HF 4075

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to agriculture; providing for control of bovine tuberculosis in certain 1.3areas; appropriating money;amending Minnesota Statutes 2006, section 1.497A.045, subdivision 11, by adding a subdivision; Minnesota Statutes 2007 1.5Supplement, section 35.244; proposing coding for new law in Minnesota 1.6Statutes, chapter 35. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. new text begin [35.086] BOVINE TUBERCULOSIS MANAGEMENT ZONE; new text end 1.9 new text begin RESTRICTIONS. new text end 1.10     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this new text end 1.11 new text begin section. new text end 1.12     new text begin (b) "Bovine tuberculosis management zone" means the area within the ten-mile new text end 1.13 new text begin radius around the five presumptive tuberculosis-positive deer sampled during the fall new text end 1.14 new text begin 2006 hunter-harvested surveillance effort. new text end 1.15     new text begin (c) "Located within" means that the herd was kept in the area for at least a part of new text end 1.16 new text begin calendar year 2007. new text end 1.17     new text begin Subd. 2. new text end new text begin Cattle herd buyout. new text end new text begin (a) The board shall offer a herd buyout payment new text end 1.18 new text begin to cattle owners with existing cattle that are located within the bovine tuberculosis new text end 1.19 new text begin management zone. The payment shall be $500 per bovine animal. By July 15, 2008, new text end 1.20 new text begin the cattle owner must accept or decline the offer for herd buyout payments under this new text end 1.21 new text begin subdivision. A cattle owner receiving payment under this subdivision must sign a contract new text end 1.22 new text begin with the board that provides: new text end 1.23     new text begin (1) all cattle that are at least one year old and located within the bovine tuberculosis new text end 1.24 new text begin management zone will be slaughtered by January 31, 2009; new text end 2.1     new text begin (2) all cattle that are less than one year old, are either slaughtered or moved out of the new text end 2.2 new text begin bovine tuberculosis management zone, as provided in paragraph (b), by January 31, 2009; new text end 2.3     new text begin (3) the landowner and cattle owner will not have or allow any livestock to be new text end 2.4 new text begin located on land in the board's proposed modified accredited zone, unless authorized by new text end 2.5 new text begin the board; and new text end 2.6     new text begin (4) a landowner or cattle owner who violates a condition under this subdivision must new text end 2.7 new text begin repay all payments received under this section and is subject to penalties for violations new text end 2.8 new text begin under this chapter. new text end 2.9     new text begin (b) Cattle that are less than one year old, may be moved out of the bovine new text end 2.10 new text begin tuberculosis management zone to comply with paragraph (a), clause (2), only when: new text end 2.11     new text begin (1) they are from a herd that received a whole herd tuberculosis test within the new text end 2.12 new text begin previous 12 months; new text end 2.13     new text begin (2) they are not sexually intact; and new text end 2.14     new text begin (3) they have had a tuberculosis test within 60 days of being moved out of the zone. new text end 2.15     new text begin (c) After the effective date of this section, livestock shall not be moved into the new text end 2.16 new text begin bovine tuberculosis management zone unless authorized by the board. new text end 2.17     new text begin (d) Before the board issues payment to a cattle owner under this subdivision, the new text end 2.18 new text begin board shall verify all cattle owned by that cattle owner and located within the bovine new text end 2.19 new text begin tuberculosis management zone have been slaughtered. new text end 2.20     new text begin (e) A cattle owner who signs a contract under paragraph (a) or who depopulated an new text end 2.21 new text begin infected herd and signs a contract containing the provisions of paragraph (a), clauses (1) new text end 2.22 new text begin to (3), shall receive an annual payment of $75 for each bovine animal slaughtered. The new text end 2.23 new text begin board shall make the first annual payment by June 30, 2009, and make annual payments new text end 2.24 new text begin by June 30 each year thereafter until the area receives a bovine tuberculosis-free status and new text end 2.25 new text begin the owner is authorized by the board to have cattle located within the bovine tuberculosis new text end 2.26 new text begin management zone. new text end 2.27     new text begin Subd. 3. new text end new text begin Cattle herds remaining in the zone. new text end new text begin The board shall conduct a risk new text end 2.28 new text begin assessment for cattle that remain located within the bovine tuberculosis management zone. new text end 2.29 new text begin If the board determines that cattle herds within the bovine tuberculosis management new text end 2.30 new text begin zone present a risk of interaction between cattle and deer or elk, the board shall require new text end 2.31 new text begin the owner of the cattle to keep all cattle in a manner that does not allow cattle and deer new text end 2.32 new text begin or elk interface. The board may also require that any person who stores forage crops new text end 2.33 new text begin within the bovine tuberculosis management zone, including but not limited to a person new text end 2.34 new text begin who participates in the herd buyout in subdivision 2, must keep stored forage crops in a new text end 2.35 new text begin manner that does not allow deer or elk access. The board shall offer cost-share assistance new text end 2.36 new text begin for fencing under subdivision 4 to a person who is required to: new text end 3.1     new text begin (1) keep cattle in a manner that does not allow cattle and deer or elk interface; or new text end 3.2     new text begin (2) keep stored forage crops in a manner that does not allow deer or elk access. new text end 3.3     new text begin Subd. 4. new text end new text begin Cost-share assistance for fencing. new text end new text begin (a) The board shall provide cost-share new text end 3.4 new text begin assistance to persons required to fence stored forage crops or fence cattle in areas new text end 3.5 new text begin where the board determines that there is an unacceptable risk of transmitting bovine new text end 3.6 new text begin tuberculosis to deer or elk. The cost-share payments shall be 90 percent of the cost of an new text end 3.7 new text begin approved fence up to a maximum cost-share payment of $75,000. The payments under new text end 3.8 new text begin this subdivision shall be on a reimbursement basis and paid by the board after the board new text end 3.9 new text begin determines that the fence is built to the specifications required by the board. new text end 3.10     new text begin (b) The board shall establish specifications for fences that qualify for cost-share new text end 3.11 new text begin assistance under this subdivision and provide cattle owners or those who store forage new text end 3.12 new text begin crops with a list of approved fencing contractors. The fencing must be constructed and new text end 3.13 new text begin maintained by an approved fencing contractor, the landowner, or the tenant. new text end 3.14     new text begin (c) The board shall periodically inspect fences for which cost-share assistance has new text end 3.15 new text begin been received under this subdivision. If the board determines that a fence for which new text end 3.16 new text begin cost-share assistance has been received is not being maintained or used properly, the new text end 3.17 new text begin board may: new text end 3.18     new text begin (1) order that the fence be repaired or used properly; or new text end 3.19     new text begin (2) require repayment of any cost-share assistance received by the person and, if the new text end 3.20 new text begin fence was intended to keep cattle in a manner that does not allow cattle and deer or elk new text end 3.21 new text begin interface, the board may place the herd under quarantine. new text end 3.22    Sec. 2. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read: 3.2335.244 RULES FOR CONTROL OF BOVINE TUBERCULOSIS. 3.24     new text begin Subdivision 1. new text end new text begin Designation of zones. new text end new text begin The board has the authority to control new text end 3.25 new text begin tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and new text end 3.26 new text begin between tuberculosis zones in the state. Zones within the state may be designated new text end 3.27 new text begin as accreditation preparatory, modified accredited, modified accredited advanced, or new text end 3.28 new text begin accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77. new text end 3.29 new text begin The board may designate bovine tuberculosis control zones that contain not more than new text end 3.30 new text begin 325 herds. new text end 3.31     new text begin Subd. 2. new text end new text begin Control within modified accredited zone. new text end new text begin In a modified accredited new text end 3.32 new text begin zone, the board has the authority to: new text end 3.33     new text begin (1) require owners of cattle, bison, goats, or farmed cervidae to report personal new text end 3.34 new text begin contact information and location of livestock to the board; new text end 4.1     new text begin (2) require a permit or movement certificates for all cattle, bison, goats, and farmed new text end 4.2 new text begin cervidae moving between premises within the zone or leaving or entering the zone; new text end 4.3     new text begin (3) require official identification of all cattle, bison, goats, and farmed cervidae new text end 4.4 new text begin within the zone or leaving or entering the zone; new text end 4.5     new text begin (4) require a whole-herd tuberculosis test on each herd of cattle, bison, goats, or new text end 4.6 new text begin farmed cervidae when any of the animals in the herd is kept on a premises within the zone; new text end 4.7     new text begin (5) require a negative tuberculosis test within 60 days prior to movement for any new text end 4.8 new text begin individual cattle, bison, goat, or farmed cervidae moved from a premises in the zone to new text end 4.9 new text begin another location in Minnesota, with the exception of cattle moving under permit directly new text end 4.10 new text begin to a slaughter facility under state or federal inspection; new text end 4.11     new text begin (6) require a whole-herd tuberculosis test within 12 months prior to moving new text end 4.12 new text begin cattle, bison, goats, or farmed cervidae from premises in the zone to another location new text end 4.13 new text begin in Minnesota; new text end 4.14     new text begin (7) require annual herd inventories on all cattle, bison, goat, or farmed cervidae new text end 4.15 new text begin herds; and new text end 4.16     new text begin (8) require that a risk assessment be performed to evaluate the interaction of new text end 4.17 new text begin free-ranging deer and elk with cattle, bison, goat, and farmed cervidae herds and require new text end 4.18 new text begin the owner to implement the recommendations of the risk assessment. new text end 4.19     new text begin Subd. 3. new text end new text begin Authority to adopt rules. new text end The board may adopt rules to provide for the 4.20control of tuberculosis in cattle. The rules may include provisions for quarantine, tests, 4.21and such other measures as the board deems appropriate. Federal regulations, as provided 4.22by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication 4.23Uniform Methods and Rules, are incorporated as part of the rules in this state. 4.24    Sec. 3. Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to read: 4.25    Subd. 11. Power to prevent or control wildlife disease. (a) If the commissioner 4.26determines that action is necessary to prevent or control a wildlife disease, the 4.27commissioner may prevent or control wildlife disease in a species of wild animal in 4.28addition to the protection provided by the game and fish laws by further limiting, closing, 4.29expanding, or opening seasons or areas of the state; by reducing or increasing limits in 4.30areas of the state; by establishing disease management zones; by authorizing free licenses; 4.31by allowing shooting from motor vehicles by persons designated by the commissioner; 4.32by issuing replacement licenses for sick animals; by requiring sample collection from 4.33hunter-harvested animals; by limiting wild animal possession, transportation, and 4.34disposition; and by restricting wildlife feeding. 5.1    (b) The commissioner shall restrict wildlife feeding within a 15-mile radius of 5.2a cattle herd that is infected with bovine tuberculosis new text begin the modified accredited bovine new text end 5.3 new text begin tuberculosis zone proposed by the Board of Animal Health new text end . new text begin In addition to any other new text end 5.4 new text begin penalties provided by law, a person who violates wildlife feeding restrictions required new text end 5.5 new text begin under this paragraph may not obtain a hunting license to take a wild animal for two years new text end 5.6 new text begin after the date of conviction. new text end 5.7    (c) The commissioner may prevent or control wildlife disease in a species of wild 5.8animal in the state by emergency rule adopted under section 84.027, subdivision 13. 5.9    Sec. 4. Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision 5.10to read: 5.11     new text begin Subd. 13. new text end new text begin Collection of deer and elk in a bovine tuberculosis zone. new text end new text begin The new text end 5.12 new text begin commissioner of natural resources, in consultation with the Board of Animal Health, new text end 5.13 new text begin shall remove, upon request, deceased deer and elk within the modified accredited bovine new text end 5.14 new text begin tuberculosis zone proposed by the Board of Animal Health. The commissioner shall make new text end 5.15 new text begin a good faith effort to inform the state's residents of this requirement and how a person new text end 5.16 new text begin may make a deer or elk removal request. The commissioner is not required to continue new text end 5.17 new text begin these collections once the split state zone is upgraded by the United States Department of new text end 5.18 new text begin Agriculture to a bovine tuberculosis status of modified accredited advanced or better. new text end 5.19    Sec. 5. new text begin BOVINE TUBERCULOSIS CONTROL ASSESSMENT; TEMPORARY new text end 5.20 new text begin ASSESSMENT; APPROPRIATION. new text end 5.21     new text begin (a) From January 1, 2009, to December 31, 2009, a person who purchases a beef new text end 5.22 new text begin cow, heifer, or steer in this state shall collect a bovine tuberculosis control assessment of new text end 5.23 new text begin $1 per head from the seller and shall submit all assessments collected to the commissioner new text end 5.24 new text begin of agriculture at least once every 30 days. For the purposes of this section, "a person who new text end 5.25 new text begin purchases a beef cow, heifer, or steer in this state" includes the first purchaser, as defined new text end 5.26 new text begin in Minnesota Statutes, section 17.53, subdivision 8, paragraph (a), and any subsequent new text end 5.27 new text begin purchaser of the living animal. new text end 5.28     new text begin (b) Money collected under this section shall be deposited in an account in the special new text end 5.29 new text begin revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis new text end 5.30 new text begin control activities. new text end 5.31     new text begin (c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis new text end 5.32 new text begin control assessment from a person whose cattle operation is located within a modified new text end 5.33 new text begin accredited zone established under Minnesota Statutes, section 35.244, unless the cattle new text end 6.1 new text begin owner voluntarily pays the assessment. The commissioner of agriculture shall publish and new text end 6.2 new text begin make available a list of cattle producers exempt under this paragraph. new text end 6.3    Sec. 6. new text begin APPROPRIATION. new text end 6.4     new text begin (a) $472,000 in fiscal year 2008 and $2,172,000 in fiscal year 2009 are appropriated new text end 6.5 new text begin from the general fund to the Board of Animal Health for monitoring, testing, eradication, new text end 6.6 new text begin education, outreach, and other activities the board is required to undertake to comply with new text end 6.7 new text begin federal regulations concerning cattle, bison, goats, and farmed cervidae under a United new text end 6.8 new text begin States Department of Agriculture modified accredited status. The appropriation for fiscal new text end 6.9 new text begin year 2009 is added to the base. new text end 6.10     new text begin (b) $80,000 is appropriated in fiscal year 2009 from the general fund to the Board of new text end 6.11 new text begin Regents of the University of Minnesota for a study at the North Central Research Center new text end 6.12 new text begin at Grand Rapids of the best management practices for control of bovine tuberculosis in new text end 6.13 new text begin pasture. This appropriation is added to the base. new text end 6.14     new text begin (c) $3,350,000 is appropriated in fiscal year 2008 from the general fund to the new text end 6.15 new text begin Board of Animal Health for cattle herd buyout payments, annual payments, and fencing new text end 6.16 new text begin cost-share assistance under Minnesota Statutes, section 35.086. This is a onetime new text end 6.17 new text begin appropriation and is available until spent. new text end 6.18     new text begin (d) $150,000 is appropriated in fiscal year 2008 from the general fund to the Board new text end 6.19 new text begin of Animal Health for a grant to the North Central Research Center at Grand Rapids for new text end 6.20 new text begin a study of the best management practices for control of bovine tuberculosis in pasture. new text end 6.21 new text begin This is a onetime appropriation and is available until spent. new text end 6.22     new text begin (e) If an appropriation for the same purpose is enacted in 2008 H.F. No. 1812, the new text end 6.23 new text begin comparable appropriation in that act is void. new text end 6.24    Sec. 7. new text begin EFFECTIVE DATE. new text end 6.25     new text begin Sections 1 to 6 are effective the day following final enactment. new text end