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Subdivision 1. Definitions. As used in this section,
"establishment" means
any
public or private agency, person,
society, or corporation having custody
of animals which are seized under the authority of the state or any
political subdivision of the state
"institution" means a school or college of agriculture,
veterinary medicine, medicine, pharmacy, or dentistry, or an educational
or scientific establishment properly concerned with investigation or
instruction concerning the structure or functions of living organisms or
the cause, prevention,
control, or cure of diseases or abnormal conditions of human beings or
animals. Subd. 2.
Application
for license. An institution
may apply to the
board for a license to obtain animals from
establishments. If,
after investigation, the board finds that
the institution requesting a license is a fit and proper agency
to receive a license, and that the public interest will be
served by granting it a license, the board may issue a license to
the institution authorizing it to obtain animals under this section.
Subd. 3.
Stray animals;
seizure, disposition. All
animals seized by public authority must be held for redemption by the
owner for at least five regular business days of the impounding agency
or for a longer time specified by municipal ordinance.
For the purpose of this subdivision, "regular business day"
means a day during which the establishment having custody of an animal
is open to the public not less than four consecutive hours between the
hours of 8:00 a.m. and 7:00 p.m. Establishments must maintain the
following records of the animals in custody, and preserve the records
for at least six months: (a) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (b) the location at which the animal was seized; (c) the date of seizure; (d) the name and address of the person from whom any animal three months of age or over was received; and (e) the name and address of the person to whom any animal three months of age or over was transferred.
The
records must be maintained in a form permitting easy perusal by the
public. A person may view
the records and animals in custody at any time during which the
establishment is open to the public.
At the end of the five-day period, all
animals which remain unredeemed must be made available to any licensed
institution which has requested that number of animals.
However,
if a tag affixed to the animal or a statement by the animal's owner
after the animal's seizure specifies that the animal may not be used for
research, the animal must not be made available to any institution and
may, in the discretion of the establishment, be destroyed after the
expiration of the five-day period.
If a request is made by a
licensed
institution to an
establishment for more animals than are available at
the time of the request, the establishment must withhold from
destruction all unclaimed and unredeemed animals until the request has
been filled. The actual expense of holding animals beyond the time of
notice to the institution of their availability must be borne by the
institution receiving them.
An establishment which fails or refuses to
comply with this section is ineligible for any further public funds from
any county or municipality. Upon
receipt of a sworn statement by an authorized officer or employee of a
licensed institution of noncompliance by any establishment with this
section, the treasurer of any municipality or other political
subdivision of the state may not pay any public funds to the
establishment until the complainant withdraws its statement of
noncompliance or until the board either determines that the complaint of
noncompliance was without foundation or that the establishment
has given adequate assurance of future compliance and the treasurer of
the municipality or other political subdivision has been notified of the
determination in writing. If it appears upon a person's complaint
that an officer, agent, or employee of an establishment is violating or
failing to carry out the provisions of this section, the attorney
general or county attorney of the county in which the establishment is
located, in addition to any
other remedies, may bring an action in the name of the state against the
establishment, officer, agent, or employee to enjoin compliance with
this section. Subd. 4. Transportation of animals. A licensed institution must provide, at its own expense, for the transportation of animals from the establishment to the institution and must use them only in the conduct of its scientific and educational activities. Subd. 5. Annual license fee. Each licensed institution must pay to the board a license fee of $50 for each calendar year or part of a calendar year. License fees must be deposited in the general fund of the state treasury. Subd. 6. Revocation of license. After 15 days' written notice and an opportunity to be heard, the board may revoke the license granted any institution if the institution has (1) violated this section, or (2) failed to comply with the conditions of the board in respect to the issuance of its license. Subd. 7. Rules. The board may adopt rules consistent with this section necessary to carry out the provisions of this section, and may, if the board considers it advisable or in the public interest, inspect or investigate any institution which has applied for a license or has been granted a license under this section. Subd. 8. Repealed, 1988 c 485 s 15 HIST: 1949 c 195 s 1-8; 1955 c 112 s 1,2; 1969 c 246 s 1; 1969 c 399 s 1; 1976 c 1 s 1; 1978 c 457 s 1; 1980 c 467 s 24,25; 1985 c 265 art 1 s 1 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. |
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