SF 3109

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; certification for manure 
  1.3             testing laboratories; adding requirements for manure 
  1.4             storage structures; defining "animal unit"; requiring 
  1.5             a report on manure applicator training; expanding the 
  1.6             purposes of the value-added agricultural product loan 
  1.7             program; modifying requirements for environmental 
  1.8             review of proposed feedlots; providing for denial of 
  1.9             permits by the pollution control agency; requiring 
  1.10            notification and public meetings before conducting 
  1.11            feedlot inventories; requiring an update to feedlot 
  1.12            rules; establishing a voluntary rural dispute 
  1.13            resolution procedure; modifying provisions relative to 
  1.14            animal cruelty; providing alternatives for animal 
  1.15            disposal; amending Minnesota Statutes 1996, sections 
  1.16            18C.141; 35.82, subdivision 2; 41B.046, subdivision 1; 
  1.17            116.07, by adding a subdivision; 116D.04, subdivision 
  1.18            2a; 343.24; 343.40, subdivision 2; 346.38, subdivision 
  1.19            4; Minnesota Statutes 1997 Supplement, section 116.07, 
  1.20            subdivision 7; Laws 1986, chapter 398, article 1, 
  1.21            section 18, as amended; proposing coding for new law 
  1.22            in Minnesota Statutes, chapters 116; and 583; 
  1.23            repealing Minnesota Statutes 1996, section 41B.046, 
  1.24            subdivision 4a. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                              FEEDLOTS
  1.28     Section 1.  Minnesota Statutes 1996, section 18C.141, is 
  1.29  amended to read: 
  1.30     18C.141 [SOIL AND MANURE TESTING LABORATORY CERTIFICATION.] 
  1.31     Subdivision 1.  [PROGRAM ESTABLISHMENT.] The commissioner 
  1.32  shall establish a program to certify the accuracy of analyses 
  1.33  from soil and manure testing laboratories and promote 
  1.34  standardization of soil and manure testing procedures and 
  1.35  analytical results.  
  2.1      Subd. 2.  [CHECK SAMPLE SYSTEM.] (a) The commissioner shall 
  2.2   institute a system of check samples that requires a laboratory 
  2.3   to be certified to analyze at least four two multiple soil or 
  2.4   manure check samples during the calendar year.  The samples must 
  2.5   be supplied by the commissioner or by a person under contract 
  2.6   with the commissioner to prepare and distribute the samples.  
  2.7      (b) Within 30 days after the laboratory receives check 
  2.8   samples, the laboratory shall report to the commissioner the 
  2.9   results of the analyses for all requested elements or compounds 
  2.10  or for the elements or compounds the laboratory makes an 
  2.11  analytical determination of as a service to others.  
  2.12     (c) The commissioner shall compile analytical data 
  2.13  submitted by laboratories and provide laboratories submitting 
  2.14  samples with a copy of the data without laboratory names or code 
  2.15  numbers. 
  2.16     (d) The commissioner may conduct check samples on 
  2.17  laboratories that are not certified. 
  2.18     Subd. 3.  [ANALYSES REPORTING STANDARDS.] (a) The results 
  2.19  obtained from soil, manure, or plant analysis must be reported 
  2.20  in accordance with standard reporting units established by the 
  2.21  commissioner by rule.  The standard reporting units must conform 
  2.22  as far as practical to uniform standards that are adopted on a 
  2.23  regional or national basis. 
  2.24     (b) If a certified laboratory offers a recommendation, the 
  2.25  University of Minnesota recommendation or that of another land 
  2.26  grant college in a contiguous state must be offered in addition 
  2.27  to other recommendations, and the source of the recommendation 
  2.28  must be identified on the recommendation form.  If relative 
  2.29  levels such as low, medium, or high are presented to classify 
  2.30  the analytical results, the corresponding relative levels based 
  2.31  on the analysis as designated by the University of Minnesota or 
  2.32  the land grant college in a contiguous state must also be 
  2.33  presented. 
  2.34     Subd. 4.  [REVOCATION OF CERTIFICATION.] If the 
  2.35  commissioner determines that analysis being performed by a 
  2.36  laboratory is inaccurate as evidenced by check sample results, 
  3.1   the commissioner may deny, suspend, or revoke certification. 
  3.2      Subd. 5.  [CERTIFICATION FEES.] (a) A laboratory applying 
  3.3   for certification shall pay an application fee of $100 and a 
  3.4   certification fee of $100 before the certification is issued.  
  3.5      (b) Certification is valid for one year and the renewal fee 
  3.6   is $100.  The commissioner shall charge an additional 
  3.7   application fee of $100 if a certified laboratory allows 
  3.8   certification to lapse before applying for renewed certification.
  3.9      (c) The commissioner shall notify a certified lab that its 
  3.10  certification lapses within 30 to 60 days of the date when the 
  3.11  certification lapses. 
  3.12     Subd. 6.  [RULES.] The commissioner shall adopt rules for 
  3.13  the establishment of minimum standards for laboratories, 
  3.14  equipment, procedures, and personnel used in soil and manure 
  3.15  analysis and rules necessary to administer and enforce this 
  3.16  section.  The commissioner shall consult with representatives of 
  3.17  the fertilizer industry, representatives of the laboratories 
  3.18  doing business in this state, and with the University of 
  3.19  Minnesota college of agriculture before proposing rules. 
  3.20     Sec. 2.  Minnesota Statutes 1996, section 41B.046, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  3.23     (1) "Agricultural commodity" has the meaning given in 
  3.24  section 17.90. 
  3.25     (2) "Agricultural product processing facility" means land, 
  3.26  buildings, structures, fixtures, and improvements located or to 
  3.27  be located in Minnesota and used or operated primarily for the 
  3.28  processing or production of marketable products from 
  3.29  agricultural commodities or agricultural energy resources, 
  3.30  including waste and residues from agricultural commodities, but, 
  3.31  except as provided in subdivision 4a, not including livestock or 
  3.32  livestock products, poultry or poultry products, or wood or wood 
  3.33  products. 
  3.34     (3) "Value-added agricultural product" means a product 
  3.35  derived from agricultural commodities or agricultural energy 
  3.36  resources, including waste and residues from agricultural 
  4.1   commodities, but, except as provided in subdivision 4a, not 
  4.2   including livestock or livestock products, poultry or poultry 
  4.3   products, or wood or wood products, which are processed by an 
  4.4   agricultural product processing facility. 
  4.5      (4) "Agricultural energy resources" means energy products 
  4.6   and resources available on and around agricultural land 
  4.7   including wind, solar, and biomass energy. 
  4.8      (5) "Farm-generated wind energy production facility" means 
  4.9   a wind energy conversion facility for the generation of 
  4.10  electricity and its support structure, base, switch gear, and 
  4.11  associated equipment installed on agricultural land. 
  4.12     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  4.13  116.07, subdivision 7, is amended to read: 
  4.14     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  4.15  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  4.16  with approval of the pollution control agency, assume 
  4.17  responsibility for processing applications for permits required 
  4.18  by the pollution control agency under this section for livestock 
  4.19  feedlots, poultry lots or other animal lots.  The responsibility 
  4.20  for permit application processing, if assumed by a county, may 
  4.21  be delegated by the county board to any appropriate county 
  4.22  officer or employee.  
  4.23     (a) For the purposes of this subdivision, the term 
  4.24  "processing" includes: 
  4.25     (1) the distribution to applicants of forms provided by the 
  4.26  pollution control agency; 
  4.27     (2) the receipt and examination of completed application 
  4.28  forms, and the certification, in writing, to the pollution 
  4.29  control agency either that the animal lot facility for which a 
  4.30  permit is sought by an applicant will comply with applicable 
  4.31  rules and standards, or, if the facility will not comply, the 
  4.32  respects in which a variance would be required for the issuance 
  4.33  of a permit; and 
  4.34     (3) rendering to applicants, upon request, assistance 
  4.35  necessary for the proper completion of an application. 
  4.36     (b) For the purposes of this subdivision, the term 
  5.1   "processing" may include, at the option of the county board, 
  5.2   issuing, denying, modifying, imposing conditions upon, or 
  5.3   revoking permits pursuant to the provisions of this section or 
  5.4   rules promulgated pursuant to it, subject to review, suspension, 
  5.5   and reversal by the pollution control agency.  The pollution 
  5.6   control agency shall, after written notification, have 15 days 
  5.7   to review, suspend, modify, or reverse the issuance of the 
  5.8   permit.  After this period, the action of the county board is 
  5.9   final, subject to appeal as provided in chapter 14. 
  5.10     (c) For the purpose of administration of rules adopted 
  5.11  under this subdivision, the commissioner and the agency may 
  5.12  provide exceptions for cases where the owner of a feedlot has 
  5.13  specific written plans to close the feedlot within five years.  
  5.14  These exceptions include waiving requirements for major capital 
  5.15  improvements. 
  5.16     (d) For purposes of this subdivision, a discharge caused by 
  5.17  an extraordinary natural event such as a precipitation event of 
  5.18  greater magnitude than the 25-year, 24-hour event, tornado, or 
  5.19  flood in excess of the 100-year flood is not a "direct discharge 
  5.20  of pollutants." 
  5.21     (e) In adopting and enforcing rules under this subdivision, 
  5.22  the commissioner shall cooperate closely with other governmental 
  5.23  agencies. 
  5.24     (f) The pollution control agency shall work with the 
  5.25  Minnesota extension service, the department of agriculture, the 
  5.26  board of water and soil resources, producer groups, local units 
  5.27  of government, as well as with appropriate federal agencies such 
  5.28  as the Soil Natural Resources Conservation Service and the 
  5.29  Agricultural Stabilization and Conservation Service Farm Service 
  5.30  Agency, to notify and educate producers of rules under this 
  5.31  subdivision at the time the rules are being developed and 
  5.32  adopted and at least every two years thereafter. 
  5.33     (g) The pollution control agency shall adopt rules 
  5.34  governing the issuance and denial of permits for livestock 
  5.35  feedlots, poultry lots or other animal lots pursuant to this 
  5.36  section.  A feedlot permit is not required for livestock 
  6.1   feedlots with more than ten but less than 50 animal units; 
  6.2   provided they are not in shoreland areas.  These rules apply 
  6.3   both to permits issued by counties and to permits issued by the 
  6.4   pollution control agency directly.  
  6.5      (h) The pollution control agency shall exercise supervising 
  6.6   authority with respect to the processing of animal lot permit 
  6.7   applications by a county. 
  6.8      (i) After May 17, 1997, any new rules or amendments to 
  6.9   existing rules proposed under the authority granted in this 
  6.10  subdivision, must be submitted to the members of legislative 
  6.11  policy committees with jurisdiction over agriculture and the 
  6.12  environment prior to final adoption.  The rules must not become 
  6.13  effective until 90 days after the proposed rules are submitted 
  6.14  to the members.  
  6.15     (j) Any plans for a liquid manure storage structure must be 
  6.16  prepared or approved by a registered professional engineer or a 
  6.17  United States Department of Agriculture, Natural Resources 
  6.18  Conservation Service employee. 
  6.19     (k) For the purposes of this subdivision, "animal unit"  
  6.20  means a unit of measure used to compare differences in the 
  6.21  production of animal manure that employs as a standard the 
  6.22  amount of manure produced on a regular basis by a slaughter 
  6.23  steer or heifer.  The following equivalents apply: 
  6.24     (1) one mature dairy cow, 1.4 animal units; 
  6.25     (2) one slaughter steer or heifer, 1.0 animal units; 
  6.26     (3) one horse, 1.0 animal units; 
  6.27     (4) one mature breeding swine, 0.4 animal units; 
  6.28     (5) one market swine more than 55 pounds, 0.2 animal units; 
  6.29     (6) one swine less than 55 pounds, 0.03 animal units; 
  6.30     (7) one sheep, 0.1 animal units; 
  6.31     (8) one turkey, 0.018 animal units; 
  6.32     (9) one duck, 0.01 animal units; and 
  6.33     (10) one chicken, 0.005 animal units. 
  6.34     For animals not listed in clauses (1) to (10), the number 
  6.35  of animal units must be calculated as the average weight of the 
  6.36  animal divided by 1,000 pounds. 
  7.1      Sec. 4.  Minnesota Statutes 1996, section 116.07, is 
  7.2   amended by adding a subdivision to read: 
  7.3      Subd. 7b.  [FEEDLOT INVENTORY NOTIFICATION AND PUBLIC 
  7.4   MEETING REQUIREMENTS.] (a) Any state agency or local government 
  7.5   unit conducting an inventory or survey of livestock feedlots 
  7.6   under its jurisdiction must publicize notice of the inventory in 
  7.7   a newspaper of general circulation in the affected area and in 
  7.8   other media as appropriate.  The notice must state the dates the 
  7.9   inventory will be conducted, the information that will be 
  7.10  requested in the inventory, and how the information collected 
  7.11  will be provided to the public.  The notice must also specify 
  7.12  the date for a public meeting to provide information regarding 
  7.13  the inventory. 
  7.14     (b) Any state agency or local government unit conducting an 
  7.15  inventory or survey of livestock feedlots under its jurisdiction 
  7.16  must hold at least one public meeting in each county included in 
  7.17  the inventory.  The public meeting must provide information 
  7.18  concerning the dates the inventory will be conducted, the 
  7.19  procedure the agency or local unit of government will use to 
  7.20  request the information to be included in the inventory, and how 
  7.21  the information collected will be provided to the public. 
  7.22     Sec. 5.  [116.0714] [DENIAL OF PERMIT APPLICATIONS.] 
  7.23     (a) The commissioner may reject an application for a permit 
  7.24  filed with the commissioner upon making a specific finding that: 
  7.25     (1) the applicant is unsuited or unqualified to perform the 
  7.26  obligations of a permit holder based upon a finding that the 
  7.27  applicant or any officer, director, partner, or resident general 
  7.28  manager of the facility for which application has been made: 
  7.29     (i) has misrepresented a material fact in applying for a 
  7.30  permit; 
  7.31     (ii) has willfully violated environmental laws of any state 
  7.32  or the United States in a manner that has caused significant and 
  7.33  material environmental damage; 
  7.34     (iii) has had any permit revoked under the environmental 
  7.35  laws of any state or the United States; or 
  7.36     (iv) has otherwise demonstrated through previous actions 
  8.1   that the applicant lacks competency to reliably carry out the 
  8.2   obligations imposed by law upon the permit holder; or 
  8.3      (2) the application substantially duplicates an application 
  8.4   by the same applicant denied within the past five years, which 
  8.5   denial has not been reversed by a court of competent 
  8.6   jurisdiction.  Nothing in this section prohibits an applicant 
  8.7   from submitting a new application for a permit previously denied 
  8.8   if the new application represents a good faith attempt by the 
  8.9   applicant to correct the deficiencies that served as the basis 
  8.10  for the denial in the original application.  
  8.11     (b) All applications filed with the commissioner must 
  8.12  include a certification, sworn to under oath and signed by the 
  8.13  applicant, that the applicant is not disqualified by reason of 
  8.14  this section from obtaining a permit.  In the absence of 
  8.15  evidence to the contrary, that certification constitutes a prima 
  8.16  facie showing of the suitability and qualification of the 
  8.17  applicant.  If at any point in the application review, 
  8.18  recommendation, or hearing process, the commissioner finds the 
  8.19  applicant has made any material misrepresentation of fact in 
  8.20  regard to this certification, consideration of the application 
  8.21  may be suspended and the application may be rejected under this 
  8.22  section. 
  8.23     (c) Rejection of an application under this section 
  8.24  constitutes final agency action upon that application and may be 
  8.25  appealed to a district court as provided for in statute. 
  8.26     Sec. 6.  Minnesota Statutes 1996, section 116D.04, 
  8.27  subdivision 2a, is amended to read: 
  8.28     Subd. 2a.  Where there is potential for significant 
  8.29  environmental effects resulting from any major governmental 
  8.30  action, the action shall be preceded by a detailed environmental 
  8.31  impact statement prepared by the responsible governmental unit.  
  8.32  The environmental impact statement shall be an analytical rather 
  8.33  than an encyclopedic document which describes the proposed 
  8.34  action in detail, analyzes its significant environmental 
  8.35  impacts, discusses appropriate alternatives to the proposed 
  8.36  action and their impacts, and explores methods by which adverse 
  9.1   environmental impacts of an action could be mitigated.  The 
  9.2   environmental impact statement shall also analyze those 
  9.3   economic, employment and sociological effects that cannot be 
  9.4   avoided should the action be implemented.  To ensure its use in 
  9.5   the decision making process, the environmental impact statement 
  9.6   shall be prepared as early as practical in the formulation of an 
  9.7   action.  
  9.8      (a) The board shall by rule establish categories of actions 
  9.9   for which environmental impact statements and for which 
  9.10  environmental assessment worksheets shall be prepared as well as 
  9.11  categories of actions for which no environmental review is 
  9.12  required under this section.  Construction of an individual 
  9.13  feedlot facility on a separate site must be considered a 
  9.14  separate action for the purpose of determining whether 
  9.15  environmental review is required for the facility. 
  9.16     (b) The responsible governmental unit shall promptly 
  9.17  publish notice of the completion of an environmental assessment 
  9.18  worksheet in a manner to be determined by the board and shall 
  9.19  provide copies of the environmental assessment worksheet to the 
  9.20  board and its member agencies.  Comments on the need for an 
  9.21  environmental impact statement may be submitted to the 
  9.22  responsible governmental unit during a 30 day period following 
  9.23  publication of the notice that an environmental assessment 
  9.24  worksheet has been completed.  The responsible governmental 
  9.25  unit's decision on the need for an environmental impact 
  9.26  statement shall be based on the environmental assessment 
  9.27  worksheet and the comments received during the comment period, 
  9.28  and shall be made within 15 days after the close of the comment 
  9.29  period.  The board's chair may extend the 15 day period by not 
  9.30  more than 15 additional days upon the request of the responsible 
  9.31  governmental unit.  
  9.32     (c) An environmental assessment worksheet shall also be 
  9.33  prepared for a proposed action whenever material evidence 
  9.34  accompanying a petition by not less than 25 individuals, 
  9.35  submitted before the proposed project has received final 
  9.36  approval by the appropriate governmental units, demonstrates 
 10.1   that, because of the nature or location of a proposed action, 
 10.2   there may be potential for significant environmental effects.  A 
 10.3   petition submitted related to a proposed feedlot facility must 
 10.4   contain signatures of not less than 25 individuals who reside or 
 10.5   own property within:  (1) a ten-mile radius of the proposed 
 10.6   facility; or (2) the same watershed, as defined in section 
 10.7   103G.005, subdivision 17a, as the proposed facility.  Petitions 
 10.8   requesting the preparation of an environmental assessment 
 10.9   worksheet shall be submitted to the board.  The chair of the 
 10.10  board shall determine the appropriate responsible governmental 
 10.11  unit and forward the petition to it.  A decision on the need for 
 10.12  an environmental assessment worksheet shall be made by the 
 10.13  responsible governmental unit within 15 days after the petition 
 10.14  is received by the responsible governmental unit.  The board's 
 10.15  chair may extend the 15 day period by not more than 15 
 10.16  additional days upon request of the responsible governmental 
 10.17  unit.  
 10.18     (d) The board may, prior to final approval of a proposed 
 10.19  project, require preparation of an environmental assessment 
 10.20  worksheet by a responsible governmental unit selected by the 
 10.21  board for any action where environmental review under this 
 10.22  section has not been specifically provided for by rule or 
 10.23  otherwise initiated.  
 10.24     (e) An early and open process shall be utilized to limit 
 10.25  the scope of the environmental impact statement to a discussion 
 10.26  of those impacts, which, because of the nature or location of 
 10.27  the project, have the potential for significant environmental 
 10.28  effects.  The same process shall be utilized to determine the 
 10.29  form, content and level of detail of the statement as well as 
 10.30  the alternatives which are appropriate for consideration in the 
 10.31  statement.  In addition, the permits which will be required for 
 10.32  the proposed action shall be identified during the scoping 
 10.33  process.  Further, the process shall identify those permits for 
 10.34  which information will be developed concurrently with the 
 10.35  environmental impact statement.  The board shall provide in its 
 10.36  rules for the expeditious completion of the scoping process.  
 11.1   The determinations reached in the process shall be incorporated 
 11.2   into the order requiring the preparation of an environmental 
 11.3   impact statement.  
 11.4      (f) Whenever practical, information needed by a 
 11.5   governmental unit for making final decisions on permits or other 
 11.6   actions required for a proposed project shall be developed in 
 11.7   conjunction with the preparation of an environmental impact 
 11.8   statement.  
 11.9      (g) An environmental impact statement shall be prepared and 
 11.10  its adequacy determined within 280 days after notice of its 
 11.11  preparation unless the time is extended by consent of the 
 11.12  parties or by the governor for good cause.  The responsible 
 11.13  governmental unit shall determine the adequacy of an 
 11.14  environmental impact statement, unless within 60 days after 
 11.15  notice is published that an environmental impact statement will 
 11.16  be prepared, the board chooses to determine the adequacy of an 
 11.17  environmental impact statement.  If an environmental impact 
 11.18  statement is found to be inadequate, the responsible 
 11.19  governmental unit shall have 60 days to prepare an adequate 
 11.20  environmental impact statement. 
 11.21     Sec. 7.  [REPORT ON MANURE APPLICATOR TRAINING AND 
 11.22  CERTIFICATION.] 
 11.23     The commissioner of agriculture shall conduct a study to 
 11.24  assess the need for and feasibility of a program for manure 
 11.25  applicator training and certification.  The study must analyze 
 11.26  and make recommendations regarding funding, program components 
 11.27  of manure applicator training, and likely participants in the 
 11.28  program.  The commissioner must submit a report to the members 
 11.29  of the senate and house policy committees with jurisdiction over 
 11.30  agriculture and the environment by January 20, 1999. 
 11.31     Sec. 8.  [FEEDLOT RULES.] 
 11.32     By November 1, 1998, the commissioner must submit a copy of 
 11.33  updated feedlot permit rules as prescribed in Minnesota 
 11.34  Statutes, section 116.07, subdivision 7, paragraph (i).  The 
 11.35  updated rules must become effective no later than February 28, 
 11.36  1999. 
 12.1      Sec. 9.  [PERMIT REQUIREMENTS.] 
 12.2      Until June 30, 2000, neither the pollution control agency 
 12.3   nor a county board may issue a permit for the construction of an 
 12.4   open-air clay, earthen, or flexible membrane lined swine waste 
 12.5   lagoon.  This section does not apply to repair of an existing 
 12.6   lagoon. 
 12.7      Sec. 10.  [REPEALER.] 
 12.8      (a) Minnesota Statutes 1996, section 41B.046, subdivision 
 12.9   4a, is repealed. 
 12.10     (b) Minnesota Statutes 1997 Supplement, section 116.07, 
 12.11  subdivision 7, clause (j), is repealed the first time any rules 
 12.12  referenced in Minnesota Statutes, section 116.07, subdivision 7, 
 12.13  clause (i), are adopted. 
 12.14     Sec. 11.  [EFFECTIVE DATE.] 
 12.15     Section 9 is effective the day following final enactment 
 12.16  and applies to new applications submitted after that date. 
 12.17                             ARTICLE 2
 12.18                   ALTERNATIVE DISPUTE RESOLUTION
 12.19     Section 1.  [583.311] [VOLUNTARY ALTERNATIVE DISPUTE 
 12.20  RESOLUTION.] 
 12.21     The administrator shall establish procedures and measures 
 12.22  to ensure maximum use of alternative dispute resolution under 
 12.23  this chapter for disputes in rural areas.  Referrals may be 
 12.24  accepted from courts, state agencies, local units of government, 
 12.25  or any party to a dispute involving rural land, regulation, 
 12.26  rural individuals, businesses, or property, or any matter 
 12.27  affecting rural quality of life.  The legislature encourages 
 12.28  state and federal agencies and governmental subdivisions to use 
 12.29  the services provided by the administrator under this chapter 
 12.30  and to cooperate fully when matters under this jurisdiction are 
 12.31  subjected to alternative dispute resolution methods.  The 
 12.32  administrator may set fees for participation in voluntary 
 12.33  procedures to pay all or part of the costs of providing such 
 12.34  services. 
 12.35     Sec. 2.  Laws 1986, chapter 398, article 1, section 18, as 
 12.36  amended by Laws 1987, chapter 292, section 37; Laws 1989, 
 13.1   chapter 350, article 16, section 8; Laws 1990, chapter 525, 
 13.2   section 1; Laws 1991, chapter 208, section 2; Laws 1993, First 
 13.3   Special Session chapter 2, article 6, section 2; Laws 1995, 
 13.4   chapter 212, article 2, section 11; and Laws 1997, chapter 183, 
 13.5   article 3, section 29, is amended to read: 
 13.6      Sec. 18.  [REPEALER.] 
 13.7      Sections 1 to 17 and Minnesota Statutes, section 336.9-501, 
 13.8   subsections (6) and (7), and sections 583.284, 583.285, 583.286, 
 13.9   and 583.305, are repealed on July 1, 1998 1999. 
 13.10                             ARTICLE 3
 13.11                            ANIMAL CARE
 13.12     Section 1.  Minnesota Statutes 1996, section 343.24, is 
 13.13  amended to read: 
 13.14     343.24 [CRUELTY IN TRANSPORTATION.] 
 13.15     Subdivision 1.  [PENALTY.] Any person who does any of the 
 13.16  following is guilty of a misdemeanor:  (a) Carries or causes to 
 13.17  be carried, any live animals upon any vehicle or otherwise, 
 13.18  without providing suitable racks, cars, crates, or cages in 
 13.19  which the animals can both stand and lie down during 
 13.20  transportation and while awaiting slaughter; (b) Except as 
 13.21  provided in subdivision 2, paragraph (a), carries or causes to 
 13.22  be carried, upon a vehicle or otherwise, any live animal having 
 13.23  feet or legs tied together, or in any other cruel or inhuman 
 13.24  inhumane manner; (c) Transports or detains livestock in cars or 
 13.25  compartments for more than 28 consecutive hours without 
 13.26  unloading the livestock in a humane manner into properly 
 13.27  equipped pens for rest, water, and feeding for a period of at 
 13.28  least five consecutive hours, unless requested to do so as 
 13.29  provided in subdivision 2, paragraph (b), or unless prevented by 
 13.30  storm or unavoidable causes which cannot be anticipated or 
 13.31  avoided by the exercise of due diligence and foresight; or (d) 
 13.32  Permits livestock to be crowded together without sufficient 
 13.33  space to stand, or so as to overlie, crush, wound, or kill each 
 13.34  other. 
 13.35     Subd. 2.  [EXCEPTION EXCEPTIONS.] (a) A person may carry or 
 13.36  cause to be carried, upon a vehicle or otherwise, a 
 14.1   cloven-hoofed animal having legs tied together, if: 
 14.2      (1) the person transporting the animal is the animal's 
 14.3   owner, or an employee or agent of the owner; 
 14.4      (2) the animal weighs 150 pounds or less; 
 14.5      (3) the animal is transported only on the owner's property 
 14.6   or over a public way from one point on the owner's property to 
 14.7   another point on the owner's property; 
 14.8      (4) the tying is done in a humane manner and is necessary 
 14.9   for the animal's safe transport; and 
 14.10     (5) the animal's legs are tied for no longer than one hour. 
 14.11     (b) A person or corporation engaged in transporting 
 14.12  livestock may confine livestock for 36 consecutive hours if the 
 14.13  owner or person with custody of that particular shipment of 
 14.14  livestock requests in writing that an extension be allowed.  
 14.15  That written request shall be separate from any printed bill of 
 14.16  lading or other railroad form.  
 14.17     Sec. 2.  Minnesota Statutes 1996, section 343.40, 
 14.18  subdivision 2, is amended to read: 
 14.19     Subd. 2.  [BUILDING SPECIFICATIONS.] The shelter shall 
 14.20  include a moistureproof and windproof structure of suitable size 
 14.21  to accommodate the dog and allow retention of body heat.  It 
 14.22  shall be made of durable material with a solid, moisture-proof 
 14.23  floor or a floor raised at least two inches from the ground and 
 14.24  with the entrance covered by a flexible windproof material or a 
 14.25  self-closing swinging door.  Between November 1 and March 31 the 
 14.26  structure must have a windbreak at the entrance.  The structure 
 14.27  shall be provided with a sufficient quantity of suitable bedding 
 14.28  material consisting of hay, straw, cedar shavings, blankets, or 
 14.29  the equivalent, to provide insulation and protection against 
 14.30  cold and dampness and promote retention of body heat. 
 14.31     Sec. 3.  Minnesota Statutes 1996, section 346.38, 
 14.32  subdivision 4, is amended to read: 
 14.33     Subd. 4.  [SHELTER.] Equines must be provided a minimum of 
 14.34  free choice protection or of constructed shelter from direct 
 14.35  rays of the sun when temperatures exceed 95 degrees Fahrenheit, 
 14.36  from wind, and from freezing precipitation adverse weather 
 15.1   conditions, including direct rays of the sun in extreme heat or 
 15.2   cold, wind, or precipitation.  Natural or constructed shelters 
 15.3   must be of sufficient size to provide the necessary protection.  
 15.4   Constructed shelters must be structurally sound, free of 
 15.5   injurious matter, maintained in good repair, and 
 15.6   ventilated.  Outside exercise paddocks for equines do not 
 15.7   require separate constructed shelter where a shelter is 
 15.8   accessible to the equine on adjacent or other accessible areas 
 15.9   of the property.  
 15.10                             ARTICLE 4
 15.11                          ANIMAL DISPOSAL
 15.12     Section 1.  Minnesota Statutes 1996, section 35.82, 
 15.13  subdivision 2, is amended to read: 
 15.14     Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
 15.15  provided in subdivision 1b and paragraph (d), every person 
 15.16  owning or controlling any domestic animal that has died or been 
 15.17  killed otherwise than by being slaughtered for human or animal 
 15.18  consumption, shall as soon as reasonably possible bury the 
 15.19  carcass at least three feet deep at a depth adequate to prevent 
 15.20  scavenging by other animals in the ground or thoroughly burn it 
 15.21  or dispose of it by another method approved by the board as 
 15.22  being effective for the protection of public health and the 
 15.23  control of livestock diseases.  The board, through its executive 
 15.24  secretary, may issue permits to owners of rendering plants 
 15.25  located in Minnesota which are operated and conducted as 
 15.26  required by law, to transport carcasses of domestic animals and 
 15.27  fowl that have died, or have been killed otherwise than by being 
 15.28  slaughtered for human or animal consumption, over the public 
 15.29  highways to their plants for rendering purposes in accordance 
 15.30  with the rules adopted by the board relative to transportation, 
 15.31  rendering, and other provisions the board considers necessary to 
 15.32  prevent the spread of disease.  The board may issue permits to 
 15.33  owners of rendering plants located in an adjacent state with 
 15.34  which a reciprocal agreement is in effect under subdivision 3. 
 15.35     (b) Carcasses collected by rendering plants under permit 
 15.36  may be used for pet food or mink food if the owner or operator 
 16.1   meets the requirements of subdivision 1b. 
 16.2      (c) An authorized employee or agent of the board may enter 
 16.3   private or public property and inspect the carcass of any 
 16.4   domestic animal that has died or has been killed other than by 
 16.5   being slaughtered for human or animal consumption.  Failure to 
 16.6   dispose of the carcass of any domestic animal within the period 
 16.7   specified by this subdivision is a public nuisance.  The board 
 16.8   may petition the district court of the county in which a carcass 
 16.9   is located for a writ requiring the abatement of the public 
 16.10  nuisance.  A civil action commenced under this paragraph does 
 16.11  not preclude a criminal prosecution under this section.  No 
 16.12  person may sell, offer to sell, give away, or convey along a 
 16.13  public road or on land the person does not own, the carcass of a 
 16.14  domestic animal when the animal died or was killed other than by 
 16.15  being slaughtered for human or animal consumption unless it is 
 16.16  done with a special permit pursuant to this section.  The 
 16.17  carcass or parts of a domestic animal that has died or has been 
 16.18  killed other than by being slaughtered for human or animal 
 16.19  consumption may be transported along a public road for a medical 
 16.20  or scientific purpose if the carcass is enclosed in a leakproof 
 16.21  container to prevent spillage or the dripping of liquid waste.  
 16.22  The board may adopt rules relative to the transportation of the 
 16.23  carcass of any domestic animal for a medical or scientific 
 16.24  purpose.  A carcass on a public thoroughfare may be transported 
 16.25  for burial or other disposition in accordance with this section. 
 16.26     No person who owns or controls diseased animals shall 
 16.27  negligently or willfully permit them to escape from that control 
 16.28  or to run at large. 
 16.29     (d) A sheep producer may compost sheep carcasses owned by 
 16.30  the producer on the producer's land without a permit and is 
 16.31  exempt from compost facility specifications contained in rules 
 16.32  of the board. 
 16.33     (e) The board shall develop best management practices for 
 16.34  dead animal disposal and the pollution control agency feedlot 
 16.35  program shall distribute them to livestock producers in the 
 16.36  state.