HF 2140

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/21/2023 09:02am

A bill for an act
relating to agriculture; requiring compensation for an agricultural crop damaged
or destroyed by wild white-tailed deer; requiring rulemaking; requiring a report;
appropriating money; proposing coding for new law in Minnesota Statutes, chapter
3.

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

Section 1.

new text begin [3.7375] COMPENSATION FOR CROP DAMAGE CAUSED BY DEER.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Notwithstanding section 3.736, subdivision 3, paragraph
(e), or any other law, the commissioner of agriculture must compensate a person who owns
an agricultural crop, including but not limited to a stored forage crop, that is damaged or
destroyed by wild white-tailed deer. For purposes of this section, "stored forage crop" means
hay, silage, grain, or other crops that have been harvested and placed in storage for
commercial livestock feeding.
new text end

new text begin Subd. 2. new text end

new text begin Claim form. new text end

new text begin A crop owner must prepare a claim on a form provided by the
commissioner and available on the Department of Agriculture's website or by request from
the commissioner. The crop owner must file the completed claim form with the
commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin A crop owner is entitled to the target price or the market price,
whichever is greater, of the damaged or destroyed agricultural crop plus adjustments for
yield loss according to applicable federal farm and conservation programs, adjusted annually,
as determined by the commissioner upon recommendation of the commissioner's approved
agent for the crop owner's county. The commissioner, upon recommendation of the
commissioner's approved agent, must determine whether the crop damage or destruction is
caused by white-tailed deer and, if so, the amount of the crop that is damaged or destroyed.
new text end

new text begin Subd. 4. new text end

new text begin Insurance deduction. new text end

new text begin The commissioner must reduce payments under this
section by amounts received by the crop owner as proceeds from a crop insurance policy
or from any other source for the same purpose, including but not limited to a federal program.
new text end

new text begin Subd. 5. new text end

new text begin Decision on claims; opening land to hunting. new text end

new text begin If the commissioner finds that
the crop owner has shown that the damage or destruction of the crop owner's crop was
caused more probably than not by wild white-tailed deer, the commissioner must pay
compensation to the crop owner as provided in this section and the rules of the commissioner.
A crop owner who receives compensation under this section may, by written permission,
permit hunting on the land at the landowner's discretion.
new text end

new text begin Subd. 6. new text end

new text begin Denial of claim; appeal. new text end

new text begin (a) If the commissioner denies compensation claimed
by a crop owner under this section, the commissioner must 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. The commissioner must
provide a copy of the decision to the crop owner.
new text end

new text begin (b) A decision denying compensation claimed under this section is not subject to the
contested case review procedures of chapter 14, but a crop owner may have the claim
reviewed 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 must mail a copy of the
petition to the commissioner and set a time for a hearing within 90 days after the filing.
new text end

new text begin Subd. 7. new text end

new text begin Rules. new text end

new text begin The commissioner must adopt and may amend rules to administer this
section. The commissioner may use the expedited rulemaking process in section 14.389 to
adopt and amend rules authorized in this section. The rules must include:
new text end

new text begin (1) methods of determining the value of crops that are damaged or destroyed;
new text end

new text begin (2) criteria for determining the cause of the crop damage or destruction;
new text end

new text begin (3) notice requirements by the crop owner of the damaged or destroyed crop; and
new text end

new text begin (4) other matters that the commissioner deems necessary to administer this section.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin The commissioner must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over agriculture finance
by December 15 each year. The report must include but is not limited to the total amount
paid under this section in the previous two fiscal years.
new text end

Sec. 2. new text begin APPROPRIATION; DEER DEPREDATION.
new text end

new text begin $150,000 in fiscal year 2024 and $150,000 in fiscal year 2025 are appropriated from the
general fund to the commissioner of agriculture to compensate eligible farmers up to $750
per claim under section 1.
new text end