1.1                          A bill for an act 
  1.2             relating to animals; changing provisions relating to 
  1.3             dogs, cats, and livestock; changing duties of the 
  1.4             board of animal health; imposing penalties; amending 
  1.5             Minnesota Statutes 1994, sections 35.03; 325F.79; 
  1.6             325F.791; 325F.792, subdivision 2; 346.36, subdivision 
  1.7             4; 346.37, subdivision 6; 346.39, by adding a 
  1.8             subdivision; 346.51; 347.01; 347.04; 347.17; 347.22; 
  1.9             and 347.54, subdivision 1; proposing coding for new 
  1.10            law in Minnesota Statutes, chapters 31; 35; and 347; 
  1.11            repealing Minnesota Statutes 1994, sections 325F.792, 
  1.12            subdivision 1; 346.01; 346.02; 346.03; 346.04; 346.05; 
  1.13            346.06; 346.07; 346.08; 346.09; 346.10; 346.11; 
  1.14            346.12; 346.13; 346.14; 346.15; 346.16; 346.17; 
  1.15            346.18; 346.19; 346.37, subdivision 5; 346.44; 346.58; 
  1.16            347.02; 347.03; 347.05; 347.06; 347.07; 347.15; 
  1.17            347.16; and 347.39. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  [31.615] [DOGS AND CATS.] 
  1.20     No person shall sell, offer or expose for sale, or have in 
  1.21  possession with the intent to sell for human consumption, at 
  1.22  wholesale or retail, the meat from a dog or cat.  Violation of 
  1.23  this section is a misdemeanor. 
  1.24     Sec. 2.  Minnesota Statutes 1994, section 35.03, is amended 
  1.25  to read: 
  1.26     35.03 [POWERS, DUTIES, AND REPORTS.] 
  1.27     The board shall protect the health of Minnesota domestic 
  1.28  animals and carry out the provisions of this chapter.  The board 
  1.29  shall make rules necessary to protect the health of domestic 
  1.30  animals and to carry out this chapter.  The board shall meet at 
  1.31  least quarterly.  Officers must be elected each April.  On or 
  2.1   before November 1 of each year the board shall publish an annual 
  2.2   report.  
  2.3      Sec. 3.  [35.871] [LICENSING; INSPECTION; RECORDS.] 
  2.4      Subdivision 1.  [LICENSES.] No person, firm, or corporation 
  2.5   shall establish, maintain, conduct, or operate as a broker, 
  2.6   commercial breeder, or retail pet dealer within this state 
  2.7   without first obtaining a license from the board.  Licenses 
  2.8   under this section are for a two-year term, are personal to the 
  2.9   licensee, and are nontransferable. 
  2.10     Subd. 2.  [RULES.] The board shall adopt rules governing 
  2.11  licensing procedures and fees. 
  2.12     Subd. 3.  [INSPECTION.] An authorized agent of the board 
  2.13  may enter upon the premises of a person, firm, or corporation 
  2.14  required to be licensed under this section at any time during 
  2.15  normal business hours to inspect facilities and records. 
  2.16     Subd. 4.  [RECORDS.] Detailed records must be kept for at 
  2.17  least two years of all animals including, when applicable, the 
  2.18  date of birth; the sire and dam; the number in the litter; the 
  2.19  name and address of the person from whom any dog or cat has been 
  2.20  received, and the date when the transaction took place; the name 
  2.21  and address of the person to whom any dog or cat has been 
  2.22  transferred, sold, given, or bartered, and the date when the 
  2.23  transaction took place; and any other information required by 
  2.24  the board. 
  2.25     Sec. 4.  Minnesota Statutes 1994, section 325F.79, is 
  2.26  amended to read: 
  2.27     325F.79 [DEFINITIONS.] 
  2.28     For purposes of sections 325F.79 to 325F.792, the following 
  2.29  definitions apply: 
  2.30     (a) "Animal" means a dog, wholly or in part of the species 
  2.31  Canis familiaris, or a cat, wholly or in part of the species 
  2.32  Felis domesticus. 
  2.33     (b) "Retail pet dealer" means any person, firm, 
  2.34  partnership, corporation, or association, including commercial 
  2.35  breeders, ~~that is required to collect sales tax for the sale of~~ 
  2.36  ~~animals to the public.  Pet dealer does not include~~ humane 
  3.1   societies, nonprofit organizations performing the functions of 
  3.2   humane societies, ~~or~~ and animal control agencies, that in the 
  3.3   regular course of business or not-for-profit operations sells, 
  3.4   receives, transfers, barters, or gives away animals to the 
  3.5   public. 
  3.6      (c) "Commercial breeder" means any person, firm, 
  3.7   partnership, corporation, or association that breeds animals for 
  3.8   direct or indirect sale to the public and has sold, transferred, 
  3.9   or given away 50 or more animals in the preceding calendar year 
  3.10  or expects to sell, transfer, or give away 50 or more animals in 
  3.11  the current calendar year. 
  3.12     (d) "Broker" means a person, firm, partnership, 
  3.13  corporation, or association that purchases animals for resale to 
  3.14  other brokers ~~or~~, commercial breeders, retail pet dealers, or 
  3.15  research facilities. 
  3.16     (e) "Hobby breeder" means a person, firm, partnership, 
  3.17  corporation, or association that sells, transfers, or gives away 
  3.18  fewer than 50 animals in a calendar year.  
  3.19     (f) "Health problem" means any disease, illness, or 
  3.20  congenital or hereditary condition which would impair the health 
  3.21  or function of the animal that is apparent at the time of sale, 
  3.22  or which should have been apparent to the seller from the 
  3.23  veterinary history of the animal. 
  3.24     ~~(f)~~ (g) "Veterinarian" means a licensed veterinarian in the 
  3.25  state of Minnesota. 
  3.26     Sec. 5.  Minnesota Statutes 1994, section 325F.791, is 
  3.27  amended to read: 
  3.28     325F.791 [SALES OF DOGS AND CATS.] 
  3.29     Subdivision 1.  [DISCLOSURE.] Every retail pet dealer, 
  3.30  broker, and commercial breeder shall deliver to each ~~retail~~ 
  3.31  purchaser of an animal written disclosure as follows: 
  3.32     (a) The name, address, and USDA license number if 
  3.33  applicable of the commercial or hobby breeder and any broker who 
  3.34  has had possession of the animal; the date of the animal's birth 
  3.35  if known; the date the retail pet dealer received the animal; 
  3.36  the breed or reasonable description, sex, color, and identifying 
  4.1   marks of the animal; the individual identifying tag, microchip, 
  4.2   tattoo, or collar number; the name and registration number of 
  4.3   the sire and dam and the litter number if applicable; and a 
  4.4   record of inoculations, worming treatments, and medication 
  4.5   received by the animal while in the possession of the retail pet 
  4.6   dealer, broker, or commercial breeder. 
  4.7      (b) A statement signed by the retail pet dealer, broker, or 
  4.8   commercial breeder and a veterinarian that the animal has no 
  4.9   known health problem, or a statement signed by the retail pet 
  4.10  dealer, broker, or commercial breeder disclosing any known 
  4.11  health problem and a statement signed by a veterinarian that 
  4.12  recommends necessary treatment. 
  4.13     The disclosure shall be made part of the statement of 
  4.14  consumer rights set forth in subdivision 10.  ~~The disclosure~~ 
  4.15  ~~required in paragraph (a) need not be made for mixed breed~~ 
  4.16  ~~animals if the information is not available and cannot be~~ 
  4.17  ~~determined by the pet dealer.~~ 
  4.18     Subd. 2.  [RECORDS.] The retail pet dealer shall maintain, 
  4.19  for ~~one year~~ two years, a copy of the statement of disclosure 
  4.20  and consumer rights delivered to the purchaser. 
  4.21     Subd. 3.  [REGISTRATION.] A retail pet dealer, broker, or 
  4.22  commercial breeder who represents an animal as eligible for 
  4.23  registration with an animal ~~pedigree~~ registry organization shall 
  4.24  provide the ~~retail~~ purchaser, within 90 days of final payment, 
  4.25  the documents necessary for registration.  If these documents 
  4.26  are not received from the retail pet dealer, broker, or 
  4.27  commercial breeder, the purchaser may retain the animal and 
  4.28  receive a refund of 50 percent of the purchase price, or return 
  4.29  the animal, along with all documentation previously provided, 
  4.30  and receive a full refund.  The retail pet dealer shall not be 
  4.31  responsible for delays in registration which are the result 
  4.32  of actions by persons other than the retail pet dealer. 
  4.33     Subd. 4.  [HEALTH.] No animal may be offered for sale by a 
  4.34  broker ~~or~~, retail pet dealer, or commercial breeder to a ~~retail~~ 
  4.35  purchaser until the animal has been examined by a veterinarian.  
  4.36  The veterinarian used by the broker shall not be the same 
  5.1   veterinarian used by the retail pet dealer.  If the retail pet 
  5.2   dealer is not the breeder of the animal, each animal shall be 
  5.3   examined within two days after receipt of the animal by a retail 
  5.4   pet dealer and within four days ~~of~~ following delivery of the 
  5.5   animal to the purchaser by the retail pet dealer.  ~~The cost of~~ 
  5.6   ~~the examination shall be paid by the pet dealer.~~ 
  5.7      Subd. 5.  [RESPONSIBILITIES OF PURCHASER.] To obtain the 
  5.8   remedies provided in subdivision 6, the purchaser shall with 
  5.9   respect to an animal with a health problem: 
  5.10     (a) Notify the retail pet dealer, broker, or commercial 
  5.11  breeder, within ~~two business days~~ 48 hours, of the diagnosis by 
  5.12  a veterinarian of a health problem and provide the retail pet 
  5.13  dealer, broker, or commercial breeder with the name and 
  5.14  telephone number of the veterinarian and a copy of the 
  5.15  veterinarian's ~~report on the animal~~ written statement describing 
  5.16  the condition of the animal. 
  5.17     (b) If the purchaser wishes to receive a full refund for 
  5.18  the animal, the purchaser must return the animal to the seller 
  5.19  no later than ~~two business days~~ 48 hours after receipt of ~~a~~ the 
  5.20  written statement from ~~a~~ the veterinarian ~~indicating the animal~~ 
  5.21  ~~is unfit due to a health problem~~ describing the condition of the 
  5.22  animal. 
  5.23     With respect to a dead animal, the purchaser must provide 
  5.24  the retail pet dealer, broker, or commercial breeder with a 
  5.25  written statement from a veterinarian, ~~indicating~~ stating that 
  5.26  the animal died from a health problem which existed ~~on or before~~ 
  5.27  prior to the receipt of the animal by the purchaser. 
  5.28     Subd. 6.  [RIGHTS OF THE PURCHASER.] If, within ten days 
  5.29  after receipt of the animal by the purchaser, a veterinarian 
  5.30  states, in writing, that the animal has a health problem which 
  5.31  existed in the animal at the time of delivery, or if within one 
  5.32  year after receipt of the animal by the purchaser, a 
  5.33  veterinarian states, in writing, that the animal has died or is 
  5.34  ill due to a hereditary or congenital defect, ~~or is not of the~~ 
  5.35  ~~breed type represented,~~ the animal shall be considered to have 
  5.36  been unfit for sale at the time of sale. 
  6.1      In the event an animal dies due to ~~a~~ an undisclosed health 
  6.2   problem which existed in the animal at the time of delivery to 
  6.3   the purchaser, the retail pet dealer, broker, or commercial 
  6.4   breeder shall provide the purchaser with one of the following 
  6.5   remedies to be selected by the purchaser:  (1) receive an 
  6.6   animal, of equal value, if available within 30 days, and 
  6.7   reimbursement for reasonable veterinary fees, such 
  6.8   reimbursements not to exceed one-half of the original purchase 
  6.9   price of the animal; or (2) receive a refund of the full 
  6.10  purchase price, plus reimbursement for reasonable veterinary 
  6.11  fees, such reimbursement not to exceed one-half the original 
  6.12  purchase price of the animal. 
  6.13     In the event of a health problem, which existed at the time 
  6.14  of delivery to the purchaser, the retail pet dealer, broker, or 
  6.15  commercial breeder shall provide the purchaser with one of the 
  6.16  following remedies selected by the purchaser:  (1) return the 
  6.17  animal to the retail pet dealer, broker, or commercial breeder 
  6.18  for a refund of the full purchase price; (2) exchange the animal 
  6.19  for an animal of the purchaser's choice of equivalent value, 
  6.20  providing a replacement is available within 30 days; or (3) 
  6.21  retain the animal, and receive reimbursement for reasonable 
  6.22  veterinary fees, such reimbursements not to exceed the original 
  6.23  purchase price of the animal. 
  6.24     The price of veterinary service shall be deemed reasonable 
  6.25  if the service is appropriate for the diagnosis and treatment of 
  6.26  the health problem and the price of the service is comparable to 
  6.27  that of similar service rendered by other veterinarians in 
  6.28  proximity to the treating veterinarian. 
  6.29     Subd. 7.  [RIGHTS OF RETAIL PET DEALER, BROKER, OR 
  6.30  COMMERCIAL BREEDER.] No refund, replacement, or reimbursement of 
  6.31  veterinary fees shall be required if any one or more of the 
  6.32  following conditions exist: 
  6.33     (a) The health problem or death resulted from maltreatment, 
  6.34  neglect, or a disease contracted while in the possession of the 
  6.35  purchaser, or from an injury sustained subsequent to receipt of 
  6.36  the animal by the purchaser. 
  7.1      (b) A veterinarian's statement was provided to the 
  7.2   purchaser pursuant to subdivision 1, paragraph (b), which 
  7.3   disclosed the health problem for which the purchaser seeks to 
  7.4   return the animal. 
  7.5      (c) The purchaser fails to carry out recommended treatment 
  7.6   prescribed by the examining veterinarian, pursuant to 
  7.7   subdivision 1, paragraph (b). 
  7.8      Subd. 8.  [CONTEST.] (a) In the event that a retail pet 
  7.9   dealer, broker, or commercial breeder wishes to contest a demand 
  7.10  for the relief specified in subdivision 3 or 6, the retail pet 
  7.11  dealer, broker, or commercial breeder may require the purchaser 
  7.12  to produce the animal for examination or autopsy by a 
  7.13  veterinarian designated by the retail pet dealer.  The retail 
  7.14  pet dealer, broker, or commercial breeder shall pay the cost of 
  7.15  this examination or autopsy.  ~~The pet dealer shall have a right~~ 
  7.16  ~~of recovery against the purchaser if the pet dealer is not~~ 
  7.17  ~~obligated to provide a remedy under subdivision 6.~~ 
  7.18     (b) If the retail pet dealer does not provide the relief 
  7.19  selected by the purchaser set forth in subdivision 3 or 6, the 
  7.20  purchaser may initiate a court action. 
  7.21     (c) The prevailing party in the court action shall have the 
  7.22  right to recover costs and reasonable attorney fees not to 
  7.23  exceed $500. 
  7.24     Subd. 9.  [POSTED NOTICE.] Every retail pet dealer, broker, 
  7.25  and commercial breeder shall post in a prominent location of the 
  7.26  facility, a notice, in 48-point bold face type, containing the 
  7.27  following language: 
  7.28     "Information on all dogs and cats is available.  You are 
  7.29     entitled to a statement of consumer rights.  Make sure you 
  7.30     receive this statement at the time of purchase." 
  7.31     Subd. 10.  [STATEMENT OF CONSUMER RIGHTS.] Every retail pet 
  7.32  dealer, broker, and commercial breeder shall provide the ~~retail~~ 
  7.33  purchaser a written notice of rights, which shall be signed by 
  7.34  the purchaser, acknowledging that the purchaser has reviewed the 
  7.35  notice, and signed by the retail pet dealer, broker, or 
  7.36  commercial breeder, certifying the accuracy of the information 
  8.1   contained in it.  A signed copy shall be retained by the retail 
  8.2   pet dealer and one given to the purchaser.  The notice shall be 
  8.3   in 16-point bold face type and shall state as follows: 
  8.4               "A STATEMENT OF MINNESOTA LAW GOVERNING
  8.5                      THE SALE OF DOGS AND CATS 
  8.6      The sale of dogs and cats is subject to consumer protection 
  8.7      regulations.  Minnesota law also provides safeguards to 
  8.8      protect retail pet dealers, brokers, commercial breeders, 
  8.9      and animal purchasers.  Attached is a copy of Minnesota 
  8.10     Statutes, ~~section 325F.79~~ sections 35.87 to 35.873.  
  8.11     Contained within this law is a statement of your consumer 
  8.12     rights." 
  8.13     The statement of consumer rights shall also contain or have 
  8.14  attached the disclosures required under subdivision 1. 
  8.15     Subd. 11.  [LIMITATION.] Nothing in this subdivision ~~shall~~ 
  8.16  ~~limit the~~ limits legal rights or remedies ~~which are~~ otherwise 
  8.17  available to a purchaser ~~under any other law~~.  ~~Any~~ An agreement 
  8.18  or contract by a purchaser to waive any rights under this 
  8.19  chapter ~~shall be null and void and shall be~~ is unenforceable. 
  8.20     Sec. 6.  Minnesota Statutes 1994, section 325F.792, 
  8.21  subdivision 2, is amended to read: 
  8.22     Subd. 2.  [CIVIL PENALTY.] (a) A pet dealer who: 
  8.23     (1) sells an animal without delivery of the disclosure 
  8.24  required in section 325F.791, subdivision 1; 
  8.25     (2) fails to maintain the records required by section 
  8.26  325F.791, subdivision 2; 
  8.27     (3) fails to provide registration papers as provided in 
  8.28  section 325F.791, subdivision 3; 
  8.29     (4) ~~fails to make or provide payment for the examinations~~ 
  8.30  ~~required by section 325F.791, subdivision 4;~~ 
  8.31     ~~(5)~~ fails to post the notice required by section 325F.791, 
  8.32  subdivision 9; or 
  8.33     ~~(6)~~ (5) fails to provide the statement of consumer rights 
  8.34  required by section 325F.791, subdivision 10, 
  8.35  is subject to a civil fine of up to ~~$1,000~~ $500 per violation. 
  8.36     (b) Civil fines collected under this subdivision shall be 
  9.1   collected by the court and ~~turned over to the prosecuting~~ 
  9.2   ~~attorney~~ deposited in the general fund. 
  9.3      Sec. 7.  Minnesota Statutes 1994, section 346.36, 
  9.4   subdivision 4, is amended to read: 
  9.5      Subd. 4.  [EXPERT OPINION.] "Expert opinion" means the 
  9.6   opinion of at least one licensed Minnesota veterinarian ~~selected~~ 
  9.7   ~~by an investigating officer~~.  
  9.8      Sec. 8.  Minnesota Statutes 1994, section 346.37, 
  9.9   subdivision 6, is amended to read: 
  9.10     Subd. 6.  [REPORTS OF ABUSE, CRUELTY, OR NEGLECT.] A 
  9.11  veterinarian must report known or suspected cases of abuse, 
  9.12  cruelty, or neglect to ~~peace officers and humane agents as~~ 
  9.13  ~~provided in 343.12 and 343.29~~ the board. 
  9.14     Sec. 9.  Minnesota Statutes 1994, section 346.39, is 
  9.15  amended by adding a subdivision to read: 
  9.16     Subd. 13.  [SHELTER.] (a) A dog or cat kept outdoors or in 
  9.17  an unheated enclosure must be provided with at least the shelter 
  9.18  and bedding prescribed in this section. 
  9.19     (b) The shelter must include a moistureproof and windproof 
  9.20  structure of suitable size to accommodate the dog or cat and 
  9.21  allow retention of body heat.  It must be made of durable 
  9.22  material with a solid floor with two inches of dead air space or 
  9.23  the equivalent in insulation value.  The structure must be 
  9.24  provided with a sufficient quantity of suitable bedding material 
  9.25  to provide insulation and protection against cold and dampness 
  9.26  and promote retention of body heat. 
  9.27     (c) Shade from the direct rays of the sun must be provided 
  9.28  during the months of May to October. 
  9.29     (d) In lieu of the requirements in paragraphs (b) and (c), 
  9.30  a dog or cat kept on a farm may be provided with access to a 
  9.31  barn with a sufficient quantity of loose hay or bedding to 
  9.32  protect against cold and dampness. 
  9.33     (e) Shelters required by this section are subject to all 
  9.34  applicable city, township, county, or state building or zoning 
  9.35  laws or rules. 
  9.36     Sec. 10.  Minnesota Statutes 1994, section 346.51, is 
 10.1   amended to read: 
 10.2      346.51 [BITES.] 
 10.3      An owner or custodian of a dog which does not have an 
 10.4   appropriate antirabies vaccination and which bites or otherwise 
 10.5   exposes a person to rabies virus ~~may be penalized under section~~ 
 10.6   ~~346.53~~ is guilty of a petty misdemeanor. 
 10.7      Sec. 11.  Minnesota Statutes 1994, section 347.01, is 
 10.8   amended to read: 
 10.9      347.01 [OWNER'S LIABILITY; PENALTY.] 
 10.10     (a) Owners or keepers of any dog or dogs, that kill, wound, 
 10.11  or ~~worry~~ harass any domestic animal or animals, shall be jointly 
 10.12  and severally liable to the owner of such animal or animals for 
 10.13  all damages done by such dog or dogs, without proving notice to 
 10.14  or knowledge by any such owner or keeper of such dog or dogs, 
 10.15  that any or either of them was ~~mischievous~~ destructive or 
 10.16  disposed to kill or ~~worry~~ harass any domestic animal.  
 10.17     (b) The owner of any dog that kills or pursues domestic 
 10.18  livestock is guilty of a petty misdemeanor. 
 10.19     Sec. 12.  Minnesota Statutes 1994, section 347.04, is 
 10.20  amended to read: 
 10.21     347.04 [PUBLIC NUISANCE.] 
 10.22     Any dog that habitually ~~worries~~ harasses, chases, or 
 10.23  molests ~~teams or~~ persons traveling peaceably on the public road 
 10.24  is a public nuisance.  Upon complaint in writing to a county or 
 10.25  municipal judge containing a description of the dog, including 
 10.26  the name of the dog and its owner, or stating that the name or 
 10.27  names are not known, and alleging that the dog is a public 
 10.28  nuisance, the judge shall issue a summons, if the owner is 
 10.29  known, commanding the owner to appear before the judge at a 
 10.30  specified time, not less than six nor more than ten days from 
 10.31  the date of the summons, to answer the complaint.  The summons 
 10.32  shall be served not less than six days before the day of the 
 10.33  hearing in the same manner as other county or municipal court 
 10.34  summonses. 
 10.35     Sec. 13.  [347.051] [ANIMALS AT LARGE.] 
 10.36     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 11.1   section, "stray" means a dog, cat, or livestock running at large 
 11.2   off the property of its owner or caretaker. 
 11.3      Subd. 2.  [RUNNING AT LARGE; HERDING.] A person who owns or 
 11.4   controls a species of cattle, horse, ass, mule, sheep, swine, or 
 11.5   goat may not allow it to run at large in Minnesota.  "Running at 
 11.6   large" includes herding an animal on land over the protest or 
 11.7   against the will of the owner of the land. 
 11.8      Subd. 3.  [TAKING UP STRAYS.] No person may take up a stray 
 11.9   unless it is on the person's property. 
 11.10     Subd. 4.  [NOTICE TO OWNER.] The finder of a stray must 
 11.11  notify the animal's owner as soon as possible.  If the owner is 
 11.12  not known, the finder shall notify the county sheriff within 24 
 11.13  hours of finding the stray with a brief description of the 
 11.14  animal, the time when the animal was found, and the address of 
 11.15  the finder. 
 11.16     Subd. 5.  [RECOVERY BY OWNER.] The owner of a stray may 
 11.17  claim the animal or the proceeds of sale of the animal within a 
 11.18  year by proving ownership of the animal and paying all damages 
 11.19  and lawful charges incurred by the finder.  
 11.20     Sec. 14.  Minnesota Statutes 1994, section 347.17, is 
 11.21  amended to read: 
 11.22     347.17 [ANY PERSON MAY KILL DOGS IN CERTAIN CASES.] 
 11.23     Any person may kill any dog that the person knows is 
 11.24  affected with the disease known as ~~hydrophobia~~ rabies, or that 
 11.25  may suddenly attack while the person is peacefully walking or 
 11.26  riding and while being out of the enclosure of its owner or 
 11.27  keeper, and may kill any dog found killing, wounding, or 
 11.28  worrying any horses, cattle, sheep, lambs, or other domestic 
 11.29  animals.  
 11.30     Sec. 15.  Minnesota Statutes 1994, section 347.22, is 
 11.31  amended to read: 
 11.32     347.22 [DAMAGES, OWNER LIABLE.] 
 11.33     If a dog, without provocation, attacks or injures any 
 11.34  person who is acting peaceably in any place where the person may 
 11.35  lawfully be, the owner of the dog is liable in damages to the 
 11.36  person so attacked or injured to the full amount of the injury 
 12.1   sustained.  The term "owner" includes any person ~~harboring or~~ 
 12.2   ~~keeping~~ in possession of a dog but the owner shall be primarily 
 12.3   liable.  The term "dog" includes both male and female of the 
 12.4   canine species. 
 12.5      Sec. 16.  Minnesota Statutes 1994, section 347.54, 
 12.6   subdivision 1, is amended to read: 
 12.7      Subdivision 1.  [SEIZURE.] (a) The animal control authority 
 12.8   having jurisdiction shall immediately seize any dangerous dog if:
 12.9      (1) after 14 days after the owner has notice that the dog 
 12.10  is dangerous, the dog is not validly registered under section 
 12.11  347.51; 
 12.12     (2) after 14 days after the owner has notice that the dog 
 12.13  is dangerous, the owner does not secure the proper liability 
 12.14  insurance or surety coverage as required under section 347.51, 
 12.15  subdivision 2; 
 12.16     (3) the dog is not maintained in the proper enclosure; or 
 12.17     (4) the dog is outside the proper enclosure and not under 
 12.18  physical restraint of a responsible person as required under 
 12.19  section 347.52. 
 12.20     (b) ~~If an owner of a dog is convicted of a crime for which~~ 
 12.21  ~~the dog was originally seized, the court may order that the dog~~ 
 12.22  ~~be confiscated and destroyed in a proper and humane manner, and~~ 
 12.23  ~~that the owner pay the costs incurred in confiscating,~~ 
 12.24  ~~confining, and destroying the dog.~~ Upon finding that a dog is a 
 12.25  public nuisance, the judge may order necessary remedial action 
 12.26  up to and including the confiscation and destruction of the dog. 
 12.27     Sec. 17.  [RENUMBERING INSTRUCTION.] 
 12.28     The revisor of statutes shall renumber the sections listed 
 12.29  in column A to the numbers in column B and correct references to 
 12.30  those sections in Minnesota Statutes and Minnesota Rules. 
 12.31              Column A               Column B
 12.32              325F.79                35.87
 12.33              325F.791               35.872
 12.34              325F.792               35.873
 12.35              343.28                 35.702
 12.36              346.35                 35.86
 13.1               346.36                 35.861
 13.2               346.37                 35.862
 13.3               346.38                 35.863
 13.4               346.39                 35.864
 13.5               346.40                 35.865
 13.6               346.41                 35.866
 13.7               346.42                 35.867
 13.8               346.43                 35.868
 13.9               346.50                 347.075
 13.10              346.51                 35.691
 13.11              346.52                 347.077
 13.12              346.53                 347.078
 13.13              346.54                 35.71, subd. 3a
 13.14              346.55                 35.711
 13.15              346.56                 35.712
 13.16              346.57                 343.39
 13.17              347.01                 347.531
 13.18              347.04                 347.535
 13.19              347.17                 347.533
 13.20              347.22                 347.532
 13.21              347.31                 35.85
 13.22              347.32                 35.851
 13.23              347.33                 35.852
 13.24              347.34                 35.853
 13.25              347.35                 35.854
 13.26              347.36                 35.855
 13.27              347.37                 35.856
 13.28              347.38                 35.857
 13.29              347.40                 35.858
 13.30     Sec. 18.  [REPEALER.] 
 13.31     Minnesota Statutes 1994, sections 325F.792, subdivision 1; 
 13.32  346.01; 346.02; 346.03; 346.04; 346.05; 346.06; 346.07; 346.08; 
 13.33  346.09; 346.10; 346.11; 346.12; 346.13; 346.14; 346.15; 346.16; 
 13.34  346.17; 346.18; 346.19; 346.37, subdivision 5; 346.44; 346.58; 
 13.35  347.02; 347.03; 347.05; 347.06; 347.07; 347.15; 347.16; and 
 13.36  347.39, are repealed.