HF 3245

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to animals; requiring obedience training for certain dangerous dogs;
providing for a task force; amending Minnesota Statutes 2006, sections 347.50,
by adding a subdivision; 347.51, subdivisions 2, 3a, 8, by adding subdivisions;
347.54, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 347.

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

Section 1.

Minnesota Statutes 2006, section 347.50, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Obedience education course. new text end

new text begin "Obedience education course" means a
course meeting the requirements of section 347.526.
new text end

Sec. 2.

Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read:

Subd. 2.

Registration.

An animal control authority shall issue a certificate of
registration to the owner of a dangerous dog if the owner new text begin shows proof of completion of an
obedience education course with the dog and new text end presents sufficient evidence that:

(1) a proper enclosure exists for the dangerous dog and a posting on the premises
with a clearly visible warning sign, including a warning symbol to inform children, that
there is a dangerous dog on the property;

(2) a surety bond issued by a surety company authorized to conduct business in this
state in a form acceptable to the animal control authority in the sum of at least $50,000,
payable to any person injured by the dangerous dog, or a policy of liability insurance issued
by an insurance company authorized to conduct business in this state in the amount of at
least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog;

(3) the owner has paid an annual fee of not more than $500, in addition to any
regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under
this section; and

(4) the owner has had microchip identification implanted in the dangerous dog as
required under section 347.515.

Sec. 3.

Minnesota Statutes 2006, section 347.51, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Obedience education symbol. new text end

new text begin Upon completion of an obedience
education course, the owner of a registered dangerous dog must receive a second symbol
to post adjacent to, but not obscuring, the warning symbol required by subdivision 2a.
The design of the obedience education symbol must meet the design requirements for
the warning symbol.
new text end

Sec. 4.

Minnesota Statutes 2006, section 347.51, subdivision 3a, is amended to read:

Subd. 3a.

Dangerous dog designation review.

Beginning six months after a dog is
declared a dangerous dog, an owner may request annually that the animal control authority
review the designation. The owner must provide evidence that the dog's behavior has
changed due to the dog's age, neutering, environment, completion of obedience training new text begin ,
in excess of state requirements for completion of an obedience education course, new text end that
includes modification of aggressive behavior, or other factors. If the animal control
authority finds sufficient evidence that the dog's behavior has changed, the authority
may rescind the dangerous dog designation.

Sec. 5.

Minnesota Statutes 2006, section 347.51, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Obedience education tag. new text end

new text begin A dangerous dog registered under this section
must be issued an obedience education secondary tag upon completion of an obedience
education course. The commissioner of public safety, after consultation with animal
control professionals, shall provide by rule for the design of the tag.
new text end

Sec. 6.

Minnesota Statutes 2006, section 347.51, subdivision 8, is amended to read:

Subd. 8.

Local ordinances.

A statutory or home rule charter city, or a county, may
deleted text begin not adopt an ordinance regulating deleted text end new text begin recommend to the task force created in section 10 that
specific breeds of dogs be designated as new text end dangerous or potentially dangerous deleted text begin dogs deleted text end based
solely on the specific breed of the dog. new text begin The recommendation must be made no later than
June 30, 2008. new text end Ordinances inconsistent with this subdivision are void.

Sec. 7.

new text begin [347.525] OBEDIENCE TRAINING.
new text end

new text begin At least one adult with a permanent legal Minnesota mailing address must register as
the primary owner of each registered dangerous or potentially dangerous dog, as identified
by local animal control authorities, and must attend an obedience education course
with the dog and show proof of completion of the course in order to renew or obtain a
registration as required under section 347.51.
new text end

Sec. 8.

new text begin [347.526] TRAINING SPECIFICATIONS.
new text end

new text begin The commissioner of public safety shall adopt rules by June 30, 2009, containing
standards for obedience education courses.
new text end

Sec. 9.

Minnesota Statutes 2006, section 347.54, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) The animal control authority having jurisdiction shall
immediately seize any dangerous dog if new text begin the owner is unwilling to enroll immediately in an
obedience education course and new text end :

(1) after 14 days after the owner has notice that the dog is dangerous, the dog is not
validly registered under section 347.51;

(2) after 14 days after the owner has notice that the dog is dangerous, the owner does
not secure the proper liability insurance or surety coverage as required under section
347.51, subdivision 2;

(3) the dog is not maintained in the proper enclosure; or

(4) the dog is outside the proper enclosure and not under physical restraint of a
responsible person as required under section 347.52.

(b) If an owner of a dog is convicted of a crime for which the dog was originally
seized, the court may order that the dog be confiscated and destroyed in a proper and
humane manner, and that the owner pay the costs incurred in confiscating, confining,
and destroying the dog.

Sec. 10. new text begin BETTER ANIMAL RESPONSIBILITY AND KNOWLEDGE TASK
FORCE.
new text end

new text begin The governor shall appoint the Better Animal Responsibility and Knowledge Task
Force to study and recommend to the commissioner of public safety and the legislature
a uniform, statewide, mandatory system of dog owner and dog obedience education
training according to commonly accepted standards and best practices for each breed or
mixed breed of dog. The recommendations must include specific education required
for humane care and assurance of public safety for breeds identified by any licensing
authority of Minnesota as potentially dangerous. Membership of the task force must
include, but is not limited to, one representative each of a Minnesota humane society, the
Minnesota Veterinary Medical Association, the Minnesota Department of Health, the
American Kennel Club, the Minnesota Board of Animal Health, the Minnesota League
of Cities, the Minnesota Association of Counties, and the Minnesota Township Officers
Association; a dog attack victim; a licensed dog breeder; obedience training programs; the
Minnesota Community Education Association; the Minnesota 4H Dog Project; and K-9
law enforcement personnel. The task force established in this section must report its initial
findings and recommendations to the commissioner of public safety and the legislature by
January 15, 2009, and must make its final recommendations to the commissioner of public
safety and the legislature by January 31, 2010. The task force expires on January 31, 2010.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 8 and 10 are effective the day following final enactment. Sections 1 to 7
and 9 are effective August 1, 2009.
new text end