  regulated animal is kept; and age, sex, color, weight, scars, 
  4.1   and any distinguishing marks of each regulated animal. 
  4.2      (b) If a person who possesses a regulated animal has a 
  4.3   microchip implanted in the animal for identification, the name 
  4.4   of the microchip manufacturer and the identification number of 
  4.5   the microchip must be provided to the local animal control 
  4.6   authority. 
  4.7      (c) If a local animal control authority performs an initial 
  4.8   site inspection, a fee of up to $50 may be charged.  An annual 
  4.9   fee of $25 per animal to register regulated animals up to a 
  4.10  maximum of $100 annually per person may be charged.  The local 
  4.11  animal control authority may charge an additional site 
  4.12  inspection fee of $50 if the person acquires and possesses 
  4.13  another type of regulated animal.  A certificate of registration 
  4.14  must be issued by the local animal control authority to the 
  4.15  person upon payment of the fee. 
  4.16     Subd. 4.  [REQUIREMENTS.] (a) A person who possesses a 
  4.17  regulated animal must maintain health and ownership records on 
  4.18  each animal and must maintain the records for five years. 
  4.19     (b) A person who possesses a regulated animal must maintain 
  4.20  an ongoing program of veterinary care which includes a 
  4.21  veterinary visit to the premises at least annually. 
  4.22     (c) A person who possesses a regulated animal must notify 
  4.23  the local animal control authority in writing within ten days of 
  4.24  a change in address or location where the regulated animal is 
  4.25  kept.  
  4.26     (d) A person who possesses a regulated animal must 
  4.27  prominently display a sign on the enclosure where the animal is 
  4.28  housed indicating the presence of a regulated animal. 
  4.29     (e) A person who possesses a regulated animal must notify, 
  4.30  as soon as practicable, local law enforcement officials of any 
  4.31  escape of a regulated animal.  The person who possesses the 
  4.32  regulated animal is liable for any costs incurred by any person, 
  4.33  city, county, or state agency resulting from the escape of a 
  4.34  regulated animal unless the escape is due to a criminal act or a 
  4.35  natural event. 
  4.36     (f) A person who possesses a regulated animal must maintain 
  5.1   a written recovery plan in the event of the escape of a 
  5.2   regulated animal.  The person must maintain a tranquilizer gun, 
  5.3   tranquilizers, live traps, or other equipment necessary to 
  5.4   assist in the recovery of the regulated animal. 
  5.5      (g) If a person who possesses a regulated animal can no 
  5.6   longer care for the animal, the person shall take steps to find 
  5.7   long-term placement for the regulated animal. 
  5.8      Subd. 5.  [SEIZURE.] (a) If the local animal control 
  5.9   authority determines that a person who possesses one or more 
  5.10  regulated animals is not in compliance with the requirements of 
  5.11  this section, the local animal control authority shall provide 
  5.12  written notice and warning to the person and commence 
  5.13  appropriate actions to seize the animal or animals. 
  5.14     (b) A person notified by the local animal control authority 
  5.15  under paragraph (a) may submit to the local animal control 
  5.16  authority a written request for a temporary permit to retain 
  5.17  custody of the animal or animals for up to 30 days, during which 
  5.18  time the person shall take all necessary actions to come into 
  5.19  compliance.  During the 30-day period, the local animal control 
  5.20  authority may inspect, at any reasonable time, the premises 
  5.21  where a regulated animal is kept. 
  5.22     (c) If a person who possesses one or more regulated animals 
  5.23  is not in compliance with this section following the 30-day 
  5.24  period allowed in paragraph (b), the local animal control 
  5.25  authority may seize the animal or animals on the premises.  The 
  5.26  local animal control authority must provide a notice of the 
  5.27  seizure by delivering and mailing it to the owner, by posting a 
  5.28  copy of it at the place where the animal is taken into custody, 
  5.29  or by delivering it to a person residing on the property and 
  5.30  informing the owner by telephone, if possible.  The notice must 
  5.31  include: 
  5.32     (1) a description of the animal or animals seized; 
  5.33     (2) the authority and purpose for the seizure; 
  5.34     (3) the time, place, and circumstances under which the 
  5.35  animal or animals were seized; and 
  5.36     (4) a contact person and telephone number. 
  6.1      (d) The notice provided to the person from whom a regulated 
  6.2   animal was seized must include statements that: 
  6.3      (1) the person may post a security deposit with the local 
  6.4   animal control authority to prevent disposition or destruction 
  6.5   of the animal or animals; 
  6.6      (2) the person may fill out a form provided with the notice 
  6.7   to request a hearing concerning the seizure; 
  6.8      (3) failure to post a security deposit within five business 
  6.9   days following the date of the seizure may result in disposal or 
  6.10  other disposition of the animal; and 
  6.11     (4) the actual costs of care, keeping, and disposal or 
  6.12  destruction of the regulated animal will be the responsibility 
  6.13  of the person from whom the animal was seized, except to the 
  6.14  extent that a court finds that the seizure or impoundment was 
  6.15  not substantially justified under law. 
  6.16     (e) If a person from whom a regulated animal was seized 
  6.17  makes a written request within five days of the seizure, a 
  6.18  hearing to determine the validity of the seizure must be held 
  6.19  within an additional five business days.  The judge may order 
  6.20  the return of the animal to the person from whom the animal was 
  6.21  seized if the judge finds: 
  6.22     (1) the person can and will provide the care required by 
  6.23  law for the regulated animal; and 
  6.24     (2) the regulated animal is physically fit. 
  6.25     (f) If the judge orders a permanent disposition of the 
  6.26  regulated animal, the local animal control authority may place 
  6.27  the animal with a wildlife sanctuary, persons authorized by the 
  6.28  Department of Natural Resources, or an appropriate United States 
  6.29  Department of Agriculture licensed facility.  If no such 
  6.30  facility is available for disposition of the animal, the local 
  6.31  animal control authority may order that the animal be destroyed. 
  6.32     (g) A person from whom a regulated animal is seized is 
  6.33  liable for all the actual costs of care, keeping, and disposal 
  6.34  or destruction of the animal, except to the extent that a judge 
  6.35  finds that the seizure was not substantially justified by law.  
  6.36  The costs shall be paid in full or a mutually satisfactory 
  7.1   arrangement for payment must be made between the local animal 
  7.2   control authority and the person claiming an interest in the 
  7.3   animal before return of the animal to the person. 
  7.4      (h) A person from whom a regulated animal has been seized 
  7.5   under this subdivision may prevent disposition of the animal by 
  7.6   posting security in the amount sufficient to provide for the 
  7.7   actual costs of care and keeping of the animal.  The security 
  7.8   must be posted within five business days of the seizure, 
  7.9   inclusive of the day of the seizure. 
  7.10     (i) If circumstances exist that threaten the life of a 
  7.11  person or the life of another animal, local law enforcement or 
  7.12  the local animal control authority may seize a regulated animal 
  7.13  without providing prior notice, notice at the time of seizure, 
  7.14  or the opportunity for a hearing or court order. 
  7.15     Subd. 6.  [DISPOSAL OF ANIMALS.] Upon proper determination 
  7.16  by a Minnesota licensed veterinarian, any regulated animal taken 
  7.17  into custody under this section may be immediately disposed of 
  7.18  when the regulated animal is suffering and is beyond cure 
  7.19  through reasonable care and treatment.  The authority taking 
  7.20  custody of the regulated animal may recover all costs incurred 
  7.21  under this section. 
  7.22     Subd. 7.  [EXEMPTIONS.] This section does not apply to: 
  7.23     (1) institutions accredited by the American Zoo and 
  7.24  Aquarium Association; 
  7.25     (2) a wildlife sanctuary; 
  7.26     (3) fur-bearing animals, as defined in section 97A.015, 
  7.27  possessed by a game farm that is licensed under section 97A.105, 
  7.28  or bears possessed by a game farm that is licensed under section 
  7.29  97A.105; 
  7.30     (4) the Department of Natural Resources, or a person 
  7.31  authorized by permit issued by the commissioner of natural 
  7.32  resources pursuant to section 97A.401, subdivision 3; 
  7.33     (5) a Minnesota licensed or accredited research or medical 
  7.34  institution; or 
  7.35     (6) a circus, carnival, rodeo, or county fair. 
  7.36     Subd. 8.  [REPORT TO THE BOARD OF ANIMAL HEALTH.] By July 1 
  8.1   each year, local animal control authorities shall report to the 
  8.2   Board of Animal Health on regulated animals registered with the 
  8.3   local animal control authorities.  The report shall include all 
  8.4   registration information submitted to the local animal control 
  8.5   authority under subdivision 3, paragraph (a), and information on 
  8.6   enforcement actions taken under this section. 
  8.7      Subd. 9.  [PENALTY.] A person who knowingly violates 
  8.8   subdivision 2, 3, or 4 is guilty of a misdemeanor.