Minnesota Legislature
HF 2024
as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2019 02:04pm
Bill Text Versions
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| Introduction | Posted on 03/04/2019 |
Current Version - as introduced
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A bill for an act
relating to companion animals; establishing the Minnesota Companion Animal
Board; providing duties and responsibilities; transferring duties; requiring a report;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018,
sections 35.02, subdivision 1; 35.03; proposing coding for new law in Minnesota
Statutes, chapter 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.
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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 347.75, 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 Board. new text end
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"Board" means the Companion Animal Board.
new text end
new text begin Subd. 3. 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 section 343.20, subdivision 6.
new text end
Sec. 2.
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[347.67] COMPANION ANIMAL BOARD; PURPOSE.
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new text begin
(a) The board's purpose is to protect and promote the welfare, social well-being, and
physical and mental health of companion animals. The board shall serve the broader
community, including the public, state and 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 347.74.
new text end
new text begin
(b) The board has primary authority for regulating companion animals in this state.
new text end
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(c) 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
Sec. 3.
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[347.68] BOARD STRUCTURE.
new text end
new text begin Subdivision 1. new text end
new text begin Members; officers. new text end
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(a) The Companion Animal Board is created to carry
out and enforce the purposes, powers, and duties of sections 347.67 to 347.72. The board
has nine members appointed by the governor represented by the following companion animal
interests and experience:
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(1) two members must be veterinarians who are licensed and practice veterinary medicine
in this state;
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(2) one member must be a Minnesota animal control officer;
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(3) two members must be employed in management at a Minnesota nonprofit humane
society, one of whom must be from the Animal Humane Society;
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(4) one member must be from the College of Veterinary Medicine at the University of
Minnesota;
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(5) 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;
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new text begin
(6) one member must be employed by the board of animal health; and
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(7) one member must be employed by a county or municipality representing community
needs and local governance;
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(b) 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 non-member to be the board's executive director for a term of one year
and until a successor qualifies. The board shall set the duties of the executive director.
new text end
new text begin
(c) The board shall 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
Sec. 4.
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[347.69] DUTIES OF BOARD.
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new text begin Subdivision 1. new text end
new text begin Enforcement. new text end
new text begin
The board's enforcement duties include, but are not limited
to, the following:
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(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
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(2) the licensing, enforcement, and inspection of commercial breeders under sections
347.57 to 347.64.
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, the following:
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(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;
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(2) providing expertise to state and local governments on issues related to companion
animals; and
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(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 shall, at a minimum, provide the following
services and resources:
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(1) assistance with companion animal emergency and disaster relief services;
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(2) the collection, analysis, and dissemination of quantitative and qualitative data as it
relates to companion animals in Minnesota; and
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(3) resources to Minnesota nonprofit animal welfare organizations.
new text end
new text begin EFFECTIVE DATE. new text end
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This section is effective January 1, 2020.
new text end
Sec. 5.
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[347.70] AUTHORITY OF BOARD; REPORTS.
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new text begin Subdivision 1. new text end
new text begin Rulemaking authority. new text end
new text begin
The board may make rules necessary to carry
out the powers, duties, and responsibilities given to the board under sections 347.68 to
347.70.
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 shall 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 shall
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
Sec. 6.
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[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.
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[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 347.74,
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
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The responsibility to administer the duties listed in clauses (1) and (2) are transferred
pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the
Companion Animal Board on January 1, 2020:
new text end
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(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
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(2) the licensing, enforcement, and inspection of commercial breeders under sections
347.57 to 347.64.
new text end
new text begin EFFECTIVE DATE. new text end
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This section is effective January 1, 2020.
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, chapter 347, and
sections 346.55 and 346.58.
new text end
Sec. 10. new text begin RULEMAKING AUTHORITY.
new text end
new text begin
The Companion Animal Board shall 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
Sec. 11. new text begin APPROPRIATION; COMPANION ANIMAL BOARD.
new text end
new text begin
$....... in fiscal year 2020 and $....... in fiscal year 2021 are 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.
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, 2019.
new text end
ARTICLE 2
BOARD OF ANIMAL HEALTH CHANGES
Section 1.
Minnesota Statutes 2018, section 35.02, subdivision 1, is amended to read:
Subdivision 1.
Members; officers.
The board has five members appointed by the
governor with the advice and consent of the senate, three of whom are producers of livestock
in the state, 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, 2019.
new text end
Sec. 2.
Minnesota Statutes 2018, section 35.03, is amended to read:
35.03 POWERS, DUTIES, AND REPORTS.
new text begin (a) new text end The board shall protect the health of Minnesota domestic animals and carry out the
provisions of this chapter. The board shall make rules necessary to protect the health of
domestic animals. The board shall meet at least quarterly. Officers must be elected each
April. On or before November 1 of each year the board shall publish an annual report. The
University of Minnesota Veterinary Diagnostic Laboratory is the official laboratory for the
board. At least quarterly, the director of the Veterinary Diagnostic Laboratory must report
on the laboratory's activities.
new text begin
(b) The board must not adopt or enforce a rule or policy that conflicts with the duties or
purposes of the Companion Animal Board under chapter 347.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end
Sec. 3. new text begin COOPERATION WITH COMPANION ANIMAL BOARD.
new text end
new text begin
The Board of Animal Health shall cooperate with the Companion Animal Board in the
transference of duties under article 1, section 8. This cooperation must include providing
the Companion Animal Board with access to any documentation or record keeping:
new text end
new text begin
(1) related to the duties being transferred from the Board of Animal Health to the
Companion Animal Board; and
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(2) collected and maintained by the Board of Animal Health relating to companion
animals.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2019.
new text end