2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to animals; requiring court order issued on 1.3 complaint of animal cruelty to require that peace 1.4 officer be accompanied by veterinarian; allowing 1.5 veterinarians to dock horses; modifying requirements 1.6 for the care of equine animals; repealing restrictions 1.7 on clipped animals; changing dog house specifications; 1.8 amending Minnesota Statutes 1996, sections 343.22, 1.9 subdivision 1; 343.25; 343.40, subdivision 2; and 1.10 346.38, subdivisions 4 and 5; repealing Minnesota 1.11 Statutes 1996, section 343.26. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 1996, section 343.22, 1.14 subdivision 1, is amended to read: 1.15 Subdivision 1. [REPORTING.] Any person who has reason to 1.16 believe that a violation of this chapter has taken place or is 1.17 taking place may apply to any court having jurisdiction over 1.18 actions alleging violation of that section for a warrant and for 1.19 investigation. The court shall examine under oath the person so 1.20 applying and any witnesses the applicant produces and the court 1.21 shall take their affidavits in writing. The affidavits must set 1.22 forth facts tending to establish the grounds for believing a 1.23 violation of this chapter has occurred or is occurring, or 1.24 probable cause to believe that a violation exists. If the court 1.25 is satisfied of the existence of the grounds of the application, 1.26 or that there is probable cause to believe a violation exists, 1.27 it shall issue a signed search warrant and order for 1.28 investigation to a peace officer in the county. The order shall 2.1 command the officer to proceed promptly to the location of the 2.2 alleged violation.
The order may command that a doctor of2.3 veterinary medicine accompany the officerIf a warrant is issued 2.4 before a judicial hearing, the order must command that a 2.5 Minnesota licensed doctor of veterinary medicine with no 2.6 financial connection to the county or its agents must accompany 2.7 the officer serving the warrant. 2.8 Sec. 2. Minnesota Statutes 1996, section 343.25, is 2.9 amended to read: 2.10 343.25 [DOCKING HORSES ; PENALTY.] 2.11 Except when performed by a licensed veterinarian, a person 2.12 who cuts the bony part of a horse's tail for the purpose of 2.13 docking it, or who causes or knowingly permits the same to be 2.14 done upon premises of which the person is owner, lessee, or 2.15 user, or who assists in the cutting is guilty of a misdemeanor. 2.16 When a horse is found so cut, upon the premises or in the2.17 custody of any person, and the wound resulting is unhealed, that2.18 fact shall constitute prima facie evidence that the offense was2.19 committed by the person. All fines resulting from complaint2.20 made by an officer or agent of any society of this state for the2.21 prevention of cruelty to animals for any offense specified in2.22 this section shall be paid to the society whose officer or agent2.23 made the complaint.2.24 Sec. 3. Minnesota Statutes 1996, section 343.40, 2.25 subdivision 2, is amended to read: 2.26 Subd. 2. [BUILDING SPECIFICATIONS.] The shelter shall 2.27 include a moistureproof and windproof structure of suitable size 2.28 to accommodate the dog and allow retention of body heat. It 2.29 shall be made of durable material with a solid floor raised at2.30 least two inches from the ground and with the entrance covered2.31 by a flexible windproof material or a self-closing swinging2.32 door. When appropriate for the season of the year and the breed 2.33 of dog using the structure, the structure must have a windbreak 2.34 at the entrance. The structure shall be provided with a 2.35 sufficient quantity of suitable bedding material consisting of 2.36 hay, straw, cedar shavings, blankets, or the equivalent, to 3.1 provide insulation and protection against cold and dampness and 3.2 promote retention of body heat. 3.3 Sec. 4. Minnesota Statutes 1996, section 346.38, 3.4 subdivision 4, is amended to read: 3.5 Subd. 4. [SHELTER.] Equines must be provided a minimum of3.6 free choice protection or constructed shelter from direct rays3.7 of the sun when temperatures exceed 95 degrees Fahrenheit, from3.8 wind, and from freezing precipitationhave available natural or 3.9 constructed shelter during extreme weather conditions. Natural3.10 orConstructed shelters must be of sufficient size to provide 3.11 the necessary protection . Constructed shelters must, be 3.12 structurally sound, free of injurious matter, maintained in good 3.13 repair, and ventilated. 3.14 Sec. 5. Minnesota Statutes 1996, section 346.38, 3.15 subdivision 5, is amended to read: 3.16 Subd. 5. [SPACE AND CLEANLINESS REQUIREMENTS.] Constructed3.17 shelters except for tie stalls must provide space for the animal3.18 to roll with a minimum danger of being cast.Stalls must be 3.19 cleaned and kept dry to the extent the animal is not required to 3.20 lie or stand in fluids. Bedding must be provided in all stalls, 3.21 kept reasonably clean, and periodically changed. The nature of 3.22 the bedding must not pose a health hazard to the animal. 3.23 Sec. 6. [REPEALER.] 3.24 Minnesota Statutes 1996, section 343.26, is repealed.