SF 2429

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; prohibiting negligent 
  1.3             interference with or unauthorized control of a service 
  1.4             animal; requiring restitution for service animal 
  1.5             interference; prescribing penalties; amending 
  1.6             Minnesota Statutes 2000, section 343.21, by adding 
  1.7             subdivisions; Minnesota Statutes 2001 Supplement, 
  1.8             section 343.20, subdivision 7. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.11  343.20, subdivision 7, is amended to read: 
  1.12     Subd. 7.  [SERVICE ANIMAL.] "Service animal" means an a 
  1.13  guide dog or other animal trained to assist a person with a 
  1.14  disability. 
  1.15     Sec. 2.  Minnesota Statutes 2000, section 343.21, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 8b.  [NEGLIGENT INTERFERENCE BY HARASSING SERVICE 
  1.18  ANIMAL.] A person who, with no legal justification, 
  1.19  intentionally or negligently interferes or allows his or her pet 
  1.20  to interfere with the use of a service animal by obstructing, 
  1.21  harassing, threatening, intimidating, distracting, cause injury 
  1.22  or death, or otherwise jeopardizing the safety of the user of 
  1.23  the service animal or the service animal, is guilty of a 
  1.24  misdemeanor. 
  1.25     Sec. 3.  Minnesota Statutes 2000, section 343.21, is 
  1.26  amended by adding a subdivision to read: 
  1.27     Subd. 8c.  [UNAUTHORIZED CONTROL OVER SERVICE ANIMAL.] A 
  2.1   person who wrongfully obtains or exerts unauthorized control 
  2.2   over a service animal with intent to deprive the service animal 
  2.3   user of the use or service is guilty of a misdemeanor. 
  2.4      Sec. 4.  Minnesota Statutes 2000, section 343.21, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 8d.  [RESTITUTION.] A person who is convicted of a 
  2.7   violation of subdivision 8b or 8c shall make restitution for 
  2.8   costs and expenses which result from the violation including, 
  2.9   but not limited to, the user's loss of income, veterinary 
  2.10  expenses, travel costs and other expenses of temporary 
  2.11  replacement assistance services, and replacement costs, 
  2.12  including retraining of the service animal incurred by the 
  2.13  school or agency providing the replacement service animal if the 
  2.14  service animal is no longer able to safely or dependably perform 
  2.15  its duties. 
  2.16     Sec. 5.  Minnesota Statutes 2000, section 343.21, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 8e.  [NO AFFECT ON REMEDIES.] Nothing in subdivisions 
  2.19  8b, 8c, and 8d are intended to affect any civil remedies 
  2.20  available for violations of this chapter. 
  2.21     Sec. 6.  [EFFECTIVE DATE.] 
  2.22     Sections 1 to 5 are effective August 1, 2002, and apply to 
  2.23  crimes committed on or after that date.