Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 402-S.F.No. 816 
                  An act relating to public administration; providing 
                  exceptions to cruelty in transportation provisions for 
                  carrying certain animals; changing certain animal 
                  shelter requirements; providing for alternative 
                  dispute resolution for certain matters; delaying the 
                  effect of a repealer; requiring a report; amending 
                  Minnesota Statutes 1996, sections 343.24; 343.40, 
                  subdivision 2; and 346.38, subdivisions 4 and 5; Laws 
                  1986, chapter 398, article 1, section 18, as amended; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 583. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 343.24, is 
        amended to read: 
           343.24 [CRUELTY IN TRANSPORTATION.] 
           Subdivision 1.  [PENALTY.] Any person who does any of the 
        following is guilty of a misdemeanor:  (a) Carries or causes to 
        be carried, any live animals upon any vehicle or otherwise, 
        without providing suitable racks, cars, crates, or cages in 
        which the animals can both stand and lie down during 
        transportation and while awaiting slaughter; (b) Except as 
        provided in subdivision 2, paragraph (a), carries or causes to 
        be carried, upon a vehicle or otherwise, any live animal having 
        feet or legs tied together, or in any other cruel or inhuman 
        inhumane manner; (c) Transports or detains livestock in cars or 
        compartments for more than 28 consecutive hours without 
        unloading the livestock in a humane manner into properly 
        equipped pens for rest, water, and feeding for a period of at 
        least five consecutive hours, unless requested to do so as 
        provided in subdivision 2, paragraph (b), or unless prevented by 
        storm or unavoidable causes which cannot be anticipated or 
        avoided by the exercise of due diligence and foresight; or (d) 
        Permits livestock to be crowded together without sufficient 
        space to stand, or so as to overlie, crush, wound, or kill each 
        other. 
           Subd. 2.  [EXCEPTION EXCEPTIONS.] (a) A person may carry or 
        cause to be carried, upon a vehicle or otherwise, a 
        cloven-hoofed animal having legs tied together, if: 
           (1) the person transporting the animal is the animal's 
        owner, or an employee or agent of the owner; 
           (2) the animal weighs 250 pounds or less; 
           (3) the tying is done in a humane manner and is necessary 
        for the animal's safe transport; and 
           (4) the animal's legs are tied for no longer than one-half 
        hour. 
           (b) A person or corporation engaged in transporting 
        livestock may confine livestock for 36 consecutive hours if the 
        owner or person with custody of that particular shipment of 
        livestock requests in writing that an extension be allowed.  
        That written request shall be separate from any printed bill of 
        lading or other railroad form.  
           Sec. 2.  Minnesota Statutes 1996, section 343.40, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BUILDING SPECIFICATIONS.] The shelter shall 
        include a moistureproof and windproof structure of suitable size 
        to accommodate the dog and allow retention of body heat.  It 
        shall be made of durable material with a solid, moisture-proof 
        floor or a floor raised at least two inches from the ground and 
        with the entrance covered by a flexible windproof material or a 
        self-closing swinging door.  Between November 1 and March 31 the 
        structure must have a windbreak at the entrance.  The structure 
        shall be provided with a sufficient quantity of suitable bedding 
        material consisting of hay, straw, cedar shavings, blankets, or 
        the equivalent, to provide insulation and protection against 
        cold and dampness and promote retention of body heat. 
           Sec. 3.  Minnesota Statutes 1996, section 346.38, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SHELTER.] Equines must be provided a minimum of 
        free choice protection or constructed shelter from direct rays 
        of the sun when temperatures exceed 95 degrees Fahrenheit, from 
        wind, and from freezing precipitation adverse weather 
        conditions, including direct rays of the sun in extreme heat or 
        cold, wind, or precipitation.  Natural or constructed shelters 
        must be of sufficient size to provide the necessary protection.  
        Constructed shelters must be structurally sound, free of 
        injurious matter, maintained in good repair, and 
        ventilated.  Outside exercise paddocks for equines do not 
        require separate constructed shelter where a shelter is 
        accessible to the equine on adjacent or other accessible areas 
        of the property provided that equines are not kept in outdoor 
        exercise paddocks during adverse weather conditions.  
           Sec. 4.  Minnesota Statutes 1996, section 346.38, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SPACE AND CLEANLINESS REQUIREMENTS.] Constructed 
        shelters except for tie stalls must provide space for the animal 
        to:  (1) roll with a minimum danger of being cast; or (2) easily 
        stand, lie down, and turn around.  Stalls must be cleaned and 
        kept dry to the extent the animal is not required to lie or 
        stand in fluids.  Bedding must be provided in all stalls, kept 
        reasonably clean, and periodically changed.  The nature of the 
        bedding must not pose a health hazard to the animal. 
           Sec. 5.  [583.311] [VOLUNTARY ALTERNATIVE DISPUTE 
        RESOLUTION.] 
           The administrator shall establish procedures and measures 
        to ensure maximum use of alternative dispute resolution under 
        this chapter for disputes in rural areas.  Referrals may be 
        accepted from courts, state agencies, local units of government, 
        or any party to a dispute involving rural land, regulation, 
        rural individuals, businesses, or property, or any matter 
        affecting rural quality of life.  The legislature encourages 
        state and federal agencies and governmental subdivisions to use 
        the services provided by the administrator under this chapter 
        and to cooperate fully when matters under this jurisdiction are 
        subjected to alternative dispute resolution methods.  The 
        administrator may set fees for participation in voluntary 
        procedures to pay all or part of the costs of providing such 
        services. 
           Sec. 6.  Laws 1986, chapter 398, article 1, section 18, as 
        amended by Laws 1987, chapter 292, section 37; Laws 1989, 
        chapter 350, article 16, section 8; Laws 1990, chapter 525, 
        section 1; Laws 1991, chapter 208, section 2; Laws 1993, First 
        Special Session chapter 2, article 6, section 2; Laws 1995, 
        chapter 212, article 2, section 11; and Laws 1997, chapter 183, 
        article 3, section 29, is amended to read: 
           Sec. 18.  [REPEALER.] 
           Sections 1 to 17 and Minnesota Statutes, section 336.9-501, 
        subsections (6) and (7), and sections 583.284, 583.285, 583.286, 
        and 583.305, are repealed on July 1, 1998 1999. 
           Sec. 7.  [REPORT.] 
           By the first Tuesday in January, 1999, the commissioner of 
        agriculture shall report to the committees on agriculture in the 
        senate and house of representatives on the need for and any 
        suggested changes in the Farmer-Lender Mediation Act. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:10 a.m.