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SF 3481

as introduced - 91st Legislature (2019 - 2020) Posted on 03/03/2020 09:26am

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

Current Version - as introduced

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A bill for an act
relating to state government; establishing the Minnesota Companion Animal Board;
providing duties and responsibilities; transferring duties; requiring a report;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018,
sections 35.02, subdivision 1; 347.58, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapter 347.

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

ARTICLE 1

COMPANION ANIMAL BOARD

Section 1.

new text begin [347.66] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 347.66 to 347.72, the terms defined
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin 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: (i) accepts
animals into an animal-designated physical facility; (ii) is devoted to the rescue, care, and
adoption of stray, abandoned, unwanted, or surrendered animals; (iii) places animals in
permanent homes or with animal rescue organizations; and (iv) does not breed animals.
new text end

new text begin Subd. 3. 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. 4. new text end

new text begin Companion animal. new text end

new text begin "Companion animal" means a pet or companion animal
as defined in section 343.20, subdivision 6.
new text end

Sec. 2.

new text begin [347.67] COMPANION ANIMAL BOARD; PURPOSE.
new text end

new text begin (a) The board's purpose is to protect and promote the welfare, social well-being, and
physical and mental health of companion animals. The board must serve the broader
community, including the public, state government, local governments, nonprofit animal
welfare organizations, and those dedicated to promoting and serving the health and welfare
of companion animals through the administration and enforcement of sections 347.68 to
347.72.
new text end

new text begin (b) The board has primary authority for regulating companion animals in this state.
new text end

new text begin (c) Sections 347.67 to 347.72 do not apply to the care or treatment of an agricultural
animal or farm animal that is used for food, other farm or agricultural products, or other
agricultural uses.
new text end

Sec. 3.

new text begin [347.68] 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 Companion Animal Board is created to carry
out and enforce the purposes, powers, and duties of sections 347.67 to 347.72. The board
has 13 members appointed by the governor represented by the following companion animal
interests and experience:
new text end

new text begin (1) two members must be accredited, licensed veterinarians who practice veterinary
medicine in this state;
new text end

new text begin (2) one member must be a Minnesota animal control officer, as defined in section 343.20,
subdivision 5;
new text end

new text begin (3) one member must be employed by a Minnesota licensed animal shelter located in
the seven-county metropolitan area;
new text end

new text begin (4) one member must be employed by a Minnesota licensed animal shelter located in
greater Minnesota;
new text end

new text begin (5) one member must be from the College of Veterinary Medicine at the University of
Minnesota;
new text end

new text begin (6) one member must be a current board member for the past two years of a Minnesota
nonprofit animal rescue and re-homing organization qualifying as a nonprofit under section
501(c)(3) of the Internal Revenue Code;
new text end

new text begin (7) one member must be employed by the board of animal health;
new text end

new text begin (8) one member must be employed by a county or municipality representing community
needs and local governance;
new text end

new text begin (9) one member must represent public human health and welfare issues and the
relationship between companion animal and human health and welfare;
new text end

new text begin (10) one member must be a companion animal breeder; and
new text end

new text begin (11) two members must be at-large public members.
new text end

new text begin (b) Appointments to fill unexpired terms must be made from the classes to which the
retiring members belong. The board must elect a president and a vice-president from among
its members and a nonmember to be the board's executive director for a term of one year
and until a successor qualifies. The board must set the duties of the executive director.
new text end

new text begin (c) The board must meet at least quarterly. Officers must be elected each April.
new text end

new text begin Subd. 2. new text end

new text begin Terms; compensation; removal; vacancies. new text end

new text begin The membership terms,
compensation, removal of members, and filling of vacancies on the board are governed by
section 15.0575.
new text end

Sec. 4.

new text begin [347.69] DUTIES OF BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement. new text end

new text begin The board's enforcement duties include but are not limited
to:
new text end

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

new text begin (2) the licensing, enforcement, and inspection of commercial breeders under sections
347.57 to 347.64.
new text end

new text begin Subd. 2. new text end

new text begin Education and communication. new text end

new text begin The board's education and communication
duties include but are not limited to:
new text end

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

new text begin (2) providing expertise to state government and local governments on issues related to
companion animals; 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 The board must, at a minimum, provide the following
services and resources:
new text end

new text begin (1) assistance with companion animal emergency and disaster relief services;
new text end

new text begin (2) the collection, analysis, and dissemination of quantitative and qualitative data as it
relates to companion animals in Minnesota; and
new text end

new text begin (3) resources to Minnesota nonprofit animal welfare organizations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 5.

new text begin [347.70] AUTHORITY OF BOARD; REPORTS.
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 make rules necessary to carry
out the powers, duties, and responsibilities given to the board under sections 347.68 to
347.70.
new text end

new text begin Subd. 2. new text end

new text begin Advisory task force. new text end

new text begin The board may create an advisory task force under section
15.014 with a majority of members who have a working knowledge of companion animal
health and welfare issues.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin On or before November 1 of each year the board must publish and
make available an annual report.
new text end

new text begin Subd. 4. new text end

new text begin Certificates of veterinary inspection. new text end

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

Sec. 6.

new text begin [347.71] FUNDS RECEIVED FROM OTHER SOURCES; GIFTS.
new text end

new text begin The board may accept and use gifts, grants, or contributions from any source to support
the purposes of the board. The board may apply for and accept grants of money from the
United States, the state, a subdivision of the state, any foundation, or any person for any of
the board's purposes.
new text end

Sec. 7.

new text begin [347.72] COMPANION ANIMAL ACCOUNT; APPROPRIATION.
new text end

new text begin A companion animal account is created in the special revenue fund. All fees and penalties
collected by the board under this chapter or any money received by the board as gifts or
grants or other private or public funds obtained for the purposes of sections 347.68 to 347.71,
must be deposited in the state treasury and credited to the companion animal account in the
special revenue fund. Money in the account, including interest on the account, is annually
appropriated to the board to administer those sections.
new text end

Sec. 8. new text beginTRANSFER OF DUTIES.
new text end

new text begin The responsibility to administer the duties listed in clauses (1) and (2) are transferred
pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the
Companion Animal Board on January 1, 2021:
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 sections
347.57 to 347.64.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 9. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Board of Animal Health" or "board" to
"Companion Animal Board" wherever it appears in Minnesota Statutes, chapter 347, and
sections 346.55 and 346.58.
new text end

Sec. 10. new text beginRULEMAKING AUTHORITY.
new text end

new text begin The Companion Animal Board must amend Minnesota Rules, parts 1721.0490, subpart
3, and 1721.0520, to make conforming changes related to the transfer of duties under section
8. The Companion Animal Board may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 11. new text beginAPPROPRIATION; COMPANION ANIMAL BOARD.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the Companion Animal
Board for the purposes of carrying out the board's duties under Minnesota Statutes, chapter
347.
new text end

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective July 1, 2020.
new text end

ARTICLE 2

BOARD OF ANIMAL HEALTH CHANGES

Section 1.

Minnesota Statutes 2018, section 35.02, subdivision 1, is amended to read:


Subdivision 1.

Members; officers.

The board has five members appointed by the
governor with the advice and consent of the senate, three of whom are producers of livestock
in the state, and two of whom are practicing veterinarians licensed in Minnesota. The
commissioners of agriculture, natural resources, and health, the dean of the College of
Veterinary Medicine, new text beginthe executive director of the Companion Animal Board, new text endand 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, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, 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 the 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 board or by a veterinarian
along with the commercial breeder. The written protocol must be available to the board
upon request or at the time of inspection.new text begin The Companion Animal Board must consult with
the Board of Animal Health on matters related to disease control and prevention.
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 and found to be negative.new text begin The Companion Animal Board
must provide copies of any disease-related testing, including canine brucellosis and other
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 July 1, 2020.
new text end

Sec. 3. new text beginCOOPERATION WITH COMPANION ANIMAL BOARD.
new text end

new text begin The Board of Animal Health must cooperate with the Companion Animal Board in the
transference of duties under article 1, section 8. This cooperation must include providing
the Companion Animal Board with access to any documentation or record keeping:
new text end

new text begin (1) related to the duties being transferred from the Board of Animal Health to the
Companion Animal Board; and
new text end

new text begin (2) collected and maintained by the Board of Animal Health relating to companion
animals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end