SF 705

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 06/06/2012 02:39pm

A bill for an act
relating to animals; changing requirements for the disposition of certain animals;
amending Minnesota Statutes 2010, section 347.54, subdivisions 2, 3; proposing
coding for new law in Minnesota Statutes, chapter 346; repealing Minnesota
Statutes 2010, section 35.71, subdivisions 1, 2, 3, 4, 5, 6, 7.

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

Section 1.

new text begin [346.47] SEIZED ANIMALS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "establishment" means any public or private agency, person, society, or
corporation having custody of animals that are seized under the authority of the state or
any political subdivision of the state; and
new text end

new text begin (2) "regular business day" means a day during which the establishment having
custody of an animal is open to the public not less than four consecutive hours between
the hours of 8:00 a.m. and 7:00 p.m.
new text end

new text begin Subd. 2. new text end

new text begin Impoundment; record keeping. new text end

new text begin All animals seized by public authority
must be held in an establishment for redemption by the owner for at least five regular
business days of the establishment or for a longer time specified by municipal ordinance.
Establishments must maintain the following records of the animals in custody, and
preserve the records for at least six months:
new text end

new text begin (1) the description of the animal by species, breed, sex, approximate age, and other
distinguishing traits;
new text end

new text begin (2) the location at which the animal was seized;
new text end

new text begin (3) the date of seizure;
new text end

new text begin (4) the name and address of the person from whom any animal three months of age
or over was received; and
new text end

new text begin (5) the name and address of the person to whom any animal three months of age
or over was transferred.
new text end

new text begin The records must be maintained in a form permitting easy perusal by the public.
A person may view the records and animals in custody at any time during which the
establishment is open to the public.
new text end

new text begin Subd. 3. new text end

new text begin Release of animals. new text end

new text begin A person must not release an animal seized and held
under this section for research or product testing, either directly or through an animal
dealer. This subdivision does not apply to the temporary transfer of an animal to a college
of veterinary medicine or veterinary technology school accredited by the American
Veterinary Medicine Association for the purpose of sterilization or needed veterinary care.
new text end

Sec. 2.

Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:

Subd. 2.

Reclaimed.

A dangerous dog seized under subdivision 1 may be reclaimed
by the owner of the dog upon payment of impounding and boarding fees, and presenting
proof to the appropriate animal control authority that the requirements of sections 347.51
and 347.52 will be met. A dog not reclaimed under this subdivision within seven days
may be disposed of deleted text begin as provided under section 35.71, subdivision 3 deleted text end new text begin in a manner permitted
by law new text end , and the owner is liable to the animal control authority for costs incurred in
confining and disposing of the dog.

Sec. 3.

Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:

Subd. 3.

Subsequent offenses; seizure.

If a person has been convicted of a
misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the
person is charged with a subsequent violation relating to the same dog, the dog must be
seized by the animal control authority having jurisdiction. If the owner is convicted of the
crime for which the dog was seized, the court shall order that the dog be destroyed in a
proper and humane manner and the owner pay the cost of confining and destroying the
animal. If the owner is not convicted and the dog is not reclaimed by the owner within
seven days after the owner has been notified that the dog may be reclaimed, the dog may be
disposed of deleted text begin as provided under section 35.71, subdivision 3 deleted text end new text begin in a manner permitted by law new text end .

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 35.71, subdivisions 1, 2, 3, 4, 5, 6, and 7, new text end new text begin are
repealed.
new text end