HF 3262

as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 09:41am

A bill for an act
relating to agriculture; modifying the compensation program for livestock
crippled or destroyed by a gray wolf; amending Minnesota Statutes 2008,
section 3.737, subdivision 4; Minnesota Statutes 2009 Supplement, section
3.737, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 3.737, subdivision 1, is
amended to read:

Subdivision 1.

Compensation required.

(a) Notwithstanding section 3.736,
subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated
by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
crippled by a gray wolf that it must be destroyed. Except as provided in this section, the
owner is entitled to the fair market value of the destroyed livestock as determined by the
commissioner, upon recommendation of a university extension agent deleted text begin or a conservation
officer deleted text end . In any fiscal year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to $20,000,
as determined under this section. In any fiscal year, the commissioner may provide
compensation for claims filed under this section up to the amount expressly appropriated
for this purpose.

(b) deleted text begin Either the agent or deleted text end The conservation officer new text begin , United States Department
of Agriculture Animal and Plant Health Inspection Service official, or county law
enforcement officer new text end must make a personal inspection of the site new text begin and submit a report to
the commissioner detailing the results of the investigation new text end . deleted text begin The agent or the conservation
officer must take into account factors in addition to a visual identification of a carcass
when making a recommendation to the commissioner. deleted text end The commissioner, upon
recommendation of the deleted text begin agent or deleted text end conservation officer new text begin or United States Department of
Agriculture Animal and Plant Health Inspection Service official new text end , shall determine whether
the livestock was destroyed by a gray wolf and any deficiencies in the owner's adoption
of the best management practices developed in subdivision 5. The commissioner may
authorize payment of claims only if the agent deleted text begin or the conservation officer deleted text end has recommended
payment. The owner shall file a claim on forms provided by the commissioner and
available at the university extension agent's office.

Sec. 2.

Minnesota Statutes 2008, section 3.737, subdivision 4, is amended to read:

Subd. 4.

Payment; denial of compensation.

(a) If the commissioner finds that the
livestock owner has shown that the loss of the livestock was likely caused by a gray
wolf, the commissioner shall pay compensation as provided in this section and in the
rules of the department.

(b) For a gray wolf depredation claim submitted by a livestock owner after
September 1, 1999, the commissioner shall, based on the report from the university
extension agent deleted text begin and conservation officer deleted text end , evaluate the claim for conformance with
the best management practices developed by the commissioner in subdivision 5. The
commissioner must provide to the livestock owner an itemized list of any deficiencies
in the livestock owner's adoption of best management practices that were noted in the
university extension agent's deleted text begin or conservation officer's deleted text end report.

(c) If the commissioner denies compensation claimed by an owner under this section,
the commissioner shall issue a written decision based upon the available evidence. It shall
include specification of the facts upon which the decision is based and the conclusions on
the material issues of the claim. A copy of the decision shall be mailed to the owner.

(d) A decision to deny compensation claimed under this section is not subject to
the contested case review procedures of chapter 14, but may be reviewed upon a trial de
novo in a court in the county where the loss occurred. The decision of the court may be
appealed as in other civil cases. Review in court may be obtained by filing a petition for
review with the administrator of the court within 60 days following receipt of a decision
under this section. Upon the filing of a petition, the administrator shall mail a copy to the
commissioner and set a time for hearing within 90 days of the filing.