SF 3542

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2024 09:52am

A bill for an act
relating to public safety; establishing the Office of Animal Protection and providing
for its duties; expanding the definition of crime of violence; appropriating money;
proposing coding for new law as Minnesota Statutes, chapter 299P.

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

Section 1.

new text begin [299P.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin As used in this chapter, the following terms have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Animal. new text end

new text begin "Animal" has the meaning given in section 343.20, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Animal cruelty. new text end

new text begin "Animal cruelty" has the meaning given to "cruelty" in section
343.20, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of public safety.
new text end

new text begin Subd. 5. new text end

new text begin Director. new text end

new text begin "Director" means the director of the Office of Animal Protection.
new text end

new text begin Subd. 6. new text end

new text begin Office. new text end

new text begin "Office" means the Office of Animal Protection.
new text end

Sec. 2.

new text begin [299P.02] OFFICE OF ANIMAL PROTECTION; CREATION; POWERS
AND DUTIES; ANNUAL REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Office of Animal Protection is created within the Bureau
of Criminal Apprehension of the Department of Public Safety.
new text end

new text begin Subd. 2. new text end

new text begin Powers and duties. new text end

new text begin The office has the following powers and duties:
new text end

new text begin (1) it shall seek to promote a comprehensive and measurable approach for the prevention
of animal cruelty, protection of animals, enforcement of animal cruelty statutes, and education
across multiple disciplines throughout the state, including but not limited to:
new text end

new text begin (i) investigations;
new text end

new text begin (ii) prosecution;
new text end

new text begin (iii) forensic veterinary medicine;
new text end

new text begin (iv) animal care, transport, and housing; and
new text end

new text begin (v) human welfare, as it relates to offenders or victims of animal cruelty;
new text end

new text begin (2) it shall foster partnerships and collaborations with other criminal justice partners and
related disciplines, as described in clause (1), items (i) to (v), to identify community and
enforcement needs and challenges related to the crime of animal cruelty; establish effective
enforcement practices and initiatives based on these needs; and, if needed, seek changes to
laws or administrative rules;
new text end

new text begin (3) it shall work to build capacity to assist local, state, Tribal, and federal authorities
and other criminal justice partners in the investigation and prosecution of animal cruelty,
including providing information, education, advice, training, services, and resources, and
engaging communities in the prevention of animal cruelty;
new text end

new text begin (4) it shall work to provide standards, training, and certification for authorities and
criminal justice partners in the enforcement of animal cruelty laws;
new text end

new text begin (5) it shall work to educate, train, and build public awareness of the importance of the
humane treatment of animals with the goals of demonstrating why animal cruelty is harmful
to society and increasing knowledge about how to recognize and report animal cruelty;
new text end

new text begin (6) it shall support the advisory committee established in section 299P.03 and coordinate
the office's mission with the committee's guidance;
new text end

new text begin (7) it may conduct case reviews involving the investigation, prosecution, and sentencing
of selected closed animal cruelty cases and provide feedback to the entities involved;
new text end

new text begin (8) it may collect, maintain, analyze, and report on data relating to animal cruelty cases;
new text end

new text begin (9) it may conduct and compile research into animal cruelty and publicize the results of
the research; and
new text end

new text begin (10) it may award grants as provided in section 299P.06.
new text end

new text begin Subd. 3. new text end

new text begin Annual performance report. new text end

new text begin On or before January 15 of each year, the director
shall submit an annual report to the chairs and ranking minority members of the legislative
committees having jurisdiction over public safety finance and policy on the office's operations
and any recommendations for changes in law relating to animal protection.
new text end

Sec. 3.

new text begin [299P.03] ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Advisory committee. new text end

new text begin The commissioner shall establish and appoint the
members of an advisory committee pursuant to section 15.059. The committee shall adopt
procedures to govern the committee's conduct as necessary and select a chair from among
its members. The committee shall act in an advisory capacity, providing assistance and
advice to the office in the development and execution of its duties, including outreach to
communities and stakeholders.
new text end

new text begin Subd. 2. new text end

new text begin Committee members. new text end

new text begin Committee members shall possess knowledge, skills,
or experiences in the prevention, investigation, or prosecution of animal cruelty and the
care of animals, reflecting the five disciplines described in section 299P.02, subdivision 2,
clause (1), items (i) to (v). The committee shall also include members of the public with
knowledge of animal law and animal cruelty or experiences with animal cruelty as a victim,
including trauma of victims.
new text end

new text begin Subd. 3. new text end

new text begin Subcommittees. new text end

new text begin The committee may establish subcommittees to identify,
discuss, and make recommendations on specific topics related to animal cruelty and effective
enforcement efforts of animal cruelty statutes, including but not limited to animal cruelty
reporting, victim services, crime data collection, cross-reporting, courtroom advocates, and
crime prevention.
new text end

Sec. 4.

new text begin [299P.04] DIRECTOR; OTHER STAFF.
new text end

new text begin (a) The commissioner shall appoint a director for the office. The director shall have
qualifications that include or are similar to the following:
new text end

new text begin (1) experience or knowledge in criminal law;
new text end

new text begin (2) experience or knowledge in the many facets of animal cruelty and the five disciplines
described in section 299P.02, subdivision 2, clause (1), items (i) to (v), that contribute to
the protection of animals and humans and successful outcomes; and
new text end

new text begin (3) expertise in leadership with planning and communication skills to foster change
management techniques and define, develop, and implement office priorities, policies, and
operations.
new text end

new text begin (b) The director may hire additional staff to assist in performing the duties of the office.
Office staff shall be in the classified service of the state and their compensation shall be
established pursuant to chapter 43A.
new text end

Sec. 5.

new text begin [299P.05] AGREEMENTS AND CONTRACTS; LOCAL AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Agreements and contracts. new text end

new text begin The director may enter into contracts with
parties to assist with fulfilling the office's powers and duties under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Authority of local governing bodies. new text end

new text begin This chapter shall not be construed to
limit or preempt additional requirements imposed on or possessed by any city, town, or
county.
new text end

Sec. 6.

new text begin [299P.06] ANIMAL PROTECTION ACCOUNT; GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Money received from other sources. new text end

new text begin The director may accept money
received as gifts, grants, or contributions from any source to support the purposes of the
office under this chapter. The director may apply for and accept grants of money from the
federal government, the state, any foundation, or any person to support the purposes of the
office.
new text end

new text begin Subd. 2. new text end

new text begin Animal protection account. new text end

new text begin An animal protection account is created in the
special revenue fund. All money received under subdivision 1 shall be deposited into the
account. Money in the account, including interest, is annually appropriated to the
commissioner to administer this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Grants authorized. new text end

new text begin The commissioner may use money in the animal protection
account to make grants to state and local units of government and nonprofit organizations
to promote animal protection efforts as described in this chapter.
new text end

Sec. 7. new text begin OFFICE OF ANIMAL PROTECTION; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
public safety to establish and operate the Office of Animal Protection established under this
act.
new text end