SF 3728

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to control of bovine tuberculosis; providing for the buyout of certain
cattle; providing fencing cost-share assistance to certain cattle producers;
modifying restrictions and penalties for wildlife feeding in certain areas;
appropriating money; amending Minnesota Statutes 2006, section 97A.045,
subdivision 11; Minnesota Statutes 2007 Supplement, section 35.244; proposing
coding for new law in Minnesota Statutes, chapter 35.

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

Section 1.

new text begin [35.086] BOVINE TUBERCULOSIS MANAGEMENT ZONE;
RESTRICTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Bovine tuberculosis management zone" means the area within the ten-mile
radius around the five presumptive tuberculosis-positive deer sampled during the fall
2006 hunter-harvested surveillance effort.
new text end

new text begin (c) "Located within" means that the herd is kept in the area for at least a part of
the year.
new text end

new text begin Subd. 2. new text end

new text begin Cattle herd buyout. new text end

new text begin (a) The board shall offer a herd buyout payment
to cattle owners with existing cattle that are located within the bovine tuberculosis
management zone. The payment shall be $500 per animal. By September 1, 2008,
the cattle owner must accept or decline the offer for herd buyout payments under this
subdivision. A cattle owner receiving payment under this section must sign a contract
with the board that provides:
new text end

new text begin (1) all cattle located within the bovine tuberculosis management zone will be
slaughtered by December 31, 2008;
new text end

new text begin (2) the cattle owner will not have or allow any cattle to be located within the bovine
tuberculosis management zone, unless authorized by the board; and
new text end

new text begin (3) the cattle owner who violates a condition under this subdivision must repay all
payments received under this section and be subject to penalties for violations under
this chapter.
new text end

new text begin (b) After the effective date of this section, cattle shall not be moved into the bovine
tuberculosis management zone, unless authorized by the board.
new text end

new text begin (c) Prior to making any payments under this subdivision, the board shall verify all
cattle for which a contract has been signed under this subdivision have been slaughtered.
new text end

new text begin (d) In addition to the herd buyout payment under paragraph (a), a cattle owner who
signs a contract under paragraph (a) shall receive an annual payment of $75 for each
animal slaughtered. The board shall make the first annual payment by June 30, 2009, and
make annual payments by June 30 each year thereafter until the area receives a bovine
tuberculosis-free status and the owner is authorized by the board to have cattle located
within the bovine tuberculosis management zone.
new text end

new text begin Subd. 3. new text end

new text begin Cattle herds remaining in the zone. new text end

new text begin The board shall conduct a
risk assessment for cattle that continue to be located within the bovine tuberculosis
management zone after December 31, 2008. If the board determines that cattle herds that
continue to be located within the bovine tuberculosis management zone present a risk of
cattle and deer interaction, the board shall require the owner of the cattle to keep all cattle
in a manner that does not allow cattle and deer interface. The board may also require that
any stored forage crops located within the bovine tuberculosis management zone are kept
in a manner that does not allow deer access. The board shall offer cost-share assistance for
fencing under subdivision 4 to a person who is required to:
new text end

new text begin (1) keep cattle in a manner that does not allow cattle and deer interface; or
new text end

new text begin (2) keep stored forage crops in a manner that does not allow deer access.
new text end

new text begin Subd. 4. new text end

new text begin Cost-share assistance for fencing. new text end

new text begin (a) The board shall provide cost-share
assistance to persons for fencing cattle and stored forage crops in areas where the board
determines that there is an unacceptable risk of transmitting bovine tuberculosis to deer.
The cost-share payments shall be 90 percent of the cost of an approved fence up to
$75,000. The payments under this subdivision shall be on a reimbursement basis and
paid by the board after the board determines that the fence is built to the specifications
required by the board.
new text end

new text begin (b) The board shall establish specifications for fences that qualify for cost-share
assistance under this subdivision and provide cattle owners with a list of approved fencing
contractors. The fencing must be constructed and maintained by an approved fencing
contractor, the landowner, or the tenant.
new text end

new text begin (c) The board shall periodically inspect fences for which cost-share assistance has
been received under this subdivision. If the board determines that a fence for which
cost-share assistance has been received is not being maintained or used properly, the
board may:
new text end

new text begin (1) order that the fence be repaired or used properly; or
new text end

new text begin (2) place the herd under quarantine and require repayment to the board of any
cost-share assistance received by the person.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:

35.244 deleted text begin RULES FOR deleted text end CONTROL OF BOVINE TUBERCULOSIS.

new text begin Subdivision 1. new text end

new text begin Designation of zones. new text end

new text begin The board has the authority to control
tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and
between tuberculosis zones in the state. Zones within the state may be designated
as accreditation preparatory, modified accredited, modified accredited advanced, or
accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77.
The board may designate tuberculosis zones that contain not more than 300 herds.
new text end

new text begin Subd. 2. new text end

new text begin Control within modified accredited zone. new text end

new text begin In a modified accredited
zone, the board has the authority to:
new text end

new text begin (1) require owners of cattle, bison, goats, or farmed cervidae to report personal
contact information and location of livestock to the board;
new text end

new text begin (2) require a permit or movement certificates for all cattle, bison, goats, and farmed
cervidae moving between premises within the zone or leaving or entering the zone;
new text end

new text begin (3) require official identification of all cattle, bison, goats, and farmed cervidae
within the zone or leaving or entering the zone;
new text end

new text begin (4) require a negative tuberculosis test within 60 days prior to movement for any
individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of
cattle moving under permit directly to a slaughter facility under state or federal inspection;
new text end

new text begin (5) require a whole-herd tuberculosis test within 12 months prior to moving breeding
cattle out of the zone;
new text end

new text begin (6) require annual herd inventories on all cattle, bison, goats, or farmed cervidae
herds; and
new text end

new text begin (7) require that a risk assessment be performed to evaluate the interaction of
free-ranging deer with cattle, bison, goats, and farmed cervidae herds and require the
owner to implement the recommendations of the risk assessment.
new text end

new text begin Subd. 3. new text end

new text begin Authority to adopt rules. new text end

The board may adopt rules to provide for the
control of tuberculosis in cattle. The rules may include provisions for quarantine, tests,
and such other measures as the board deems appropriate. Federal regulations, as provided
by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication
Uniform Methods and Rules, are incorporated as part of the rules in this state.

Sec. 3.

Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) The commissioner shall restrict wildlife feeding within a deleted text begin 15-mile deleted text end new text begin 30-mile new text end radius
of a cattle herd that is infected with bovine tuberculosis. new text begin In addition to any other penalties
provided by law, a person who violates a law restricting wildlife feeding within a bovine
tuberculosis management zone may not obtain a hunting license to take a wild animal
for two years after the date of conviction.
new text end

(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.

Sec. 4. new text begin BOVINE TUBERCULOSIS CONTROL; TEMPORARY ASSESSMENT;
APPROPRIATION.
new text end

new text begin (a) From January 1, 2009, to December 31, 2009, the commissioner of agriculture
shall collect a bovine tuberculosis control assessment of $1 for each head of cattle sold
from the first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8,
paragraph (a). Money collected under this section shall be deposited in an account in
the special revenue fund and is appropriated to the Board of Animal Health for bovine
tuberculosis control activities.
new text end

new text begin (b) A cattle owner located in a modified accredited zone established under Minnesota
Statutes, section 35.244, may receive a refund of the assessment under paragraph (a) after
application to the commissioner of agriculture.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin (a) $472,000 in fiscal year 2008, and $2,252,000 in fiscal year 2009 from the general
fund are appropriated to the Board of Animal Health for monitoring, testing, eradication,
education and outreach, other activities the board is required to undertake to comply
with federal regulations concerning cattle, bison, and farmed cervidae under a USDA
modified accredited status, and annual payments under new Minnesota Statutes, section
35.086. $80,000 of this appropriation in fiscal year 2009 is for a grant to the North Central
Research Center at Grand Rapids to develop best management practices to control bovine
tuberculosis. The appropriation for fiscal year 2009 is added to the base.
new text end

new text begin (b) $3,500,000 in fiscal year 2008 from the general fund is appropriated to the Board
of Animal Health for payments to cattle owners who remove cattle herds that are located
within the bovine tuberculosis management zone and fencing cost-share assistance under
new Minnesota Statutes, section 35.086. $150,000 of this appropriation is for a grant to
the North Central Research Center at Grand Rapids to develop best management practices
to control bovine tuberculosis. This is a onetime appropriation and is available until spent.
new text end

new text begin (c) If an appropriation for the same purpose is enacted in 2008 S.F. No. 3813, article
12, section 4, or its house companion, the comparable appropriation in this section is void.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3, and 5 are effective the day following final enactment.
new text end