SF 792

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; compensating crop owners for 
  1.3             crop damage or destruction by deer; appropriating 
  1.4             money; amending Minnesota Statutes 1998, section 
  1.5             3.7371, subdivisions 1, 2, 3, and 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 3.7371, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [AUTHORIZATION.] Notwithstanding section 
  1.10  3.736, subdivision 3, paragraph (e), or any other law, a person 
  1.11  who owns an agricultural crop shall be compensated by the 
  1.12  commissioner of agriculture for an agricultural crop that is 
  1.13  damaged or destroyed by elk or deer as provided in this section. 
  1.14     Sec. 2.  Minnesota Statutes 1998, section 3.7371, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [CLAIM FORM.] The crop owner must prepare a claim 
  1.17  on forms provided by the commissioner and available at the 
  1.18  county extension agent's office.  The claim form must be filed 
  1.19  with the commissioner.  A claim form may not be filed for crop 
  1.20  damage or destruction that occurs before June 3, 1987, or in the 
  1.21  case of damage or destruction by deer, before January 1, 1999.  
  1.22     Sec. 3.  Minnesota Statutes 1998, section 3.7371, 
  1.23  subdivision 3, is amended to read: 
  1.24     Subd. 3.  [COMPENSATION.] The crop owner is entitled to the 
  1.25  target price or the market price, whichever is greater, of the 
  2.1   damaged or destroyed crop plus adjustments for yield loss 
  2.2   determined according to agricultural stabilization and 
  2.3   conservation service programs for individual farms, adjusted 
  2.4   annually, as determined by the commissioner, upon recommendation 
  2.5   of the county extension agent for the owner's county.  The 
  2.6   commissioner, upon recommendation of the agent, shall determine 
  2.7   whether the crop damage or destruction is caused by elk or deer 
  2.8   and, if so, the amount of the crop that is damaged or 
  2.9   destroyed.  In any calendar year, a crop owner may not be 
  2.10  compensated for a damaged or destroyed crop that is less than 
  2.11  $100 in value and may be compensated up to $20,000, as 
  2.12  determined under this section, if normal harvest procedures for 
  2.13  the area are followed. 
  2.14     Sec. 4.  Minnesota Statutes 1998, section 3.7371, 
  2.15  subdivision 5, is amended to read: 
  2.16     Subd. 5.  [DECISION ON CLAIMS; OPENING LAND TO HUNTING.] If 
  2.17  the commissioner finds that the crop owner has shown that the 
  2.18  damage or destruction of the owner's crop was caused more 
  2.19  probably than not by elk or deer, the commissioner shall pay 
  2.20  compensation as provided in this section and the rules of the 
  2.21  commissioner.  Total compensation to all claimants shall not 
  2.22  exceed the amount of funds appropriated for Laws 1987, chapter 
  2.23  373 the purpose by the legislature.  A crop owner who receives 
  2.24  compensation under this section may, by written permission, 
  2.25  permit hunting on the land at the landowner's discretion.  
  2.26     Sec. 5.  [APPROPRIATION.] 
  2.27     $500,000 is appropriated from the general fund to the 
  2.28  commissioner of agriculture for payments under Minnesota 
  2.29  Statutes, section 3.7371, for damage or destruction by deer.  
  2.30  This appropriation is available until June 30, 2001.