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HF 84

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/06/2013 05:51pm

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to dogs and cats; providing for licensing and inspection of certain dog
and cat breeders; authorizing rulemaking; providing penalties; appropriating
money;proposing coding for new law in Minnesota Statutes, chapter 347.

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

Section 1.

[347.57] DEFINITIONS.

Subdivision 1.

Terms.

The definitions in this section apply to sections 347.57
to 347.63.

Subd. 2.

Animal.

"Animal" means a dog or a cat.

Subd. 3.

Board.

"Board" means the Minnesota Board of Animal Health.

Subd. 4.

Broker.

"Broker" means a person, firm, partnership, corporation, or
association that purchases animals for resale to other brokers or pet dealers.

Subd. 5.

Cat.

"Cat" means a mammal that is wholly or in part of the species Felis
domesticus. An adult cat is a cat 24 weeks of age or older. A kitten is a cat under 24
weeks of age.

Subd. 6.

Commercial breeder.

"Commercial breeder" means a person, other than a
hobby breeder, who possesses or has an ownership interest in animals and is engaged in
the business of breeding animals for sale or for exchange in return for consideration, and
who possesses ten or more adult intact animals and whose animals produce more than five
total litters of puppies or kittens per year.

Subd. 7.

Confinement area.

"Confinement area" means a structure used or
designed for use to restrict an animal to a limited amount of space, such as a room, pen,
cage, kennel, compartment, crate, or hutch.

Subd. 8.

Dog.

"Dog" means a mammal that is wholly or in part of the species Canis
familiaris. An adult dog is a dog 24 weeks of age or older. A puppy is a dog under 24
weeks of age.

Subd. 9.

Facility.

"Facility" means the place used by a commercial breeder for
breeding animals, and includes all buildings, property, confinement areas, and vehicles.

Subd. 10.

Hobby breeder.

"Hobby breeder" means a person who possesses or has
an ownership interest in animals and is engaged in the business of breeding animals for sale
or for exchange in return for consideration, and who possesses fewer than ten adult intact
animals or whose animals produce five or fewer total litters of puppies or kittens per year.

Subd. 11.

Local animal control authority.

"Local animal control authority" means
an agency of the state, county, municipality, or other political subdivision of the state that
is responsible for animal control operations in its jurisdiction.

Subd. 12.

Person.

"Person" means a natural person, firm, partnership, corporation,
or association, however organized.

Subd. 13.

Pet dealer.

"Pet dealer" means a person, including a commercial breeder
or a hobby breeder, that is required to collect sales tax for the sale of animals to the public.
Pet dealer does not include a humane society, nonprofit organization performing the
functions of a humane society, or local animal control authority.

Subd. 14.

Possess.

"Possess" means to have custody of or have control over.

Subd. 15.

Veterinarian.

"Veterinarian" means a veterinarian in good standing and
licensed in the state of Minnesota.

Sec. 2.

[347.58] LICENSING AND INSPECTIONS.

Subdivision 1.

Licensing.

(a) The board may grant an operating license to a
commercial breeder and shall enforce sections 347.58 to 347.63.

(b) Beginning July 1, 2014, a commercial breeder must obtain an annual license
for each facility it owns or operates. More than one building on the same premises is
considered one facility. The initial prelicense inspection fee and the annual license fee
is $10 per animal, but each fee must not exceed $250. The fee paid by a commercial
breeder must increase in relationship to the number of adult breeding animals possessed
by the commercial breeder at each facility.

(c) The board must perform an announced initial prelicense inspection within 60
days from the date of receiving a license application. A commercial breeder is not in
violation of this section if the commercial breeder has filed a completed license application
with the board and the board has not performed the initial prelicense inspection. The
board shall inspect a commercial breeder's facility before an initial license is issued. The
initial prelicense inspection fee must be included with the license application. Upon
completion of the inspection, the inspector must provide the commercial breeder an
inspection certificate signed by the inspector in a format approved by the board.

(d) The license application must indicate if a commercial breeder operates under
more than one name from a single location or has an ownership interest in any other
facility. License holders must keep separate records for each business name.

(e) The application must include a notarized statement that includes the following
information:

(1) whether any license held by an applicant under this section or under any other
federal, state, county, or local law, ordinance, or other regulation relating to dealing in or
handling cats or dogs was ever suspended, revoked, or denied;

(2) whether the applicant was ever convicted of animal cruelty; and

(3) the estimated number of adult animals that will be kept, housed, and maintained by
the applicant at the location that is the subject of the application and the estimated number
of puppies and kittens to be kept, housed, and maintained during the term of the license.

(f) An application from a partnership, corporation, or limited liability company must
include the name and address of all partners, directors, officers, or members and must
include a notation of any partners, directors, officers, members, or others authorized to
represent the partnership, corporation, or limited liability company.

(g) A nonresident applicant must consent to adjudication of any violation under the
laws of the state of Minnesota and in Minnesota courts.

(h) A license issued under this section is not transferable.

(i) A license holder must apply for license renewal annually by submitting a renewal
application on a form approved by the board. The license renewal application must be
postmarked by July 1 of each year. A late renewal is subject to a 50 percent penalty fee. If
a license is not renewed by August 1, the license holder must reapply for an initial license.

(j) A commercial breeder must submit to the board an annual report by August 1 on
a form prepared by the board. The form must include the current number of cats and dogs
at the facility on the date of the report, the number of animals during the preceding year
that were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased
from other causes, and any other information required by the board.

(k) If a commercial breeder is required to be licensed by the United States
Department of Agriculture, United States Department of Agriculture inspection reports
and records relating to animal care plans and veterinary care must be made available
during an inspection, upon request.

(l) A commercial breeder must prominently display the commercial breeder's license
at each facility.

(m) A commercial breeder's state license number must be included in all of the
commercial breeder's advertisements or promotions that pertain to animals being sold or
traded including, but not limited to, all newspapers, Internet, radio, or flyers.

(n) A commercial breeder must notify the board by certified mail within ten days
of any change in address, name, management, or substantial control and ownership of
the business or operation.

(o) The board shall refuse to issue an initial license when a commercial breeder:

(1) has violated any provision of chapter 343 or 346;

(2) has failed to meet any of the requirements of this section and section 347.59;

(3) has failed to meet any of the requirements of a local ordinance governing the
license holder;

(4) has been convicted of cruelty to animals under Minnesota law or under the
law of another jurisdiction;

(5) has been denied a similar license issued by another authority, either federal or
state, or if the license has been revoked or suspended; or

(6) has falsified any material information requested by the board.

(p) A person who has been an officer, agent, direct family member, or employee of a
commercial breeder whose license was revoked or suspended and who was responsible for
or participated in the violation that was a basis for the revocation or suspension may not
be licensed while the revocation or suspension is in effect.

Subd. 2.

Inspections.

(a) The board shall inspect each licensed facility at least
annually. The unannounced inspection must be during normal business hours and with the
commercial breeder or an agent of the commercial breeder present. The inspector must
submit an inspection report to the board within ten days of each inspection on a form
prepared by the board. The inspection report form must list separately each law, rule,
regulation, and ordinance the facility is not in compliance with and what correction is
required for compliance. The inspection report form must document the animal inventory
on the date of the inspection.

(b) If, after the prelicense inspection, the commercial breeder has two consecutive
years of inspections with no violations, the board shall inspect the commercial breeder at
least every two years. If the commercial breeder has any violations during an inspection or
if the board has cause, the board shall inspect the commercial breeder at least annually.

(c) If a license to operate is suspended, revoked, or denied, the board must be granted
access to the facility during normal business hours to verify that it is not operating.

Subd. 3.

Posting of information.

The board shall maintain and post in a timely
manner on its Web site a directory of commercial breeders in good standing and licensed
pursuant to section 347.58.

Sec. 3.

[347.59] STANDARDS OF CARE.

(a) A commercial breeder must comply with the following:

(1) chapters 343 and 346; and

(2) the requirements of an applicable local ordinance governing the license holder.

(b) A commercial breeder must ensure that animals that are part of the commercial
breeder's breeding business operations are cared for as follows:

(1) cats must not be housed in outdoor confinement areas;

(2) animals exercised in groups must be compatible and free of illness;

(3) females in estrus must not be housed with unneutered males, except for breeding
purposes;

(4) animals must be provided daily enrichment and must be provided positive
physical contact with human beings and compatible animals at least twice daily;

(5) animals must not be sold, traded, or given away before the age of eight weeks;

(6) the commercial breeder must provide identification and tracking for each animal,
which is not transferable to another animal; and

(7) the commercial breeder must provide adequate staff to maintain the facility and
observe each animal daily to monitor each animal's health and well-being, and to properly
care for the animals.

(c) A commercial breeder must not knowingly hire staff or independent contractors
who have been convicted of cruelty to animals under the law of any jurisdiction.

(d) A commercial breeder must maintain a written veterinary care plan developed in
conjunction with an attending Minnesota-licensed veterinarian.

(e) A commercial breeder must comply with any additional standards the board
considers necessary to protect the public health and welfare of animals covered under
sections 347.57 to 347.61. The standards must be established by rule.

(f) A United States Department of Agriculture (USDA) licensed breeder or dealer
who is in compliance with the minimum USDA regulations governing the license holder
as they relate to animal confinement areas as of the effective date of this section does not
have to comply with the minimum confinement area measurements under section 346.39,
subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If
a USDA licensed breeder or dealer builds a new confinement area after the effective date
of this section, those minimum standards must meet or exceed the minimum specifications
as they relate to confinement area size under section 346.39, subdivision 4.

Sec. 4.

[347.60] INVESTIGATIONS.

(a) The board shall initiate an investigation upon receiving a formal complaint
alleging violations of section 347.58 or 347.59 and work in conjunction with a local animal
control authority, a peace officer, or a humane agent appointed under section 343.01.

(b) When a local animal control authority, a peace officer, or a humane agent
appointed under section 343.01 is made aware of a violation under this chapter or chapter
343 or 346, committed by a commercial breeder, the local animal control authority,
peace officer, or humane agent appointed under section 343.01 shall report the violation
in a timely manner to the board.

Sec. 5.

[347.61] CIVIL ENFORCEMENT.

Subdivision 1.

Correction orders.

(a) The board may issue a correction order
requiring a commercial breeder to correct a violation of state statutes, rules, and
regulations governing breeding facilities. The correction order must state the deficiencies
that constitute the violation; the specific statute, rule, or regulation violated; and when
the violation must be corrected.

(b) A commercial breeder may ask the board to reconsider any portion of the
correction order that the commercial breeder believes is in error. The request for
reconsideration must be made in writing by certified mail within seven days after receipt
of the correction order. The request for reconsideration does not stay the correction order.
The board must respond to the request for reconsideration within 15 days after receiving
a request. The board's disposition of a request for reconsideration is final. The board
may extend the time for complying with a correction order after receiving a request for
reconsideration if necessary.

(c) The board shall reinspect the facility within 15 days after the time for correcting
the violation has passed to determine whether the violation has been corrected. If the
violation has been corrected, the board shall notify the commercial breeder in writing that
the commercial breeder is in compliance with the correction order. The board may charge
a reinspection fee to determine if a previous violation has been corrected.

Subd. 2.

Administrative penalty orders.

After the inspection required under
subdivision 1, paragraph (c), the board may issue an order requiring violations to
be corrected and administratively assessing monetary penalties for violations. The
administrative penalty order must include a citation of the statute, rule, or regulation
violated; a description of the violation; and the amount of the penalty for each violation. A
single correction order may assess a maximum administrative penalty of $5,000.

Subd. 3.

Injunctive relief.

In addition to any other remedy provided by law, the
board may bring an action for injunctive relief in the district court in Ramsey County or in
the county in which a violation of the statutes, rules, or regulations governing the breeding
of cats and dogs occurred to enjoin the violation.

Subd. 4.

Cease and desist.

The board must issue an order to cease a practice if its
continuation would result in an immediate risk to animal welfare or public health. An
order issued under this subdivision is effective for a maximum of 72 hours. The board or
its designated agent must seek an injunction or take other administrative action authorized
by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
does not preclude other enforcement action by the board.

Subd. 5.

Refusal to reissue license; license suspension or revocation.

(a) The
board may suspend, revoke, or refuse to renew a license as follows:

(1) for failure to comply with a correction order;

(2) for failure to pay an administrative penalty;

(3) for failure to meet the requirements of section 347.58 or 347.59; or

(4) for falsifying information requested by the board.

A license suspension, revocation, or nonrenewal may be appealed through the Office of
Administrative Hearings. A notice of intent to appeal must be filed in writing with the
board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.

(b) The board shall revoke a license if a commercial breeder has been convicted of
cruelty to animals under Minnesota law or a substantially similar animal cruelty law of
another jurisdiction, or for the denial, revocation, or suspension of a similar license by
another federal or state authority. A license revocation under this subdivision may be
appealed through the Office of Administrative Hearings. A notice of intent to appeal must
be filed in writing with the board within 20 days after receipt of the notice of revocation.

(c) A commercial breeder whose license is revoked may not reapply for licensure for
two years after the date of revocation. The license is permanently revoked if the basis for
the revocation was a gross misdemeanor or felony conviction for animal cruelty.

(d) A commercial breeder whose license is suspended or revoked two times is
permanently barred from licensure.

Subd. 6.

Administrative hearing rights.

(a) Except as provided in paragraph
(b), if the board proposes to refuse to renew, suspend, or revoke a license, the board
must first notify the commercial breeder in writing of the proposed action and provide an
opportunity to request a hearing under the contested case provisions of chapter 14. If the
commercial breeder does not request a hearing within 20 days after receipt of the notice of
the proposed action, the board may proceed with the action without a hearing.

(b) The contested case provisions of chapter 14 do not apply when the board denies
a license based on an applicant's failure to meet the minimum qualifications for licensure.

(c) A commercial breeder may appeal the amount of an administrative penalty
order through the Office of Administrative Hearings pursuant to the procedures set forth
in chapter 14. A commercial breeder wishing to file an appeal must notify the board in
writing within 20 days after receipt of the administrative penalty order.

Subd. 7.

Other jurisdictions.

The board may accept as prima facie evidence of
grounds for an enforcement action under this section any enforcement or disciplinary
action from another jurisdiction, if the underlying violation would be grounds for a
violation under the provisions of this section.

Subd. 8.

Appeals.

A final order by the board may be appealed to the Minnesota
Court of Appeals.

Sec. 6.

[347.62] PENALTIES.

(a) Except as provided in paragraph (b), a violation of section 347.58 or 347.59
is a misdemeanor.

(b) A violation of section 347.58 or 347.59 that results in cruelty or torture to an
animal, as those terms are defined in section 343.20, subdivision 3, is subject to the
penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.

(c) It is a misdemeanor for a broker or pet dealer to knowingly purchase or trade a
dog or cat for the purpose of resale or trade to another person from a person required to be
licensed but who does not have a valid license.

(d) It is a misdemeanor to falsify information in a license application, annual report,
or record.

(e) It is a misdemeanor for an unlicensed commercial breeder to advertise animals
for sale.

Sec. 7.

[347.63] DOG AND CAT BREEDERS LICENSING ACCOUNT;
APPROPRIATION.

A dog and cat breeders licensing account is created in the special revenue fund.
All fees and penalties collected by the board under sections 347.58 to 347.62 must be
deposited in the state treasury and credited to the dog and cat breeders licensing 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.

Sec. 8.

[347.64] APPLICABILITY.

Sections 347.57 to 347.63 do not apply to any species other than dogs and cats as
they are defined in section 347.57.

Sec. 9. REGISTRATION; INITIAL PRELICENSE INSPECTIONS.

Subdivision 1.

Commercial breeder registration.

Beginning July 1, 2013, until
June 30, 2014, a commercial breeder must register each facility it owns or operates by
paying a registration fee of $250 per facility to the Board of Animal Health.

Subd. 2.

Initial prelicense inspections.

Beginning July 1, 2013, until June 30,
2014, the board may begin the initial prelicense inspections under Minnesota Statutes,
section 347.58.

Subd. 3.

Deposits of fees.

Fees collected under this section must be deposited in the
dog and cat breeders licensing account in the special revenue fund.

Sec. 10. BOARD OF ANIMAL HEALTH; APPROPRIATION.

$80,000 in fiscal year 2014 and $336,000 in fiscal year 2015 are appropriated from
the general fund to the Board of Animal Health to administer sections 1 to 9. $336,000 is
added to the agency's base budget.

Sec. 11. EFFECTIVE DATE.

Sections 1 to 10 are effective July 1, 2013.

1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3
5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2
6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14
8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27
8.28 8.29 8.30 8.31 8.32 8.33 8.34
9.1 9.2 9.3
9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12
9.13 9.14 9.15 9.16
9.17 9.18

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569