1.1 	A bill for an act
1.2 	relating to control of bovine tuberculosis; providing for the buyout of certain 
1.3 	cattle; providing fencing cost-share assistance to certain cattle producers; 
1.4 	modifying restrictions and penalties for wildlife feeding in certain areas; 
1.5 	appropriating money;amending Minnesota Statutes 2006, section 97A.045, 
1.6 	subdivision 11; Minnesota Statutes 2007 Supplement, section 35.244; proposing 
1.7 	coding for new law in Minnesota Statutes, chapter 35.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [35.086] BOVINE TUBERCULOSIS MANAGEMENT ZONE; 
1.10 	RESTRICTIONS.
1.11 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
1.12 	section.
1.13 	(b) "Bovine tuberculosis management zone" means the area within the ten-mile 
1.14 	radius around the five presumptive tuberculosis-positive deer sampled during the fall 
1.15 	2006 hunter-harvested surveillance effort.
1.16 	(c) "Located within" means that the herd is kept in the area for at least a part of 
1.17 	the year.
1.18 		Subd. 2.Cattle herd buyout. (a) The board shall offer a herd buyout payment 
1.19 	to cattle owners with existing cattle that are located within the bovine tuberculosis 
1.20 	management zone. The payment shall be $500 per animal. By September 1, 2008, 
1.21 	the cattle owner must accept or decline the offer for herd buyout payments under this 
1.22 	subdivision. A cattle owner receiving payment under this section must sign a contract 
1.23 	with the board that provides:
1.24 	(1) all cattle located within the bovine tuberculosis management zone will be 
1.25 	slaughtered by December 31, 2008;
2.1 	(2) the cattle owner will not have or allow any cattle to be located within the bovine 
2.2 	tuberculosis management zone, unless authorized by the board; and 
2.3 	(3) the cattle owner who violates a condition under this subdivision must repay all 
2.4 	payments received under this section and be subject to penalties for violations under 
2.5 	this chapter.
2.6 	(b) After the effective date of this section, cattle shall not be moved into the bovine 
2.7 	tuberculosis management zone, unless authorized by the board.
2.8 	(c) Prior to making any payments under this subdivision, the board shall verify all 
2.9 	cattle for which a contract has been signed under this subdivision have been slaughtered.
2.10 	(d) In addition to the herd buyout payment under paragraph (a), a cattle owner who 
2.11 	signs a contract under paragraph (a) shall receive an annual payment of $75 for each 
2.12 	animal slaughtered. The board shall make the first annual payment by June 30, 2009, and 
2.13 	make annual payments by June 30 each year thereafter until the area receives a bovine 
2.14 	tuberculosis-free status and the owner is authorized by the board to have cattle located 
2.15 	within the bovine tuberculosis management zone.
2.16 		Subd. 3.Cattle herds remaining in the zone. The board shall conduct a 
2.17 	risk assessment for cattle that continue to be located within the bovine tuberculosis 
2.18 	management zone after December 31, 2008. If the board determines that cattle herds that 
2.19 	continue to be located within the bovine tuberculosis management zone present a risk of 
2.20 	cattle and deer interaction, the board shall require the owner of the cattle to keep all cattle 
2.21 	in a manner that does not allow cattle and deer interface. The board may also require that 
2.22 	any stored forage crops located within the bovine tuberculosis management zone are kept 
2.23 	in a manner that does not allow deer access. The board shall offer cost-share assistance for 
2.24 	fencing under subdivision 4 to a person who is required to:
2.25 	(1) keep cattle in a manner that does not allow cattle and deer interface; or
2.26 	(2) keep stored forage crops in a manner that does not allow deer access.
2.27 		Subd. 4.Cost-share assistance for fencing. (a) The board shall provide cost-share 
2.28 	assistance to persons for fencing cattle and stored forage crops in areas where the board 
2.29 	determines that there is an unacceptable risk of transmitting bovine tuberculosis to deer. 
2.30 	The cost-share payments shall be 90 percent of the cost of an approved fence up to 
2.31 	$75,000. The payments under this subdivision shall be on a reimbursement basis and 
2.32 	paid by the board after the board determines that the fence is built to the specifications 
2.33 	required by the board.
2.34 	(b) The board shall establish specifications for fences that qualify for cost-share 
2.35 	assistance under this subdivision and provide cattle owners with a list of approved fencing 
3.1 	contractors. The fencing must be constructed and maintained by an approved fencing 
3.2 	contractor, the landowner, or the tenant.
3.3 	(c) The board shall periodically inspect fences for which cost-share assistance has 
3.4 	been received under this subdivision. If the board determines that a fence for which 
3.5 	cost-share assistance has been received is not being maintained or used properly, the 
3.6 	board may:
3.7 	(1) order that the fence be repaired or used properly; or
3.8 	(2) place the herd under quarantine and require repayment to the board of any 
3.9 	cost-share assistance received by the person.

3.10 	Sec. 2. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
3.11 	35.244 RULES FOR CONTROL OF BOVINE TUBERCULOSIS.
3.12 		Subdivision 1.Designation of zones. The board has the authority to control 
3.13 	tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and 
3.14 	between tuberculosis zones in the state. Zones within the state may be designated 
3.15 	as accreditation preparatory, modified accredited, modified accredited advanced, or 
3.16 	accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77. 
3.17 	The board may designate tuberculosis zones that contain not more than 300 herds.
3.18 		Subd. 2.Control within modified accredited zone. In a modified accredited 
3.19 	zone, the board has the authority to:
3.20 	(1) require owners of cattle, bison, goats, or farmed cervidae to report personal 
3.21 	contact information and location of livestock to the board;
3.22 	(2) require a permit or movement certificates for all cattle, bison, goats, and farmed 
3.23 	cervidae moving between premises within the zone or leaving or entering the zone;
3.24 	(3) require official identification of all cattle, bison, goats, and farmed cervidae 
3.25 	within the zone or leaving or entering the zone;
3.26 	(4) require a negative tuberculosis test within 60 days prior to movement for any 
3.27 	individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of 
3.28 	cattle moving under permit directly to a slaughter facility under state or federal inspection;
3.29 	(5) require a whole-herd tuberculosis test within 12 months prior to moving breeding 
3.30 	cattle out of the zone;
3.31 	(6) require annual herd inventories on all cattle, bison, goats, or farmed cervidae 
3.32 	herds; and
3.33 	(7) require that a risk assessment be performed to evaluate the interaction of 
3.34 	free-ranging deer with cattle, bison, goats, and farmed cervidae herds and require the 
3.35 	owner to implement the recommendations of the risk assessment.
4.1 		Subd. 3.Authority to adopt rules. The board may adopt rules to provide for the 
4.2 	control of tuberculosis in cattle. The rules may include provisions for quarantine, tests, 
4.3 	and such other measures as the board deems appropriate. Federal regulations, as provided 
4.4 	by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication 
4.5 	Uniform Methods and Rules, are incorporated as part of the rules in this state.

4.6 	Sec. 3. Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to read:
4.7 		Subd. 11.Power to prevent or control wildlife disease. (a) If the commissioner 
4.8 	determines that action is necessary to prevent or control a wildlife disease, the 
4.9 	commissioner may prevent or control wildlife disease in a species of wild animal in 
4.10 	addition to the protection provided by the game and fish laws by further limiting, closing, 
4.11 	expanding, or opening seasons or areas of the state; by reducing or increasing limits in 
4.12 	areas of the state; by establishing disease management zones; by authorizing free licenses; 
4.13 	by allowing shooting from motor vehicles by persons designated by the commissioner; 
4.14 	by issuing replacement licenses for sick animals; by requiring sample collection from 
4.15 	hunter-harvested animals; by limiting wild animal possession, transportation, and 
4.16 	disposition; and by restricting wildlife feeding.
4.17 	(b) The commissioner shall restrict wildlife feeding within a 15-mile 30-mile radius 
4.18 	of a cattle herd that is infected with bovine tuberculosis. In addition to any other penalties 
4.19 	provided by law, a person who violates a law restricting wildlife feeding within a bovine 
4.20 	tuberculosis management zone may not obtain a hunting license to take a wild animal 
4.21 	for two years after the date of conviction.
4.22 	(c) The commissioner may prevent or control wildlife disease in a species of wild 
4.23 	animal in the state by emergency rule adopted under section 84.027, subdivision 13. 

4.24 	Sec. 4. BOVINE TUBERCULOSIS CONTROL; TEMPORARY ASSESSMENT; 
4.25 	APPROPRIATION.
 4.26 	(a) From January 1, 2009, to December 31, 2009, the commissioner of agriculture 
4.27 	shall collect a bovine tuberculosis control assessment of $1 for each head of cattle sold 
4.28 	from the first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8, 
4.29 	paragraph (a). Money collected under this section shall be deposited in an account in 
4.30 	the special revenue fund and is appropriated to the Board of Animal Health for bovine 
4.31 	tuberculosis control activities.
4.32 	(b) A cattle owner located in a modified accredited zone established under Minnesota 
4.33 	Statutes, section 35.244, may receive a refund of the assessment under paragraph (a) after 
4.34 	application to the commissioner of agriculture.

5.1 	Sec. 5. APPROPRIATION.
 5.2 	(a) $472,000 in fiscal year 2008, and $2,252,000 in fiscal year 2009 from the general 
5.3 	fund are appropriated to the Board of Animal Health for monitoring, testing, eradication, 
5.4 	education and outreach, other activities the board is required to undertake to comply 
5.5 	with federal regulations concerning cattle, bison, and farmed cervidae under a USDA 
5.6 	modified accredited status, and annual payments under new Minnesota Statutes, section 
5.7 	35.086. $80,000 of this appropriation in fiscal year 2009 is for a grant to the North Central 
5.8 	Research Center at Grand Rapids to develop best management practices to control bovine 
5.9 	tuberculosis. The appropriation for fiscal year 2009 is added to the base.
5.10 	(b) $3,500,000 in fiscal year 2008 from the general fund is appropriated to the Board 
5.11 	of Animal Health for payments to cattle owners who remove cattle herds that are located 
5.12 	within the bovine tuberculosis management zone and fencing cost-share assistance under 
5.13 	new Minnesota Statutes, section 35.086. $150,000 of this appropriation is for a grant to 
5.14 	the North Central Research Center at Grand Rapids to develop best management practices 
5.15 	to control bovine tuberculosis. This is a onetime appropriation and is available until spent.
5.16 	(c) If an appropriation for the same purpose is enacted in 2008 S.F. No. 3813, article 
5.17 	12, section 4, or its house companion, the comparable appropriation in this section is void.

5.18 	Sec. 6. EFFECTIVE DATE.
 5.19 	Sections 1 to 3, and 5 are effective the day following final enactment.