Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 373-H.F.No. 1351 
           An act relating to natural resources; authorizing the 
          taking of elk and amending related laws; authorizing 
          compensation for certain crop damage caused by elk; 
          appropriating money; amending Minnesota Statutes 1986, 
          sections 3.736, subdivision 3; 97A.421, subdivision 6; 
          97A.431, subdivision 3; 97A.465, subdivisions 1 and 3; 
          97A.471, subdivision 3; 97A.475, subdivision 2; 
          97A.525, subdivision 1; 97A.535; 97B.201; proposing 
          coding for new law in Minnesota Statutes, chapters 3; 
          97A; and 97B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 3.736, 
subdivision 3, is amended to read:  
    Subd. 3.  [EXCLUSIONS.] Without intent to preclude the 
courts from finding additional cases where the state and its 
employees should not, in equity and good conscience, pay 
compensation for personal injuries or property losses, the 
legislature declares that the state and its employees are not 
liable for the following losses: 
    (a) Any loss caused by an act or omission of a state 
employee exercising due care in the execution of a valid or 
invalid statute or rule; 
    (b) Any loss caused by the performance or failure to 
perform a discretionary duty, whether or not the discretion is 
abused; 
    (c) Any loss in connection with the assessment and 
collection of taxes; 
    (d) Any loss caused by snow or ice conditions on any 
highway or public sidewalk that does not abut a publicly-owned 
building or a publicly-owned parking lot, except when the 
condition is affirmatively caused by the negligent acts of a 
state employee; 
    (e) Any loss caused by wild animals in their natural state, 
except as provided in section 2; 
    (f) Any loss other than injury to or loss of property or 
personal injury or death; 
    (g) Any loss caused by the condition of unimproved real 
property owned by the state, which means land that the state has 
not improved, and appurtenances, fixtures and attachments to 
land that the state has neither affixed nor improved; 
    (h) Any loss incurred by a user within the boundaries of 
the outdoor recreation system and arising from the construction, 
operation, or maintenance of the system, as defined in section 
86A.04, or from the clearing of land, removal of refuse, and 
creation of trails or paths without artificial surfaces, or from 
the construction, operation, or maintenance of a water access 
site created by the iron range resources and rehabilitation 
board, except that the state is liable for conduct that would 
entitle a trespasser to damages against a private person; 
    (i) Any loss of benefits or compensation due under a 
program of public assistance or public welfare, except where 
state compensation for loss is expressly required by federal law 
in order for the state to receive federal grants-in-aid; 
    (j) Any loss based on the failure of any person to meet the 
standards needed for a license, permit, or other authorization 
issued by the state or its agents; 
    (k) Any loss based on the usual care and treatment, or lack 
of care and treatment, of any person at a state hospital or 
state corrections facility where reasonable use of available 
appropriations has been made to provide care; 
    (l) Any loss, damage, or destruction of property of a 
patient or inmate of a state institution;  
    (m) Any loss for which recovery is prohibited by section 
169.121, subdivision 9. 
    The state will not pay punitive damages. 
    Sec. 2.  [3.7371] [COMPENSATION FOR CROP DAMAGE CAUSED BY 
ELK.] 
    Subdivision 1.  [AUTHORIZATION.] Notwithstanding section 
3.736, subdivision 3, paragraph (e), or any other law to the 
contrary, a person who owns an agricultural crop shall be 
compensated by the commissioner of agriculture for an 
agricultural crop that is damaged or destroyed by elk as 
provided in this section.  
    Subd. 2.  [CLAIM FORM.] The crop owner must prepare a claim 
on forms provided by the commissioner of agriculture and 
available at the county extension agent's office.  The claim 
form must be filed with the commissioner of agriculture.  A 
claim form may not be filed for crop damage or destruction that 
occurs before the effective date of this act.  
    Subd. 3.  [COMPENSATION.] The crop owner shall be entitled 
to the target price or 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, adjusted 
annually, as determined by the commissioner of agriculture, upon 
recommendation of the county extension agent for the owner's 
county or a federal crop adjuster.  The commissioner of 
agriculture, upon recommendation of the agent or adjuster, shall 
determine whether the crop damage or destruction is caused by 
elk and, if so, the amount of the crop that is damaged or 
destroyed.  In any calendar year, a crop owner may not be 
compensated for a damaged or destroyed crop that is less than 
$100 and may be compensated up to $20,000 in value, as 
determined under this section, provided normal harvest 
procedures for the area are followed.  
    Subd. 4.  [INSURANCE DEDUCTION.] Payments authorized by 
this section must be reduced by amounts received by the owner as 
proceeds from an insurance policy covering crop losses, or from 
any other source for the same purpose including, but not limited 
to, a federal program.  
    Subd. 5.  [DECISION ON CLAIMS; OPENING LAND TO HUNTING.] If 
the commissioner of agriculture finds that the crop owner has 
shown that the damage or destruction of the owner's crop was 
caused more probably than not by elk, the commissioner of 
agriculture shall pay compensation as provided in this section 
and the rules of the commissioner.  Total compensation to all 
claimants shall not exceed the amount of funds appropriated for 
this act.  A crop owner who receives compensation under this 
section may, by written permission, permit hunting on the land 
at the landowner's discretion.  
    Subd. 6.  [DENIAL OF CLAIM; APPEAL.] (a) If the 
commissioner denies compensation claimed by a crop 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 transmitted to the crop owner by first class mail.  
    (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 
trial de novo in the county court in the county where the loss 
occurred.  The decision of the county court may be appealed as 
in other civil cases.  Review in the county court may be 
obtained by the filing of a petition for review with the 
administrator of the county court within 60 days following 
receipt of a decision under this section.  Upon the filing of a 
petition, the administrator of the county court shall mail a 
copy of it to the commissioner and set a time for hearing within 
90 days after the filing of the petition.  
    Subd. 7.  [RULES.] The commissioner of agriculture shall 
adopt rules and may adopt emergency rules and may amend rules to 
carry out the provisions of this section.  The rules must 
include: 
    (1) methods of valuation of crops damaged or destroyed; 
    (2) criteria for determination of the cause of the crop 
damage or destruction; 
    (3) notice requirements by the owner of the damaged or 
destroyed crop; and 
    (4) any other matters determined necessary by the 
commissioner to carry out the provisions of this section.  
    Sec. 3.  Minnesota Statutes 1986, section 97A.421, 
subdivision 6, is amended to read:  
    Subd. 6.  [APPLICABILITY TO MOOSE OR ELK LICENSES.] In this 
section the term "license" includes an application for a license 
to take either moose or elk.  
    Sec. 4.  Minnesota Statutes 1986, section 97A.431, 
subdivision 3, is amended to read:  
    Subd. 3.  [APPLICATION FOR LICENSE.] An application for a 
moose license must be on a form provided by the commissioner and 
accompanied by a $1 $3 nonrefundable application fee per person. 
A person may not make more than one application for each 
season.  If a person makes more than one application, the person 
is ineligible for a license for that season after determination 
by the commissioner, without a hearing.  
    Sec. 5.  [97A.433] [ELK LICENSES.] 
    Subdivision 1.  [NUMBER OF LICENSES.] The commissioner 
shall include the number of licenses to be issued in an order 
setting the dates for an elk season. 
    Subd. 2.  [ELIGIBILITY.] Persons eligible for an elk 
license shall be determined under this section and 
commissioner's order.  A person is eligible for an elk license 
only if the person: 
    (1) is a resident; 
    (2) is at least age 16 before the season opens; and 
    (3) has never been issued an elk license. 
    Subd. 3.  [APPLICATION FOR LICENSE.] An application for an 
elk license must be on a form provided by the commissioner and 
accompanied by a $10 nonrefundable application fee per person.  
A person may not make more than one application for each 
season.  If a person makes more than one application, the person 
is ineligible for a license for that season after determination 
by the commissioner, without a hearing.  
    Subd. 4.  [SEPARATE SELECTION; ELIGIBILITY.] The 
commissioner may conduct a separate selection for up to 20 
percent of the elk licenses to be issued for an area.  Only 
owners of, and tenants living on, at least 160 acres of 
agricultural or grazing land in the area are eligible for the 
separate selection.  Persons that are unsuccessful in a separate 
selection must be included in the selection for the remaining 
licenses.  Persons who obtain an elk license in a separate 
selection must allow public elk hunting on their land during the 
elk season for which the license is valid.  
    Sec. 6.  Minnesota Statutes 1986, section 97A.465, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RESIDENTS ON LEAVE.] A resident that is in 
the armed forces of the United States, stationed outside of the 
state, and in the state on leave, may hunt and fish without a 
license if the resident possesses official military leave 
papers. The resident must obtain the seals, tags, and coupons 
required of a licensee, which must be furnished without charge.  
This subdivision does not apply to the taking of moose or elk. 
    Sec. 7.  Minnesota Statutes 1986, section 97A.465, 
subdivision 3, is amended to read:  
    Subd. 3.  [NONRESIDENTS STATIONED IN THE STATE.] The 
commissioner may issue a resident license to take fish or game 
to a person in the armed forces of the United States that is 
stationed in the state.  This subdivision does not apply to the 
taking of moose or elk.  
    Sec. 8.  Minnesota Statutes 1986, section 97A.471, 
subdivision 3, is amended to read:  
    Subd. 3.  [NONAPPLICABILITY TO MOOSE HUNTING.] This section 
does not apply to taking moose or elk.  
    Sec. 9.  Minnesota Statutes 1986, section 97A.475, 
subdivision 2, is amended to read:  
    Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
licenses, to be issued to residents only, are: 
    (1) for persons under age 65 to take small game, $7; 
    (2) for persons age 65 or over, $3.50; 
    (3) to take turkey, $10; 
    (4) to take deer with firearms, $15; 
    (5) to take deer by archery, $15;  
    (6) to take moose, for a party of not more than four 
persons, $200; and 
    (7) to take bear, $25; and 
    (8) to take elk, for a party of not more than two persons, 
$200.  
    Sec. 10.  Minnesota Statutes 1986, section 97A.525, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RESIDENTS.] A resident may transport wild 
animals within the state by common carrier without being in the 
vehicle if the resident has the license required to take the 
animals and they are shipped to the resident.  The wild animals 
that may be transported by common carrier are: 
    (1) deer, bear, elk, and moose; 
    (2) undressed game birds; and 
    (3) fish.  
    Sec. 11.  Minnesota Statutes 1986, section 97A.535, is 
amended to read:  
    97A.535 [POSSESSION AND TRANSPORTATION OF DEER, BEAR, ELK, 
AND MOOSE.] 
    Subdivision 1.  [TAGS REQUIRED.] A person may not possess 
or transport deer, bear, elk, or moose taken in the state unless 
a tag is attached to the carcass in a manner prescribed by the 
commissioner.  The commissioner must prescribe the type of tag 
that has the license number of the owner, the year of its issue, 
and other information prescribed by the commissioner.  The tag 
must be attached to the deer, bear, elk, or moose when:  
    (1) the animal is in a camp, or a place occupied overnight 
or the yard surrounding the place; or 
    (2) the animal is on a motor vehicle.  
    Subd. 2.  [DEER TAKEN BY ARCHERY, ELK, AND MOOSE MUST HAVE 
ADDITIONAL TAG.] Deer taken by archery, elk, and moose must be 
tagged as prescribed by the commissioner, in addition to the tag 
required in subdivision 1.  
    Subd. 3.  [TRANSPORTATION PERIOD RESTRICTED.] A person may 
transport one deer, one bear, one elk, or one moose during the 
open season and the two days following the season, and 
afterwards as prescribed by the commissioner.  
    Subd. 4.  [TRANSPORTATION BY PERSON OTHER THAN LICENSEE.] A 
person other than the licensee may transport deer, bear, elk, or 
moose that the licensee has registered as prescribed by the 
commissioner.  The person must transport the animal by the most 
direct route.  A tag must be attached to the animal and marked 
in ink with the address, license number, signature of the 
licensee, and the locations from which and to which the animal 
is being transported.  
    Subd. 5.  [HEADS, HIDES, AND CLAWS.] A resident that has a 
license to take deer, bear, elk, or moose may transport the head 
or hide of the animal within or out of the state for mounting or 
tanning.  The hides of deer, bear, elk, and moose, and the claws 
of bear legally taken and with the tags that are required by 
this section, may be bought, sold, and transported at any time.  
    Sec. 12.  Minnesota Statutes 1986, section 97B.201, is 
amended to read:  
    97B.201 [NO OPEN SEASON FOR ELK, CARIBOU, AND ANTELOPE.] 
    There may not be an open season on elk, caribou, or 
antelope.  
    Sec. 13.  [97B.515] [ELK; LICENSE REQUIRED, SEASONS, 
RESTRICTIONS.] 
    Subdivision 1.  [LICENSE REQUIRED.] A person may not take 
an elk without an elk license.  
    Subd. 2.  [SEASON AND RESTRICTIONS.] The commissioner may, 
by order, prescribe the open season and the areas and conditions 
for the taking of elk when the precalving population exceeds 20 
animals.  
    Subd. 3.  [STAND RESTRICTIONS.] A person may not take elk 
from a constructed platform or other structure higher than nine 
feet above the ground.  The restriction does not apply to a 
portable stand that is chained, belted, clamped, or tied with 
rope.  
    Sec. 14.  [97B.516] [ELK MANAGEMENT PLAN.] 
    The commissioner of natural resources must adopt an elk 
management plan that: 
    (1) recognizes the value and uniqueness of elk; 
    (2) provides for integrated management of an elk population 
in harmony with the environment;  
    (3) affords optimum recreational opportunities; and 
    (4) restricts elk to nonagricultural land in the state. 
    Sec. 15.  [FEE TRANSFER.] 
    All fees collected under this act are appropriated to the 
commissioners of agriculture and natural resources for the 
administrative costs incurred under this act and the amounts 
above and beyond the administrative costs associated with the 
programs established by this act shall be deposited in the 
general fund as reimbursement for payments made to the 
commissioner of agriculture for landowner compensation under a 
bill styled as H.F. No. 1315, enacted at the 1987 regular 
session. 
    Sec. 16.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment.  
However, a person may not apply for compensation for crop damage 
until after the commissioner of agriculture promulgates rules 
under section 2. 
    Approved June 2, 1987