HF 1732

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

  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) 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     (b) The provisions of paragraph (a) do not apply to a 
  1.19  person performing academic or industry research on domestic 
  1.20  animals under protocols approved by an institutional animal care 
  1.21  and use committee. 
  1.22     Subd. 2.  [CIVIL LIABILITY.] A person who violates 
  1.23  subdivision 1 is liable in a civil action for damages in an 
  1.24  amount three times the value of any domestic animal destroyed 
  1.25  because it has the disease, has been exposed to the disease 
  1.26  agent, or is at high risk of being exposed to the disease agent 
  1.27  because of proximity to diseased animals.  
  2.1      Subd. 3.  [DEFINITION.] For purposes of this section, 
  2.2   "domestic animal" means: 
  2.3      (1) those species of animals that live under the husbandry 
  2.4   of humans; 
  2.5      (2) livestock within the meaning of section 35.01, 
  2.6   subdivision 3; 
  2.7      (3) a farm-raised deer, farm-raised game bird, or 
  2.8   farm-raised fish; or 
  2.9      (4) an animal listed as a domestic animal by a rule adopted 
  2.10  by the Department of Agriculture. 
  2.11     Sec. 2.  Minnesota Statutes 2002, section 609.605, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 5.  [CERTAIN TRESPASS ON AGRICULTURAL LAND.] (a) A 
  2.14  person is guilty of a gross misdemeanor if the person enters the 
  2.15  posted premises of another on which cattle, bison, sheep, goats, 
  2.16  swine, horses, poultry, farmed cervidae, farmed ratitae, 
  2.17  aquaculture stock, or other species of domestic animals for 
  2.18  commercial production are kept, without the consent of the owner 
  2.19  or lawful occupant of the land. 
  2.20     (b) "Domestic animal," for purposes of this section, has 
  2.21  the meaning given in section 609.599. 
  2.22     (c) "Posted," as used in paragraph (a), means the placement 
  2.23  of a sign at least 11 inches square in a conspicuous place at 
  2.24  each roadway entry to the premises.  The sign must provide 
  2.25  notice of a bio-security area and wording such as:  
  2.26  "Bio-security measures are in force.  No entrance beyond this 
  2.27  point without authorization."  The sign may also contain a 
  2.28  telephone number or a location for obtaining such authorization. 
  2.29     (d) The provisions of this subdivision do not apply to 
  2.30  employees or agents of the state or county when serving in a 
  2.31  regulatory capacity and conducting an inspection on posted 
  2.32  premises where domestic animals are kept. 
  2.33     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.34     (a) Section 1, subdivisions 1 and 3, and section 2 are 
  2.35  effective August 1, 2004, for offenses committed on or after 
  2.36  that date. 
  3.1      (b) Section 1, subdivisions 2 and 3, are effective August 
  3.2   1, 2004, for causes of action arising on or after that date.