HF 1202

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/27/2023 04:05pm

A bill for an act
relating to animal health; declassifying certain data; modifying requirements for
certain owners of farmed Cervidae; prohibiting certain registrations; establishing
civil liability; modifying disposition of certain federal funds; requiring live-animal
testing for chronic wasting disease; transferring certain duties from the Board of
Animal Health to the commissioner of natural resources; appropriating money;
amending Minnesota Statutes 2022, sections 13.643, subdivision 6; 17.118,
subdivision 2; 35.155, subdivisions 1, 4, 10, 11, 12, by adding subdivisions; 35.156,
subdivision 2, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:

Subd. 6.

Animal premises data.

(a) new text begin Except for farmed Cervidae premises location data
collected and maintained under section 35.155, new text end the following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:

(1) the names and addresses;

(2) the location of the premises where animals are kept; and

(3) the identification number of the premises or the animal.

(b) Except as provided in section 347.58, subdivision 5, data collected and maintained
by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or
nonpublic.

(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b)
to any person, agency, or to the public if the board determines that the access will aid in the
law enforcement process or the protection of public or animal health or safety.

Sec. 2.

Minnesota Statutes 2022, section 17.118, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
Cervidae, Ratitae, bison, sheep, horses, and llamas.

(c) "Qualifying expenditures" means the amount spent for:

(1) the acquisition, construction, or improvement of buildings or facilities for the
production of livestock or livestock products;

(2) the development of pasture for use by livestock including, but not limited to, the
acquisition, development, or improvement of:

(i) lanes used by livestock that connect pastures to a central location;

(ii) watering systems for livestock on pasture including water lines, booster pumps, and
well installations;

(iii) livestock stream crossing stabilization; and

(iv) fences; or

(3) the acquisition of equipment for livestock housing, confinement, feeding, and waste
management including, but not limited to, the following:

(i) freestall barns;

(ii) watering facilities;

(iii) feed storage and handling equipment;

(iv) milking parlors;

(v) robotic equipment;

(vi) scales;

(vii) milk storage and cooling facilities;

(viii) bulk tanks;

(ix) computer hardware and software and associated equipment used to monitor the
productivity and feeding of livestock;

(x) manure pumping and storage facilities;

(xi) swine farrowing facilities;

(xii) swine and cattle finishing barns;

(xiii) calving facilities;

(xiv) digesters;

(xv) equipment used to produce energy;

(xvi) on-farm processing facilities equipment;

(xvii) fences, including but not limited to farmed Cervidae perimeter fences required
under section 35.155, deleted text begin subdivision 4 deleted text end new text begin subdivisions 4 and 4a new text end ; and

(xviii) livestock pens and corrals and sorting, restraining, and loading chutes.

Except for qualifying pasture development expenditures under clause (2), qualifying
expenditures only include amounts that are allowed to be capitalized and deducted under
either section 167 or 179 of the Internal Revenue Code in computing federal taxable income.
Qualifying expenditures do not include an amount paid to refinance existing debt.

Sec. 3.

Minnesota Statutes 2022, section 35.155, subdivision 1, is amended to read:

Subdivision 1.

Running at large prohibited.

(a) An owner may not allow farmed
Cervidae to run at large. The owner must make all reasonable efforts to return escaped
farmed Cervidae to their enclosures as soon as possible. The owner must new text begin immediately new text end notify
the commissioner of natural resources of the escape of farmed Cervidae if the farmed
Cervidae are not returned or captured by the owner within 24 hours of their escape.

(b) An owner is liable for expenses of another person in capturing, caring for, and
returning farmed Cervidae that have left their enclosures if the person capturing the farmed
Cervidae contacts the owner as soon as possible.

(c) If an owner is unwilling or unable to capture escaped farmed Cervidae, the
commissioner of natural resources may destroy the escaped farmed Cervidae. The
commissioner of natural resources must allow the owner to attempt to capture the escaped
farmed Cervidae prior to destroying the farmed Cervidae. Farmed Cervidae that are not
captured by 24 hours after escape may be destroyed.

new text begin (d) A hunter licensed by the commissioner of natural resources under chapter 97A may
kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner
for the loss of the animal. A licensed hunter who harvests escaped farmed Cervidae under
this paragraph must immediately notify the commissioner of natural resources.
new text end

new text begin (e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of
natural resources must be tested for chronic wasting disease.
new text end

new text begin (f) The owner is responsible for proper disposal, as determined by the board, of farmed
Cervidae that are killed or destroyed under this subdivision and test positive for chronic
wasting disease.
new text end

new text begin (g) An owner is liable for any additional costs associated with escaped farmed Cervidae
that are infected with chronic wasting disease. This paragraph may be enforced by the
attorney general on behalf of any state agency affected.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 35.155, subdivision 4, is amended to read:

Subd. 4.

Fencing.

Farmed Cervidae must be confined in a manner designed to prevent
escape. new text begin Except as provided in subdivision 4a, new text end all perimeter fences for farmed Cervidae must
be at least 96 inches in height and be constructed and maintained in a way that prevents the
escape of farmed Cervidae deleted text begin or deleted text end new text begin , new text end entry into the premises by free-roaming Cervidae new text begin , and physical
contact between farmed Cervidae and free-roaming Cervidae new text end . deleted text begin After July 1, 2019, deleted text end All new
fencing installed and all fencing used to repair deficiencies must be high tensile. deleted text begin By
December 1, 2019, deleted text end All entry areas for farmed Cervidae enclosure areas must have two
redundant gates, which must be maintained to prevent the escape of animals through an
open gate. If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner
must repair the deficiency within deleted text begin a reasonable time, as determined by the Board of Animal
Health, not to exceed 45 deleted text end new text begin 14 new text end days. If a fence deficiency is detected during an inspection, the
facility must be reinspected at least once in the subsequent three months. The farmed
Cervidae owner must pay a reinspection fee equal to one-half the applicable annual inspection
fee under subdivision 7a for each reinspection related to a fence violation. If the facility
experiences more than one escape incident in any six-month period or fails to correct a
deficiency found during an inspection, the board may revoke the facility's registration and
order the owner to remove or destroy the animals as directed by the board. If the board
revokes a facility's registration, the commissioner of natural resources may seize and destroy
animals at the facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 35.155, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Fencing; commercial herds. new text end

new text begin In addition to the requirements in subdivision
4, commercially farmed white-tailed deer must be confined by two or more perimeter fences,
with each perimeter fence at least 120 inches in height.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 35.155, subdivision 10, is amended to read:

Subd. 10.

Mandatory registration.

(a) A person may not possess live Cervidae in
Minnesota unless the person is registered with the Board of Animal Health and meets all
the requirements for farmed Cervidae under this section. Cervidae possessed in violation
of this subdivision may be seized and destroyed by the commissioner of natural resources.

(b) A person whose registration is revoked by the board is ineligible for future registration
under this section unless the board determines that the person has undertaken measures that
make future escapes extremely unlikely.

new text begin (c) The board must not allow new registrations under this section for possessing
white-tailed deer. This paragraph does not prohibit a person holding a valid registration
under this subdivision from selling or transferring the person's registration to a family
member who resides in this state and is related to the person within the third degree of
kindred according to the rules of civil law. A valid registration may be sold or transferred
only once under this paragraph. Before the board approves a sale or transfer under this
paragraph, the board must verify that the herd is free from chronic wasting disease and the
person or eligible family member must pay a onetime transfer fee of $500 to the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2022, section 35.155, subdivision 11, is amended to read:

Subd. 11.

Mandatory surveillance for chronic wasting disease; depopulation.

(a)
An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
and filed with the Board of Animal Health every 12 months.

(b) Movement of farmed Cervidae from any premises to another location must be reported
to the Board of Animal Health within 14 days of the movement on forms approved by the
Board of Animal Health. new text begin A person must not move farmed white-tailed deer from a herd that
tests positive for chronic wasting disease from any premises to another location.
new text end

(c) All animals from farmed Cervidae herds that are over deleted text begin 12 deleted text end new text begin six new text end months of age that die
or are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

new text begin (1) allow and cooperate with inspections of the premises as determined by the Board of
Animal Health and Department of Natural Resources conservation officers and wildlife
managers;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end depopulate the premises of Cervidae after the federal indemnification process
has been completed or, if an indemnification application is not submitted, within deleted text begin a reasonable
time determined by the board in consultation with the commissioner of natural resources deleted text end new text begin
30 days new text end ;

deleted text begin (2) deleted text end new text begin (3) new text end maintain the fencing required under deleted text begin subdivision deleted text end new text begin subdivisions new text end 4 new text begin and 4a new text end on the
premises for deleted text begin five deleted text end new text begin ten new text end years after the date of detection; deleted text begin and
deleted text end

deleted text begin (3) deleted text end new text begin (4) new text end post the fencing on the premises with biohazard signs as directed by the board deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) not raise farmed Cervidae on the premises for at least ten years;
new text end

new text begin (6) before signing an agreement to sell or transfer the property, disclose in writing to
the buyer or transferee the date of depopulation and the requirements incumbent upon the
premises and the buyer or transferee under this paragraph; and
new text end

new text begin (7) record with the county recorder or registrar of titles as appropriate, in the county
where the premises is located, a notice, in the form required by the board, that meets the
recording requirements of sections 507.093 and 507.24 and includes the nearest address
and the legal description of the premises, the date of detection, the date of depopulation,
the landowner requirements under this paragraph, and any other information required by
the board. The legal description must be the legal description of record with the county
recorder or registrar of titles and must not otherwise be the real estate tax statement legal
description of the premises. The notice expires and has no effect ten years after the date of
detection stated in the notice. The registrar of titles must omit an expired notice from future
certificates of title.
new text end

new text begin (e) An owner of farmed Cervidae that test positive for chronic wasting disease is
responsible for proper disposal of the animals, as determined by the board.
new text end

Sec. 8.

Minnesota Statutes 2022, section 35.155, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Liability. new text end

new text begin (a) A herd owner is liable in a civil action to a person injured by
the owner's sale or unlawful disposal of farmed Cervidae infected with or exposed to chronic
wasting disease. Action may be brought in a county where the farmed Cervidae are sold,
delivered, or unlawfully disposed.
new text end

new text begin (b) A herd owner is liable to the state for costs associated with the owner's unlawful
disposal of farmed Cervidae infected with or exposed to chronic wasting disease. This
paragraph may be enforced by the attorney general on behalf of any state agency affected.
new text end

Sec. 9.

Minnesota Statutes 2022, section 35.155, subdivision 12, is amended to read:

Subd. 12.

Importation.

new text begin (a) new text end A person must not import new text begin live new text end Cervidae new text begin or Cervidae semen new text end
into the state from a herd that is new text begin :
new text end

new text begin (1) new text end infected new text begin with new text end or new text begin has been new text end exposed to chronic wasting disease new text begin ; new text end or

new text begin (2) new text end from a deleted text begin known deleted text end new text begin state or province where new text end chronic wasting disease deleted text begin endemic area, as
determined by the board deleted text end new text begin is present in farmed or wild Cervidae populations new text end .

new text begin (b) new text end A person may import new text begin live new text end Cervidae new text begin or Cervidae semen new text end into the state only from a
herd that new text begin :
new text end

new text begin (1) new text end is not deleted text begin in a known deleted text end new text begin located in a state or province where new text end chronic wasting disease deleted text begin endemic
area, as determined by the board, deleted text end new text begin is present in farmed or wild Cervidae populations; new text end and
deleted text begin the herd
deleted text end

new text begin (2) new text end has been subject to a deleted text begin state or provincial approved deleted text end new text begin state- or provincial-approved new text end
chronic wasting disease monitoring program for at least three years.

new text begin (c) new text end Cervidae new text begin or Cervidae semen new text end imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.

Sec. 10.

Minnesota Statutes 2022, section 35.156, subdivision 2, is amended to read:

Subd. 2.

Federal fund account.

new text begin (a) new text end Money granted to the state by the federal government
for purposes of chronic wasting disease must be credited to a separate account in the federal
fund and new text begin , except as provided in paragraph (b), new text end is annually appropriated to the commissioner
of agriculture for the purposes for which the federal grant was made according to section
17.03.

new text begin (b) Money granted to the state by the federal government for response to, and remediation
of, farmed or wild white-tailed deer infected with chronic wasting disease is annually
appropriated to the commissioner of natural resources according to section 84.085,
subdivision 1.
new text end

Sec. 11.

Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Consultation required. new text end

new text begin The Board of Animal Health and the commissioner
of natural resources must consult the Minnesota Center for Prion Research and Outreach
at the University of Minnesota and incorporate peer-reviewed scientific information when
administering and enforcing section 35.155 and associated rules pertaining to chronic wasting
disease and farmed Cervidae.
new text end

Sec. 12.

Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Notice required. new text end

new text begin The Board of Animal Health must promptly notify affected
local units of government and Tribal governments when an animal in a farmed Cervidae
herd tests positive for chronic wasting disease.
new text end

Sec. 13.

Minnesota Statutes 2022, section 35.156, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Annual testing required. new text end

new text begin (a) Annually beginning July 1, 2023, the Board of
Animal Health must have each farmed white-tailed deer possessed by a person registered
under section 35.155 tested for chronic wasting disease using a real-time quaking-induced
conversion (RT-QuIC) test offered by a public or private diagnostic laboratory. Live-animal
testing must consist of an ear biopsy, the collection of which must be managed by the Board
of Animal Health, with each laboratory reporting RT-QuIC results to both the commissioner
of natural resources and the Board of Animal Health in the form required by both agencies.
If a white-tailed deer tests positive, the owner must have the animal tested a second time
using an RT-QuIC test performed on both a second ear biopsy and a tonsil or rectal biopsy.
new text end

new text begin (b) If a farmed white-tailed deer tests positive using an RT-QuIC test performed on both
a second ear biopsy and a tonsil or rectal biopsy, the owner must have the animal destroyed
and tested for chronic wasting disease using a postmortem test approved by the Board of
Animal Health.
new text end

new text begin (c) If a farmed white-tailed deer tests positive for chronic wasting disease under paragraph
(b), the owner must depopulate the premises of farmed Cervidae as required under section
35.155, subdivision 11.
new text end

Sec. 14. new text begin TRANSFER OF DUTIES; FARMED WHITE-TAILED DEER.
new text end

new text begin (a) Responsibility for administering and enforcing the statutes and rules listed in clauses
(1) and (2) for farmed white-tailed deer are, except as provided in paragraph (c), transferred
pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the
commissioner of natural resources:
new text end

new text begin (1) Minnesota Statutes, sections 35.153 to 35.156; and
new text end

new text begin (2) Minnesota Rules, parts 1721.0370 to 1721.0420.
new text end

new text begin (b) The Board of Animal Health retains responsibility for administering and enforcing
the statutes and rules listed in paragraph (a), clauses (1) and (2), for all other farmed Cervidae.
new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of
personnel will not take place.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 15. new text begin APPROPRIATION; CHRONIC WASTING DISEASE TRANSMISSION
CONTINGENCY PLANNING.
new text end

new text begin $1,632,612 in fiscal year 2024 and $1,845,700 in fiscal year 2025 are appropriated from
the general fund to the Board of Regents of the University of Minnesota for chronic wasting
disease contingency plans developed by the Center for Infectious Disease Research and
Policy. The center must develop, refine, and share with relevant experts and stakeholders
contingency plans regarding the potential transmission of chronic wasting disease from
Cervidae to humans, livestock, and other species. The contingency plans must provide a
blueprint for preparedness and response planning documents including authoritative risk
communication, education, and outreach materials. The base for this appropriation is
$1,603,000 in fiscal year 2026, $1,603,000 in fiscal year 2027, and $0 in fiscal year 2028
and beyond.
new text end

Sec. 16. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter
35, and Minnesota Rules, chapter 1721, as necessary to conform with section 14. The revisor
must also change the responsible agency, remove obsolete language, and make necessary
cross-reference changes consistent with section 14 and the renumbering.
new text end