1.1                          A bill for an act 
  1.2             relating to agriculture; expanding emergency authority 
  1.3             of the board of animal health to eradicate any 
  1.4             dangerous, infectious, or communicable disease 
  1.5             affecting domestic animals in the state; amending 
  1.6             Minnesota Statutes 2000, section 35.09, subdivision 3; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 35. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [35.0661] [TEMPORARY EMERGENCY RESTRICTIONS ON 
  1.11  MOVEMENT OF PEOPLE, LIVESTOCK, MACHINERY, AND OTHER PERSONAL 
  1.12  PROPERTY.] 
  1.13     Subdivision 1.  [DISASTROUS ANIMAL DISEASE OUTBREAKS; 
  1.14  DECLARATION OF EMERGENCY.] If the board determines that a 
  1.15  confirmed case of a disease in this state presents a substantial 
  1.16  and imminent threat to the state's domestic animal population, 
  1.17  it shall certify the case to the governor.  The governor then 
  1.18  may declare an emergency under this section for purposes of 
  1.19  allowing the board to establish quarantine zones of control to 
  1.20  protect the health of domestic animals from animal diseases of 
  1.21  potentially disastrous proportions.  The governor may declare an 
  1.22  emergency under this section without declaring a peacetime 
  1.23  emergency under section 12.31.  A declaration under this section 
  1.24  may specify that it applies to all or certain units of state or 
  1.25  local government, must specify the time period for which it 
  1.26  applies, and must be filed with the secretary of state.  This 
  1.27  section is in addition to and does not limit authority granted 
  2.1   to the governor or local government officials by chapter 12 or 
  2.2   other law. 
  2.3      Subd. 2.  [QUARANTINE ZONES.] Upon an emergency declaration 
  2.4   by the governor under subdivision 1, the board or any licensed 
  2.5   veterinarian designated by the board may establish quarantine 
  2.6   zones of control in any area where a specific animal is deemed 
  2.7   by a licensed veterinarian as likely to be infected with the 
  2.8   disease based on an actual veterinary examination or laboratory 
  2.9   testing.  Quarantine zones of control must be the smallest size 
  2.10  practicable to prevent the spread of disease and must exist for 
  2.11  the shortest duration consistent with effective disease 
  2.12  control.  A quarantine zone of control must not extend beyond a 
  2.13  radius of three miles from an animal deemed as likely to be 
  2.14  infected with the disease, unless the board has adopted a rule 
  2.15  regarding a specific disease requiring a larger quarantine zone 
  2.16  of control. 
  2.17     Subd. 3.  [RESTRICTIONS ON MOVEMENT OUT OF QUARANTINE 
  2.18  ZONES.] (a) The board may issue orders restricting the movement 
  2.19  of persons, livestock, machinery, and personal property out of 
  2.20  zones designated by the board as quarantined under subdivision 
  2.21  1.  The executive director of the board or any licensed 
  2.22  veterinarian designated by the board may issue the orders.  An 
  2.23  order may be issued upon a determination that reasonable cause 
  2.24  exists to believe that the movement of persons or personal 
  2.25  property out of a quarantine zone will reasonably threaten to 
  2.26  transport a dangerous, infectious, or communicable disease 
  2.27  outside of the quarantine zone. 
  2.28     (b) The order must be served upon any person subject to the 
  2.29  order.  The restrictions sought by the board on movement out of 
  2.30  a quarantine zone must be limited to the greatest extent 
  2.31  possible consistent with the paramount disease control 
  2.32  objectives as determined by the board.  An order under this 
  2.33  section may be served on any day at any time. 
  2.34     (c) No person may be restricted by an order under this 
  2.35  subdivision for longer than 72 hours, exclusive of Saturdays, 
  2.36  Sundays, and legal holidays, so long as the person agrees to 
  3.1   abide by the disease control measures established by the board.  
  3.2   The person shall sign an acknowledgment form prepared by the 
  3.3   board evidencing the person's agreement to abide by the disease 
  3.4   control measures established by the board.  
  3.5      (d) A person whose movements are restricted by an order 
  3.6   under this subdivision may seek a district court hearing on the 
  3.7   order at any time after it is served on the person.  The hearing 
  3.8   may be held by telephone as soon as possible.  The subject of 
  3.9   the order may: 
  3.10     (1) contest imposition of the order on grounds that it is 
  3.11  an abuse of the board's discretion under this section; or 
  3.12     (2) seek a variance from it to allow movement of a person 
  3.13  inconsistent with the order, upon a showing that the person 
  3.14  would otherwise suffer irreparable harm.  
  3.15     Sec. 2.  [35.0662] [TEMPORARY EMERGENCY RESTRICTIONS 
  3.16  HEARING.] 
  3.17     Subdivision 1.  [GROUNDS.] If the board determines that a 
  3.18  person is not reasonably likely to abide by the disease control 
  3.19  measures established by the board, the board may request a court 
  3.20  hearing to determine if the emergency temporary restrictions 
  3.21  should continue.  The court shall schedule the hearing as 
  3.22  expeditiously as possible.  When the board requests a court 
  3.23  hearing under this section, restrictions under section 35.0661, 
  3.24  subdivision 3, continue to apply to the person until the court 
  3.25  has held the temporary emergency restrictions hearing and issues 
  3.26  an order.  
  3.27     Subd. 2.  [TIME OF NOTICE.] If the board requests a court 
  3.28  hearing pursuant to this section, notice of the hearing must be 
  3.29  served upon the person or persons to be restricted at least 24 
  3.30  hours before the hearing. 
  3.31     Subd. 3.  [CONTENTS OF NOTICE.] The notice must contain the 
  3.32  following information: 
  3.33     (1) the time, date, and place of the hearing; 
  3.34     (2) the grounds and underlying facts upon which continued 
  3.35  restrictions are sought; 
  3.36     (3) the person's right to appear telephonically at the 
  4.1   hearing and the right to have a representative appear in person 
  4.2   at the hearing; 
  4.3      (4) the person's right to present and cross-examine 
  4.4   witnesses; and 
  4.5      (5) the person's right to counsel, including the right, if 
  4.6   the person is indigent, to representation by counsel designated 
  4.7   by the court or county of venue. 
  4.8      Subd. 4.  [ORDER FOR CONTINUED TEMPORARY RESTRICTIONS.] The 
  4.9   court may order the continued restriction on the movement of the 
  4.10  person if it finds, by a preponderance of the evidence, that 
  4.11  travel outside of the quarantine zone by the person would pose 
  4.12  an imminent threat of transporting a dangerous, infectious, or 
  4.13  communicable disease outside of the boundaries of the quarantine 
  4.14  zone.  Unless the person refuses to sign and comply with the 
  4.15  acknowledgment form referred to in section 35.0661, subdivision 
  4.16  3, the temporary restrictions must not continue longer than 30 
  4.17  days.  Refusal by the person to sign and comply with the 
  4.18  acknowledgment form constitutes a knowing violation of section 
  4.19  35.0661 and subjects the person to the penalties specified in 
  4.20  section 35.96. 
  4.21     Sec. 3.  Minnesota Statutes 2000, section 35.09, 
  4.22  subdivision 3, is amended to read: 
  4.23     Subd. 3.  [EMERGENCIES.] (a) When it is determined by the 
  4.24  board that it is necessary to eradicate any dangerous, 
  4.25  infectious, communicable disease among domestic animals in the 
  4.26  state, the presence of which constitutes an emergency declared 
  4.27  by resolution of the board, order of the governor, or by the 
  4.28  United States Department of Agriculture, the board may take 
  4.29  reasonable and necessary steps to suppress and eradicate the 
  4.30  disease.  If the emergency is declared by the United States 
  4.31  Department of Agriculture, The board may cooperate with the 
  4.32  animal and plant health inspection service of the United States 
  4.33  Department of Agriculture, federally recognized Indian tribes, 
  4.34  state or local government agencies, or any other private or 
  4.35  public entity in the suppression and eradication of the disease. 
  4.36     (b) When an emergency has been declared, the board may 
  5.1   appraise and destroy animals affected with, or which have been 
  5.2   exposed to the disease, and or which are highly susceptible to 
  5.3   exposure to the disease because of proximity to diseased 
  5.4   animals, appraise and destroy personal property in order to 
  5.5   remove the infection and complete the cleaning and disinfection 
  5.6   of the premises, condemn real property for the purpose of 
  5.7   disposing of animals, and do any act and incur any other expense 
  5.8   reasonably necessary to suppress the disease.  The board may 
  5.9   accept, on behalf of the state, the rules adopted by the animal 
  5.10  and plant health inspection service of the United States 
  5.11  Department of Agriculture pertaining to the disease, authorized 
  5.12  under an act of Congress, or the portion of the regulations 
  5.13  deemed necessary, suitable, or applicable, and cooperate with 
  5.14  the animal and plant health inspection service of the United 
  5.15  States Department of Agriculture, in the enforcement of those 
  5.16  rules.  Alternatively, the board may follow the procedure only 
  5.17  as to quarantine, inspection, condemnation, 
  5.18  appraisal, compensation, destruction, burial of animals, 
  5.19  disinfection, or other acts the board considers reasonably 
  5.20  necessary for the suppression of the disease, as agreed upon and 
  5.21  adopted by the board and representatives or authorized agents of 
  5.22  the animal and plant health inspection service of the United 
  5.23  States Department of Agriculture.  If the procedures have been 
  5.24  followed under an emergency declared by the United States 
  5.25  Department of Agriculture, the total expense must be shared 
  5.26  equally between the state and federal governments. 
  5.27     (c) Appraisals of animals affected with, or exposed to, the 
  5.28  disease, or contact animals, or personal property destroyed in 
  5.29  order to remove the infection and complete the cleaning and 
  5.30  disinfection of premises where the animals are found, must be 
  5.31  made by an appraisal board consisting of a representative of the 
  5.32  board, a representative of the animal and plant health 
  5.33  inspection service of the United States Department of 
  5.34  Agriculture, and the owner of the animals or the owner's 
  5.35  representative.  Notwithstanding any law to the contrary, when, 
  5.36  in the judgment of the board, physical appraisal of the animals 
  6.1   to be killed or personal property to be destroyed poses a 
  6.2   disease threat, appraisals may be conducted after the animals 
  6.3   are killed based on documents, testimony, or other relevant 
  6.4   evidence.  Appraisals must be in writing and signed by the 
  6.5   appraisers, and must be made at the true market value of all 
  6.6   animals and personal property appraised, unless otherwise 
  6.7   provided by applicable federal law or regulation when 
  6.8   compensation is paid by federal funds. 
  6.9      (d) Upon destruction of animals or personal property, or 
  6.10  both or condemnation of real property, and burial or other 
  6.11  disposition of the carcasses of the animals in accordance with 
  6.12  the law and rules of the board and the animal and plant health 
  6.13  inspection service of the United States Department of 
  6.14  Agriculture, and the completion of the cleaning and disinfection 
  6.15  of the premises, the board shall certify the appraisal to the 
  6.16  commissioner of finance, who shall draw a warrant on the state 
  6.17  treasurer for the proper amount payable to the owner from 
  6.18  appropriations made available for this purpose.  If the 
  6.19  appraisal is made in respect to animals or other property 
  6.20  destroyed under an emergency declared by the United States 
  6.21  Department of Agriculture, the commissioner of finance shall 
  6.22  draw a warrant on the state treasurer for one-half of the amount 
  6.23  of the appraisal payable to the owner, and the remaining 
  6.24  one-half of the appraisal must be paid by the federal government 
  6.25  under the cooperative arrangement.  If the disease is of a 
  6.26  nature that any part of the carcasses of the diseased or exposed 
  6.27  animals may be salvaged for human food or other purposes, the 
  6.28  net amount of the salvage paid to the owner must be deducted 
  6.29  from the appraisal, and the remainder must be paid to the owner 
  6.30  by the state or by the state and federal government pursuant to 
  6.31  this section.