HF 2280

as introduced - 89th Legislature (2015 - 2016) Posted on 04/30/2015 09:47am

A bill for an act
relating to agriculture; appropriating money for compensation payments to
commercial poultry producers.

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

Section 1. new text begin APPROPRIATION; POULTRY COMPENSATION PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation; purpose. new text end

new text begin $4,000,000 in fiscal year 2015 is
appropriated from the general fund to the commissioner of agriculture to compensate
Minnesota commercial poultry producers for losses that are not eligible for federal
indemnity. This is a onetime appropriation and is available until June 30, 2016.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; payment rates. new text end

new text begin (a) The commissioner must award
compensation under this section only for birds that contracted highly pathogenic avian
influenza and expired before the United States Department of Agriculture confirmed the
presence of highly pathogenic avian influenza in the commercial producer's flock.
new text end

new text begin (b) The commissioner shall award compensation payments to eligible commercial
producers as follows:
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new text begin (1) $15 for each turkey that was part of a breeder flock;
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new text begin (2) $5 for each turkey that was housed in a grower barn and not part of a breeder
flock; and
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new text begin (3) $2 for each chicken.
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new text begin Subd. 3. new text end

new text begin Rate adjustment authorized. new text end

new text begin If the appropriation in subdivision 1 is
not sufficient to compensate all eligible commercial producers at the rates specified in
subdivision 2, the commissioner shall make a pro rata adjustment to the rates.
new text end

new text begin Subd. 4. new text end

new text begin Claims; appeals. new text end

new text begin (a) A commercial producer must submit a claim to the
commissioner in the form prescribed by the commissioner.
new text end

new text begin (b) If the commissioner denies compensation under this section, the commissioner
shall issue a written decision based upon the available evidence and provide a copy of
the decision to the commercial producer.
new text end

new text begin (c) A decision to deny compensation claimed under this section is not subject to the
contested case review procedures of Minnesota Statutes, 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end