Bill Text: MN HF1098 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Seized animal disposition requirements changed, and penalty imposed.
Sponsorship: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2012-02-29 - Author added Slawik [HF1098 Detail]
Download: Minnesota-2011-HF1098-Introduced.html
1.2relating to animals; changing certain requirements for disposition of certain
1.3animals; imposing a penalty;amending Minnesota Statutes 2010, sections 35.71,
1.4subdivisions 1, 3, 7, by adding subdivisions; 347.54, subdivisions 2, 3; repealing
1.5Minnesota Statutes 2010, section 35.71, subdivisions 2, 4, 5, 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 35.71, subdivision 1, is amended to read:
1.8 Subdivision 1. Definitions. As used in this section, "establishment" means any
1.9public or private agency, person, society, or corporation having custody of animals which
1.10are seized under the authority of the state or any political subdivision of the state.and
1.11"institution" means a school or college of agriculture, veterinary medicine, medicine,
1.12pharmacy, or dentistry, or an educational or scientific establishment properly concerned
1.13with investigation or instruction concerning the structure or functions of living organisms
1.14or the cause, prevention, control, or cure of diseases or abnormal conditions of human
1.15beings or animals.
1.16 Sec. 2. Minnesota Statutes 2010, section 35.71, subdivision 3, is amended to read:
1.17 Subd. 3.Stray animals; seizure, disposition Seized animals; impoundment;
1.18record keeping. All animals seized by public authority must be held for redemption by
1.19the owner for at least five regular business days of the impounding agency or for a longer
1.20time specified by municipal ordinance. For the purpose of this subdivision, "regular
1.21business day" means a day during which the establishment having custody of an animal is
1.22open to the public not less than four consecutive hours between the hours of 8:00 a.m. and
1.237:00 p.m. Establishments must maintain the following records of the animals in custody,
1.24and preserve the records for at least six months:
2.1(a) the description of the animal by species, breed, sex, approximate age, and other
2.2distinguishing traits;
2.3(b) the location at which the animal was seized;
2.4(c) the date of seizure;
2.5(d) the name and address of the person from whom any animal three months of age
2.6or over was received; and
2.7(e) the name and address of the person to whom any animal three months of age
2.8or over was transferred.
2.9The records must be maintained in a form permitting easy perusal by the public.
2.10A person may view the records and animals in custody at any time during which the
2.11establishment is open to the public.At the end of the five-day period, all animals
2.12which remain unredeemed must be made available to any licensed institution which has
2.13requested that number of animals. However, if a tag affixed to the animal or a statement
2.14by the animal's owner after the animal's seizure specifies that the animal may not be used
2.15for research, the animal must not be made available to any institution and may, in the
2.16discretion of the establishment, be destroyed after the expiration of the five-day period. If
2.17a request is made by a licensed institution to an establishment for more animals than are
2.18available at the time of the request, the establishment must withhold from destruction all
2.19unclaimed and unredeemed animals until the request has been filled. The actual expense
2.20of holding animals beyond the time of notice to the institution of their availability must be
2.21borne by the institution receiving them. An establishment which fails or refuses to comply
2.22with this section is ineligible for any further public funds from any county or municipality.
2.23Upon receipt of a sworn statement by an authorized officer or employee of a licensed
2.24institution of noncompliance by any establishment with this section, the treasurer of any
2.25municipality or other political subdivision of the state may not pay any public funds to the
2.26establishment until the complainant withdraws its statement of noncompliance or until the
2.27board either determines that the complaint of noncompliance was without foundation or
2.28that the establishment has given adequate assurance of future compliance and the treasurer
2.29of the municipality or other political subdivision has been notified of the determination
2.30in writing. If it appears upon a person's complaint that an officer, agent, or employee of
2.31an establishment is violating or failing to carry out the provisions of this section, the
2.32attorney general or county attorney of the county in which the establishment is located, in
2.33addition to any other remedies, may bring an action in the name of the state against the
2.34establishment, officer, agent, or employee to enjoin compliance with this section.
3.1 Sec. 3. Minnesota Statutes 2010, section 35.71, is amended by adding a subdivision to
3.2read:
3.3 Subd. 4a. Release of animals. No person may release any animal from the
3.4custody or control of an establishment for any purpose except adoption or to improve
3.5the opportunity for adoption, redemption by the owner of the animal, or other suitable
3.6placement in the best interest of the animal. "Improve the opportunity for adoption"
3.7includes the temporary transfer of an animal to a veterinarian or college of veterinary
3.8medicine for the purpose of sterilization or needed veterinary care.
3.9 Sec. 4. Minnesota Statutes 2010, section 35.71, subdivision 7, is amended to read:
3.10 Subd. 7. Rules. The board may adopt rules consistent with this section necessary to
3.11carry out the provisions of this section., and may, if the board considers it advisable or in
3.12the public interest, inspect or investigate any institution which has applied for a license or
3.13has been granted a license under this section.
3.14 Sec. 5. Minnesota Statutes 2010, section 35.71, is amended by adding a subdivision to
3.15read:
3.16 Subd. 9. Violation; penalty. Violation of this section is a gross misdemeanor.
3.17 Sec. 6. Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:
3.18 Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed
3.19by the owner of the dog upon payment of impounding and boarding fees, and presenting
3.20proof to the appropriate animal control authority that the requirements of sections347.51
3.21and347.52 will be met. A dog not reclaimed under this subdivision within seven days
3.22may be disposed ofas provided under section
35.71, subdivision 3
3.23by law, and the owner is liable to the animal control authority for costs incurred in
3.24confining and disposing of the dog.
3.25 Sec. 7. Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:
3.26 Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a
3.27misdemeanor for violating a provision of section347.51, 347.515, or
347.52 , and the
3.28person is charged with a subsequent violation relating to the same dog, the dog must be
3.29seized by the animal control authority having jurisdiction. If the owner is convicted of the
3.30crime for which the dog was seized, the court shall order that the dog be destroyed in a
3.31proper and humane manner and the owner pay the cost of confining and destroying the
3.32animal. If the owner is not convicted and the dog is not reclaimed by the owner within
4.1seven days after the owner has been notified that the dog may be reclaimed, the dog may be
4.2disposed ofas provided under section
35.71, subdivision 3
4.3 Sec. 8. REPEALER.
4.4Minnesota Statutes 2010, section 35.71, subdivisions 2, 4, 5, and 6, are repealed.
1.3animals; imposing a penalty;amending Minnesota Statutes 2010, sections 35.71,
1.4subdivisions 1, 3, 7, by adding subdivisions; 347.54, subdivisions 2, 3; repealing
1.5Minnesota Statutes 2010, section 35.71, subdivisions 2, 4, 5, 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 35.71, subdivision 1, is amended to read:
1.8 Subdivision 1. Definitions. As used in this section, "establishment" means any
1.9public or private agency, person, society, or corporation having custody of animals which
1.10are seized under the authority of the state or any political subdivision of the state.
1.11
1.12
1.13
1.14
1.15
1.16 Sec. 2. Minnesota Statutes 2010, section 35.71, subdivision 3, is amended to read:
1.17 Subd. 3.
1.18record keeping. All animals seized by public authority must be held for redemption by
1.19the owner for at least five regular business days of the impounding agency or for a longer
1.20time specified by municipal ordinance. For the purpose of this subdivision, "regular
1.21business day" means a day during which the establishment having custody of an animal is
1.22open to the public not less than four consecutive hours between the hours of 8:00 a.m. and
1.237:00 p.m. Establishments must maintain the following records of the animals in custody,
1.24and preserve the records for at least six months:
2.1(a) the description of the animal by species, breed, sex, approximate age, and other
2.2distinguishing traits;
2.3(b) the location at which the animal was seized;
2.4(c) the date of seizure;
2.5(d) the name and address of the person from whom any animal three months of age
2.6or over was received; and
2.7(e) the name and address of the person to whom any animal three months of age
2.8or over was transferred.
2.9The records must be maintained in a form permitting easy perusal by the public.
2.10A person may view the records and animals in custody at any time during which the
2.11establishment is open to the public.
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
3.1 Sec. 3. Minnesota Statutes 2010, section 35.71, is amended by adding a subdivision to
3.2read:
3.3 Subd. 4a. Release of animals. No person may release any animal from the
3.4custody or control of an establishment for any purpose except adoption or to improve
3.5the opportunity for adoption, redemption by the owner of the animal, or other suitable
3.6placement in the best interest of the animal. "Improve the opportunity for adoption"
3.7includes the temporary transfer of an animal to a veterinarian or college of veterinary
3.8medicine for the purpose of sterilization or needed veterinary care.
3.9 Sec. 4. Minnesota Statutes 2010, section 35.71, subdivision 7, is amended to read:
3.10 Subd. 7. Rules. The board may adopt rules consistent with this section necessary to
3.11carry out the provisions of this section.
3.12
3.13
3.14 Sec. 5. Minnesota Statutes 2010, section 35.71, is amended by adding a subdivision to
3.15read:
3.16 Subd. 9. Violation; penalty. Violation of this section is a gross misdemeanor.
3.17 Sec. 6. Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:
3.18 Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed
3.19by the owner of the dog upon payment of impounding and boarding fees, and presenting
3.20proof to the appropriate animal control authority that the requirements of sections
3.21and
3.22may be disposed of
3.23by law, and the owner is liable to the animal control authority for costs incurred in
3.24confining and disposing of the dog.
3.25 Sec. 7. Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:
3.26 Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a
3.27misdemeanor for violating a provision of section
3.28person is charged with a subsequent violation relating to the same dog, the dog must be
3.29seized by the animal control authority having jurisdiction. If the owner is convicted of the
3.30crime for which the dog was seized, the court shall order that the dog be destroyed in a
3.31proper and humane manner and the owner pay the cost of confining and destroying the
3.32animal. If the owner is not convicted and the dog is not reclaimed by the owner within
4.1seven days after the owner has been notified that the dog may be reclaimed, the dog may be
4.2disposed of
4.3 Sec. 8. REPEALER.
4.4Minnesota Statutes 2010, section 35.71, subdivisions 2, 4, 5, and 6, are repealed.
