SF 2373

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to animals; modifying restrictions on possession of certain animals;
providing criminal penalties; amending Minnesota Statutes 2004, section
346.155, subdivisions 1, 4, 5, 10, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Person" means any natural person, firm, partnership, corporation, or association,
however organized.

(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:

(1) operates a place of refuge where abused, neglected, unwanted, impounded,
abandoned, orphaned, or displaced wildlife are provided care for their lifetime;

(2) does not conduct any commercial activity with respect to any animal of which
the organization is an owner; and

(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the
organization is an owner, except as an integral part of the species survival plan of the
American Zoo and Aquarium Association.

(d) "Possess" means to own, care for, have custody of, or control.

(e) "Regulated animal" means:

(1) all members of the Felidae family including, but not limited to, lions, tigers,
cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats
recognized as a domestic breed, registered as a domestic breed, and shown as a domestic
breed by a national or international multibreed cat registry association;

(2) bears; and

(3) all nonhuman primates, including, but not limited to, lemurs, monkeys,
chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.

Regulated animal includes any hybrid or cross between an animal listed in clause
(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of
those crosses or hybrids.

(f) "Local animal control authority" means an agency of the state, county,
municipality, or other governmental subdivision of the state that is responsible for animal
control operations in its jurisdiction.

new text begin (g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the
meanings given them in section 609.02.
new text end

Sec. 2.

Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:

Subd. 4.

Requirements.

(a) A person who possesses a regulated animal must
maintain health and ownership records on each animal and must maintain the records
for the life of the animal. If possession of the regulated animal is transferred to another
person, a copy of the health and ownership records must accompany the animal.

(b) A person who possesses a regulated animal must maintain an ongoing program
of veterinary care which includes a veterinary visit to the premises at least annually.

(c) A person who possesses a regulated animal must notify the local animal control
authority in writing within ten days of a change in address or location where the regulated
animal is kept. new text begin The notification of change in address or location form must be prepared by
the Minnesota Animal Control Association and approved by the Board of Animal Health.
new text end

(d) A person with a United States Department of Agriculture license for regulated
animals shall forward a copy of the United States Department of Agriculture inspection
report to the local animal control authority within 30 days of receipt of the inspection
report.

(e) A person who possesses a regulated animal shall prominently display a sign on
the structure where the animal is housed indicating that a new text begin dangerous new text end regulated animal
is on the premises.

(f) A person who possesses a regulated animal must notify, as soon as practicable,
local law enforcement officials of any escape of a regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person, city, county,
or state agency resulting from the escape of a regulated animal unless the escape is due to
a criminal act by another person or a natural event.

(g) A person who possesses a regulated animal must maintain a written recovery
plan in the event of the escape of a regulated animal. The person must maintain live traps,
or other equipment necessary to assist in the recovery of the regulated animal.

(h) deleted text begin If requested by the local animal control authority, deleted text end A person may not move a
regulated animal from its location unless the person notifies the local animal control
authority prior to moving the animal. The notification must include the date and the
location where the animal is new text begin to be new text end moved. This paragraph does not apply to a regulated
animal transported to a licensed veterinarian.

(i) If a person who possesses a regulated animal can no longer care for the animal,
the person shall take steps to find long-term placement for the regulated animal.

Sec. 3.

Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:

Subd. 5.

Seizure.

(a) The local animal control authority, upon issuance of a
notice of inspection, must be granted access at reasonable times to sites where the local
animal control authority has reason to believe a violation of this chapter is occurring or
has occurred.

(b) If a person who possesses a regulated animal is not in compliance with the
requirements of this section, the local animal control authority shall take possession of the
animal for custody and care, provided that the procedures in this subdivision are followed.

(c) Upon request of a person possessing a regulated animal, the local animal control
authority may allow the animal to remain in the physical custody of the owner for 30 days,
during which time the owner shall take all necessary actions to come in compliance with
this section. During the 30-day period, the local animal control authority may inspect, at
any reasonable time, the premises where the animal is kept.

(d) If a person who possesses a regulated animal is not in compliance with this
section following the 30-day period described in paragraph (c), the local animal control
authority shall seize the animal and place it in a holding facility that is appropriate for the
species for up to ten days.

new text begin (e) new text end The authority taking custody of an animal under this section shall provide a
notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at
the place where the animal is taken into custody, or by delivering it to a person residing
on the property. The notice must include:

(1) a description of the animal seized; the authority for and purpose of the seizure;
the time, place, and circumstances under which the animal was seized; and a contact
person and telephone number;

(2) a statement that a person from whom a regulated animal was seized may post
security to prevent disposition of the animal and may request a hearing concerning the
seizure and that failure to do so within five business days of the date of the notice will
result in disposition of the animal;

(3) a statement that actual costs of the care, keeping, and disposal of the regulated
animal are the responsibility of the person from whom the animal was seized, except to
the extent that a court or hearing officer finds that the seizure or impoundment was not
substantially justified by law; and

(4) a form that can be used by a person from whom a regulated animal was seized
for requesting a hearing under this subdivision.

deleted text begin (e) deleted text end new text begin (f) new text end If a person from whom the regulated animal was seized makes a request
within five business days of the seizure, a hearing must be held within five business days
of the request to determine the validity of the seizure and disposition of the animal. The
judge or hearing officer may authorize the return of the animal to the person from whom
the animal was seized if the judge or hearing officer finds:

(1) that the person can and will provide the care required by law for the regulated
animal; and

(2) the regulated animal is physically fit.

deleted text begin (f) deleted text end new text begin (g) new text end If a judge or hearing officer orders a permanent disposition of the regulated
animal, the local animal control authority may take steps to find long-term placement for
the animal with a wildlife sanctuary, persons authorized by the Department of Natural
Resources, or an appropriate United States Department of Agriculture licensed facility.

deleted text begin (g) deleted text end new text begin (h) new text end A person from whom a regulated animal is seized is liable for all actual costs
of care, keeping, and disposal of the animal, except to the extent that a court or hearing
officer finds that the seizure was not substantially justified by law. The costs must be paid
in full or a mutually satisfactory arrangement for payment must be made between the
local animal control authority and the person claiming an interest in the animal before
return of the animal to the person.

deleted text begin (h) deleted text end new text begin (i) new text end A person from whom a regulated animal has been seized under this
subdivision may prevent disposition of the animal by posting security in the amount
sufficient to provide for the actual costs of care and keeping of the animal. The security
must be posted within five business days of the seizure, inclusive of the day of the seizure.

deleted text begin (i) deleted text end new text begin (j) new text end If circumstances exist threatening the life of a person or the life of any animal,
local law enforcement or the local animal control authority deleted text begin shall deleted text end new text begin may new text end seize a regulated
animal without an opportunity for hearing or court order, or destroy the animal.

Sec. 4.

Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Confinement and control. new text end

new text begin A person violates this subdivision who
possesses a regulated animal and negligently fails to control the animal or keep it properly
confined and as a result the animal causes bodily harm, substantial bodily harm, or great
bodily harm to another person.
new text end

Sec. 5.

Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:

Subd. 10.

Penalty.

new text begin (a) new text end A person who knowingly violates subdivision 2, 3, new text begin paragraph
(b) or (c), new text end or 4 is guilty of a misdemeanor.

new text begin (b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a
gross misdemeanor.
new text end

new text begin (c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.
new text end

new text begin (d) A person who violates subdivision 9a, resulting in substantial bodily harm is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both.
new text end

new text begin (e) A person who violates subdivision 9a, resulting in great bodily harm or death
is guilty of a felony and may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both, unless a greater penalty is
provided elsewhere.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective August 1, 2006, and apply to crimes committed on or
after that date.
new text end