Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 380-S.F.No. 1057 
           An act relating to public administration; providing 
          for joint local government funding for certain library 
          construction; regulating disposition of certain 
          animals for research purposes; regulating and 
          licensing the dealing of dogs and cats; requesting 
          University of Minnesota to conduct certain studies; 
          providing for fees; providing penalties; authorizing 
          levies; appropriating money; amending Minnesota 
          Statutes 1986, sections 275.50, subdivision 5; 347.31; 
          347.32; 347.33; 347.34; 347.35; 347.37; 347.38; 
          347.39; and 347.40; proposing coding for new law in 
          Minnesota Statutes, chapters 134 and 346. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 
    Section 1.  [STUDY.] 
    The University of Minnesota is requested to study the 
feasibility of establishing a center for alternative methods to 
animal testing.  The overall purpose of a center would be to 
encourage the development of alternative methods for toxicity 
testing and other experimentation on animals.  
    Sec. 2.  [POTENTIAL ACTIVITIES.] 
    In its study, the university shall consider the following 
possible functions for the center:  
    (1) facilitating acquisition of federal funding for 
research in alternative methods; 
    (2) coordinating and facilitating development of private 
support for research on alternative methods at the university; 
    (3) serving as a liaison with the public and the press 
concerning animal research and alternative methods; 
    (4) coordinating a seminar program and otherwise fostering 
and enhancing interest in alternative methods at the university; 
and 
    (5) evaluating proposals for seed funds for promising 
research in alternative methods and allocating the funds if they 
become available. 
    Sec. 3.  [REPORT.] 
    The university shall report its findings and 
recommendations to the education committee of the senate, higher 
education committee of the house of representatives and the 
appropriations and finance committees of the legislature by 
January 1, 1988. 
    Sec. 4.  [MEDIATION STUDY.] 
    The legislature finds that an unbiased study is needed to 
analyze the effectiveness of mediation in resolving issues 
relating to child custody, child support, maintenance, and the 
division of property in marriage dissolution cases.  The center 
for urban and regional affairs conflict and change project of 
the University of Minnesota is an appropriate agency for 
conducting a study of this nature.  Because of the 
unavailability of state funding, the center is encouraged to 
seek funding from other sources for the purpose of studying the 
effectiveness of mediation in marriage dissolution cases and 
report its findings to the judiciary committees of the senate 
and house of representatives by January 1, 1989. 

                               ARTICLE 2 
LIBRARY CONSTRUCTION
    Section 1.  [134.41] [LIBRARY CONSTRUCTION; JOINT 
FINANCING.] 
    Subdivision 1.  [LOCAL GOVERNMENT UNIT DEFINED.] For 
purposes of this section, the term "local government unit" means 
a home rule charter or statutory city, county, or town. 
    Subd. 2.  [POWERS.] A local government unit may agree with 
other local government units to subject taxable property within 
their boundaries to taxation to discharge debt incurred for the 
construction of a library and related facilities.  The portion 
of the debt to be discharged by taxation in each unit must be 
set by agreement.  A unit may also agree to discharge a portion 
of the costs of construction or debt incurred for the costs by a 
transfer of money available to the unit that the unit is not 
obliged by law to use for some other purpose.  A proposed 
agreement that has a town as a party must be approved at the 
town's annual meeting by the electors before the agreement is 
effective.  Obligations for the purpose may be issued jointly by 
the agreeing units without an election and are not subject to 
the general limit on net debt in any unit.  In other respects, 
the debt must be incurred and discharged in accordance with 
Minnesota Statutes, chapter 475. 
    Sec. 2.  Minnesota Statutes 1986, section 275.50, 
subdivision 5, is amended to read: 
    Subd. 5.  Notwithstanding any other law to the contrary for 
taxes levied in 1983 payable in 1984 and subsequent years, 
"special levies" means those portions of ad valorem taxes levied 
by governmental subdivisions to: 
    (a) satisfy judgments rendered against the governmental 
subdivision by a court of competent jurisdiction in any tort 
action, or to pay the costs of settlements out of court against 
the governmental subdivision in a tort action when substantiated 
by a stipulation for the dismissal of the action filed with the 
court of competent jurisdiction and signed by both the plaintiff 
and the legal representative of the governmental subdivision, 
but only to the extent of the increase in levy for such 
judgments and out of court settlements over levy year 1970, 
taxes payable in 1971; 
    (b) pay the costs of complying with any written lawful 
order initially issued prior to January 1, 1977 by the state of 
Minnesota, or the United States, or any agency or subdivision 
thereof, which is authorized by law, statute, special act or 
ordinance and is enforceable in a court of competent 
jurisdiction, or any stipulation agreement or permit for 
treatment works or disposal system for pollution abatement in 
lieu of a lawful order signed by the governmental subdivision 
and the state of Minnesota, or the United States, or any agency 
or subdivision thereof which is enforceable in a court of 
competent jurisdiction.  The commissioner of revenue shall in 
consultation with other state departments and agencies, develop 
a suggested form for use by the state of Minnesota, its agencies 
and subdivisions in issuing orders pursuant to this subdivision; 
        (c) pay the costs to a governmental subdivision for their 
minimum required share of any program otherwise authorized by 
law for which matching funds have been appropriated by the state 
of Minnesota or the United States, excluding the administrative 
costs of public assistance programs, to the extent of the 
increase in levy over the amount levied for the local share of 
the program for the taxes payable year 1971.  This clause shall 
apply only to those programs or projects for which matching 
funds have been designated by the state of Minnesota or the 
United States on or before September 1, of the previous year and 
only when the receipt of these matching funds is contingent upon 
the initiation or implementation of the project or program 
during the year in which the taxes are payable or those programs 
or projects approved by the commissioner; 
        (d) pay the costs not reimbursed by the state or federal 
government, of payments made to or on behalf of recipients of 
aid under any public assistance program authorized by law, and 
the costs of purchase or delivery of social services.  Except 
for the costs of general assistance as defined in section 
256D.02, subdivision 4, general assistance medical care under 
section 256D.03 and the costs of hospital care pursuant to 
section 261.21, the aggregate amounts levied pursuant to this 
clause are subject to a maximum increase of 18 percent over the 
amount levied for these purposes in the previous year; 
      (e) pay the costs of principal and interest on bonded 
indebtedness or to reimburse for the amount of liquor store 
revenues used to pay the principal and interest due in the year 
preceding the year for which the levy limit is calculated on 
municipal liquor store bonds; 
      (f) pay the costs of principal and interest on certificates 
of indebtedness, except tax anticipation or aid anticipation 
certificates of indebtedness, issued for any corporate purpose 
except current expenses or funding an insufficiency in receipts 
from taxes or other sources or funding extraordinary 
expenditures resulting from a public emergency; and to pay the 
cost for certificates of indebtedness issued pursuant to 
sections 298.28 and 298.282;  
      (g) fund the payments made to the Minnesota state armory 
building commission pursuant to section 193.145, subdivision 2, 
to retire the principal and interest on armory construction 
bonds; 
      (h) provide for the bonded indebtedness portion of payments 
made to another political subdivision of the state of Minnesota; 
      (i) pay the amounts required to compensate for a decrease 
in manufactured homes property tax receipts to the extent that 
the governmental subdivision's portion of the total levy in the 
current levy year, pursuant to section 274.19, subdivision 8, as 
amended, is less than the distribution of the manufactured homes 
tax to the governmental subdivision pursuant to Minnesota 
Statutes 1969, section 273.13, subdivision 3, in calendar year 
1971; 
      (j) pay the amounts required, in accordance with section 
275.075, to correct for a county auditor's error of omission but 
only to the extent that when added to the preceding year's levy 
it is not in excess of an applicable statutory, special law or 
charter limitation, or the limitation imposed on the 
governmental subdivision by sections 275.50 to 275.56 in the 
preceding levy year; 
      (k) pay amounts required to correct for an error of 
omission in the levy certified to the appropriate county auditor 
or auditors by the governing body of a city or town with 
statutory city powers in a levy year, but only to the extent 
that when added to the preceding year's levy it is not in excess 
of an applicable statutory, special law or charter limitation, 
or the limitation imposed on the governmental subdivision by 
sections 275.50 to 275.56 in the preceding levy year; 
      (l) pay the increased cost of municipal services as the 
result of an annexation or consolidation ordered by the 
Minnesota municipal board but only to the extent and for the 
levy years as provided by the board in its order pursuant to 
section 414.01, subdivision 15.  Special levies authorized by 
the board shall not exceed 50 percent of the levy limit base of 
the governmental subdivision and may not be in effect for more 
than three years after the board's order; 
      (m) pay the increased costs of municipal services provided 
to new private industrial and nonresidential commercial 
development, to the extent that the extension of such services 
are not paid for through bonded indebtedness or special 
assessments, and not to exceed the amount determined as 
follows.  The governmental subdivision may calculate the 
aggregate of: 
      (1) the increased expenditures necessary in preparation for 
the delivering of municipal services to new private industrial 
and nonresidential commercial development, but limited to one 
year's expenditures one time for each such development; 
      (2) the amount determined by dividing the overall levy 
limitation established pursuant to sections 275.50 to 275.56, 
and exclusive of special levies and special assessments, by the 
total taxable value of the governmental subdivision, and then 
multiplying this quotient times the total increase in assessed 
value of private industrial and nonresidential commercial 
development within the governmental subdivision.  For the 
purpose of this clause, the increase in the assessed value of 
private industrial and nonresidential commercial development is 
calculated as the increase in assessed value over the assessed 
value of the real estate parcels subject to such private 
development as most recently determined before the building 
permit was issued.  In the fourth levy year subsequent to the 
levy year in which the building permit was issued, the increase 
in assessed value of the real estate parcels subject to such 
private development shall no longer be included in determining 
the special levy. 
      The aggregate of the foregoing amounts, less any costs of 
extending municipal services to new private industrial and 
nonresidential commercial development which are paid by bonded 
indebtedness or special assessments, equals the maximum amount 
that may be levied as a "special levy" for the increased costs 
of municipal services provided to new private industrial and 
nonresidential commercial development.  In the levy year 
following the levy year in which the special levy made pursuant 
to this clause is discontinued, one-half of the amount of that 
special levy made in the preceding year shall be added to the 
permanent levy base of the governmental subdivision; 
      (n) recover a loss or refunds in tax receipts incurred in 
nonspecial levy funds resulting from abatements or court action 
in the previous year pursuant to section 275.48; 
      (o) pay amounts required by law to be paid to pay the 
interest on and to reduce the unfunded accrued liability of 
public pension funds in accordance with the actuarial standards 
and guidelines specified in sections 356.215 and 356.216 reduced 
by 106 percent of the amount levied for that purpose in 1976, 
payable in 1977.  For the purpose of this special levy, the 
estimated receipts expected from the state of Minnesota pursuant 
to sections 69.011 to 69.031 or any other state aid expressly 
intended for the support of public pension funds shall be 
considered as a deduction in determining the required levy for 
the normal costs of the public pension funds.  No amount of 
these aids shall be considered as a deduction in determining the 
governmental subdivision's required levy for the reduction of 
the unfunded accrued liability of public pension funds; 
      (p) the amounts allowed under section 174.27 to establish 
and administer a commuter van program; 
      (q) pay the costs of financial assistance to local 
governmental units and certain administrative, engineering, and 
legal expenses pursuant to Laws 1979, chapter 253, section 3; 
      (r) compensate for revenue lost as a result of abatements 
or court action pursuant to section 270.07, 270.17 or 278.01 due 
to a reassessment ordered by the commissioner of revenue 
pursuant to section 270.16;  
     (s) pay the total operating cost of a county jail as 
authorized in section 641.01.  If the county government utilizes 
this special levy, then any amount levied by the county 
government in the previous year for operating its county jail 
and included in its previous year's levy limitation computed 
pursuant to section 275.51 shall be deducted from the current 
levy limitation; 
    (t) pay the costs of implementing section 18.023, including 
sanitation and reforestation; 
    (u) pay the estimated cost for the following calendar year 
of the county's share of funding the Minnesota cooperative soil 
survey; and 
    (v) pay the costs of meeting the planning requirements of 
section 115A.46; the requirements of section 115A.917; the 
planning requirements of the metropolitan plan adopted under 
section 473.149 and county master plans adopted under section 
473.803; waste reduction and source separation programs and 
facilities; response actions that are financed in part by 
service charges under section 400.08 or 115A.15, subdivision 6; 
closure and postclosure care of a solid waste facility closed by 
order of the pollution control agency or by expiration of an 
agency permit before January 1, 1989; and current operating and 
maintenance costs of a publicly-owned solid waste processing 
facility financed with general obligation bonds issued after a 
referendum before March 25, 1986; and 
    (w) pay the costs of constructing public libraries. 

                                ARTICLE 3
    Section 1.  [346.55] [CIVIL LIABILITY.] 
    Subdivision 1.  [PENALTY.] The transfer by a person other 
than the owner of a dog or cat to a dealer, the possession of a 
dog or cat by a dealer without the permission of the owner, or 
the transfer of a dog or cat by a dealer to an institution 
without the permission of the owner is prohibited.  Nothing in 
this section prohibits the transfer of a dog or cat to a dealer 
if the dog or cat is removed from a property by or at the 
request of a person in possession of the property.  For the 
purpose of this subdivision, "dealer" and "institution" have the 
meanings given them in section 2. 
    A person who transfers or possesses a dog or cat without 
claim of right with intent to deprive the owner permanently of 
possession of the dog or cat violates this section and is liable 
for a civil penalty of up to $1,000 per dog or cat for each 
violation.  In bringing a civil action under this section the 
charging attorney shall consider, and in imposing a fine the 
court shall consider: 
     (1) the history of previous violations; 
     (2) the number of violations; 
    (3) the degree of willfulness of the violation; 
    (4) the good faith of the dealer; 
    (5) the good faith of the person delivering the dog or cat 
to the dealer; and 
    (6) the gravity of the violation. 
    A fine paid by the defendant in a criminal action that 
arose from the same violation may not be applied toward payment 
of the civil penalty under this subdivision.  
    Subd. 2.  [JURISDICTION.] Notwithstanding sections 487.15, 
488A.01, and 488A.18, the county and municipal courts may hear, 
try, and determine actions started under this section.  Trials 
under this section must be to the court, sitting without a jury. 
    Subd. 3.  [APPEARANCES.] Notwithstanding section 8.01, 
county or city attorneys may appear for the board of animal 
health in civil actions started under this section at the 
request of the attorney general.  Actions under this section may 
be brought in the name of the state of Minnesota with the 
consent of the board of animal health or directly by a city or 
county attorney at the request of a person filing a complaint. 
    Subd. 4.  [VENUE.] Civil actions under this section may be 
started in any county in which the animal in question was 
transferred or possessed, or from which the dog or cat was 
removed without the permission of the lawful owner.  
    Subd. 5.  [FINES.] Fines collected under this section must 
be disposed of as follows:  
    (a) If the violation occurs in the county, and the county 
attorney appears in the action, 50 percent to the county and 50 
percent to the state.  
    (b) If the violation occurs within the municipality, and 
the city attorney appears in the action, 50 percent to the city 
and 50 percent to the state.  
    (c) If the attorney general appears in the action, all 
penalties imposed and fines collected must be credited to the 
general fund in the state treasury.  
    Sec. 2.  Minnesota Statutes 1986, section 347.31, is 
amended to read: 
    347.31 [REGULATION OF DOG KENNELS; DEFINITIONS.] 
    Subdivision 1.  [TERMS.] For the purpose of sections 347.31 
to 347.40 the terms defined in this section shall have the 
meanings given to them.  
    Subd. 2.  [DOG KENNEL.] "Dog Kennel" means any place, 
building, tract of land, abode, or vehicle wherein or whereupon 
dogs or cats are kept, congregated, or confined, such if the 
dogs having been or cats were obtained from municipalities, dog 
pounds, dog auctions, or by advertising for unwanted dogs or 
cats, or dogs or cats strayed, abandoned, or stolen.  "Dog 
Kennel" does not mean include a dog pound owned and operated by 
any political subdivision of the state or a person's home where 
dogs or cats are kept as pets.  
    Subd. 3.  [PREMISES.] The word "Premises" means any 
building, structure, shelter, or land wherein or whereon dogs or 
cats are kept or confined.  
    Subd. 4.  [DEALER.] "Dealer" means a public or private 
agency, person, society, or corporation that is licensed or is 
required to be licensed as a "Class B dealer" under United 
States Code, title 7, sections 2131 to 2155, as amended through 
December 31, 1986. 
    Subd. 5.  [INSTITUTION.] "Institution" means a school or 
college of agriculture, veterinary medicine, medicine, pharmacy, 
dentistry, or other educational or scientific organization 
properly concerned with the investigation of living organisms, 
instruction concerning the structure or functions of living 
organisms, or the cause, prevention, control, or cure of 
diseases or abnormal conditions of human beings or animals. 
    Sec. 3.  Minnesota Statutes 1986, section 347.32, is 
amended to read: 
    347.32 [LICENSE FOR DOG KENNEL OR DEALER.] 
    No person, firm, or corporation shall establish, maintain, 
conduct, or operate a dog kennel or operate as a dealer within 
this state without first obtaining a license therefor from the 
board of animal health.  The license shall be issued for a term 
of one year. 
    Sec. 4.  Minnesota Statutes 1986, section 347.33, is 
amended to read: 
    347.33 [LICENSING PROCEDURES; INSPECTIONS; ADMINISTRATION.] 
    Subdivision 1.  [APPLICATION.] The application for a 
license to operate and maintain a dog kennel or operate as a 
dealer shall be made to the board of animal health, in the 
manner prescribed by rules of the board. 
    Subd. 2.  [CONTENTS.] The application for a license shall 
be in writing and on a form as the board may by rule provide, 
and shall set forth: 
    (1) The full name and address of the applicant or 
applicants, or names and addresses of the partners if the 
applicant is a partnership, or the names and addresses of the 
officers if the applicant is a corporation, and the address of 
the corporation. 
    (2) The legal description or, in its place, the address and 
specific location of the site, lot, field, or tract of land upon 
which it is proposed to operate and maintain a dog kennel. 
    Subd. 3.  [FEES; ISSUANCE OF LICENSE.] The annual license 
fee is $10 $15 for each kennel and $100 for each dealer licensed.
All license fees collected by the board shall be deposited in 
the state treasury and credited to the general fund. 
    When application is made to the board, complete in the 
manner set forth by rule to be issued by the board, and upon 
payment of the license fee, the license shall be issued by the 
board if, after inspection of the premises, the board determines 
that the dog kennel or dealer complies with sections 347.31 to 
347.40 and the rules promulgated pursuant to it those sections. 
    Sec. 5.  Minnesota Statutes 1986, section 347.34, is 
amended to read: 
    347.34 [LICENSES REQUIRED.] 
    It shall be unlawful for any person, firm, or corporation 
to establish, maintain, conduct, carry on, or operate a dog 
kennel or operate as a dealer without first having received a 
license to maintain, conduct, carry on, and operate a dog 
kennel, or operate as a dealer, duly signed and executed in the 
name of the state of Minnesota and signed by the board of animal 
health.  The license shall be conspicuously displayed upon the 
licensed premises. 
    All licenses issued under sections 347.31 to 347.40 shall 
be personal to the licensee and be nontransferable. 
    Sec. 6.  Minnesota Statutes 1986, section 347.35, is 
amended to read: 
    347.35 [BOARD OF ANIMAL HEALTH AUTHORIZED TO PROMULGATE 
RULES.] 
    The board of animal health shall promulgate rules as it 
deems necessary for the operation of dog kennels and dealers and 
the enforcement of sections 347.31 to 347.40 which shall be in 
addition to rules established herein.  The rules adopted by the 
board must provide for the cost recovery for the activities of 
the board with respect to licensing, inspection, and enforcement 
of civil penalties and must provide for cooperation with the 
United States Department of Agriculture animal plant health 
inspection service program and for reference of complaints to 
local enforcement authorities.  Rules may must include, but are 
not limited to, requirements governing the care of dogs and 
cats, minimum conditions, and maintenance of quarters and dog 
kennels, the humane treatment of dogs and cats while in the dog 
kennels, maintenance of detailed records showing the person from 
whom any dog or cat aged over three months has been received, 
and in the case of a dealer, including address, driver's license 
number or social security number, and to whom it has been 
transferred, and preservation of the records for a minimum 
period of two years.  The dealer is responsible for making a 
reasonable attempt to ensure the accuracy of the data collected. 
    A payment from a dealer to a person from whom the dealer 
buys dogs or cats must be by check, payable only to that 
person.  The check must contain the dealer's name and address. 
    Sec. 7.  Minnesota Statutes 1986, section 347.37, is 
amended to read: 
    347.37 [PUBLIC ACCESS; NOTICE; INSPECTION; ENFORCEMENT.] 
    The board of animal health shall cause to be inspected from 
time to time all dog kennels and dealers licensed hereunder and 
all records required by sections 347.31 to 347.40 to be kept by 
the licensees. 
    Any duly authorized agent of the board, any sheriff, or 
sheriff's deputy, or police officer, or state humane agent 
appointed pursuant to section 343.01, is granted the power and 
the authority to enter upon the premises of any dog kennel or 
dealer at any time during the daylight hours for the purposes 
herein set forth, and for the purposes of inspecting the 
compliance with the provisions of sections 346.55, 347.31 to 
347.40 and the rules issued pursuant thereto, and for the 
purposes of enforcing sections 346.55, or 347.31 to 347.40. 
    Each kennel and dealer shall post a conspicuous notice in a 
format no less than 24 by 36 inches and easily readable by the 
general public, that states:  (1) that the person is a licensed 
kennel or dealer in dogs and cats; (2) that dogs and cats left 
with the kennel or dealer may be used for research purposes; and 
(3) the hours the kennel or dealer is open to the public.  The 
notice must be placed in at least two locations on the premises, 
one of which must be on or near the exterior mail delivery point 
and one of which must be at the regularly used point of exchange 
of dogs and cats.  A person may view dogs and cats in the 
custody of a kennel or dealer during the time the premises is 
open to the public.  Dealers and kennels are required to be open 
to the public on a regular basis at least four hours between 
7:00 a.m. and 10:00 p.m. on at least four of the seven days of 
each week including at least one Saturday or Sunday.  Any 
advertisement placed by a kennel or dealer seeking dogs or cats 
must inform the public that dogs and cats brought to the kennel 
or dealer may be used for research purposes.  
    Sec. 8.  Minnesota Statutes 1986, section 347.38, is 
amended to read: 
    347.38 [REVOCATION OF LICENSE.] 
    The board of animal health may as hereinafter set forth 
revoke or suspend the license of any person, firm, or 
corporation, for violation of sections 346.55 and 347.31 to 
347.40 or the rules issued pursuant to sections 347.31 to 347.40.
    Upon written complaint made to the board by any person, 
firm, or corporation alleging any violation of this law sections 
347.31 to 347.40 or any rules pursuant thereto by any licensee, 
the board may cause an investigation to be made upon matters 
related in said complaint. 
    Thereupon the board shall in its discretion either dismiss 
the complaint or require the kennel or dealer against whom the 
complaint is made to correct the conditions or violations 
complained of within ten days after receipt of written notice of 
the same.  If upon termination of the ten day period the 
licensee has failed to correct or to remedy the violation or 
violations of sections 346.55 or 347.31 to 347.40 or any rules 
pursuant thereto, or if the board considers it appropriate under 
the circumstances the board shall, upon a minimum of 30 days' 
notice to the licensee, conduct a hearing for the purpose of 
determining whether the license to operate a kennel or as a 
dealer should be revoked or temporarily suspended for a period 
not to exceed six months.  If after notice and hearing the board 
finds that any provision of sections 346.55 or 347.31 to 347.40 
has been violated by the licensee or any rule issued by the 
board has been violated by the licensee, the board may revoke 
and suspend the license.  The suspension shall not exceed a 
period of six months possession or transfer of a dog or cat by a 
dealer to an institution, without the permission of the owner, 
failure of a dealer or kennel to keep accurate data as required 
in section 347.35, or failure of a dealer or kennel to permit 
access to its premises as required in section 347.37, is grounds 
for license revocation.  The licensee whose license is revoked 
or suspended may within 20 days after the board's decision 
appeal to the district court.  The district court shall upon 20 
days' notice to the board hear the appeal within 45 days after 
the filing of the appeal.  On the hearing of the appeal the 
court shall review the decision of the board in a manner as 
though reviewed by certiorari, except that new or additional 
evidence may be taken, if in the opinion of the court additional 
evidence is necessary or proper to the disposition of the case. 
    Sec. 9.  Minnesota Statutes 1986, section 347.39, is 
amended to read: 
    347.39 [PENALTIES.] 
    Violation of any provision of sections 347.31 to 347.40 or 
of any rule of the board of animal health issued pursuant to 
sections 347.31 to 347.40, or the operation of a kennel or as a 
dealer without a license, or the operation of a kennel or as a 
dealer after revocation of a license or during a period of 
suspension, shall constitute a misdemeanor. 
    Sec. 10.  Minnesota Statutes 1986, section 347.40, is 
amended to read: 
    347.40 [EXCEPTIONS.] 
    Sections 347.31 to 347.40 shall in no way apply to any 
veterinarian licensed to practice in the state of Minnesota who 
keeps, congregates, or confines dogs or cats in the normal 
pursuit of the practice of veterinary medicine.  
    The provisions of sections 347.31 to 347.40 shall not apply 
to any institution licensed to obtain animals under the 
provisions of section 35.71, and to any person licensed under 
Public Law Number 89-544, the federal Laboratory Animal Welfare 
Act. 
    Sec. 11.  [APPROPRIATION.] 
    There is appropriated from the general fund to the board of 
animal health the sum of $10,000 for the purposes of this 
article for the biennium ending June 30, 1989. 
    Approved June 2, 1987