HF 1411

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to agriculture; prohibiting the importation, 
  1.3             ownership, or possession of Eurasian wild hogs; 
  1.4             providing compensation for affected owners; amending 
  1.5             Minnesota Statutes 1994, section 17.457, subdivisions 
  1.6             1, 2, and 6; repealing Minnesota Statutes 1994, 
  1.7             section 17.457, subdivisions 3, 4, 5, 7, 8, 9, and 10. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 17.457, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.12  subdivision apply to this section. 
  1.13     (b) "Commissioner" means the commissioner of agriculture. 
  1.14     (c) "Restricted species" "Eurasian wild hogs" means 
  1.15  Eurasian wild pigs hogs and their hybrids (Sus scrofa subspecies 
  1.16  and Sus scrofa hybrids), commonly known as wild hogs or Russian 
  1.17  wild boars, excluding domestic hogs (S. scrofa domesticus). 
  1.18     (d) "Release" means an intentional introduction or escape 
  1.19  of a species from the control of the owner or responsible party 
  1.20  Eurasian wild hogs into Minnesota. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 17.457, 
  1.22  subdivision 2, is amended to read: 
  1.23     Subd. 2.  [IMPORTATION; POSSESSION; RELEASE OF RESTRICTED 
  1.24  SPECIES.] After the effective date of this section, it is 
  1.25  unlawful to import Eurasian wild hogs into Minnesota.  After 
  1.26  July 1, 1995, it is unlawful for a person to import, possess, 
  2.1   propagate, transport, or release restricted species Eurasian 
  2.2   wild hogs in Minnesota, except as provided in subdivision 3 that 
  2.3   a person may import, transport, and possess Eurasian wild hogs 
  2.4   for a period not to exceed 48 hours exclusively for purposes of 
  2.5   slaughtering the animals for human consumption. 
  2.6      Sec. 3.  Minnesota Statutes 1994, section 17.457, 
  2.7   subdivision 6, is amended to read: 
  2.8      Subd. 6.  [PENALTY.] A person who violates subdivision 2, 
  2.9   4, or 7 is guilty of a misdemeanor. 
  2.10     Sec. 4.  [INDEMNIFICATION.] 
  2.11     (a) A person with a valid permit issued by the commissioner 
  2.12  under Minnesota Statutes 1994, section 17.457, subdivision 3, is 
  2.13  eligible for indemnification for the value of Eurasian wild hogs 
  2.14  owned and held within the state on the effective date of section 
  2.15  2.  The claim against the state must represent the difference 
  2.16  between the value of the animals on the effective date of 
  2.17  section 2 and the documented value actually received by the 
  2.18  owner when the animals are slaughtered, relocated from the 
  2.19  state, or otherwise disposed of under subdivision 2.  The total 
  2.20  predisposal value of the animals is presumed to be $200 per 
  2.21  head.  An owner may appeal the presumed value to the 
  2.22  commissioner of agriculture.  In case of an appeal on value, the 
  2.23  value of each head in a herd must be determined through 
  2.24  negotiation between the owner or an authorized representative of 
  2.25  the owner and the commissioners of agriculture and natural 
  2.26  resources. 
  2.27     (b) In case of a dispute concerning whether an animal is a 
  2.28  Eurasian wild hog, the actual breed must be determined after 
  2.29  examination of the animal by a swine expert selected by the 
  2.30  board. 
  2.31     (c) A claim for indemnification must be submitted to the 
  2.32  legislative joint subcommittee on claims not later than March 
  2.33  15, 1996. 
  2.34     Sec. 5.  [REPEALER.] 
  2.35     Minnesota Statutes 1994, section 17.457, subdivisions 3, 4, 
  2.36  5, 7, 8, 9, and 10, are repealed. 
  3.1      Sec. 6.  [EFFECTIVE DATE.] 
  3.2      Sections 1 to 3 are effective the day following final 
  3.3   enactment.