SF 1136

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/31/2023 08:09am

A bill for an act
relating to state government; establishing the Companion Animal Board; providing
duties and responsibilities; establishing a companion animal license plate;
transferring duties; requiring a report; authorizing rulemaking; appropriating
money; amending Minnesota Statutes 2022, sections 35.02, subdivision 1; 347.58,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 168;
346.

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

ARTICLE 1

COMPANION ANIMAL BOARD

Section 1.

new text begin [346.60] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 346.60 to 346.65, the terms defined in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Animal rescue. new text end

new text begin "Animal rescue" means any not-for-profit organization with
tax-exempt status under section 501(c)(3) of the Internal Revenue Code that:
new text end

new text begin (1) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted, displaced,
or surrendered companion animals;
new text end

new text begin (2) uses private foster homes as the primary means of housing animals; and
new text end

new text begin (3) does not breed animals.
new text end

new text begin Subd. 3. new text end

new text begin Animal shelter. new text end

new text begin "Animal shelter" means any not-for-profit organization with
tax-exempt status under section 501(c)(3) of the Internal Revenue Code that:
new text end

new text begin (1) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted, displaced,
or surrendered companion animals;
new text end

new text begin (2) operates a physical facility as the primary means of accepting and housing animals;
and
new text end

new text begin (3) does not breed animals.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Companion Animal Board.
new text end

new text begin Subd. 5. new text end

new text begin Cat. new text end

new text begin "Cat" means a mammal that is wholly or in part of the species Felis
domesticus.
new text end

new text begin Subd. 6. new text end

new text begin Companion animal or pet. new text end

new text begin "Companion animal" or "pet" has the meaning
given in sections 343.20, subdivision 6; and 346.36, subdivision 6.
new text end

new text begin Subd. 7. new text end

new text begin Dog. new text end

new text begin "Dog" means a mammal that is wholly or in part of the species Canis
familiaris.
new text end

Sec. 2.

new text begin [346.61] COMPANION ANIMAL BOARD; PURPOSE.
new text end

new text begin (a) The Companion Animal Board is created to promote the welfare of cats, dogs, and
other pets; serve those individuals in the community who care for these animals; and support
the human-animal bond. The board must administer and enforce sections 346.60 to 346.65.
new text end

new text begin (b) The authority of the board is limited to cats, dogs, and other animals kept as pets,
including rabbits, guinea pigs, ferrets, small rodents, nonnative birds, small nonvenomous
amphibians and reptiles, and other nonagricultural domesticated animals.
new text end

new text begin (c) The board has no authority or jurisdiction over:
new text end

new text begin (1) cattle, sheep, swine, goats, farmed Cervidae, poultry, or other animals used for food,
agricultural products, or other agricultural uses;
new text end

new text begin (2) regulated animals, as defined in section 346.155, subdivision 1, paragraph (e);
new text end

new text begin (3) wild animals, as defined in section 97A.015, subdivision 55; and
new text end

new text begin (4) racehorses regulated under chapter 240.
new text end

new text begin (d) The board's authority must not be interpreted or construed to interfere with or
supersede the authority of the Board of Veterinary Medicine over the practice of veterinary
medicine under chapter 156, or the authority of the Board of Animal Health to control and
prevent dangerous and reportable diseases under chapter 35.
new text end

Sec. 3.

new text begin [346.62] BOARD STRUCTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Members; officers. new text end

new text begin (a) The board consists of the following 13 members
appointed by the governor who represent companion animal interests and experiences:
new text end

new text begin (1) four members who represent the practice of veterinary medicine as follows:
new text end

new text begin (i) two licensed veterinarians who practice veterinary medicine in this state;
new text end

new text begin (ii) one veterinarian employed by the Board of Animal Health; and
new text end

new text begin (iii) one veterinarian employed by the University of Minnesota College of Veterinary
Medicine;
new text end

new text begin (2) four members who represent Minnesota communities, Tribes, and local governments,
as follows:
new text end

new text begin (i) one county or municipal government employee who represents community needs
and local governance;
new text end

new text begin (ii) one member who represents a federally recognized Tribe located in Minnesota; and
new text end

new text begin (iii) two at-large public members;
new text end

new text begin (3) three members who represent Minnesota animal shelters and animal rescues as
follows:
new text end

new text begin (i) one member employed by, or a current board member of, a licensed animal shelter
located in the seven-county metropolitan area;
new text end

new text begin (ii) one member employed by, or a current board member of, a licensed animal shelter
located in greater Minnesota; and
new text end

new text begin (iii) one member employed by, or a current board member of, a Minnesota animal rescue;
new text end

new text begin (4) one member who is a licensed Minnesota commercial cat or dog breeder; and
new text end

new text begin (5) one member who is a licensed social worker, mental health professional, or other
individual who represents human welfare issues and interactions with companion animals.
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

new text begin Subd. 3. new text end

new text begin Executive director; employees. new text end

new text begin The board must appoint and employ an
executive director who is not a member of the board to serve at the pleasure of the board.
The board must set the duties of the executive director and employ, upon recommendation
of the executive director, licensed veterinarians and other staff as necessary to carry out the
board's duties.
new text end

Sec. 4.

new text begin [346.63] DUTIES OF THE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Regulatory enforcement. new text end

new text begin The board must enforce state laws that regulate
companion animals as follows:
new text end

new text begin (1) the licensing, enforcement, and inspection of cat and dog kennels and dealers under
sections 347.31 to 347.40 and any rules adopted pursuant to those sections; and
new text end

new text begin (2) the licensing, enforcement, and inspection of commercial dog and cat breeders under
sections 347.57 to 347.65 and any rules adopted pursuant to those sections.
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 must provide expertise about
companion animal issues and promote responsible pet ownership through providing
information, education, and communication. Duties include but are not limited to:
new text end

new text begin (1) establishing and maintaining a website that provides information and resources for
the public on issues related to companion animal care and welfare;
new text end

new text begin (2) providing expertise and assistance to other state government agencies and local
governments on issues related to companion animals, including emergency and disaster
relief, community cat programs, temporary pet housing, and other needs; and
new text end

new text begin (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 (a) The board must promote the welfare of companion
animals and provide long-term efficiencies and collaboration in the animal welfare and
human welfare fields.
new text end

new text begin (b) The board must determine and define community and statewide needs for the welfare
of companion animals. The board must support these needs by collecting, analyzing, and
disseminating quantitative and qualitative data as it relates to companion animals and their
care.
new text end

new text begin (c) Based on an analysis of need, the board may establish statewide programs or
collaborate with and assist in the delivery of services and resources provided by
Minnesota-based:
new text end

new text begin (1) nonprofit organizations;
new text end

new text begin (2) local governments;
new text end

new text begin (3) veterinary clinics or practices; and
new text end

new text begin (4) postsecondary institutions with a mission or programs targeting companion animal
welfare or the human-animal bond.
new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin (a) The board must administer a grant program. The scope and purpose
of the grants, to the extent possible, is to provide funding that allows the grantee to achieve
measurable outcomes in the care and welfare of companion animals.
new text end

new text begin (b) The board may make grants from money available in the companion animal account
to assist entities identified in subdivision 3, paragraph (c), and to support the board's duties
under subdivisions 2 and 3.
new text end

new text begin (c) The board must determine grant priorities and administer the grant program in
compliance with sections 16B.97 to 16B.991. Grants may include but are not limited to
financial assistance for veterinary services and training, animal shelter management, capital
expenses, equipment, pet care education, and other needs as defined by the board under
subdivision 3, paragraph (b).
new text end

new text begin (d) The board must report annually by February 15 to the legislative committees with
jurisdiction over companion animals on grants made under this subdivision during the
previous calendar year. The report must include the amount of grant money that the board
issued, the geographic distribution of grants, and measurable outcomes including but not
limited to the number of companion animals served.
new text end

new text begin Subd. 5. new text end

new text begin Annual report. new text end

new text begin On or before January 15 each year, the board must publish and
make available an annual report.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

new text begin [346.64] AUTHORITY OF BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking authority. new text end

new text begin The board may adopt rules necessary to carry
out the powers, duties, and responsibilities given to the board under section 346.63,
subdivision 1, clauses (1) and (2).
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 Certificates of veterinary inspection. new text end

new text begin The Board of Animal Health must
provide a copy of each new certificate of veterinary inspection for companion animals to
the Companion Animal Board within 30 days of receiving the certificate of veterinary
inspection.
new text end

new text begin Subd. 4. new text end

new text begin Funds received. new text end

new text begin The board may accept gifts or other financial contributions
from any source to support the board's purposes and duties. 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 private person to support the board's purposes and duties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except subdivisions 2 and
4 are effective July 1, 2023.
new text end

Sec. 6.

new text begin [346.65] 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 and, except as provided in section 4.07, subdivision 3, any money
received by the board as gifts, grants, or other private or public funds must be deposited in
the state treasury and credited to the companion animal account. Money in the account,
including interest on the account, is appropriated to the board to administer and award grants
under sections 346.60 to 346.65.
new text end

Sec. 7. new text begin TRANSFER OF DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer. new text end

new text begin (a) The responsibility to administer the duties listed in clauses
(1) and (2) is transferred from the Board of Animal Health to the Companion Animal Board
effective July 1, 2024:
new text end

new text begin (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

new text begin (2) the licensing, enforcement, and inspection of commercial breeders under Minnesota
Statutes, sections 347.57 to 347.65.
new text end

new text begin (b) The transfer required under this section is pursuant to Minnesota Statutes, section
15.039, except the transfer of unexpended funds under Minnesota Statutes, section 15.039,
subdivision 6, and the transfer of personnel under Minnesota Statutes, section 15.039,
subdivision 7, do not apply.
new text end

new text begin (c) The Board of Animal Health must provide the Companion Animal Board with access
to data, documentation, and record keeping, including data classified as nonpublic, if the
data, documentation, or record keeping is related to the duties being transferred from the
Board of Animal Health to the Companion Animal Board.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin No later than February 1, 2024, the executive director of the Board of
Animal Health and the executive director of the Companion Animal Board must jointly
report to the legislative committees with jurisdiction over state government regarding the
status of the transfer required under subdivision 1, including whether the directors recommend
that the legislature modify the July 1, 2024, effective date.
new text end

Sec. 8. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The Companion Animal Board must amend Minnesota Rules, parts 1721.0490 and
1721.0520, to make conforming changes related to the transfer of duties under section 7.
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

new text begin EFFECTIVE DATE. new text end

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

Sec. 9. new text begin INITIAL APPOINTMENT OF EXECUTIVE DIRECTOR.
new text end

new text begin The Companion Animal Board must appoint an executive director no later than six
months after the governor appoints the initial board members.
new text end

Sec. 10. new text begin APPROPRIATION; COMPANION ANIMAL BOARD.
new text end

new text begin $2,854,000 in fiscal year 2024 and $3,057,000 in fiscal year 2025 are appropriated from
the general fund to the Companion Animal Board to perform the board's duties under
Minnesota Statutes, chapter 346. Of the amount appropriated each year, at least:
new text end

new text begin (1) $250,000 is for the grant program under Minnesota Statutes, section 346.63,
subdivision 4; and
new text end

new text begin (2) $750,000 is for a pilot program administered under Minnesota Statutes, section
346.63, subdivision 4, that provides effective solutions to the veterinary staffing crisis, such
as training or other methods to attract and retain veterinarians and veterinary technicians.
The allocation in this clause is onetime.
new text end

Sec. 11. new text begin REVISOR INSTRUCTION.
new text end

new text begin Except as provided in article 3, section 2, the revisor of statutes must change the terms
"Board of Animal Health" or "board" to "Companion Animal Board" and make any
corresponding changes in Minnesota Statutes, sections 346.55, 346.58, 347.31 to 347.40,
and 347.57 to 347.65.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
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, 2023.
new text end

ARTICLE 2

COMPANION ANIMAL PLATES

Section 1.

new text begin [168.1283] COMPANION ANIMAL PLATES.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance. new text end

new text begin The commissioner must issue special Minnesota companion
animal plates or a single motorcycle plate to an applicant who:
new text end

new text begin (1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational vehicle;
new text end

new text begin (2) pays a fee in the amount specified under section 168.12, subdivision 5, for each set
of plates, along with any other fees required by this chapter;
new text end

new text begin (3) pays the registration tax as required under section 168.013;
new text end

new text begin (4) contributes at least $30 annually to the Companion Animal Board; and
new text end

new text begin (5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
new text end

new text begin Subd. 2. new text end

new text begin Design. new text end

new text begin In consultation with the Companion Animal Board, the commissioner
must adopt a suitable plate design for the companion animal plate.
new text end

new text begin Subd. 3. new text end

new text begin Plates transfer. new text end

new text begin On application to the commissioner and payment of a transfer
fee of $5, special plates may be transferred to another qualified motor vehicle that is
registered to the same individual to whom the special plates were originally issued.
new text end

new text begin Subd. 4. new text end

new text begin Contributions; companion animal account. new text end

new text begin Contributions collected under
subdivision 1, clause (4), must be deposited in the companion animal account established
under section 346.65.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin Special plates issued under this section are not subject to section
168.1293, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2022, section 35.02, subdivision 1, is amended to read:

Subdivision 1.

Members; officers.

The board has six members appointed by the governor
with the advice and consent of the senate, four of whom are producers of livestock in the
state and at least one of the four livestock producers is also a member of a federally
recognized Tribe located in Minnesota, 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, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 347.58, subdivision 4, is amended to read:

Subd. 4.

Veterinary protocol.

(a) A commercial breeder must establish and maintain
a written protocol for disease control and prevention, euthanasia, and veterinary care of
animals at each facility. The initial protocol must be developed under the direction and
supervision of new text begin the Companion Animal Board with oversight from a veterinarian employed
by new text end the new text begin Companion Animal new text end Board. A commercial breeder must maintain a written protocol
that is updated at least every 12 months and that is signed and dated by the new text begin Companion
Animal new text end Board or by a veterinarian along with the commercial breeder. The written protocol
must be available to the new text begin Companion Animal new text end Board upon request or at the time of inspection. new text begin
The Companion Animal Board must provide a copy of each veterinary protocol to the Board
of Animal Health. The Companion Animal Board must defer to the Board of Animal Health
on all matters related to the control and prevention of dangerous, reportable diseases,
including the initial protocol.
new text end

(b) An animal sold or otherwise distributed by a commercial breeder must be accompanied
by a veterinary health certificate completed by a veterinarian. The certificate must be
completed within 30 days prior to the sale or distribution and must indicate that the animal
is current with vaccinations and has no signs of infectious or contagious diseases. The
certificate accompanying an adult dog that was not spayed or neutered must indicate that
the dog has no signs of infectious or contagious diseases and was tested for canine brucellosis
with a test approved by the Board new text begin of Animal Health new text end and found to be negative. new text begin The
Companion Animal Board must immediately report and provide copies of all disease-related
testing, including canine brucellosis and other dangerous, reportable diseases, to the Board
of Animal Health.
new text end

new text begin EFFECTIVE DATE. new text end

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