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HF 857

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to agriculture; providing compensation for damage caused by wild turkeys;
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 [3.7372] COMPENSATION FOR DAMAGE CAUSED BY WILD
TURKEYS.
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, a person who owns an agricultural crop or livestock shall be
compensated by the commissioner of agriculture for an agricultural crop, or livestock feed
or feedlot, that is damaged or destroyed by wild turkeys as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Claim form. new text end

new text begin The owner must prepare a claim on a form provided by the
commissioner. The commissioner shall make the claim form available on the Department
of Agriculture's website or shall provide a claim form on request. The owner must submit
the claim form to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) The owner is entitled to the target price or the market price,
whichever is greater, of the damaged or destroyed crop plus adjustments for yield loss
determined according to agricultural stabilization and conservation service programs for
individual farms. The commissioner may make a price adjustment upon the recommendation
of the commissioner's approved agent for a specific county. Verification of feedlot or
livestock feed damage or destruction by wild turkeys may be provided by submitting
photographs, receipts, or other evidence and documentation together with a statement from
an independent witness 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 feedlot or livestock feed is
caused by wild turkeys and, if so, the amount of the crop or feedlot or livestock feed that
is damaged or destroyed. In any fiscal year, an owner may not be compensated for a damaged
or destroyed crop or feedlot or livestock feed that is less than $100 in value and may be
compensated up to $20,000, as determined under this section, if normal harvest procedures
for the area are followed.
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Insurance deduction. new text end

new text begin Payments authorized by this section must be reduced
by amounts received by the owner as proceeds from an insurance policy covering crop
losses or damage to or destruction of a feedlot or livestock feed, 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 (a) 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 feedlot or livestock feed was caused more probably than not by wild
turkeys, the commissioner shall pay compensation as provided in this section and the rules
of the commissioner.
new text end

new text begin (b) An owner who is eligible for compensation under this section may, when funds are
unavailable for authorized payments under this section, take wild turkeys on the owner's
land at the owner's discretion in a manner allowed under section 97B.655.
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 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.
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 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 court administrator within 60 days following receipt of a decision under
this section. Upon the filing of a petition, the court administrator shall mail a copy of the
petition to the commissioner and set a time for 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 may adopt and amend rules to carry out 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 valuation of crops damaged or destroyed;
new text end

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

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

new text begin (4) compensation rates for feedlot and livestock feed damage or destruction that must
not exceed $1,800 per claimant per fiscal year; and
new text end

new text begin (5) any other matters determined necessary by the commissioner to carry out 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 of the house of
representatives and senate committees and divisions with jurisdiction over agriculture and
environment and natural resources by December 15 each year that details the total amount
of payments made under this section in the previous two fiscal years.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general
fund to the commissioner of agriculture for compensation payments under Minnesota
Statutes, section 3.7372. If the amount in the first year is insufficient, the amount in the
second year is available in the first year.
new text end