HF 1402

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/26/2025 01:43 p.m.

A bill for an act
relating to agriculture; modifying wolf depredation compensation program;
modifying compensation program for crop or fence damage caused by elk;
appropriating money; amending Minnesota Statutes 2024, sections 3.737,
subdivisions 1, 3, 5; 3.7371, subdivisions 1a, 2a, 2b, 3, 5; repealing Minnesota
Statutes 2024, sections 3.737, subdivision 4; 3.7371, subdivision 6.

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

Section 1.

Minnesota Statutes 2024, 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 new text begin or a pet new text end that is destroyed by a wolf or is so crippled
by a 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 deleted text begin as determined by the commissioner, upon
recommendation of the fair market value by a university extension agent. 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 deleted text end new text begin or pet new text end .

(b) A university extension agent, a conservation officer, an official from the Animal and
Plant Health Inspection Service of the United States Department of Agriculture, a peace
officer from the county sheriff's office, or a licensed veterinarian must make a personal
inspection of the site and submit a report to the commissioner, including photographs,
detailing the results of the investigation. deleted text begin The investigator must take into account factors in
addition to a visual identification of a carcass when making a recommendation to the
commissioner. The commissioner, upon recommendation of the investigator, shall determine
whether the livestock was destroyed by a wolf. The owner shall file a claim on forms
provided by the commissioner and available at the university extension agent's office.
deleted text end

new text begin (c) The commissioner must pay a claim filed under this section upon receipt of an
investigative report.
new text end

Sec. 2.

Minnesota Statutes 2024, section 3.737, subdivision 3, is amended to read:

Subd. 3.

Rules.

The commissioner shall adopt and may amend rules to carry out this
section which shall include: methods of valuation of livestock new text begin or pets new text end destroyed; deleted text begin criteria
for determination of the cause for livestock loss; deleted text end notice requirements by the owner of
destroyed livestock; and other matters determined necessary by the commissioner to carry
out this section.

Sec. 3.

Minnesota Statutes 2024, section 3.737, subdivision 5, is amended to read:

Subd. 5.

Wolf best management practices.

deleted text begin By September 1, 1999, the commissioner
must develop best management practices to prevent wolf depredation on livestock farms. deleted text end
The commissioner shall periodically update the best management practices new text begin to prevent wolf
depredation of livestock and pets new text end when new practices are found by the commissioner to
prevent wolf depredation on livestock farms. The commissioner must provide an updated
copy of the best management practices for wolf depredation to all livestock owners who
are still engaged in livestock farming and have previously submitted livestock claims under
this section.

Sec. 4.

Minnesota Statutes 2024, section 3.7371, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given.

(b) "Approved agent" means a new text begin peace officer from the county sheriff's office or a new text end person
authorized by the Department of Agriculture to determine if crop or fence damage was
caused by elk and to assign a monetary value to the crop or fence damage.

(c) "Commissioner" means the commissioner of agriculture or the commissioner's
authorized representative.

(d) "Estimated value" means the current value of crops or fencing as determined by an
approved agent.

(e) "Owner" means an individual, firm, corporation, copartnership, or association with
an interest in crops or fencing damaged by elk.

Sec. 5.

Minnesota Statutes 2024, section 3.7371, subdivision 2a, is amended to read:

Subd. 2a.

Investigation and crop valuation.

(a) Upon receiving notification of crop or
fence damage suspected to be caused by elk, an approved agent must deleted text begin promptly investigate
the damage in a timely manner. An approved agent must make written findings on the claim
form regarding whether the crop or fence was destroyed or damaged by elk. The approved
agent's findings must be based on physical and circumstantial evidence, including: deleted text end new text begin conduct
a personal inspection of the site.
new text end

deleted text begin (1) the condition of the crop or fence;
deleted text end

deleted text begin (2) the presence of elk tracks;
deleted text end

deleted text begin (3) the geographic area of the state where the crop or fence damage occurred;
deleted text end

deleted text begin (4) any sightings of elk in the area; and
deleted text end

deleted text begin (5) any other circumstances that the approved agent considers to be relevant.
deleted text end

deleted text begin (b) The absence of affirmative evidence may be grounds for denial of a claim.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end On a claim form, an approved agent must make written findings of the extent of
crop or fence damage and, if applicable, the amount of crop destroyed.

deleted text begin (d) deleted text end new text begin (c) new text end For damage to standing crops, an owner may choose to have the approved agent
use the method in clause (1) or (2) to complete the claim form and determine the amount
of crop loss:

(1) to submit a claim form to the commissioner at the time that the suspected elk damage
is discovered, the approved agent must record on the claim form: (i) the field's potential
yield per acre; (ii) the field's average yield per acre that is expected on the damaged acres;
(iii) the estimated value of the crop; and (iv) the total amount of loss. Upon completing the
claim form, the approved agent must submit the form to the commissioner; or

(2) to submit a claim form to the commissioner at the time that the crop is harvested,
the approved agent must record on the claim form at the time of the investigation: (i) the
percent of crop loss from damage; (ii) the actual yield of the damaged field when the crop
is harvested; (iii) the estimated value of the crop; and (iv) the total amount of loss. Upon
completing the claim form, the approved agent must submit the form to the commissioner.

deleted text begin (e) deleted text end new text begin (d) new text end For damage to stored crops, an approved agent must record on the claim form:
(1) the type and volume of destroyed stored crops; (2) the estimated value of the crop; and
(3) the total amount of loss.

deleted text begin (f) deleted text end new text begin (e) new text end For damage to fencing, an approved agent must record on the claim form: (1) the
type of materials damaged; (2) the linear feet of the damage; (3) the value of the materials
per unit according to National Resource Conservation Service specifications; and (4) the
calculated total damage to the fence.

Sec. 6.

Minnesota Statutes 2024, section 3.7371, subdivision 2b, is amended to read:

Subd. 2b.

Claim form.

A completed claim form must be signed by the owner and an
approved agent. An approved agent must submit the claim form to the commissioner for
deleted text begin the commissioner's review and deleted text end payment. The commissioner deleted text begin must deleted text end new text begin may new text end return an incomplete
claim form to the approved agent. When returning an incomplete claim form to an approved
agent, the commissioner must indicate which information is missing from the claim form.

Sec. 7.

Minnesota Statutes 2024, section 3.7371, subdivision 3, is amended to read:

Subd. 3.

Compensation.

(a) deleted text begin An owner is entitled to the estimated value of the damaged
or destroyed crop or fence. Verification of crop or fence damage by elk may be provided
by submitting photographs or other evidence and documentation using forms prescribed by
the commissioner. The commissioner, upon recommendation of the commissioner's approved
agent, shall determine whether the crop damage or destruction or damage to or destruction
of a fence surrounding a crop or pasture is caused by elk and, if so, the amount of the crop
or fence that is damaged or destroyed. In any fiscal year, an owner may not be compensated
for a damaged or destroyed crop or fence surrounding a crop or pasture that is less than
$100 in value and may be compensated up to $20,000, as determined under this section.
An owner may not be compensated more than $1,800 per fiscal year for damage to fencing
surrounding a crop or pasture. deleted text end new text begin The commissioner must pay a claim filed under this section
upon receipt of a completed claim form.
new text end

(b) In any fiscal year, the commissioner may provide compensation for claims filed
under this section up to the amount expressly appropriated for this purpose.

Sec. 8.

Minnesota Statutes 2024, section 3.7371, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Decision on claims; deleted text end Opening land to hunting.

deleted text begin If the commissioner finds that
the owner has shown that the damage or destruction of the owner's crop or damage to or
destruction of a fence surrounding a crop or pasture was caused more probably than not by
elk, the commissioner shall pay compensation as provided in this section and the rules of
the commissioner. deleted text end An owner who receives compensation under this section may, by written
permission, permit hunting on the land at the landowner's discretion.

Sec. 9. new text begin APPROPRIATIONS.
new text end

new text begin (a) $2,500,000 in fiscal year 2026 and $2,500,000 in fiscal year 2027 are appropriated
from the general fund to the commissioner of agriculture for compensation of livestock
owners for destroyed or crippled livestock under Minnesota Statutes, section 3.737.
new text end

new text begin (b) $2,500,000 in fiscal year 2026 and $2,500,000 in fiscal year 2027 are appropriated
from the general fund to the commissioner of agriculture for compensation for crop damage
under Minnesota Statutes, section 3.7371.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 3.737, subdivision 4; and 3.7371, subdivision 6, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-02472

3.737 LIVESTOCK OWNERS; COMPENSATION FOR DESTROYED OR CRIPPLED ANIMALS.

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 wolf, the commissioner shall pay compensation as provided in this section and in the rules of the department.

(b) 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.

(c) 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.

3.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY ELK.

Subd. 6.

Denial of claim; appeal.

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

(b) A decision denying compensation claimed under this section is not subject to the contested case review procedures of chapter 14, but an owner may have the claim reviewed in 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 after the filing.