HF 208

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 03:42pm

A bill for an act
relating to state government; establishing the Minnesota Companion Animal Board;
providing duties and responsibilities; establishing a companion animal license
plate; transferring duties; requiring a report; authorizing rulemaking; appropriating
money; amending Minnesota Statutes 2020, section 347.58, subdivision 4;
Minnesota Statutes 2021 Supplement, section 35.02, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 168; 347.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

COMPANION ANIMAL BOARD

Section 1.

new text begin [347.66] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 347.66 to 347.72, the terms defined
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Animal shelter. new text end

new text begin "Animal shelter" means any not-for-profit organization with
tax-exempt status under section 501(c)(3) of the Internal Revenue Code that: (i) accepts
animals into an animal-designated physical facility; (ii) is devoted to the rescue, care, and
adoption of stray, abandoned, unwanted, or surrendered animals; (iii) places animals in
permanent homes or with animal rescue organizations; and (iv) does not breed animals.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Companion Animal Board.
new text end

new text begin Subd. 4. new text end

new text begin Companion animal. new text end

new text begin "Companion animal" means a pet or companion animal
as defined in sections 343.20, subdivision 6; and 346.36, subdivision 6.
new text end

Sec. 2.

new text begin [347.67] COMPANION ANIMAL BOARD; PURPOSE.
new text end

new text begin (a) The Companion Animal Board is created to protect and promote the welfare, social
well-being, and physical and mental health of companion animals. The board must serve
the broader community, including the public, state government, local governments, nonprofit
animal welfare organizations, and those dedicated to promoting and serving the health and
welfare of companion animals through the administration and enforcement of sections
347.68 to 347.72.
new text end

new text begin (b) Sections 347.67 to 347.72 do not apply to the care or treatment of an agricultural
animal or farm animal that is used for food, other farm or agricultural products, or other
agricultural uses.
new text end

new text begin (c) The Board of Animal Health has the authority to control and prevent dangerous and
reportable diseases for companion animals as governed by chapter 35.
new text end

Sec. 3.

new text begin [347.68] BOARD STRUCTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Members; officers. new text end

new text begin (a) The Companion Animal Board shall carry out
and enforce the purposes, powers, and duties of sections 347.67 to 347.72. The board has
13 members appointed by the governor represented by the following companion animal
interests and experience:
new text end

new text begin (1) two members must be accredited, licensed veterinarians who practice veterinary
medicine in this state;
new text end

new text begin (2) one member must be a Minnesota animal control officer, as defined in section 343.20,
subdivision 5;
new text end

new text begin (3) one member must be employed by a Minnesota licensed animal shelter located in
the seven-county metropolitan area;
new text end

new text begin (4) one member must be employed by a Minnesota licensed animal shelter located in
greater Minnesota;
new text end

new text begin (5) one member must be from the College of Veterinary Medicine at the University of
Minnesota;
new text end

new text begin (6) one member must be a current board member for the past two years of a Minnesota
nonprofit animal rescue and re-homing organization qualifying as a nonprofit under section
501(c)(3) of the Internal Revenue Code;
new text end

new text begin (7) one member must be employed by the board of animal health;
new text end

new text begin (8) one member must be employed by a county or municipality representing community
needs and local governance;
new text end

new text begin (9) one member must represent public human health and welfare issues and the
relationship between companion animal and human health and welfare;
new text end

new text begin (10) one member must be a companion animal breeder; and
new text end

new text begin (11) two members must be at-large public members.
new text end

new text begin (b) Appointments to fill unexpired terms must be made from the classes to which the
retiring members belong. The board must elect a president and a vice-president from among
its members and a nonmember to be the board's executive director for a term of one year
and until a successor qualifies. The board must set the duties of the executive director.
new text end

new text begin (c) The board must meet at least quarterly. Officers must be elected each April.
new text end

new text begin Subd. 2. new text end

new text begin Terms; compensation; removal; vacancies. new text end

new text begin The membership terms,
compensation, removal of members, and filling of vacancies on the board are governed by
section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Executive director. new text end

new text begin The board shall appoint and employ an executive director
who is not a member of the board.
new text end

Sec. 4.

new text begin [347.69] DUTIES OF BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement. new text end

new text begin The board shall enforce laws that regulate companion
animals, including but not limited to:
new text end

new text begin (1) the licensing, enforcement, and inspection of kennels and dealers under sections
347.31 to 347.40 and any rules adopted pursuant to the authority of those sections; and
new text end

new text begin (2) the licensing, enforcement, and inspection of commercial dog and cat breeders under
sections 347.57 to 347.65.
new text end

new text begin Subd. 2. new text end

new text begin Education and communication. new text end

new text begin The board's education and communication
duties include but are not limited to:
new text end

new text begin (1) establishing and maintaining an online website that provides information and
educational resources for the public on issues related to companion animal care and welfare;
new text end

new text begin (2) providing expertise to state government and local governments on issues related to
companion animals; and
new text end

new text begin (3) supporting and promoting humane education and outreach campaigns related to
companion animal care and welfare.
new text end

new text begin Subd. 3. new text end

new text begin Services and resources. new text end

new text begin The board must, at a minimum, provide the following
services and resources:
new text end

new text begin (1) assistance with companion animal emergency and disaster relief services;
new text end

new text begin (2) the collection, analysis, and dissemination of quantitative and qualitative data as it
relates to companion animals in Minnesota; and
new text end

new text begin (3) services and resources to Minnesota-based (i) nonprofits, (ii) local governments, (iii)
veterinary clinics or practices, and (iv) postsecondary institutions with missions or programs
targeting companion animal welfare or the human-animal bond.
new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin The board may make grants from money available in the companion
animal account to assist entities in subdivision 3, clause (3), to support activities and purposes
established under subdivision 2, clause (3), and subdivision 3. The board must report annually
by February 15 to the legislative committees with jurisdiction over companion animals on
grants made under this subdivision in the previous calendar year. The report must include
the amount of the grant money that the board issued, the geographic distribution of grants,
and measurable outcomes, including the number of education and outreach programs that
the board conducted and the number of companion animals that the board served.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 5.

new text begin [347.70] AUTHORITY OF BOARD; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking authority. new text end

new text begin The board may adopt rules necessary to carry
out the powers, duties, and responsibilities given to the board under section 347.69,
subdivision 1, clauses (1) and (2).
new text end

new text begin Subd. 2. new text end

new text begin Advisory task force. new text end

new text begin The board may create an advisory task force under section
15.014 with a majority of members who have a working knowledge of companion animal
health and welfare issues.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin On or before November 1 of each year, the board must publish and
make available an annual report.
new text end

new text begin Subd. 4. new text end

new text begin Certificates of veterinary inspection. new text end

new text begin The Board of Animal Health must
provide a copy of each new certificate of veterinary inspection for companion animals to
the Companion Animal Board within 30 days of the receipt of the certificate of veterinary
inspection.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 6.

new text begin [347.71] FUNDS RECEIVED FROM OTHER SOURCES; GIFTS.
new text end

new text begin The board may accept and use gifts, grants, or contributions from any source to support
the purposes of the board. The board may apply for and accept grants of money from the
United States, the state, a subdivision of the state, any foundation, or any person for any of
the board's purposes.
new text end

Sec. 7.

new text begin [347.72] COMPANION ANIMAL ACCOUNT; APPROPRIATION.
new text end

new text begin A companion animal account is created in the special revenue fund. All fees and penalties
collected by the board under this chapter or any money received by the board as gifts or
grants or other private or public funds obtained for the purposes of sections 347.68 to 347.71,
including contributions made under section 168.1283, subdivision 1, clause (4), must be
deposited in the state treasury and credited to the companion animal account in the special
revenue fund. Money in the account, including interest on the account, is annually
appropriated to the board to administer those sections.
new text end

Sec. 8. new text begin TRANSFER OF DUTIES.
new text end

new text begin (a) The responsibility to administer the duties listed in clauses (1) to (3) is transferred
pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the
Companion Animal Board on January 1, 2023:
new text end

new text begin (1) the licensing, enforcement, and inspection of kennels and dealers under Minnesota
Statutes, sections 347.31 to 347.40, and Minnesota Rules, part 1721.0520; and
new text end

new text begin (2) the licensing, enforcement, and inspection of commercial breeders under sections
347.57 to 347.65.
new text end

new text begin (b) The Board of Animal Health must provide the Companion Animal Board with access
to data, documentation, and record keeping, including data classified as nonpublic, if the
data, documentation, and record keeping is related to the duties being transferred from the
Board of Animal Health to the Companion Animal Board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 9. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Board of Animal Health" or "board" to
"Companion Animal Board" wherever it appears in Minnesota Statutes, sections 346.55,
346.58, 347.31 to 347.40, and 347.57 to 347.65.
new text end

Sec. 10. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The Companion Animal Board must amend Minnesota Rules, parts 1721.0490, subpart
3, and 1721.0520, to make conforming changes related to the transfer of duties under section
8. The Companion Animal Board may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 11. new text begin APPROPRIATION; COMPANION ANIMAL BOARD.
new text end

new text begin $1,604,000 in fiscal year 2023 is appropriated from the general fund to the Companion
Animal Board for the purposes of carrying out the board's duties under Minnesota Statutes,
chapter 347. The base for this appropriation is $1,807,000 in fiscal year 2024.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective July 1, 2022.
new text end

ARTICLE 2

COMPANION ANIMAL PLATES

Section 1.

new text begin [168.1283] COMPANION ANIMAL PLATES.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance. new text end

new text begin The commissioner must issue special Minnesota companion
animal plates or a single motorcycle plate to an applicant who:
new text end

new text begin (1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational vehicle;
new text end

new text begin (2) pays an additional fee of $10 for each set of plates and any other fees required by
this chapter;
new text end

new text begin (3) pays the registration tax as required under section 168.013;
new text end

new text begin (4) contributes at least $30 on the initial application and a minimum of $30 annually to
the Companion Animal Board; and
new text end

new text begin (5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
new text end

new text begin Subd. 2. new text end

new text begin Design. new text end

new text begin In consultation with the Companion Animal Board, the commissioner
must adopt a suitable plate design for the companion animal plate.
new text end

new text begin Subd. 3. new text end

new text begin Plates transfer. new text end

new text begin On application to the commissioner and payment of a transfer
fee of $5, special plates may be transferred to another qualified motor vehicle that is
registered to the same individual to whom the special plates were originally issued.
new text end

new text begin Subd. 4. new text end

new text begin Fees. new text end

new text begin Fees collected under subdivision 1, clause (2), and subdivision 3 must
be deposited in the vehicle services operating account in the special revenue fund under
section 299A.705.
new text end

new text begin Subd. 5. new text end

new text begin Contributions; companion animal account. new text end

new text begin Contributions collected under
subdivision 1, clause (4), must be deposited in the companion animal account established
under section 347.72.
new text end

new text begin Subd. 6. new text end

new text begin Record. new text end

new text begin The commissioner must maintain a record of the number of plates
issued under this section.
new text end

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin Special plates issued under this section are not subject to section
168.1293, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 3

BOARD OF ANIMAL HEALTH CHANGES

Section 1.

Minnesota Statutes 2021 Supplement, section 35.02, subdivision 1, is amended
to read:

Subdivision 1.

Members; officers.

The board has six members appointed by the governor
with the advice and consent of the senate, four of whom are producers of livestock in the
state and at least one of the four livestock producers is also a member of a federally
recognized Tribe located in Minnesota, and two of whom are practicing veterinarians licensed
in Minnesota. The commissioners of agriculture, natural resources, and health, the dean of
the College of Veterinary Medicine, new text begin the executive director of the Companion Animal Board,
new text end and the director of the Veterinary Diagnostic Laboratory of the University of Minnesota
may serve as consultants to the board without vote. Appointments to fill unexpired terms
must be made from the classes to which the retiring members belong. The board shall elect
a president and a vice-president from among its members and a veterinarian licensed in
Minnesota who is not a member to be its executive director for a term of one year and until
a successor qualifies. The board shall set the duties of the director.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 347.58, subdivision 4, is amended to read:

Subd. 4.

Veterinary protocol.

(a) A commercial breeder must establish and maintain
a written protocol for disease control and prevention, euthanasia, and veterinary care of
animals at each facility. The initial protocol must be developed under the direction and
supervision of the board. A commercial breeder must maintain a written protocol that is
updated at least every 12 months and that is signed and dated by the board or by a veterinarian
along with the commercial breeder. The written protocol must be available to the board
upon request or at the time of inspection. new text begin The Companion Animal Board must defer to and
cooperate with the Board of Animal Health on all matters related to the control and prevention
of reportable diseases.
new text end

(b) An animal sold or otherwise distributed by a commercial breeder must be accompanied
by a veterinary health certificate completed by a veterinarian. The certificate must be
completed within 30 days prior to the sale or distribution and must indicate that the animal
is current with vaccinations and has no signs of infectious or contagious diseases. The
certificate accompanying an adult dog that was not spayed or neutered must indicate that
the dog has no signs of infectious or contagious diseases and was tested for canine brucellosis
with a test approved by the board and found to be negative. new text begin The Companion Animal Board
must immediately report and provide copies of all disease-related testing, including canine
brucellosis and other reportable diseases, to the Board of Animal Health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end