HF 3733

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 08:20pm

A bill for an act
relating to animals; prohibiting the declawing of cats except for therapeutic
purposes; providing penalties; requiring reports; proposing coding for new law in
Minnesota Statutes, chapter 156.

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

Section 1.

new text begin [156.21] DEFINITIONS.
new text end

new text begin (a) For the purposes of section 156.22, the following terms have the meanings given.
new text end

new text begin (b) "Declawing" and "onychectomy" mean any surgical procedure in which a portion
of a cat's paw is amputated in order to remove the cat's claws.
new text end

new text begin (c) "Tendonectomy" means a procedure in which the tendons to a cat's limbs, paws, or
toes are cut or modified so that the claws cannot be extended.
new text end

new text begin (d) "Therapeutic purpose" means for the purpose of addressing:
new text end

new text begin (1) an existing or recurring infection, disease, injury, or abnormal condition in the claw
that jeopardizes a cat's health; or
new text end

new text begin (2) any medical condition that in the professional judgment of a veterinarian is a condition
that is medically necessary to treat.
new text end

Sec. 2.

new text begin [156.22] DECLAWING PROHIBITION; RECORD KEEPING; REPORTS.
new text end

new text begin (a) No person shall perform, or cause to be performed, the declawing, onychectomy, or
tendonectomy of a cat, unless the following apply:
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new text begin (1) the person performing such declawing, onychectomy, or tendonectomy is licensed
under this chapter; and
new text end

new text begin (2) declawing, onychectomy, or tendonectomy of a cat is for a therapeutic purpose; or
new text end

new text begin (3) the person who causes a declawing, onychectomy, or tendonectomy procedure to be
performed is relying upon the written opinion of a licensee that declawing, onychectomy,
or tendonectomy of the cat is required for a therapeutic purpose.
new text end

new text begin (b) A licensee who performs a declawing, onychectomy, or tendonectomy procedure on
a cat must keep a record of the procedure for a period of four years after the last contact
with the cat. This record must include the name and address of the cat's owner; the name
and address of the person from whom payment is received for the procedure; a description
of the cat, including its name, breed, date of birth, sex, color, markings, and current weight;
the date and time of the procedure; the reason the procedure was performed; and any
diagnostic opinion, analysis, or test result to support the diagnosis. The records required to
be maintained under this paragraph are subject to audit by the board.
new text end

new text begin (c) Any person who performs a declawing, onychectomy, or tendonectomy procedure
on a cat must report the number of all such procedures to the board annually on or before
March 30. The board must maintain all notices received under this paragraph for four years
from the date of receipt.
new text end

new text begin (d) Records maintained under this section are private data on individuals or nonpublic
data as defined in section 13.02.
new text end

new text begin (e) Annually by March 1, the board must report to the legislative committees with
jurisdiction over companion animals the number of cats that were the subject of a declawing,
onychectomy, or tendonectomy procedure as reported to the board under paragraph (c).
new text end

new text begin (f) Any person who violates this section must be fined not more than $1,000 for a first
offense, not more than $1,500 for a second offense, and not more than $2,500 for a third or
subsequent offense. In addition, a court may order that any person who violates this section
must successfully complete a course of instruction relative to the humane treatment of
animals or be barred from owning or keeping a cat or sharing a residence with another
person who owns or keeps a cat for a period of time as determined by the court.
new text end

new text begin (g) If a licensee violates any provision of this section, the licensee is subject to the
suspension or revocation of the licensee's license as provided under section 156.081.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to actions
committed on or after that date.
new text end