1.1Senator Wesenberg moved to amend
S.F. No. 3 as follows (...):
1.2Page 24, line 26, delete "
10,499,000" and insert "
9,862,000" and delete "
9,437,000" and
1.3insert "
8,892,000"
1.4Page 25, line 28, delete "
$3,532,000" and insert "
$2,895,000" and delete "
$3,532,000"
1.5and insert "
$2,987,000"
1.6Page 25, line 33, delete everything after the period
1.7Page 25, delete lines 34 and 35
1.8Page 26, delete lines 1 and 2
1.9Page 36, after line 13, insert:
1.10
|
"Sec. 11.BOARD OF ANIMAL HEALTH
|
$
|
637,000
|
$
|
545,000
|
1.11$637,000 the first year and $545,000 the
1.12second year are for administering and
1.13enforcing the statutes and rules for farmed
1.14white-tailed deer."
1.15Page 131, after line 2, insert:
1.16 "Section 1. Minnesota Statutes 2024, section 35.155, subdivision 4, is amended to read:
1.17 Subd. 4.
Fencing. Farmed Cervidae must be confined in a manner designed to prevent
1.18escape. All perimeter fences for farmed Cervidae must be at least 96 inches in height
and
1.19be constructed and maintained in a way that prevents the escape of farmed Cervidae,
entry
1.20into the premises by free-roaming Cervidae, and physical contact between farmed Cervidae
1.21and free-roaming Cervidae. The Board of Animal Health
or commissioner of natural
1.22resources may determine whether the construction and maintenance of fencing is adequate
1.23to prevent physical contact or escape under this subdivision and may compel corrective
1.24action when fencing is determined to be inadequate. All new fencing installed and
all fencing
1.25used to repair deficiencies must be high tensile. All entry areas for farmed Cervidae
enclosure
1.26areas must have two redundant gates, which must be maintained to prevent the escape
of
1.27animals through an open gate. If a fence deficiency allows entry or exit by farmed
or wild
1.28Cervidae, the owner must immediately repair the deficiency. All other deficiencies
must be
1.29repaired within a reasonable time, as determined by the Board of Animal Health, not
to
1.30exceed 14 days. If a fence deficiency is detected during an inspection, the facility
must be
1.31reinspected at least once in the subsequent three months. The farmed Cervidae owner
must
1.32pay a reinspection fee equal to one-half the applicable annual inspection fee under
subdivision
2.17a for each reinspection related to a fence violation. If the facility experiences
more than
2.2one escape incident in any six-month period or fails to correct a deficiency found
during
2.3an inspection, the board may revoke the facility's registration and order the owner
to remove
2.4or destroy the animals as directed by the board. If the board revokes a facility's
registration,
2.5the commissioner of natural resources may seize and destroy animals at the facility.
2.6 Sec. 2. Minnesota Statutes 2024, section 35.155, subdivision 7, is amended to read:
2.7 Subd. 7.
Inspection. (a) The Board of Animal Health must annually inspect farmed
2.8Cervidae, farmed Cervidae facilities, and farmed Cervidae records. As coordinated
by the
2.9board, the commissioner of agriculture and an enforcement officer as defined under
section
2.1097A.015, subdivision 18, may participate in the inspection.
2.11(b) The annual inspection must include a physical inspection of all perimeter fencing
2.12around the facility and a viewing to verify that all animals are tagged. The owner
of a farmed
2.13Cervidae facility must present to the inspectors an accurate inventory of the owner's
farmed
2.14Cervidae and other records for review. During an annual inspection, the owner must
present
2.15individual animals in a herd for a physical inventory, if required by the board.
2.16(c) The commissioner of natural resources may inspect farmed Cervidae, farmed Cervidae
2.17facilities, and farmed Cervidae records with reasonable suspicion that laws protecting
native
2.18wild animals have been violated and must notify the owner in writing at the time of
the
2.19inspection of the reason for the inspection and must inform the owner in writing after
the
2.20inspection of whether (1) the cause of the inspection was unfounded; or (2) there
will be an
2.21ongoing investigation or continuing evaluation.
2.22(d) The commissioner of natural resources may inspect farmed white-tailed deer according
2.23to the concurrent authority granted under subdivision 14.
2.24 Sec. 3. Minnesota Statutes 2024, section 35.155, subdivision 11, is amended to read:
2.25 Subd. 11.
Mandatory surveillance for chronic wasting disease; depopulation. (a)
2.26An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
2.27and filed with the Board of Animal Health every 12 months.
2.28(b) Movement of farmed Cervidae from any premises to another location must be reported
2.29to the Board of Animal Health within 14 days of the movement on forms approved by
the
2.30Board of Animal Health. A person must not move farmed white-tailed deer from a herd
that
2.31tests positive for chronic wasting disease from any premises to another location.
3.1(c) All animals from farmed Cervidae herds that are over six months of age that die
or
3.2are slaughtered must be tested for chronic wasting disease.
3.3(d) The owner of a premises where chronic wasting disease is detected must:
3.4(1) allow and cooperate with inspections of the premises as determined by the Board
of
3.5Animal Health
and Department of Natural Resources conservation officers and wildlife
3.6managers;
3.7(2) depopulate the premises of Cervidae after the federal indemnification process
has
3.8been completed or, if an indemnification application is not submitted, within 30 days;
3.9(3) maintain the fencing required under subdivision 4 on the premises for ten years
after
3.10the date of detection;
3.11(4) post the fencing on the premises with biohazard signs as directed by the board;
3.12(5) not raise farmed Cervidae on the premises for at least ten years;
3.13(6) before signing an agreement to sell or transfer the property, disclose in writing
to
3.14the buyer or transferee the date of depopulation and the requirements incumbent upon
the
3.15premises and the buyer or transferee under this paragraph; and
3.16(7) record with the county recorder or registrar of titles, as appropriate, in the
county
3.17where the premises is located a notice, in the form required by the board, that meets
the
3.18recording requirements of sections
507.093 and
507.24 and includes the nearest address
3.19and the legal description of the premises, the date of detection, the date of depopulation,
3.20the landowner requirements under this paragraph, and any other information required
by
3.21the board. The legal description must be the legal description of record with the
county
3.22recorder or registrar of titles and must not otherwise be the real estate tax statement
legal
3.23description of the premises. The notice expires and has no effect ten years after
the date of
3.24detection stated in the notice. The registrar of titles must omit an expired notice
from future
3.25certificates of title.
3.26(e) An owner of farmed Cervidae that test positive for chronic wasting disease is
3.27responsible for proper disposal of the animals, as determined by the board."
3.28Page 151, after line 16, insert:
3.29 "Sec. 31.
TRANSFER OF DUTIES; FARMED WHITE-TAILED DEER.
3.30(a) Responsibility for administering and enforcing the statutes and rules listed in
clauses
3.31(1) and (2) for farmed white-tailed deer are, except as provided in paragraph (b),
transferred
4.1pursuant to Minnesota Statutes, section 15.039, from the commissioner of natural resources
4.2to the Board of Animal Health:
4.3(1) Minnesota Statutes, sections 35.153 to 35.156; and
4.4(2) Minnesota Rules, parts 1721.0370 to 1721.0420.
4.5(b) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, personnel must
4.6not be transferred pursuant to this section."
4.7Page 151, delete section 28 and insert:
4.8 "Sec. 32.
REPEALER.
4.9(a) Minnesota Statutes 2024, section 97B.318, is repealed.
4.10(b) Minnesota Statutes 2024, section 103E.067, is repealed.
4.11(c) Minnesota Statutes 2024, section 35.155, subdivision 15, is repealed.
4.12EFFECTIVE DATE.Paragraph (a) is effective January 1, 2026."
4.13Renumber the sections in sequence and correct the internal references
4.14Amend the title accordingly
4.15Correct the subdivision and section totals and the appropriations by fund
4.16The motion prevailed. #did not prevail. So the amendment was #not adopted.