Bill Text: MN SF705 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Seized animals disposition requirements modifications
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2011-05-02 - Author added Nelson [SF705 Detail]
Download: Minnesota-2011-SF705-Engrossed.html
1.2relating to animals; changing requirements for the disposition of certain animals;
1.3amending Minnesota Statutes 2010, section 347.54, subdivisions 2, 3; proposing
1.4coding for new law in Minnesota Statutes, chapter 346; repealing Minnesota
1.5Statutes 2010, section 35.71, subdivisions 1, 2, 3, 4, 5, 6, 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [346.47] SEIZED ANIMALS.
1.8 Subdivision 1. Definitions. As used in this section:
1.9(1) "establishment" means any public or private agency, person, society, or
1.10corporation having custody of animals that are seized under the authority of the state or
1.11any political subdivision of the state; and
1.12(2) "regular business day" means a day during which the establishment having
1.13custody of an animal is open to the public not less than four consecutive hours between
1.14the hours of 8:00 a.m. and 7:00 p.m.
1.15 Subd. 2. Impoundment; record keeping. All animals seized by public authority
1.16must be held in an establishment for redemption by the owner for at least five regular
1.17business days of the establishment or for a longer time specified by municipal ordinance.
1.18Establishments must maintain the following records of the animals in custody, and
1.19preserve the records for at least six months:
1.20(1) the description of the animal by species, breed, sex, approximate age, and other
1.21distinguishing traits;
1.22(2) the location at which the animal was seized;
1.23(3) the date of seizure;
1.24(4) the name and address of the person from whom any animal three months of age
1.25or over was received; and
2.1(5) the name and address of the person to whom any animal three months of age
2.2or over was transferred.
2.3The records must be maintained in a form permitting easy perusal by the public.
2.4A person may view the records and animals in custody at any time during which the
2.5establishment is open to the public.
2.6 Subd. 3. Release of animals. A person must not release an animal seized and held
2.7under this section for research or product testing, either directly or through an animal
2.8dealer. This subdivision does not apply to the temporary transfer of an animal to a college
2.9of veterinary medicine or veterinary technology school accredited by the American
2.10Veterinary Medicine Association for the purpose of sterilization or needed veterinary care.
2.11 Sec. 2. Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:
2.12 Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed
2.13by the owner of the dog upon payment of impounding and boarding fees, and presenting
2.14proof to the appropriate animal control authority that the requirements of sections347.51
2.15and347.52 will be met. A dog not reclaimed under this subdivision within seven days
2.16may be disposed ofas provided under section
35.71, subdivision 3
2.17by law, and the owner is liable to the animal control authority for costs incurred in
2.18confining and disposing of the dog.
2.19 Sec. 3. Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:
2.20 Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a
2.21misdemeanor for violating a provision of section347.51, 347.515, or
347.52 , and the
2.22person is charged with a subsequent violation relating to the same dog, the dog must be
2.23seized by the animal control authority having jurisdiction. If the owner is convicted of the
2.24crime for which the dog was seized, the court shall order that the dog be destroyed in a
2.25proper and humane manner and the owner pay the cost of confining and destroying the
2.26animal. If the owner is not convicted and the dog is not reclaimed by the owner within
2.27seven days after the owner has been notified that the dog may be reclaimed, the dog may be
2.28disposed ofas provided under section
35.71, subdivision 3
2.29 Sec. 4. REPEALER.
2.30Minnesota Statutes 2010, section 35.71, subdivisions 1, 2, 3, 4, 5, 6, and 7, are
2.31repealed.
1.3amending Minnesota Statutes 2010, section 347.54, subdivisions 2, 3; proposing
1.4coding for new law in Minnesota Statutes, chapter 346; repealing Minnesota
1.5Statutes 2010, section 35.71, subdivisions 1, 2, 3, 4, 5, 6, 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [346.47] SEIZED ANIMALS.
1.8 Subdivision 1. Definitions. As used in this section:
1.9(1) "establishment" means any public or private agency, person, society, or
1.10corporation having custody of animals that are seized under the authority of the state or
1.11any political subdivision of the state; and
1.12(2) "regular business day" means a day during which the establishment having
1.13custody of an animal is open to the public not less than four consecutive hours between
1.14the hours of 8:00 a.m. and 7:00 p.m.
1.15 Subd. 2. Impoundment; record keeping. All animals seized by public authority
1.16must be held in an establishment for redemption by the owner for at least five regular
1.17business days of the establishment or for a longer time specified by municipal ordinance.
1.18Establishments must maintain the following records of the animals in custody, and
1.19preserve the records for at least six months:
1.20(1) the description of the animal by species, breed, sex, approximate age, and other
1.21distinguishing traits;
1.22(2) the location at which the animal was seized;
1.23(3) the date of seizure;
1.24(4) the name and address of the person from whom any animal three months of age
1.25or over was received; and
2.1(5) the name and address of the person to whom any animal three months of age
2.2or over was transferred.
2.3The records must be maintained in a form permitting easy perusal by the public.
2.4A person may view the records and animals in custody at any time during which the
2.5establishment is open to the public.
2.6 Subd. 3. Release of animals. A person must not release an animal seized and held
2.7under this section for research or product testing, either directly or through an animal
2.8dealer. This subdivision does not apply to the temporary transfer of an animal to a college
2.9of veterinary medicine or veterinary technology school accredited by the American
2.10Veterinary Medicine Association for the purpose of sterilization or needed veterinary care.
2.11 Sec. 2. Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:
2.12 Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed
2.13by the owner of the dog upon payment of impounding and boarding fees, and presenting
2.14proof to the appropriate animal control authority that the requirements of sections
2.15and
2.16may be disposed of
2.17by law, and the owner is liable to the animal control authority for costs incurred in
2.18confining and disposing of the dog.
2.19 Sec. 3. Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:
2.20 Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a
2.21misdemeanor for violating a provision of section
2.22person is charged with a subsequent violation relating to the same dog, the dog must be
2.23seized by the animal control authority having jurisdiction. If the owner is convicted of the
2.24crime for which the dog was seized, the court shall order that the dog be destroyed in a
2.25proper and humane manner and the owner pay the cost of confining and destroying the
2.26animal. If the owner is not convicted and the dog is not reclaimed by the owner within
2.27seven days after the owner has been notified that the dog may be reclaimed, the dog may be
2.28disposed of
2.29 Sec. 4. REPEALER.
2.30Minnesota Statutes 2010, section 35.71, subdivisions 1, 2, 3, 4, 5, 6, and 7, are
2.31repealed.
