HF 2677

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

  1.1                          A bill for an act
  1.2             relating to wildlife; providing for compensation to 
  1.3             crop owners suffering agricultural crop damage; 
  1.4             appropriating money; amending Minnesota Statutes 1994, 
  1.5             sections 3.7371, subdivisions 1, 2, 5, and by adding 
  1.6             subdivisions; and 97A.475, subdivision 4, and by 
  1.7             adding a subdivision; Minnesota Statutes 1995 
  1.8             Supplement, section 3.7371, subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 3.7371, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [AUTHORIZATION.] Notwithstanding section 
  1.13  3.736, subdivision 3, paragraph (e), or any other law, a person 
  1.14  who owns an agricultural crop shall be compensated pursuant to 
  1.15  this section by the commissioner of agriculture for an 
  1.16  agricultural crop that is damaged or destroyed by elk as 
  1.17  provided in this section or by the commissioner of natural 
  1.18  resources for an agricultural crop that is damaged or destroyed 
  1.19  by deer.  
  1.20     Sec. 2.  Minnesota Statutes 1994, section 3.7371, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [CLAIM FORM.] The crop owner must prepare a claim 
  1.23  on forms provided by the commissioner and available at the 
  1.24  county extension agent's office.  The claim form must be filed 
  1.25  with the commissioner.  A claim form may not be filed for crop 
  1.26  damage or destruction by deer that occurs before June 3, 1987 
  1.27  1996.  
  2.1      Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.2   3.7371, subdivision 3, is amended to read: 
  2.3      Subd. 3.  [COMPENSATION.] The crop owner is entitled to the 
  2.4   target price or the market price, whichever is greater, of the 
  2.5   damaged or destroyed crop plus adjustments for yield loss 
  2.6   determined according to agricultural stabilization and 
  2.7   conservation service programs for individual farms, adjusted 
  2.8   annually, as determined by the commissioner, upon recommendation 
  2.9   of the county extension agent for the owner's county.  The 
  2.10  commissioner, upon recommendation of the agent, shall determine 
  2.11  whether the crop damage or destruction is caused by elk or deer 
  2.12  and, if so, the amount of the crop that is damaged or 
  2.13  destroyed.  In any calendar year, a crop owner may not be 
  2.14  compensated for a damaged or destroyed crop that is less than 
  2.15  $100 in value and may be compensated up to $20,000, as 
  2.16  determined under this section, if normal harvest procedures for 
  2.17  the area are followed. 
  2.18     Sec. 4.  Minnesota Statutes 1994, section 3.7371, 
  2.19  subdivision 5, is amended to read: 
  2.20     Subd. 5.  [DECISION ON CLAIMS; OPENING LAND TO HUNTING.] If 
  2.21  the commissioner finds that the crop owner has shown that the 
  2.22  damage or destruction of the owner's crop was caused more 
  2.23  probably than not by elk or deer, the commissioner shall pay 
  2.24  compensation as provided in this section and the rules of the 
  2.25  commissioner.  Total compensation to all claimants for elk 
  2.26  damage shall not exceed the amount of funds appropriated for 
  2.27  Laws 1987, chapter 373.  A crop owner who receives compensation 
  2.28  under this section may, by written permission, permit hunting on 
  2.29  the land at the landowner's discretion.  
  2.30     Sec. 5.  Minnesota Statutes 1994, section 3.7371, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 8.  [PAYMENTS.] Payments by the commissioner of 
  2.33  natural resources under subdivision 3 for crop damage or 
  2.34  destruction by deer must be made from the crop damage account 
  2.35  under section 97A.475. 
  2.36     Sec. 6.  Minnesota Statutes 1994, section 3.7371, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 9.  [DEFINITION.] As used in this section, 
  3.3   "commissioner" means the commissioner of agriculture in 
  3.4   compensating for crop damage caused by elk, or the commissioner 
  3.5   of natural resources in compensating for crop damage caused by 
  3.6   deer. 
  3.7      Sec. 7.  Minnesota Statutes 1994, section 97A.475, 
  3.8   subdivision 4, is amended to read: 
  3.9      Subd. 4.  [SMALL GAME SURCHARGE.] Fees for licenses to take 
  3.10  small game must be increased by a surcharge of $4.  An 
  3.11  additional commission may not be assessed on the surcharge and 
  3.12  this must be stated on the back of the license with the 
  3.13  following statement:  "This $4 surcharge is being paid by 
  3.14  hunters for the acquisition and development of wildlife 
  3.15  lands and for damage to agricultural crops."  $1 of each 
  3.16  surcharge must be placed in the crop damage account under 
  3.17  subdivision 4a."  
  3.18     Sec. 8.  Minnesota Statutes 1994, section 97A.475, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 4a.  [DEER HUNTING SURCHARGE.] The fee for a license 
  3.21  issued under subdivision 2, clause (4), (5), or (9) must be 
  3.22  increased by a surcharge of $1.  The fee for a license issued 
  3.23  under subdivision 3, clause (2), (3), or (7) must be increased 
  3.24  by a surcharge of $2.  The surcharge amounts must be placed in a 
  3.25  special "crop damage account" and may only be used for crop 
  3.26  owner compensation for damage by deer under section 3.7371.