.................... moves to amend H.F. No. 3158 as follows:
Delete everything after the enacting clause and insert:
1.4AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES
1.7The amounts shown in this section summarize direct appropriations, by fund, made
1.8in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
|Game and Fish
|Environment and Natural
Resources Trust Fund
1.17The sums shown in the columns marked "Appropriations" are added to the
1.18appropriations in Laws 2013, chapter 114, or appropriated to the agencies and for the
1.19purposes specified in this article. The appropriations are from the general fund, or another
1.20named fund, and are available for the fiscal year indicated for each purpose. The figure
1.21"2015" used in this article means that the addition to the appropriations listed under them
1.22are available for the fiscal year ending June 30, 2015.
|Sec. 2. APPROPRIATIONS.
||Available for the Year
||Ending June 30
2.3The amounts that may be spent for each
2.4purpose are specified in the following
|Subdivision 1.Total Appropriation
2.7$1,500,000 in 2015 is for a grant to Second
2.8Harvest Heartland on behalf of the six
2.9Feeding America food banks that serve
2.10Minnesota to compensate agricultural
2.11producers and processors for costs incurred
2.12to harvest and package for transfer surplus
2.13fruits, vegetables, or other agricultural
2.14commodities that would otherwise go
2.15unharvested or be discarded. Surplus
2.16commodities must be distributed statewide
2.17to food shelves and other charitable
2.18organizations that are eligible to receive
2.19food from the food banks. Surplus food
2.20acquired under this appropriation must be
2.21from Minnesota producers and processors.
2.22Second Harvest Heartland must report when
2.23required by, and in the form prescribed by,
2.24the commissioner. Second Harvest Heartland
2.25may use up to 11 percent of the grant for
2.26administrative expenses. This appropriation
2.27is added to the base.
2.28$100,000 in 2015 is to compensate experts
2.29evaluating the death of pollinators as
2.30authorized in Minnesota Statutes, section
2.3118B.04. This is a onetime appropriation.
|Subd. 2.Department of Agriculture
2.33$310,000 in 2015 is to administer the dog and
2.34cat breeder licensing and inspection program.
3.1The base in fiscal year 2016 is $426,000 and
3.2the base in fiscal year 2015 is $435,000.
|Subd. 3.Board of Animal Health
|Sec. 4. POLLUTION CONTROL AGENCY
3.5The amounts that may be spent for each
3.6purpose are specified in the following
3.9$1,000 in 2015 is to compile information
3.10on the presence of plastic microbeads in the
3.11state's waters and their potential impacts
3.12on aquatic ecosystems and human health,
3.13in consultation with the University of
3.14Minnesota. No later than December 15,
3.152014, the commissioner must present the
3.16information to the legislative committees
3.17with jurisdiction over environment and
3.18natural resources policy and finance and
3.19make recommendations. This is a onetime
|Subdivision 1.Total Appropriation
3.23$7,000,000 in 2015 is for the purposes of
3.24section 115A.557, subdivision 2.
Assistance and Cross-Media
|Sec. 5. NATURAL RESOURCES
|Subdivision 1.Total Appropriation
4.1The amounts that may be spent for each
4.2purpose are specified in the following
|Appropriations by Fund
|Game and Fish Fund
4.6$1,595,000 in 2015 is for the improvement,
4.7maintenance and conditions of facilities and
4.8infrastructure in state parks for safety and
4.9general use. This is a onetime appropriation.
4.10$450,000 in 2015 is from the natural
4.11resources fund for state trail, park, and
4.12recreation area operations. This appropriation
4.13is from the revenue deposited in the natural
4.14resources fund under Minnesota Statutes,
4.15section 297A.94, paragraph (e), clause (2).
4.16This is a onetime appropriation.
|Subd. 2.Parks and Trails
4.19$100,000 in 2015 is from the game and fish
4.20fund for trap shooting sports facility grants
4.21under Minnesota Statutes, section 87A.10.
4.22This is a onetime appropriation.
|Subd. 3.Fish and Wildlife
4.24$450,000 in 2015 is from the natural
4.25resources fund for metropolitan area regional
4.26parks and trails maintenance and operations.
4.27This appropriation is from the revenue
4.28deposited in the natural resources fund
4.29under Minnesota Statutes, section 297A.94,
4.30paragraph (e), clause (3). This is a onetime
|Sec. 6. METROPOLITAN COUNCIL
|Sec. 7. UNIVERSITY OF MINNESOTA
5.6$5,100,000 in 2015 is from the general fund
5.7for the Invasive Terrestrial Plants and Pests
5.8Center requested under this act, including a
5.9director, graduate students, and necessary
5.10supplies. This is a onetime appropriation and
5.11is available until June 30, 2025.
5.12$490,000 in 2015 is from the environment
5.13and natural resources trust fund for the
5.14Invasive Terrestrial Plants and Pests Center
5.15requested under this act, including a director,
5.16graduate students, and necessary supplies.
5.17This is a onetime appropriation and is
5.18available until June 30, 2025.
5.19$970,000 from the environment and natural
5.20resources trust fund appropriated in Laws
5.212011, First Special Session, chapter 2, article
5.223, section 2, subdivision 9, paragraph (d),
5.23Reinvest in Minnesota Wetlands Reserve
5.24Acquisition and Restoration Program
5.25Partnership, is transferred to the Board of
5.26Regents of the University of Minnesota for
5.27the Invasive Terrestrial Plants and Pests
5.28Center requested under this act, including a
5.29director, graduate students, and necessary
5.30supplies and is available until June 30, 2025.
|Appropriations by Fund
5.32AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES POLICY
Section 1. Minnesota Statutes 2012, section 13.643, subdivision 6, is amended to read:
Subd. 6. Animal premises data.
(a) The following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
6.7(b) Except as provided in section 347.58, subdivision 5, data collected and
6.8maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified
6.9as private or nonpublic.
The Board of Animal Health may disclose data collected under
(a) or (b)
to any person, agency, or to the public if the board determines that
the access will aid in the law enforcement process or the protection of public or animal
health or safety.
Sec. 2. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
6.16 Subd. 1c. Apiary. "Apiary" means a place where a collection of one or more hives
6.17or colonies of bees or the nuclei of bees are kept.
Sec. 3. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
6.20 Subd. 2a. Bee. "Bee" means any stage of the common honeybee, Apis mellifera (L).
Sec. 4. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
6.23 Subd. 2b. Bee owner. "Bee owner" means a person who owns an apiary.
Sec. 5. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
6.26 Subd. 4c. Colony. "Colony" means the aggregate of worker bees, drones, the queen,
6.27and developing young bees living together as a family unit in a hive or other dwelling.
Sec. 6. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
7.1 Subd. 11a. Hive. "Hive" means a frame hive, box hive, box, barrel, log gum, skep,
7.2or any other receptacle or container, natural or artificial, or any part of one, which is
7.3used as domicile for bees.
Sec. 7. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision
7.6 Subd. 20a. Pollinator. "Pollinator" means an insect that pollinates flowers.
Sec. 8. Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision
7.9 Subd. 4. Pollinators. The commissioner may take enforcement action under
7.10chapter 18D for a violation of this chapter, or any rule adopted under this chapter, that
7.11results in harm to pollinators, including but not limited to applying a pesticide in a manner
7.12inconsistent with the pesticide product's label or labeling and resulting in pollinator death
7.13or willfully applying pesticide in a manner inconsistent with the pesticide product's label
7.14or labeling. The commissioner must deposit any penalty collected under this subdivision
7.15in the pesticide regulatory account in section 18B.05.
Sec. 9. Minnesota Statutes 2012, section 18B.04, is amended to read:
7.1718B.04 PESTICIDE IMPACT ON ENVIRONMENT.
The commissioner shall:
(1) determine the impact of pesticides on the environment, including the impacts on
surface water and groundwater in this state;
(2) develop best management practices involving pesticide distribution, storage,
handling, use, and disposal; and
(3) cooperate with and assist other state agencies and local governments to protect
public health, pollinators,
and the environment from harmful exposure to pesticides.
7.25(b) The commissioner may assemble a group of experts under section 16C.10,
7.26subdivision 2, to consult in the investigation of pollinator deaths or illnesses. The group of
7.27experts may include representatives from local, state, and federal agencies; academia; the
7.28state pollinator bank or other professionals as deemed necessary by the commissioner.
Sec. 10. [18B.055] COMPENSATION FOR BEES KILLED BY PESTICIDE;
8.1 Subdivision 1. Compensation required. (a) The commissioner of agriculture
8.2must compensate a person for an acute pesticide poisoning resulting in the death of bees
8.3owned by the person, provided:
8.4(1) the person who applied the pesticide cannot be determined;
8.5(2) the person who applied the pesticide did so in a manner consistent with the
8.6pesticide product's label or labeling; or
8.7(3) the person who applied the pesticide did so in a manner inconsistent with the
8.8pesticide product's label or labeling.
8.9(b) Except as provided in this section, the bee owner is entitled to the fair market
8.10value of the dead bees as determined by the commissioner upon recommendation by
8.11academic experts and bee keepers. In any fiscal year, a bee owner must not be compensated
8.12for a claim that is less than $100 or compensated more than $20,000 for all eligible claims.
8.13 Subd. 2. Applicator responsible. In the event a person applies a pesticide in a
8.14manner inconsistent with the pesticide product's label or labeling requirements as approved
8.15by the commissioner and is determined to have caused the acute pesticide poisoning of
8.16bees, resulting in death, kept for commercial purposes, then the person so identified must
8.17bear the responsibility of restitution for the value of the bees to the owner. In such cases
8.18the commissioner must not provide compensation as provided in this section.
8.19 Subd. 3. Claim form. The bee owner must file a claim on forms provided by the
8.20commissioner and available on the Department of Agriculture's Web site.
8.21 Subd. 4. Determination. The commissioner must determine whether the death of
8.22the bees was caused by an acute pesticide poisoning, whether the pesticide applicator can
8.23be determined, and whether the pesticide applicator applied the pesticide product in a
8.24manner consistent with the pesticide product's label or labeling.
8.25 Subd. 5. Payments; denial of compensation. (a) If the commissioner determines
8.26the bee death was caused by an acute pesticide poisoning and either the pesticide
8.27applicator cannot be determined or the pesticide applicator applied the pesticide product in
8.28a manner consistent with the pesticide product's label or labeling, the commissioner may
8.29award compensation from the pesticide regulatory account. If the pesticide applicator can
8.30be determined and the applicator applied the pesticide product in a manner inconsistent
8.31with the product's label or labeling, the commissioner may collect a penalty from the
8.32pesticide applicator sufficient to compensate the bee owner for the fair market value of the
8.33dead bees and must award the money to the bee owner.
8.34(b) If the commissioner denies compensation claimed by a bee owner under this
8.35section, the commissioner must issue a written decision based upon the available evidence.
8.36The decision must include specification of the facts upon which the decision is based and
9.1the conclusions on the material issues of the claim. The commissioner must mail a copy
9.2of the decision to the bee owner.
9.3(c) A decision to deny compensation claimed under this section is not subject to the
9.4contested case review procedures of chapter 14, but may be reviewed upon a trial de
9.5novo in a court in the county where the loss occurred. The decision of the court may be
9.6appealed as in other civil cases. Review in court may be obtained by filing a petition for
9.7review with the administrator of the court within 60 days following receipt of a decision
9.8under this section. Upon the filing of a petition, the administrator must mail a copy to the
9.9commissioner and set a time for hearing within 90 days of the filing.
9.10 Subd. 6. Deduction from payment. In order to be eligible for compensation under
9.11this section, a bee owner must document that at the time of the loss the bee owner had
9.12insurance sufficient to cover up to 50 percent of the total value of the owner's colony.
9.13The commissioner must reduce payments made under this section by any compensation
9.14received by the bee owner as proceeds from an insurance policy or from another source.
9.15 Subd. 7. Appropriation. The amount necessary to pay claims under this section,
9.16not to exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory
9.17account in section 18B.05.
Sec. 11. [19.70] DEFINITIONS.
9.19 Subdivision 1. Scope. For the purposes of this chapter the terms defined in this
9.20section have the meanings given.
9.21 Subd. 2. Abandoned apiary. "Abandoned apiary" means any apiary not regularly
9.22attended in accordance with good beekeeping practices and which constitutes a disease or
9.23parasite hazard to the beekeeping industry.
9.24 Subd. 3. Africanized honeybees. "Africanized honeybees" means Africanized
9.25honeybees using United States Department of Agriculture standards.
9.26 Subd. 4. Bee diseases. "Bee diseases" means infectious, contagious, or harmful
9.27diseases including but not limited to: American or European foulbrood, sacbrood,
9.28chalkbrood, Nosema, bee paralysis, or abnormal condition of egg, larval, pupal, or adult
9.29stages of bees.
9.30 Subd. 5. Bee equipment. "Bee equipment" means hives, supers, frames, veils,
9.31gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling,
9.32moving, or manipulating of bees, honey, wax, or hives, including containers of honey or
9.33wax which may be used in an apiary or in transporting bees and their products and apiary
9.35 Subd. 6. Beekeeper. "Beekeeper" means a person who keeps bees.
10.1 Subd. 7. Beekeeping. "Beekeeping" means the moving, raising, and producing of
10.2bees, beeswax, honey, related products, and pollination.
10.3 Subd. 8. Commissioner. "Commissioner" means the commissioner of agriculture
10.4or the commissioner's authorized agents.
10.5 Subd. 9. Department. "Department" means the Department of Agriculture.
10.6 Subd. 10. Exotic parasite. "Exotic parasite" means any parasite harmful to bees
10.7including but not limited to: Varroa jacobsoni, Tropilaelaps clareae, or Acarapis woodi.
10.8 Subd. 11. Queen apiary. "Queen apiary" means any apiary or premises in which
10.9queen bees are reared or kept for sale or gift.
Sec. 12. Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:
Subd. 2. Zoological Garden.
The board shall acquire, construct, equip, operate
and maintain the Minnesota Zoological Garden at a site in Dakota County legally
described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
of adequate facilities and structures for the collection, habitation, preservation, care,
exhibition, examination or study of wild and domestic animals, including, but not limited
to mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board
may provide such lands, buildings and equipment as it deems necessary for parking,
transportation, entertainment, education or instruction of the public in connection with
such Zoological Garden. The Zoological Garden is the official pollinator bank for the state
10.20of Minnesota. For purposes of this subdivision, "pollinator bank" means a program to
10.21avert the extinction of pollinator species by cultivating insurance breeding populations.
Sec. 13. [87A.10] TRAP SHOOTING SPORTS FACILITY GRANTS.
10.23The commissioner of natural resources shall administer a program to provide
10.24cost-share grants to local recreational trap shooting clubs for up to 50 percent of the costs
10.25of developing or rehabilitating trap shooting sports facilities for public use. A facility
10.26rehabilitated or developed with a grant under this section must be open to the general
10.27public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner
10.28shall give preference to projects that will provide the most opportunities for youth.
Sec. 14. Minnesota Statutes 2012, section 115A.151, is amended to read:
10.30115A.151 RECYCLABLE MATERIAL CONTAINER REQUIREMENTS;
10.31PUBLIC ENTITIES, SPORTS FACILITIES, AND COMMERCIAL BUILDINGS.
(a) A public entity, the owner of a sports facility, and the owner of a commercial
(1) ensure that facilities under its control, from which mixed municipal solid waste
is collected, have containers for at least three recyclable materials, such as, but not limited
to, paper, glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a recycler.
(b) For the purposes of this section:
(1) "public entity" means the state, an office, agency, or institution of the state,
the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control
Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
town, a school district, a special taxing district, or any entity that receives an appropriation
from the state for a capital improvement project after August 1, 2002;
(2) "metropolitan agency" and "Metropolitan Council," have the meanings given
them in section
(3) "Metropolitan Mosquito Control Commission" means the commission created
11.15(4) "commercial building" means a building that contains a business classified in
11.16sectors 42 to 81 under the North American Industrial Classification System and that
11.17contracts for two cubic yards or more per week of solid waste collection; and
11.18(5) "sports facility" means a professional or collegiate sports facility at which
11.19competitions take place before a public audience
11.20EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 15. Minnesota Statutes 2012, section 115A.55, subdivision 4, is amended to read:
Subd. 4. Statewide source reduction goal.
(a) It is a goal of the state
11.23 be a minimum ten percent per capita reduction in the amount of mixed and counties to
11.24reduce the generation of
municipal solid waste
generated in the state by December 31,
11.25 2000, based on a reasonable estimate of the amount of mixed municipal solid waste that
11.26 was generated in calendar year 1993
(b) As part of the
report required under section
, the commissioner
shall submit to the senate and house of representatives committees having jurisdiction
over environment and natural resources and environment and natural resources finance
a proposed strategy for meeting the goal in paragraph (a). The strategy must include a
discussion of the different reduction potentials to be found in various sectors and may
include recommended interim goals. The commissioner shall report progress on meeting
the goal in paragraph (a), as well as recommendations and revisions to the proposed
strategy, as part of the
report required under section
12.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2012, section 115A.551, subdivision 1, is amended to read:
Subdivision 1. Definition.
(a) For the purposes of this section, "recycling" means,
in addition to the meaning given in section
115A.03, subdivision 25b
, yard waste and
12.5source-separated compostable materials
and recycling that occurs through
mechanical or hand separation of materials that are then delivered
for reuse in their
12.7 original form or
for use in manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.
(b) For the purposes of this section, "total solid waste generation" means the total
by weight of:
(1) materials separated for recycling;
(2) materials separated for yard waste and source-separated compostable materials
(3) mixed municipal solid waste plus
motor and vehicle fluids and
filters, tires, lead acid batteries, and major appliances; and
(4) residential and commercial
waste materials that would be mixed municipal solid
waste but for the fact that they are not collected as such.
12.18EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2012, section 115A.551, subdivision 2a, is amended to read:
Supplementary County recycling goals. (a)
By December 31,
, each county will have as a goal to recycle the following amounts:
(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation; and
(2) for a metropolitan county,
percent by weight of total solid waste generation.
Each county will develop and implement or require political subdivisions within
the county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.
12.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2012, section 115A.557, subdivision 2, is amended to read:
Subd. 2. Purposes for which money may be spent. (a)
A county receiving money
distributed by the commissioner under this section may use the money only for the
development and implementation of programs to:
(1) reduce the amount of solid waste generated;
(2) recycle the maximum amount of solid waste technically feasible;
(3) create and support markets for recycled products;
(4) remove problem materials from the solid waste stream and develop proper
disposal options for them;
(5) inform and educate all sectors of the public about proper solid waste management
(6) provide technical assistance to public and private entities to ensure proper solid
(7) provide educational, technical, and financial assistance for litter prevention;
(8) process mixed municipal solid waste generated in the county at a resource
recovery facility located in Minnesota; and
13.16(9) compost source-separated compostable materials, including the provision of
13.17receptacles for residential composting
13.18(b) Beginning in fiscal year 2015 and continuing thereafter, of any money distributed
13.19by the commissioner under this section to a metropolitan county, as defined in section
13.20473.121, subdivision 4, that exceeds the amount the county was eligible to receive under
13.21this section in fiscal year 2014: (1) at least 50 percent must be expended on activities
13.22in paragraph (a), clause (9); and (2) the remainder must be expended on activities in
13.23paragraph (a), clauses (1) to (7) and (9) that advance the county toward achieving its
13.24recycling goal under section 115A.551.
13.25EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2012, section 115A.557, subdivision 3, is amended to read:
Subd. 3. Eligibility to receive money.
(a) To be eligible to receive money distributed
by the commissioner under this section, a county shall within one year of October 4, 1989:
(1) create a separate account in its general fund to credit the money; and
(2) set up accounting procedures to ensure that money in the separate account is
spent only for the purposes in subdivision 2.
(b) In each following year, each county shall also:
(1) have in place an approved solid waste management plan or master plan including
a recycling implementation strategy under section
115A.551, subdivision 7
, and a
household hazardous waste management plan under section
115A.96, subdivision 6
by the dates specified in those provisions;
(2) submit a report by April 1 of each year to the commissioner, which may be
14.4submitted electronically and must be posted on the agency's Web site,
detailing for the
previous calendar year:
(i) how the money was spent including, but not limited to, specific recycling and
14.7composting activities undertaken to increase the county's proportion of solid waste
14.8recycled in order to achieve its recycling goal established in section 115A.551,
information on the number of employees performing SCORE planning, oversight, and
administration; the percentage of those employees' total work time allocated to SCORE
planning, oversight, and administration; the specific duties and responsibilities of those
employees; and the amount of staff salary for these SCORE duties and responsibilities of
the employees; and
(ii) the resulting gains achieved in solid waste management practices; and
(3) provide evidence to the commissioner that local revenue equal to 25 percent of
the money sought for distribution under this section will be spent for the purposes in
(c) The commissioner shall withhold all or part of the funds to be distributed
to a county under this section if the county fails to comply with this subdivision and
14.21EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 20. [347.57] DEFINITIONS.
14.23 Subdivision 1. Terms. The definitions in this section apply to sections 347.57
14.25 Subd. 2. Animal. "Animal" means a dog or a cat.
14.26 Subd. 3. Board. "Board" means the Board of Animal Health.
14.27 Subd. 4. Cat. "Cat" means a mammal that is wholly or in part of the species Felis
14.28domesticus. An adult cat is a cat 28 weeks of age or older. A kitten is a cat under 28
14.29weeks of age.
14.30 Subd. 5. Commercial breeder. "Commercial breeder" means a person who
14.31possesses or has an ownership interest in animals and is engaged in the business of
14.32breeding animals for sale or for exchange in return for consideration, and who possesses
14.33ten or more adult intact animals and whose animals produce more than five total litters of
14.34puppies or kittens per year.
15.1 Subd. 6. Confinement area. "Confinement area" means a structure used or
15.2designed for use to restrict an animal to a limited amount of space, such as a room, pen,
15.3cage, kennel, compartment, crate, or hutch.
15.4 Subd. 7. Dog. "Dog" means a mammal that is wholly or in part of the species Canis
15.5familiaris. An adult dog is a dog 28 weeks of age or older. A puppy is a dog under 28
15.6weeks of age.
15.7 Subd. 8. Facility. "Facility" means the place used by a commercial breeder for
15.8breeding animals, and includes all buildings, property, confinement areas, and vehicles.
15.9 Subd. 9. Local animal control authority. "Local animal control authority" means
15.10an agency of the state, county, municipality, or other political subdivision of the state that
15.11is responsible for animal control operations in its jurisdiction.
15.12 Subd. 10. Person. "Person" means a natural person, firm, partnership, corporation,
15.13or association, however organized.
15.14 Subd. 11. Possess. "Possess" means to have custody of or have control over.
15.15 Subd. 12. Veterinarian. "Veterinarian" means a veterinarian in good standing and
15.16licensed in the state of Minnesota.
Sec. 21. [347.58] LICENSING AND INSPECTIONS.
15.18 Subdivision 1. Licensing. (a) The board may grant an operating license to a
15.19commercial breeder and must enforce sections 347.58 to 347.64.
15.20 (b) Beginning July 1, 2015, a commercial breeder must obtain an annual license
15.21for each facility it owns or operates. More than one building on the same premises is
15.22considered one facility. The initial prelicense inspection fee and the annual license fee is
15.23$10 per adult intact animal, but each fee must not exceed $250.
15.24 (c) The board must perform an announced initial prelicense inspection within 60
15.25days from the date of receiving a license application. A commercial breeder is not in
15.26violation of this section if the commercial breeder has filed a completed license application
15.27with the board and the board has not performed the initial prelicense inspection. The
15.28board must inspect a commercial breeder's facility before an initial license is issued. The
15.29initial prelicense inspection fee must be included with the license application. Upon
15.30completion of the inspection, the inspector must provide the commercial breeder an
15.31inspection certificate signed by the inspector in a format approved by the board.
15.32 (d) The license application must indicate if a commercial breeder operates under
15.33more than one name from a single location or has an ownership interest in any other
15.34facility. License holders must keep separate records for each business name.
15.35 (e) The application must include a statement that includes the following information:
16.1 (1) whether any license held by an applicant under this section or under any other
16.2federal, state, county, or local law, ordinance, or other regulation relating to breeding cats
16.3or dogs was ever suspended, revoked, or denied; and
16.4 (2) whether the applicant was ever convicted of animal cruelty.
16.5 (f) An application from a partnership, corporation, or limited liability company must
16.6include the name and address of all partners, directors, officers, or members and must
16.7include a notation of any partners, directors, officers, members, or others authorized to
16.8represent the partnership, corporation, or limited liability company.
16.9 (g) A nonresident applicant must consent to adjudication of any violation under the
16.10laws of the state of Minnesota and in Minnesota courts.
16.11 (h) A license issued under this section is not transferable.
16.12 (i) A license holder must apply for license renewal annually by submitting a renewal
16.13application on a form approved by the board. The license renewal application must be
16.14postmarked or submitted electronically in a method approved by the board by July 1
16.15of each year. The board may assess a late renewal penalty of up to 50 percent of the
16.16license fee. If a license is not renewed by August 1, the board may require the commercial
16.17breeder to reapply for an initial license.
16.18 (j) A commercial breeder must submit to the board an annual report by July 1 on a
16.19form prepared by the board. The form must include the current number of cats and dogs at
16.20the facility on the date of the report, the number of animals during the preceding year that
16.21were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased from
16.22other causes, and any other information required by the board.
16.23 (k) If a commercial breeder is required to be licensed by the United States
16.24Department of Agriculture, United States Department of Agriculture inspection reports
16.25and records relating to animal care plans and veterinary care must be made available
16.26during an inspection, upon request.
16.27 (l) A commercial breeder must prominently display the commercial breeder's license
16.28at each facility.
16.29(m) A commercial breeder's state license number or a symbol approved by the board
16.30must be included in all of the commercial breeder's advertisements or promotions that
16.31pertain to animals being sold or traded including, but not limited to, all newspapers,
16.32Internet, radio, or flyers.
16.33 (n) A commercial breeder must notify the board by certified mail or electronically
16.34in a method approved by the board within ten days of any change in address, name,
16.35management, or substantial control and ownership of the business or operation.
16.36 (o) The board must refuse to issue an initial license when a commercial breeder:
17.1(1) is in violation of section 343.21; 343.24; 343.27; 343.28; 343.31; 343.37; 346.37;
17.2346.38; 346.39; 346.44; or 346.155;
17.3(2) has failed to meet any of the requirements of this section and section 347.59;
17.4(3) is in violation of a local ordinance regarding breeders;
17.5 (4) has been convicted, other than a petty misdemeanor conviction, of cruelty to
17.6animals under Minnesota law or a substantially similar animal cruelty law of another
17.8 (5) has had a substantially similar license denied, revoked, or suspended by another
17.9federal or state authority within the last five years; or
17.10 (6) has falsified any material information requested by the board.
17.11 (p) A person who has been an officer, agent, direct family member, or employee of a
17.12commercial breeder whose license was revoked or suspended and who was responsible for
17.13or participated in the violation that was a basis for the revocation or suspension may not
17.14be licensed while the revocation or suspension is in effect.
17.15 Subd. 2. Inspections. (a) The board must inspect each licensed facility at least
17.16annually. The inspection must be with the commercial breeder or an agent of the
17.17commercial breeder present. The inspector must submit an inspection report to the board
17.18within ten days of each inspection on a form prepared by the board. The inspection report
17.19form must list separately each law, rule, regulation, and ordinance the facility is not in
17.20compliance with and what correction is required for compliance. The inspection report
17.21form must document the animal inventory on the date of the inspection.
17.22(b) If, after the prelicense inspection, the commercial breeder has two consecutive
17.23years of inspections with no violations, the board must inspect the commercial breeder at
17.24least every two years. If the commercial breeder has any violations during an inspection or
17.25if the board has cause, the board must inspect the commercial breeder at least annually.
17.26(c) If a license to operate is suspended, revoked, or denied, the board must be granted
17.27access to the facility during normal business hours to verify that it is not operating.
17.28 Subd. 3. Record requirements. (a) The commercial breeder must keep records on
17.29each animal at the facility that includes:
17.30(1) the name, address, and United States Department of Agriculture license number,
17.31if applicable, from whom an animal was received; the date the commercial breeder
17.32received the animal; the date of the animal's birth; the breed, sex, color, and identifying
17.33marks of the animal; any identifying tag, tattoo, microchip, or collar number; worming
17.34treatments, vaccinations, and name of the person who administered the vaccination;
17.35medication received by the animal while in the possession of the commercial breeder; and
17.36any disease conditions diagnosed by a veterinarian; and
18.1(2) the name and address of the person or entity to whom an animal was transferred.
18.2(b) The commercial breeder must maintain a copy of the records required to be
18.3kept under this subdivision for two years.
18.4 Subd. 4. Veterinary protocol. (a) A commercial breeder must establish and
18.5maintain a written protocol for disease control and prevention, euthanasia, and veterinary
18.6care of animals at each facility. The initial protocol must be developed under the direction
18.7and supervision of the board. A commercial breeder must maintain a written protocol that
18.8is updated at least every 12 months and that is signed and dated by the board or by a
18.9veterinarian along with the commercial breeder. The written protocol must be available to
18.10the board upon request or at the time of inspection.
18.11(b) An animal sold or otherwise distributed by a commercial breeder must be
18.12accompanied by a veterinary health certificate completed by a veterinarian. The certificate
18.13must be completed within 30 days prior to the sale or distribution and must indicate that
18.14the animal is current with vaccinations and has no signs of infectious or contagious
18.15diseases. The certificate accompanying an adult dog that was not spayed or neutered must
18.16indicate that the dog has no signs of infectious or contagious diseases and was tested for
18.17canine brucellosis with a test approved by the board and found to be negative.
18.18 Subd. 5. Posting of information. The board must maintain and post in a timely
18.19manner on its Web site a list of commercial breeders licensed and in good standing
18.20under this section.
Sec. 22. [347.59] STANDARDS OF CARE.
18.22 (a) A commercial breeder must comply with chapters 343 and 346.
18.23 (b) A commercial breeder must ensure that animals that are part of the commercial
18.24breeder's breeding business operations are cared for as follows:
18.25 (1) cats must not be housed in outdoor confinement areas;
18.26 (2) animals exercised in groups must be compatible and show no signs of contagious
18.27or infectious disease;
18.28 (3) females in estrus must not be housed in the same confinement area with
18.29unneutered males, except for breeding purposes;
18.30 (4) animals must be provided daily enrichment and must be provided positive physical
18.31contact with human beings and compatible animals at least twice daily unless a veterinarian
18.32determines such activities would adversely affect the health or well-being of the animal;
18.33 (5) animals must not be sold, traded, or given away before the age of eight weeks
18.34unless a veterinarian determines it would be in the best interests of the health or well-being
18.35of the animal;
19.1 (6) the commercial breeder must provide identification and tracking for each animal,
19.2which is not transferable to another animal; and
19.3 (7) the commercial breeder must provide adequate staff to maintain the facility and
19.4observe each animal daily to monitor each animal's health and well-being, and to properly
19.5care for the animals.
19.6 (c) A commercial breeder must not knowingly hire staff or independent contractors
19.7who have been convicted of cruelty to animals under the law of any jurisdiction.
19.8(d) A commercial breeder must comply with any additional standards the board
19.9considers necessary to protect the public health and welfare of animals covered under
19.10sections 347.57 to 347.61. The standards must be established by rule.
19.11(e) A United States Department of Agriculture (USDA) licensed breeder or dealer
19.12who is in compliance with the minimum USDA regulations governing the license holder
19.13as they relate to animal confinement areas as of the effective date of this section does not
19.14have to comply with the minimum confinement area measurements under section 346.39,
19.15subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If
19.16a USDA-licensed breeder or dealer builds a new confinement area after the effective date
19.17of this section, those minimum standards must meet or exceed the minimum specifications
19.18as they relate to confinement area size under section 346.39, subdivision 4.
Sec. 23. [347.60] INVESTIGATIONS.
19.20(a) The board must initiate an investigation upon receiving a formal complaint
19.21alleging violations of section 347.58 or 347.59.
19.22(b) When a local animal control authority, a peace officer, or a humane agent
19.23appointed under section 343.01 is made aware of an alleged violation under this chapter
19.24or chapter 343 or 346, committed by a commercial breeder, the local animal control
19.25authority, peace officer, or humane agent appointed under section 343.01 must report the
19.26alleged violation in a timely manner to the board.
Sec. 24. [347.61] CIVIL ENFORCEMENT.
19.28 Subdivision 1. Correction orders. (a) The board may issue a correction order
19.29requiring a commercial breeder to correct a violation of state statutes, rules, and
19.30regulations governing breeding facilities. The correction order must state the deficiencies
19.31that constitute the violation; the specific statute, rule, or regulation violated; and when
19.32the violation must be corrected.
19.33 (b) A commercial breeder may ask the board to reconsider any portion of the
19.34correction order that the commercial breeder believes is in error. The request for
20.1reconsideration must be made in writing by certified mail or electronically in a method
20.2approved by the board within seven days after receipt of the correction order. The
20.3request for reconsideration does not stay the correction order. The board must respond
20.4to the request for reconsideration within 15 days after receiving a request. The board's
20.5disposition of a request for reconsideration is final. The board may extend the time for
20.6complying with a correction order after receiving a request for reconsideration if necessary.
20.7 (c) The board must reinspect the facility within 15 days after the time for correcting
20.8the violation has passed to determine whether the violation has been corrected. If the
20.9violation has been corrected, the board must notify the commercial breeder in writing that
20.10the commercial breeder is in compliance with the correction order. The board may charge
20.11a reinspection fee to determine if a previous violation has been corrected.
20.12 Subd. 2. Administrative penalty orders. After the inspection required under
20.13subdivision 1, paragraph (c), the board may issue an order requiring violations to
20.14be corrected and administratively assessing monetary penalties for violations. The
20.15administrative penalty order must include a citation of the statute, rule, or regulation
20.16violated; a description of the violation; and the amount of the penalty for each violation. A
20.17single correction order may assess a maximum administrative penalty of $5,000.
20.18 Subd. 3. Injunctive relief. In addition to any other remedy provided by law, the
20.19board may bring an action for injunctive relief in the district court in Ramsey County or in
20.20the county in which a violation of the statutes, rules, or regulations governing the breeding
20.21of cats and dogs occurred to enjoin the violation.
20.22 Subd. 4. Cease and desist. The board must issue an order to cease a practice if its
20.23continuation would result in an immediate risk to animal welfare or public health. An
20.24order issued under this subdivision is effective for a maximum of 72 hours. The board or
20.25its designated agent must seek an injunction or take other administrative action authorized
20.26by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order
20.27does not preclude other enforcement action by the board.
20.28 Subd. 5. Refusal to reissue license; license suspension or revocation. (a) The
20.29board may suspend, revoke, or refuse to renew a license as follows:
20.30 (1) for failure to comply with a correction order;
20.31 (2) for failure to pay an administrative penalty;
20.32 (3) for failure to meet the requirements of section 347.58 or 347.59; or
20.33 (4) for falsifying information requested by the board.
20.34A license suspension, revocation, or nonrenewal may be appealed through the Office of
20.35Administrative Hearings. A notice of intent to appeal must be filed in writing with the
20.36board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.
21.1 (b) The board must revoke a license if a commercial breeder has been convicted
21.2of cruelty to animals under Minnesota law or a substantially similar animal cruelty law
21.3of another jurisdiction, or for the denial, revocation, or suspension of a similar license
21.4by another federal or state authority. A license revocation under this subdivision may be
21.5appealed through the Office of Administrative Hearings. A notice of intent to appeal must
21.6be filed in writing with the board within 20 days after receipt of the notice of revocation.
21.7 (c) A commercial breeder whose license is revoked may not reapply for licensure for
21.8two years after the date of revocation. The license is permanently revoked if the basis for
21.9the revocation was a gross misdemeanor or felony conviction for animal cruelty.
21.10 (d) A commercial breeder whose license is suspended or revoked two times is
21.11permanently barred from licensure.
21.12 Subd. 6. Administrative hearing rights. (a) Except as provided in paragraph
21.13(b), if the board proposes to refuse to renew, suspend, or revoke a license, the board
21.14must first notify the commercial breeder in writing of the proposed action and provide an
21.15opportunity to request a hearing under the contested case provisions of chapter 14. If the
21.16commercial breeder does not request a hearing within 20 days after receipt of the notice of
21.17the proposed action, the board may proceed with the action without a hearing.
21.18 (b) The contested case provisions of chapter 14 do not apply when the board denies
21.19a license based on an applicant's failure to meet the minimum qualifications for licensure.
21.20 (c) A commercial breeder may appeal the amount of an administrative penalty
21.21order through the Office of Administrative Hearings pursuant to the procedures set forth
21.22in chapter 14. A commercial breeder wishing to file an appeal must notify the board in
21.23writing within 20 days after receipt of the administrative penalty order.
21.24 Subd. 7. Other jurisdictions. The board may accept as prima facie evidence of
21.25grounds for an enforcement action under this section any enforcement or disciplinary
21.26action from another jurisdiction, if the underlying violation would be grounds for a
21.27violation under the provisions of this section.
21.28 Subd. 8. Appeals. A final order by the board may be appealed to the Minnesota
21.29Court of Appeals.
Sec. 25. [347.615] BIOSECURITY; ENTRY INTO FACILITIES.
21.31No law enforcement officer, agent of the board, or other official may enter a
21.32commercial breeder facility unless the person follows either the biosecurity procedure
21.33issued by the board or a reasonable biosecurity procedure maintained and prominently
21.34posted by the commercial breeder at each entry to a facility, whichever is more stringent.
21.35This section does not apply in emergency or exigent circumstances.
Sec. 26. [347.62] PENALTIES.
22.2 (a) A violation of section 347.58 or 347.59 that results in cruelty or torture to an
22.3animal, as those terms are defined in section 343.20, subdivision 3, is subject to the
22.4penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.
22.5 (b) It is a misdemeanor to falsify information in a license application, annual report,
22.7 (c) It is a misdemeanor for an unlicensed commercial breeder to advertise animals
22.9(d) It is a misdemeanor for a commercial breeder to operate without a license.
Sec. 27. [347.63] DOG AND CAT BREEDERS LICENSING ACCOUNT;
22.12A dog and cat breeders licensing account is created in the special revenue fund.
22.13All fees and penalties collected by the board under sections 347.58 to 347.62 must be
22.14deposited in the state treasury and credited to the dog and cat breeders licensing account
22.15in the special revenue fund. Money in the account, including interest on the account, is
22.16annually appropriated to the board to administer those sections.
Sec. 28. [347.64] APPLICABILITY.
22.18Sections 347.57 to 347.63 do not apply to:
22.19(1) any species other than dogs and cats as they are defined in section 347.57; and
22.20(2) veterinary clinics or veterinary hospitals.
Sec. 29. Laws 2012, chapter 249, section 11, is amended to read:
Sec. 11. COSTS OF SCHOOL TRUST LANDS DIRECTOR AND
22.23LEGISLATIVE PERMANENT SCHOOL FUND COMMISSION.
(a) The costs of the school trust lands director, including the costs of hiring staff,
and the Legislative Permanent School Fund Commission for fiscal years 2014
shall be from the state forest
account under Minnesota
, and from the minerals management account under Minnesota
, as appropriated by the legislature
(b) The school trust lands director and the Legislative Permanent School Fund
Commission shall submit to the
legislature a proposal to fund the operational
costs of the Legislative Permanent School Fund Commission and school trust lands
director and staff with a cost certification method using revenues generated by the
permanent school fund lands.
23.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 30. RECOGNITION; COMMERCIAL BREEDER EXCELLENCE.
23.3The Board of Animal Health, in consultation with representatives of the licensed
23.4commercial breeder industry, must develop a program to recognize persons who
23.5demonstrate commercial breeder excellence and exceed the standards and practices
23.6required of commercial breeders under this act.
Sec. 31. REGISTRATION; INITIAL PRELICENSE INSPECTIONS.
23.8 Subdivision 1. Commercial breeder registration. Beginning July 1, 2014, until
23.9June 30, 2015, a commercial breeder must register each facility it owns or operates by
23.10paying a registration fee not to exceed $250 per facility to the Board of Animal Health.
23.11 Subd. 2. Initial prelicense inspections. Beginning July 1, 2014, the board may
23.12begin the initial prelicense inspections under Minnesota Statutes, section 347.58.
23.13 Subd. 3. Deposits of fees. Fees collected under this section must be deposited in the
23.14dog and cat breeders licensing account in the special revenue fund.
Sec. 32. BEE VALUATION PROTOCOL REQUIRED.
23.16No later than January 1, 2015, the commissioner of agriculture must report to
23.17the house of representatives and senate committees with jurisdiction over agriculture
23.18finance the protocol that the commissioner developed, in consultation with experts, for
23.19determining the fair market value of bees, hives, colonies, apiaries, and queen apiaries for
23.20purposes of compensation under section 18B.055.
Sec. 33. TERRESTRIAL PLANTS AND PESTS CENTER.
23.22 Subdivision 1. Establishment. The Board of Regents of the University of Minnesota
23.23is requested to establish an Invasive Terrestrial Plants and Pests Center to prevent and
23.24minimize the threats posed by terrestrial invasive plants, other weeds, pathogens, and
23.25pests in order to protect the state's prairies, forests, wetlands, and agricultural resources.
23.26With the approval of the board, the College of Food, Agricultural and Natural Resource
23.27Science, in coordination with the College of Biological Sciences, shall administer the
23.28center utilizing the following departments:
23.30(2) Plant Pathology;
23.31(3) Forest Resources;
24.1(4) Horticultural Science;
24.2(5) Fisheries Wildlife and Conservation Biology;
24.3(6) Agronomy and Plant Genetics;
24.4(7) Plant Biology; and
24.5(8) Ecology, Evolution, and Behavior.
24.6The college may also utilize the following research and outreach centers in
24.7achieving the purposes of this section: Cloquet Forestry Center; North Central Research
24.8and Outreach Center; Northwest Research and Outreach Center; Southern Research and
24.9Outreach Center; Southwest Research and Outreach Center; West Central Research and
24.10Outreach Center; Rosemount Research and Outreach Center; Horticultural Research
24.11Center; and Sand Plain Research Center.
24.12 Subd. 2. Purpose. The purpose of the Invasive Terrestrial Plants and Pests Center is
24.13to research and develop effective measures to prevent and minimize the threats posed by
24.14terrestrial invasive plants, pathogens, and pests, including agricultural weeds and pests, in
24.15order to protect the state's native prairies, forests, wetlands, and agricultural resources, by:
24.16(1) creating a prioritized list of pest and plant species that threaten the state's prairies,
24.17forests, wetlands, and agricultural resources and making the list publicly accessible; and
24.18(2) conducting research focused on the species included on the prioritized list
24.19developed under this subdivision that includes:
24.20(i) development of new control methods, including biocontrols;
24.21(ii) development of integrated pest management tools that minimize nontarget
24.23(iii) research projects focused on establishment prevention, early detection, and
24.25(iv) an analysis of any consequences related to the management of prioritized species
24.26to the state's water, pollinators, and native prairies and other native species; and
24.27(v) reports on the results that are made publicly accessible.
24.28 Subd. 3. Report. By January 15, each year as a condition of the appropriation
24.29provided under this act, the Board of Regents of the University of Minnesota shall submit
24.30a report to the chairs and ranking minority members of the house of representatives and
24.31senate committees and divisions with jurisdiction over the environment and natural
24.32resources and agriculture on: (1) the activities and outcomes of the center; and (2) any
24.33recommendations for additional funding for education, implementation, or other activities.
Sec. 34. REPEALER.
25.1Minnesota Statutes 2012, section 115A.551, subdivision 2, is repealed.
Amend the title accordingly