SF 729

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; changing procedures for 
  1.3             registering brands and marks; providing for 
  1.4             inspections of certain horses by brand inspectors; 
  1.5             imposing criminal penalties; appropriating money; 
  1.6             amending Minnesota Statutes 1996, sections 35.821, 
  1.7             subdivisions 1, 4, and by adding a subdivision; 
  1.8             35.822; 35.824; 35.826; and 35.830; proposing coding 
  1.9             for new law in Minnesota Statutes, chapter 35. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 35.821, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [SCOPE.] Unless the context clearly 
  1.14  indicates otherwise, for the purposes of sections 35.821 to 
  1.15  35.831 35.8314 the terms defined in this section have the 
  1.16  meanings given them.  
  1.17     Sec. 2.  Minnesota Statutes 1996, section 35.821, 
  1.18  subdivision 4, is amended to read: 
  1.19     Subd. 4.  [MARK.] "Mark" means a permanent identification 
  1.20  cut from the ear or ears of a live animal and for horses, mules, 
  1.21  and farmed cervidae, as defined in section 17.451, subdivision 
  1.22  2, means a tag, collar, electronic implant, tattoo, or other 
  1.23  means of identification approved by the board. 
  1.24     Sec. 3.  Minnesota Statutes 1996, section 35.821, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 6.  [ASSOCIATION.] "Association" means the Minnesota 
  1.27  Equine Heritage Association. 
  2.1      Sec. 4.  Minnesota Statutes 1996, section 35.822, is 
  2.2   amended to read: 
  2.3      35.822 [REGISTRATION OF MARKS OR BRANDS WITH DUTIES OF 
  2.4   BOARD.] 
  2.5      The board shall approve marks or brands for registration, 
  2.6   issue certificates of approval, and administer sections 35.821 
  2.7   to 35.831 35.8314.  The board shall publish a state brand book 
  2.8   containing a facsimile of each mark or brand and a description 
  2.9   of each mark that is registered with it, showing the owner's 
  2.10  name and address and the pertinent laws and rules pertaining to 
  2.11  brand registrations and reregistrations. 
  2.12     Sec. 5.  Minnesota Statutes 1996, section 35.824, is 
  2.13  amended to read: 
  2.14     35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE 
  2.15  BRANDS.] 
  2.16     Subdivision 1.  [APPLICATION.] The board shall prepare 
  2.17  standard forms and supply the forms for distribution to those 
  2.18  who desire to apply for a brand.  The application must show a 
  2.19  left and right side view of the animals upon which a mark or 
  2.20  brand will be eligible for registry.  The mark or brand location 
  2.21  must be designated to the following body regions:  head, bregma, 
  2.22  right and left jaw, neck, shoulder, rib, hip, and breech.  The 
  2.23  applicant must select at least three distinct marks or brands 
  2.24  listed in preferred order, and three locations on the animal 
  2.25  listed in preferred order.  The application must be properly 
  2.26  signed and notarized and accompanied by a fee of $10.  The mark 
  2.27  or brand, if approved and accepted by the board, is valid during 
  2.28  the ten-year period in which it is recorded.  
  2.29     Subd. 2.  [CERTIFICATES.] The board shall send a 
  2.30  certificate to the owner of each registered mark or brand as 
  2.31  evidence of ownership of the mark or brand. 
  2.32     Subd. 3.  [DUPLICATION; PENALTIES.] A person who knowingly 
  2.33  places on an animal a mark or brand which has not been 
  2.34  registered with the board and which is in duplication of a mark 
  2.35  or brand that is registered with the board is guilty of a 
  2.36  felony.  "Duplication"  means the use of a similar mark or 
  3.1   brand, used in any position on the animal designated for the use 
  3.2   of a registered mark or brand, such as the head, bregma, jaw, 
  3.3   neck, shoulder, rib, hip, or breech.  A person who alters or 
  3.4   defaces a brand or mark on any animal to prevent its 
  3.5   identification by its owner is guilty of a felony.  
  3.6      Sec. 6.  Minnesota Statutes 1996, section 35.826, is 
  3.7   amended to read: 
  3.8      35.826 [STATE BRAND BOOKS; REREGISTRATION OF MARKS, 
  3.9   BRANDS.] 
  3.10     All approved mark or brand applications must be sorted in a 
  3.11  systematic manner and published in the state brand book.  
  3.12  Supplements and revised brand books must be published at the 
  3.13  discretion of the board.  At least six months before expiration, 
  3.14  all registered mark or brand owners and assignees must be 
  3.15  notified in writing that their marks or brands will terminate in 
  3.16  six months and that they must be renewed.  A reregistration fee 
  3.17  of $10 must be charged for the ensuing ten-year period or part 
  3.18  of ten years.  Failure to renew a mark or brand on or before the 
  3.19  time specified, in accordance with sections 35.821 to 
  3.20  35.831 35.8314, is an absolute abandonment to the state of the 
  3.21  mark or brand.  The board may not reissue a mark or brand 
  3.22  abandoned under this section except to the original owner or, 
  3.23  after a period of two years, to another applicant upon proper 
  3.24  application.  
  3.25     Sec. 7.  Minnesota Statutes 1996, section 35.830, is 
  3.26  amended to read: 
  3.27     35.830 [SALE OF BRANDED LIVESTOCK; WRITTEN BILL OF SALE.] 
  3.28     Persons selling animals other than horses marked or branded 
  3.29  with their mark or brand recorded in a current state brand book 
  3.30  or its supplement or registered with the board shall execute to 
  3.31  the purchaser a written bill of sale bearing the signature and 
  3.32  residence of the seller, the name and address of the purchaser, 
  3.33  the total number of animals sold, a description of each animal 
  3.34  sold as to sex and kind, and all registered brands.  The bill of 
  3.35  sale must be kept by the purchaser for two years and for as long 
  3.36  afterwards as the purchaser owns any of the animals described in 
  4.1   the bill of sale.  A copy of the bill of sale must be given to 
  4.2   each hauler of the animals, other than railroads, and must 
  4.3   accompany the shipment of animals while in transit.  The bill of 
  4.4   sale or a copy must be shown by the possessor on demand to any 
  4.5   peace officer or compliance representative of the board.  The 
  4.6   bill of sale is prima facie evidence of the sale of the animals 
  4.7   described by the bill of sale.  
  4.8      Sec. 8.  [35.8311] [SALE OF HORSE.] 
  4.9      (a) No person may sell a horse carrying a registered brand 
  4.10  or mark unless: 
  4.11     (1) the seller is the owner of the registered brand or mark 
  4.12  and delivers a bill of sale for the horse to the purchaser; or 
  4.13     (2) the seller delivers to the purchaser a bill of sale 
  4.14  executed by the owner of the registered brand or mark and 
  4.15  endorsed by the seller evidencing the later transaction. 
  4.16     (b) The bill of sale must contain the date, signature, and 
  4.17  residence of the seller, the name and address of the buyer, and 
  4.18  the total number of horses sold, describing each horse sold as 
  4.19  to gender and kind, and describing the registered brands or 
  4.20  marks.  The bill of sale must be kept by the buyer for two years 
  4.21  and as long thereafter as the buyer owns any of the horses 
  4.22  described in it.  A copy of the bill of sale must be given to 
  4.23  each hauler of horses other than railroads and must go with the 
  4.24  shipment of the horses while in transit.  The bill or copy must 
  4.25  be shown by the possessor on demand to any peace officer or 
  4.26  brand inspector.  The bill of sale is prima facie evidence of 
  4.27  the sale of the horses described. 
  4.28     (c) No bill of sale is required relative to sales of horses 
  4.29  covered by a legal horse brand inspection. 
  4.30     (d) A violation of this section is a misdemeanor. 
  4.31     Sec. 9.  [35.8312] [SALE OF HORSE UNDER FALSE REGISTRATION 
  4.32  CERTIFICATES; CHANGING MARKING; PENALTY.] 
  4.33     (a) No person may: 
  4.34     (1) sell a horse with a certificate of registration or 
  4.35  breeding that does not belong to that horse; 
  4.36     (2) change in any way the certificate of registration or 
  5.1   breeding of a horse; 
  5.2      (3) falsely represent a production record specified in a 
  5.3   registration certificate; or 
  5.4      (4) change the markings of a horse with intent to deceive 
  5.5   the purchaser or misrepresent the sire to which the horse has 
  5.6   been bred. 
  5.7      (b) This section does not apply to an auctioneer or agent 
  5.8   acting in good faith under the direction of the owner. 
  5.9      (c) Violation of this section is a misdemeanor. 
  5.10     Sec. 10.  [35.8313] [REMOVAL OF HORSES FROM STATE; 
  5.11  INSPECTION; PENALTY.] 
  5.12     (a) No person may remove horses from this state or to 
  5.13  within one mile of a boundary of this state for the purpose of 
  5.14  removal unless the horses have been inspected for brands and 
  5.15  marks by an official brand inspector.  A certificate of 
  5.16  inspection must accompany the horses to destination.  In lieu of 
  5.17  this inspection, the owner or possessor may make and sign an 
  5.18  invoice or document covering the horses showing brands and 
  5.19  marks, number, gender, and kind of the horses, and the consignee 
  5.20  and market destination where official brand inspection is 
  5.21  provided, and mail a copy of the invoice or document to the 
  5.22  commissioner before the horses leave the state. 
  5.23     (b) It is unlawful for the owner or possessor to remove a 
  5.24  horse from any place of regular official brand inspection unless 
  5.25  and until official brand inspection has been made and the brand 
  5.26  inspection certificate issued. 
  5.27     (c) Violation of this section is a misdemeanor. 
  5.28     Sec. 11.  [35.8314] [ENFORCEMENT.] 
  5.29     (a) The chief brand inspector and brand inspectors 
  5.30  designated by the board may: 
  5.31     (1) enforce brand laws and any other state laws or rules 
  5.32  relating to horses; 
  5.33     (2) make arrests upon view and without warrant for any 
  5.34  violation of sections 35.821 to 35.8314 or any other state laws 
  5.35  or rules relating to horses committed in the inspector's 
  5.36  presence; and 
  6.1      (3) respond to requests from other law enforcement agencies 
  6.2   or officers for aid and assistance.  For the purposes of this 
  6.3   section, a request from a law enforcement agency or officer 
  6.4   means only a request for assistance to a particular and single 
  6.5   violation or suspicion of violation of law, and does not 
  6.6   constitute a continuous request for assistance. 
  6.7      (b) The board shall contract with the association to 
  6.8   provide brand inspectors to enforce sections 35.821 to 35.8314. 
  6.9      Sec. 12.  [APPROPRIATION.] 
  6.10     $....... is appropriated from the general fund to the board 
  6.11  of animal health for fiscal year 1998 for the purposes of 
  6.12  sections 1 to 11.