Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 192-H.F.No. 2514
An act relating to agriculture; expanding emergency
authority of the board of animal health to eradicate
any dangerous, infectious, or communicable disease
affecting domestic animals in the state; providing a
temporary rule waiver; amending Minnesota Statutes
2000, section 35.09, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapter 35.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [35.0661] [TEMPORARY EMERGENCY RESTRICTIONS ON
MOVEMENT OF PEOPLE, LIVESTOCK, MACHINERY, AND OTHER PERSONAL
PROPERTY.]
Subdivision 1. [DISASTROUS ANIMAL DISEASE OUTBREAKS;
DECLARATION OF EMERGENCY.] (a) If the board determines that a
confirmed case of a disease in this state presents a substantial
and imminent threat to the state's domestic animal population,
it shall certify the case to the governor. After receiving
certification from the board, the governor may declare an
emergency under this section for purposes of allowing the board
to establish quarantine zones of control to protect the health
of domestic animals from animal diseases of potentially
disastrous proportions. The governor may declare an emergency
under this section without declaring a peacetime emergency under
section 12.31. A declaration under this section may specify
that it applies to all or certain units of state or local
government, must specify the time period for which it applies,
and must be filed with the secretary of state. This section is
in addition to and does not limit authority granted to the
governor or local government officials by chapter 12 or other
law.
(b) The board may meet by electronic means without
violating state open meeting laws for the purpose of declaring
that a confirmed case of a disease in this state presents a
substantial and imminent threat to the state's domestic animal
population. If the board meets by electronic means for this
purpose, it shall comply with the emergency meeting notice
provisions of section 13D.04, subdivision 3, and, to the fullest
extent possible, provide public and media access to the meeting.
Subd. 2. [QUARANTINE ZONES.] Upon an emergency declaration
by the governor under subdivision 1, the board or any licensed
veterinarian designated by the board may establish quarantine
zones of control in any area where a specific animal is deemed
by a licensed veterinarian as likely to be infected with the
disease based on an actual veterinary examination or laboratory
testing. Quarantine zones of control must be the smallest size
practicable to prevent the spread of disease and must exist for
the shortest duration consistent with effective disease
control. A quarantine zone of control must not extend beyond a
radius of three miles from an animal deemed as likely to be
infected with the disease, unless the board has adopted a rule
regarding a specific disease requiring a larger quarantine zone
of control.
Subd. 3. [RESTRICTIONS ON MOVEMENT OUT OF QUARANTINE
ZONES.] (a) The board may issue orders restricting the movement
of persons, livestock, machinery, and personal property out of
zones designated by the board as quarantined under subdivision
2. The executive director of the board or any licensed
veterinarian designated by the board may issue the orders. An
order may be issued upon a determination that reasonable cause
exists to believe that the movement of persons or personal
property out of a quarantine zone will reasonably threaten to
transport a dangerous, infectious, or communicable disease
outside of the quarantine zone.
(b) The order must be served upon any person subject to the
order. The restrictions sought by the board on movement out of
a quarantine zone must be limited to the greatest extent
possible consistent with the paramount disease control
objectives as determined by the board. An order under this
section may be served on any day at any time. The order must
include a notice of the person's rights under this section,
including the ability to enter into an agreement to abide by
disease control measures under paragraph (c) and the right to
request a court hearing under paragraph (d).
(c) No person may be restricted by an order under this
subdivision for longer than 72 hours, exclusive of Saturdays,
Sundays, and legal holidays, so long as the person agrees to
abide by the disease control measures established by the board.
The person shall sign an acknowledgment form prepared by the
board evidencing the person's agreement to abide by the disease
control measures established by the board.
(d) A person whose movements are restricted by an order
under this subdivision may seek a district court hearing on the
order at any time after it is served on the person. The hearing
may be held by electronic means as soon as possible. The
subject of the order may:
(1) contest imposition of the order on grounds that it is
an abuse of the board's discretion under this section; or
(2) seek a variance from it to allow movement of a person
inconsistent with the order, upon a showing that the person
would otherwise suffer irreparable harm.
Subd. 4. [EXPIRATION.] This section expires July 31, 2003.
Sec. 2. [35.0662] [TEMPORARY EMERGENCY RESTRICTIONS
HEARING.]
Subdivision 1. [GROUNDS.] If the board determines that a
person is not reasonably likely to abide by the disease control
measures established by the board, the board may request a court
hearing to determine if the emergency temporary restrictions
should continue. The court shall schedule the hearing as
expeditiously as possible. When the board requests a court
hearing under this section, restrictions under section 1,
subdivision 3, continue to apply to the person until the court
has held the temporary emergency restrictions hearing and issues
an order.
Subd. 2. [TIME OF NOTICE.] If the board requests a court
hearing pursuant to this section, notice of the hearing must be
served upon the person or persons to be restricted at least 24
hours before the hearing.
Subd. 3. [CONTENTS OF NOTICE.] The notice must contain the
following information:
(1) the time, date, and place of the hearing;
(2) the grounds and underlying facts upon which continued
restrictions are sought;
(3) the person's right to appear by electronic means at the
hearing and the right to have a representative appear in person
at the hearing;
(4) the person's right to present and cross-examine
witnesses; and
(5) the person's right to counsel, including the right, if
the person is indigent, to representation by counsel designated
by the court or county of venue.
Subd. 4. [ORDER FOR CONTINUED TEMPORARY RESTRICTIONS.] The
court may order the continued restriction on the movement of the
person if it finds, by a preponderance of the evidence, that
travel outside of the quarantine zone by the person would pose
an imminent threat of transporting a dangerous, infectious, or
communicable disease outside of the boundaries of the quarantine
zone. If the person agrees to sign and comply with the
acknowledgment form referred to in section 35.0661, subdivision
3, the temporary restrictions must not continue longer than 30
days. If the person refuses to sign and comply with the
acknowledgment form, the temporary restrictions may continue for
a longer time specified by the court. Refusal by the person to
sign and comply with the acknowledgment form constitutes a
knowing violation of section 35.0661 and subjects the person to
the penalties specified in section 35.96.
Sec. 3. Minnesota Statutes 2000, section 35.09,
subdivision 3, is amended to read:
Subd. 3. [EMERGENCIES.] (a) When it is determined by the
board that it is necessary to eradicate any dangerous,
infectious, communicable disease among domestic animals in the
state, the presence of which constitutes an emergency declared
by resolution of the board, order of the governor, or by the
United States Department of Agriculture, the board may take
reasonable and necessary steps to suppress and eradicate the
disease. If the emergency is declared by the United States
Department of Agriculture, The board may cooperate with the
animal and plant health inspection service of the United States
Department of Agriculture, federally recognized Indian tribes,
state or local government agencies, or any other private or
public entity in the suppression and eradication of the disease.
(b) When an emergency has been declared, the board may
appraise and destroy animals affected with, or which have been
exposed to the disease, and or which are highly susceptible to
exposure to the disease because of proximity to diseased
animals, appraise and destroy personal property in order to
remove the infection and complete the cleaning and disinfection
of the premises, temporarily commandeer real property under
paragraph (c) for the purpose of disposing of animals, and do
any act and incur any other expense reasonably necessary to
suppress the disease.
(c) The governor, at the request of the board, may
temporarily commandeer agricultural or other suitable
nonresidential land under the provisions of chapter 12 to be
used for disposal of the destroyed animals when an emergency has
been declared by the governor under section 35.0661 and the
board determines that:
(1) the owner of destroyed animals lacks sufficient land to
properly dispose of the animals;
(2) the animals cannot be transported to other sites;
(3) no landowner within the appropriate area will consent
to voluntarily provide land for animal disposal;
(4) time pressures prevent formal condemnation procedures;
and
(5) other means of animal disposal are either impractical
or contrary to good disease control practices.
After the land has been used for animal disposal, possession
shall return to the owner or occupant. Damages resulting from
the temporary taking shall be paid in the same amount and manner
as if the land had been temporarily condemned for other public
purposes.
(d) The board may accept, on behalf of the state, the rules
adopted by the animal and plant health inspection service of the
United States Department of Agriculture pertaining to the
disease, authorized under an act of Congress, or the portion of
the regulations deemed necessary, suitable, or applicable, and
cooperate with the animal and plant health inspection service of
the United States Department of Agriculture, in the enforcement
of those rules. Alternatively, the board may follow the
procedure only as to quarantine, inspection, condemnation,
appraisal, compensation, destruction, burial of animals,
disinfection, or other acts the board considers reasonably
necessary for the suppression of the disease, as agreed upon and
adopted by the board and representatives or authorized agents of
the animal and plant health inspection service of the United
States Department of Agriculture. If the procedures have been
followed under an emergency declared by the United States
Department of Agriculture, the total expense must be shared
equally between the state and federal governments.
(e) For the purpose of compensation under paragraph (f),
appraisals of animals affected with, or exposed to, the disease,
or contact animals, or personal property destroyed in order to
remove the infection and complete the cleaning and disinfection
of premises where the animals are found, must be made by an
appraisal board consisting of a representative of the board, a
representative of the animal and plant health inspection service
of the United States Department of Agriculture, and the owner of
the animals or the owner's representative. Notwithstanding any
law to the contrary, when, in the judgment of the board,
physical appraisal of the animals to be killed or personal
property to be destroyed poses a disease threat, appraisals may
be conducted after the animals are killed based on documents,
testimony, or other relevant evidence. Appraisals must be in
writing and signed by the appraisers, and must be made at the
true market value of all animals and personal property appraised
, unless otherwise provided by applicable federal law or
regulation when compensation is paid by federal funds.
(f) Upon destruction of animals or personal property, or
both temporary commandeering of real property, and burial or
other disposition of the carcasses of the animals in accordance
with the law and rules of the board and the animal and plant
health inspection service of the United States Department of
Agriculture, and the completion of the cleaning and disinfection
of the premises, the board shall certify the appraisal or the
condemnation award to the commissioner of finance, who shall
draw a warrant on the state treasurer for the proper amount
payable to the owner, excluding any compensation received by the
owner from other sources, from appropriations made available for
this purpose. If the appraisal is made in respect to animals or
other property destroyed under an emergency declared by the
United States Department of Agriculture, the commissioner of
finance shall draw a warrant on the state treasurer for one-half
of the amount of the appraisal payable to the owner, and the
remaining one-half of the appraisal must be paid by the federal
government under the cooperative arrangement. If the disease is
of a nature that any part of the carcasses of the diseased or
exposed animals may be salvaged for human food or other
purposes, the net amount of the salvage paid to the owner must
be deducted from the appraisal, and the remainder must be paid
to the owner by the state or by the state and federal government
pursuant to this section.
(g) No entity of any kind may begin or proceed with any
proceeding to collect a debt from the owner of animals or
personal property destroyed under this subdivision, until the
owner has received compensation under paragraph (d). For
purposes of this paragraph, "proceeding to collect a debt"
includes foreclosure, repossession, garnishment, levy, contract
for deed cancellation, an action to obtain a court judgment, a
proceeding to collect real estate taxes or special assessments,
eviction, and any other in-court and out-of-court proceedings to
collect a debt. The term does not include sending bills or
other routine communications to the owner. If an entity refuses
to comply with this paragraph after being informed that the
owner qualifies for relief under this paragraph, the owner may
apply to the district court in the county in which the owner
resides for a court order directing the entity to comply with
this paragraph and to reimburse the owner for reasonable
attorney fees incurred in obtaining the court order. This
paragraph does not affect the validity of a mortgage
foreclosure, contract for deed cancellation or other proceeding
involving the title to real property, unless the owner records
in the office of the county recorder, or files in the office of
the registrar of titles, prior to completion of the proceeding
to collect a debt, a certified copy of a court order, which
includes a legal description of the property, determining that
the owner qualifies for relief under this paragraph. For
purposes of proceedings involving title to real property, the
court order must provide that it expires 90 days after the court
order was applied for, unless the court extends the court order
prior to that date for good cause shown. A certified copy of
any extension of the court order must be recorded or filed in
order to affect the validity of a proceeding affecting the title
to real property. For purposes of this paragraph, "completion
of a proceeding to collect a debt" means, in the case of a
mortgage foreclosure under chapter 580 or 581 or of a
foreclosure of any other lien on real property, the filing or
recording of the sheriff's certificate of sale; and, in the case
of a contract for deed cancellation under section 559.21, the
end of the cancellation period provided in that section.
Sec. 4. [EXPIRATION.]
The amendments made by section 3 to Minnesota Statutes,
section 35.09, subdivision 3, expire July 31, 2003, and the
subdivision as it read prior to the enactment of section 3 is
revived and includes all subsequent enactments to that
subdivision.
Sec. 5. [TEMPORARY WAIVER OF RULE.]
The application of Minnesota Rules, part 1720.0620, is
temporarily waived from January 1, 2001, to June 1, 2002, for
products used exclusively for poultry.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 5 are effective the day following final
enactment.
Presented to the governor May 23, 2001
Signed by the governor May 25, 2001, 11:59 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes