HF 2079

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to animals; imposing restrictions on the 
  1.3             possession of certain animals; requiring licensure and 
  1.4             registration; providing penalties; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 35. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [35.805] [OWNING CERTAIN REGULATED ANIMALS.] 
  1.8      Subdivision 1.  [LEGISLATIVE FINDINGS.] The legislature 
  1.9   finds that increasing numbers of Minnesotans are possessing wild 
  1.10  animals without adequate regard for the long-term welfare of the 
  1.11  animal or concern for the well-being of citizens within the 
  1.12  community in which they reside.  It is the policy of the 
  1.13  legislature to improve the safety of its citizens by regulating 
  1.14  possession of wild animals.  The legislature recognizes, 
  1.15  however, the value of legitimate businesses registered with the 
  1.16  board and in compliance with standards established by the United 
  1.17  States Department of Agriculture to assure the secure and humane 
  1.18  possession of animals. 
  1.19     Subd. 2.  [DEFINITIONS.] (a) The definitions in this 
  1.20  subdivision apply to this section. 
  1.21     (b) "Person" means a natural person or a firm, partnership, 
  1.22  corporation, or association, however organized. 
  1.23     (c) "Possess" means to own, care for, have custody of, or 
  1.24  control. 
  1.25     (d) "Regulated animal" means: 
  2.1      (1) all members of the Felidae family including, but not 
  2.2   limited to, lions, tigers, leopards, snow leopards, clouded 
  2.3   leopards, cheetahs, and jaguars, and including the 28 species of 
  2.4   small cats, but not including domestic cats recognized as a 
  2.5   domestic breed and shown as a domestic breed by a national or 
  2.6   international multibreed 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, marosets, 
  2.10  lorises, and tamarins. 
  2.11     "Regulated animal" also means any hybrid or cross between 
  2.12  an animal listed in clauses (1) to (3) and a domestic animal and 
  2.13  offspring from all subsequent generations of those hybrids or 
  2.14  crosses. 
  2.15     Subd. 3.  [POSSESSION OF REGULATED ANIMALS.] (a) A person 
  2.16  who wishes to possess a regulated animal in Minnesota must 
  2.17  register with the board before taking possession of the 
  2.18  regulated animal and, if required, obtain a license from the 
  2.19  United States Department of Agriculture. 
  2.20     (b) A person who possesses a regulated animal on the 
  2.21  effective date of this section has 120 days to come into 
  2.22  compliance with regulations promulgated by the United States 
  2.23  Department of Agriculture for regulated animals under the Animal 
  2.24  Welfare Act, Public Law 89-544, and its subsequent amendments, 
  2.25  and the regulations adopted under the act relating to facilities 
  2.26  and operations, animal health and husbandry, and veterinary care 
  2.27  for regulated animals. 
  2.28     (c) Only a person who possesses a valid United States 
  2.29  Department of Agriculture license is allowed to breed regulated 
  2.30  animals after the effective date of this section. 
  2.31     (d) A person who possesses a regulated animal pursuant to a 
  2.32  valid state or federal license or permit prior to the effective 
  2.33  date of this section may continue to possess the animal 
  2.34  according to the terms of the license or permit. 
  2.35     (e) A person may sell or by other means convey possession 
  2.36  of a regulated animal only to a person who is registered with 
  3.1   the board to possess regulated animals or a person who may 
  3.2   possess a regulated animal under paragraph (d). 
  3.3      (f) A person in possession of a valid United States 
  3.4   Department of Agriculture license may transport regulated 
  3.5   animals into the state from other jurisdictions. 
  3.6      (g) It is unlawful for a person in control of real property 
  3.7   to knowingly permit another person to possess a regulated animal 
  3.8   on that property, except in compliance with this section.  A 
  3.9   person who violates this paragraph is subject to a civil penalty 
  3.10  not to exceed $300. 
  3.11     Subd. 4.  [REGISTRATION.] (a) Within 60 days after the 
  3.12  effective date of this section, a person who possesses one or 
  3.13  more regulated animals must notify in writing the Board of 
  3.14  Animal Health on forms provided by the board.  The notification 
  3.15  must include the person's name, address, telephone number, 
  3.16  United States Department of Agriculture license or permit 
  3.17  number, and a complete inventory of regulated animals possessed 
  3.18  by the person.  The inventory must include for each regulated 
  3.19  animal the breed, approximate age, sex, color, weight, and any 
  3.20  distinguishing scars or marks, and the specific location where 
  3.21  each regulated animal is kept. 
  3.22     (b) The board may charge an annual fee of $10 per animal to 
  3.23  register regulated animals up to a maximum of $100 annually per 
  3.24  person. 
  3.25     Subd. 5.  [REQUIREMENTS.] (a) A person who possesses a 
  3.26  regulated animal shall: 
  3.27     (1) maintain health records for the life of each animal; 
  3.28     (2) maintain an ongoing program of veterinary care which 
  3.29  includes a veterinarian visit to the premises at least annually; 
  3.30  and 
  3.31     (3) report all purchases or sales to the board within ten 
  3.32  days of the purchase or sale and maintain records of all 
  3.33  purchases and sales for five years. 
  3.34     (b) A person who is unable to provide adequate care for a 
  3.35  regulated animal shall attempt to place the regulated animal 
  3.36  with a wildlife sanctuary or a Minnesota licensed wildlife 
  4.1   rehabilitator. 
  4.2      (c) A person who possesses a regulated animal shall notify 
  4.3   the board and local law enforcement officials of any escape of a 
  4.4   regulated animal.  The person is liable for any costs incurred 
  4.5   by a person, local unit of government, or state agency resulting 
  4.6   from the escape of the regulated animal. 
  4.7      (d) A person who possesses a regulated animal shall 
  4.8   maintain a written recovery plan in the event of the escape of a 
  4.9   regulated animal.  The person shall maintain a tranquilizer gun, 
  4.10  tranquilizers, live traps, or other equipment necessary to 
  4.11  assist in the recovery of the regulated animal. 
  4.12     Subd. 6.  [SEIZURE.] (a) If the board determines that a 
  4.13  person who possesses one or more regulated animals is not in 
  4.14  compliance with the requirements of this section, the board 
  4.15  shall provide written notice and warning to the person and 
  4.16  commence appropriate actions to seize the animal or animals. 
  4.17     (b) A person notified by the board under paragraph (a) may 
  4.18  submit to the board a written request for a temporary permit to 
  4.19  retain custody of the animal or animals for up to 30 days, 
  4.20  during which time the person shall take all necessary actions to 
  4.21  come into compliance.  During the 30-day period, the board may 
  4.22  inspect, at any reasonable time, the premises where a regulated 
  4.23  animal is kept. 
  4.24     (c) If a person who possesses one or more regulated animals 
  4.25  is not in compliance with this section following the 30-day 
  4.26  period allowed in paragraph (b), the board may seize the animal 
  4.27  or animals on the premises.  At the time of the seizure, the 
  4.28  board must attempt to notify the owner of the regulated animal 
  4.29  by telephone.  The board must provide written notice of the 
  4.30  seizure by United States mail, postmarked not later than the 
  4.31  next business day following the seizure, to the address of the 
  4.32  property.  The written notice must include: 
  4.33     (1) a description of the animal or animals seized; 
  4.34     (2) the authority and purpose for the seizure; 
  4.35     (3) the time, place, and circumstances under which the 
  4.36  animal or animals were seized; and 
  5.1      (4) the location, address, telephone number, and other 
  5.2   contact information where the animal is to be kept after the 
  5.3   seizure. 
  5.4      (d) The notice provided to the person from whom a regulated 
  5.5   animal was seized must include statements that: 
  5.6      (1) the person may post a security deposit with the board 
  5.7   to prevent disposition or destruction of the animal or animals; 
  5.8      (2) the person may fill out a form provided with the notice 
  5.9   to request a hearing concerning the seizure; 
  5.10     (3) failure to post a security deposit within five business 
  5.11  days following the date of the seizure may result in disposal or 
  5.12  other disposition of the animal; and 
  5.13     (4) the actual costs of care, keeping, and disposal or 
  5.14  destruction of the regulated animal will be the responsibility 
  5.15  of the person from whom the animal was seized, except to the 
  5.16  extent that a court finds that the seizure or impoundment was 
  5.17  not substantially justified under law. 
  5.18     (e) If a person from whom a regulated animal was seized 
  5.19  makes a written request within five days of the seizure, a 
  5.20  hearing to determine the validity of the seizure must be held 
  5.21  within an additional five business days.  The judge may order 
  5.22  the return of the animal to the person from whom the animal was 
  5.23  seized if the judge finds: 
  5.24     (1) the person can and will provide the care required by 
  5.25  law for the regulated animal; and 
  5.26     (2) the regulated animal is physically fit. 
  5.27     (f) If the judge orders a permanent disposition of the 
  5.28  regulated animal, the board may place the animal with a wildlife 
  5.29  sanctuary, a Minnesota licensed wildlife rehabilitator, or 
  5.30  another appropriate United States Department of Agriculture 
  5.31  licensed facility.  If no such facility is available for 
  5.32  disposition of the animal, the board may order that the animal 
  5.33  be destroyed. 
  5.34     (g) A person from whom a regulated animal is seized is 
  5.35  liable for all the actual costs of care, keeping, and disposal 
  5.36  or destruction of the animal, except to the extent that a judge 
  6.1   finds that the seizure was not substantially justified by law.  
  6.2   The costs shall be paid in full or a mutually satisfactory 
  6.3   arrangement for payment must be made between the board and the 
  6.4   person claiming an interest in the animal before return of the 
  6.5   animal to the person. 
  6.6      (h) A person from whom a regulated animal has been seized 
  6.7   under this subdivision may prevent disposition of the animal by 
  6.8   posting security in the amount sufficient to provide for the 
  6.9   actual costs of care and keeping of the animal.  The security 
  6.10  must be posted within five business days of the seizure, 
  6.11  inclusive of the day of the seizure. 
  6.12     (i) If circumstances exist that threaten the life of a 
  6.13  person or the life of another animal, the board, local law 
  6.14  enforcement, or a local animal control authority may seize a 
  6.15  regulated animal without providing prior notice, notice at the 
  6.16  time of seizure, or the opportunity for a hearing or court order.
  6.17     Subd. 7.  [DESTRUCTION OF ANIMALS.] Upon determination by a 
  6.18  Minnesota licensed veterinarian that a regulated animal is 
  6.19  suffering and beyond cure through reasonable care and treatment, 
  6.20  the animal may be destroyed immediately.  The authority taking 
  6.21  custody of the regulated animal may recover from the owner of 
  6.22  the animal all costs incurred under this subdivision. 
  6.23     Subd. 8.  [PENALTY.] The board may bring civil or criminal 
  6.24  charges as provided in sections 35.92 to 35.96 against a person 
  6.25  who knowingly violates provisions of this section.