Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 394-H.F.No. 1113 
           An act relating to state departments and agencies; 
          abolishing the Minnesota humane society as a state 
          agency and authorizing its formation as a state 
          federation of county and district societies; providing 
          for the powers and duties of county and district 
          societies and for the prevention of cruelty to 
          animals; amending Minnesota Statutes 1986, sections 
          16B.51, subdivision 1; 43A.27, subdivision 2; 343.01; 
          343.06; 343.10; 343.11; 343.12; 343.22, subdivision 1; 
          343.29, subdivision 1; 346.37, subdivision 6; and 
          347.37; repealing Minnesota Statutes 1986, section 
          343.08.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 16B.51, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUPERVISION BY COMMISSIONER.] The 
commissioner shall supervise and control the making and 
distribution of all reports and other publications of all kinds 
issued by the state and state agencies when not otherwise 
prescribed by law.  The commissioner shall also prescribe the 
manner and form of issuing reports required by sections 8.08; 
16A.50; 35.03; 139.08, subdivision 5; 256.01; 268.12, 
subdivision 2; 299C.18; 343.08; and 360.015, subdivision 17.  
    Sec. 2.  Minnesota Statutes 1986, section 43A.27, 
subdivision 2, is amended to read:  
    Subd. 2.  [ELECTIVE ELIGIBILITY.] The following persons, if 
not otherwise covered by section 43A.24, may elect coverage for 
themselves or their dependents at their own expense: 
    (a) A state employee, including persons on layoff from a 
civil service position as provided in collective bargaining 
agreements or a plan established pursuant to section 43A.18; 
    (b) An employee of the board of regents of the University 
of Minnesota, including persons on layoff, as provided in 
collective bargaining agreements or by the board of regents; 
    (c) An officer or employee of the state agricultural 
society, state horticultural society, Sibley house association, 
Minnesota humanities commission, Minnesota international center, 
Minnesota academy of science, science museum of Minnesota, 
Minnesota safety council, Minnesota humane society, state office 
of disabled American veterans, state office of the American 
Legion and its auxiliary, or state office of veterans of foreign 
wars and its auxiliary; 
    (d) A civilian employee of the adjutant general who is paid 
from federal funds and who is not eligible for benefits from any 
federal civilian employee group life insurance or health 
benefits program; and 
    (e) An officer or employee of the state capitol credit 
union or the highway credit union. 
    Sec. 3.  Minnesota Statutes 1986, section 343.01, is 
amended to read: 
    343.01 [PURPOSES; POWERS; COUNTY ORGANIZATION.] 
    Subdivision 1.  [FORMATION AUTHORIZED.] The Minnesota 
humane society is hereby confirmed and continued, with all 
existing powers, A state federation of county and district 
societies for the prevention of cruelty to animals may be 
created as a corporation under chapter 317 for the purpose of 
inculcating humane principles, the enforcement of law, and the 
prevention of cruelty, especially to animals provided in section 
343.06.  The Minnesota humane society federation may make 
reasonable rules governing the humane care, treatment, 
transportation, and in extreme cases the disposition by death or 
sale of animals as it deems expedient to accomplish its 
purposes.  It may appoint representatives in any county where no 
active county or district society exists, for the purpose of 
receiving and accounting for funds from any source, and may also 
appoint agents at large to carry out the work of the 
society federation throughout the state.  This society The 
federation and all county and district societies may appoint 
agents for the purpose of investigating or otherwise assisting 
lawfully empowered officials in the prosecution of persons 
charged with cruelty to animals.  Appointed agents must have 
training and experience in activities relating to prevention of 
cruelty to animals or enforcement of laws relating to cruelty to 
animals.  Branches of the society, consisting of not less than 
ten members, may be organized in any part of the state to 
prosecute the work of the society in their several localities 
under rules established by it. It The federation may make rules 
and bylaws as are necessary to implement the provisions of its 
authority under this chapter and under chapter 317. 
    Subd. 2.  [NAME OF SOCIETY FEDERATION.] It shall be 
unlawful for any organization, association, firm or corporation 
not authorized by this chapter to refer to itself as or in any 
way to use the names Minnesota federated humane societies, 
Minnesota society for the prevention of cruelty, the Minnesota 
humane society, or any combination of words or phrases using the 
above names which would imply that it represents, acts in behalf 
or is a branch of said society the federation.  
    Subd. 3.  [POWERS AND DUTIES.] The society federation must 
be governed by a board of directors consisting of seven persons 
appointed by the governor.  The governor, the commissioner of 
education, and the attorney general, or their designees shall 
serve as ex officio, nonvoting members of the board.  The 
membership terms, compensation, removal, and filling of 
vacancies of board members other than ex officio members shall 
be as provided in section 15.0575; provided that the terms of 
two initial members shall expire in each of 1979, 1980, and 
1981, and the term of the seventh initial member shall expire in 
1982.  The members of the board shall annually elect a chair and 
other officers as deemed necessary.  Meetings must be called by 
the chair or at least two other members.  The board shall 
appoint an executive director who shall serve in the 
unclassified civil service at the board's pleasure.  The 
executive director may employ other staff who shall serve in the 
unclassified civil service.  The commissioner of administration 
upon request of the executive director shall supply the board 
with necessary office space and administrative services, and the 
board shall reimburse the commissioner for the cost designated 
in accordance with chapter 317.  The powers, duties, and 
organization of the federation and other matters for the conduct 
of the business of the federation shall be as provided in 
chapter 317 and in the federation's articles of incorporation 
and bylaws. 
    Sec. 4.  Minnesota Statutes 1986, section 343.06, is 
amended to read: 
    343.06 [DUTIES PURPOSE.] 
    It shall be the duty purpose of the Minnesota state 
federation of county and district humane society societies to 
secure assist in the enforcement of the laws for the prevention 
of wrongs to animals; to assist in the organization of district 
and county societies and the appointment of local and state 
agents, and give them representation in the state society 
federation; to aid such societies and agents in the enforcement 
of the laws for the prevention of wrongs to animals which may 
now or hereafter exist, and to promote the growth of education 
and sentiment favorable to the protection of animals. 
    Sec. 5.  Minnesota Statutes 1986, section 343.10, is 
amended to read: 
    343.10 [COUNTY AND DISTRICT SOCIETIES.] 
    A county societies society for the prevention of cruelty to 
animals may be formed in any county and a district society for 
the prevention of cruelty to animals may be formed in any group 
of two or more contiguous or noncontiguous counties or parts of 
counties by not less than seven incorporators, and the members, 
at a meeting called for that purpose, may elect not less than 
three of their number directors, who shall continue in office 
until their successors have qualified.  County and district 
societies shall be created as corporations under chapter 317 and 
as provided in the bylaws of the state federation. 
     Sec. 6.  Minnesota Statutes 1986, section 343.11, is 
amended to read:  
    343.11 [ACQUISITION OF PROPERTY, APPROPRIATIONS.] 
    Every county and district society for the prevention of 
cruelty to animals may acquire, by purchase, gift, grant, or 
devise, and hold, use, or convey, real estate and personal 
property, and lease, mortgage, sell, or use the same in any 
manner conducive to its interest, to the same extent as natural 
persons.  The county board of any county, or the council of any 
city, in which such societies exist, may, in its discretion, 
appropriate for the maintenance and support of such societies in 
the transaction of the work for which they are organized, any 
sums of money not otherwise appropriated, not to exceed in any 
one year the sum of $4,800 or the sum of 50 cents per capita 
based upon the county's or city's population as of the most 
recent federal census, whichever is greater; provided, that no 
part of the appropriation shall be expended for the payment of 
the salary of any officer of the society. 
    Sec. 7.  Minnesota Statutes 1986, section 343.12, is 
amended to read:  
    343.12 [DUTIES OF PEACE OFFICERS.] 
    Upon application of any appointed agent at large or county 
agent in the agent's county of appointment agent appointed by 
the federation or a county or district society, it shall be the 
duty of, any sheriff or the agent's deputy or any police officer 
to investigate any alleged violation of the law relative to 
cruelty to animals, and to arrest any person found violating 
those laws.  It shall also be the duty of those officers to take 
possession of any animals in their respective jurisdictions 
which have been cruelly treated, and deliver the same to the 
proper officers of the county or district for custody and care. 
    Sec. 8.  Minnesota Statutes 1986, section 343.22, 
subdivision 1, is amended to read:  
    Subdivision 1.  [REPORTING.] Any person who has reason to 
believe that a violation of section 343.21 chapter 343 has taken 
place or is taking place may apply to any court having 
jurisdiction over actions alleging violation of that section for 
a warrant and for investigation.  The court shall examine under 
oath the person so applying and any witnesses the applicant 
produces and the court shall take their affidavits in writing.  
The affidavits must set forth facts tending to establish the 
grounds for believing a violation of section 343.21 chapter 343 
has occurred or is occurring, or probable cause to believe that 
a violation exists.  If the court is satisfied of the existence 
of the grounds of the application, or that there is probable 
cause to believe a violation exists, it shall issue a signed 
search warrant and order for investigation to a peace officer in 
the county.  The order shall command the officer to proceed 
promptly to the location of the alleged violation, along with a 
doctor of veterinary medicine.  
    Sec. 9.  Minnesota Statutes 1986, section 343.29, 
subdivision 1, is amended to read:  
    Subdivision 1. [DELIVERY TO SHELTER.] Any sheriff, 
constable, statutory city marshal, police peace officer, or any 
agent of the Minnesota society federation or other county or 
district societies for the prevention of cruelty, may remove, 
shelter, and care for any horse or other animal found exposed to 
the weather and not properly blanketed, or any animal remaining 
more than one hour without attention in cold or inclement 
weather, which is not properly sheltered from cold, hot, or 
inclement weather or any animal not properly fed and watered, or 
provided with suitable food and drink.  When necessary, 
a sheriff, constable, marshal, police peace officer, or agent 
may deliver the animal to another person to be sheltered and 
cared for, and furnished with suitable food and drink.  In all 
cases, the owner, if known, shall be immediately notified, 
and the officer, or the person having possession of the animal, 
shall have a lien thereon for its care and keeping, the 
reasonable value of the food and drink furnished, and the 
expenses of the notice.  If the owner or custodian is unknown 
and cannot by reasonable effort be ascertained, or does not, 
within five days after notice, redeem the animal by paying the 
expenses incurred pursuant to authorized by this subdivision, 
the animal may be treated as an estray.  
    Sec. 10.  Minnesota Statutes 1986, section 346.37, 
subdivision 6, is amended to read:  
    Subd. 6.  [REPORTS OF ABUSE, CRUELTY, OR NEGLECT.] A 
veterinarian must report known or suspected cases of abuse, 
cruelty, or neglect to the state humane society or a local 
humane society peace officers and humane agents as provided in 
343.12 and 343.29.  
    Sec. 11.  Minnesota Statutes 1986, section 347.37, is 
amended to read:  
    347.37 [INSPECTION; ENFORCEMENT.] 
    The board of animal health shall cause to be inspected from 
time to time all dog kennels licensed hereunder and all records 
required by sections 347.31 to 347.40 to be kept by the 
licensees. 
    Any duly authorized agent of the board, any sheriff, or 
sheriff's deputy, or police officer, or state humane agent 
appointed pursuant to section 343.01, is granted the power and 
the authority to enter upon the premises of any dog kennel at 
any time during the daylight hours for the purposes herein set 
forth, and for the purposes of inspecting the compliance with 
the provisions of sections 347.31 to 347.40 and the rules issued 
pursuant thereto, and for the purposes of enforcing sections 
347.31 to 347.40. 
    Sec. 12.  [REPORT TO LEGISLATURE.] 
    The commissioner of administration shall, by January 1, 
1988, report to the legislature on the implementation of 
sections 1 to 11.  The report must include the number of 
counties that have established or maintained county humane 
societies, the number and location of district societies, and a 
summary of any efforts to establish a state federation of county 
and district societies. 
    Sec. 13.  [DISSOLUTION AND TRANSFER OF ASSETS.] 
    The commissioner of administration shall, on the effective 
date of sections 1 to 11, begin proceedings to dissolve the 
corporation known as the Minnesota humane society, confirmed and 
continued by Minnesota Statutes, section 343.01.  Upon notice 
that a state federation of county and district societies for the 
prevention of cruelty to animals has registered its 
incorporation with the secretary of state, the commissioner 
shall transfer the assets of the dissolved corporation to the 
successor corporation as provided by chapter 317.  The 
commissioner shall accept contributions or bequests made to the 
dissolved corporation that are received after its dissolution 
and determine whether the terms of the donation permit its 
transfer to the successor corporation.  Donations that cannot be 
transferred to the successor shall be returned to the donor or 
the estate of the donor. 
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1986, section 343.08, is repealed. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 14 are effective the day following final 
enactment. 
    Approved June 3, 1987