1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing the 
  1.3             commissioner of agriculture to provide compensation 
  1.4             for livestock destroyed by timber wolves; increasing 
  1.5             the maximum amount of compensation authorized for 
  1.6             livestock; requiring insurers to provide coverage for 
  1.7             destruction of livestock by timber wolves; requiring a 
  1.8             study; amending Minnesota Statutes 1996, section 
  1.9             3.737, subdivisions 1 and 4; proposing coding for new 
  1.10            law in Minnesota Statutes, chapter 60A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 3.737, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [COMPENSATION REQUIRED.] Notwithstanding 
  1.15  section 3.736, subdivision 3, paragraph (e), or any other law, a 
  1.16  livestock owner shall be compensated by the commissioner of 
  1.17  agriculture for livestock that is destroyed or is crippled so 
  1.18  that it must be destroyed by ~~an animal classified as endangered~~ 
  1.19  ~~under the federal Endangered Species Act of 1973~~ a timber wolf.  
  1.20  The owner is entitled to the fair market value of the destroyed 
  1.21  livestock, not to exceed ~~$400~~ $600 per animal destroyed, as 
  1.22  determined by the commissioner, upon recommendation of the 
  1.23  county extension agent for the owner's county and a conservation 
  1.24  officer.  The commissioner, upon recommendation of the agent and 
  1.25  conservation officer, shall determine whether the livestock was 
  1.26  destroyed by ~~an animal described in this subdivision~~ a timber 
  1.27  wolf.  The owner shall file a claim on forms provided by the 
  1.28  commissioner and available at the county extension agent's 
  2.1   office. 
  2.2      Sec. 2.  Minnesota Statutes 1996, section 3.737, 
  2.3   subdivision 4, is amended to read: 
  2.4      Subd. 4.  [PAYMENT, DENIAL OF COMPENSATION.] If the 
  2.5   commissioner finds that the livestock owner has shown that the 
  2.6   loss of the livestock was caused more probably than not by ~~an~~ 
  2.7   ~~animal classified as an endangered species~~ a timber wolf, the 
  2.8   commissioner shall pay compensation as provided in this section 
  2.9   and in the rules of the department.  
  2.10     If the commissioner denies compensation claimed by an owner 
  2.11  under this section, the commissioner shall issue a written 
  2.12  decision based upon the available evidence.  It shall include 
  2.13  specification of the facts upon which the decision is based and 
  2.14  the conclusions on the material issues of the claim.  A copy of 
  2.15  the decision shall be mailed to the owner.  
  2.16     A decision to deny compensation claimed under this section 
  2.17  is not subject to the contested case review procedures of 
  2.18  chapter 14, but may be reviewed upon a trial de novo in a court 
  2.19  in the county where the loss occurred.  The decision of the 
  2.20  court may be appealed as in other civil cases.  Review in court 
  2.21  may be obtained by filing a petition for review with the 
  2.22  administrator of the court within 60 days following receipt of a 
  2.23  decision under this section.  Upon the filing of a petition, the 
  2.24  administrator shall mail a copy to the commissioner and set a 
  2.25  time for hearing within 90 days of the filing.  
  2.26     Sec. 3.  [60A.34] [LIVESTOCK COVERAGE; TIMBER WOLF 
  2.27  PREDATION.] 
  2.28     Subdivision 1.  [SCOPE OF COVERAGE.] An insurer writing 
  2.29  insurance covering livestock in this state shall not exclude 
  2.30  from coverage loss or damage to livestock caused by a timber 
  2.31  wolf.  The coverage may be included in the policy or as a rider 
  2.32  or endorsement attached to the policy. 
  2.33     Subd. 2.  [GREATER DEDUCTIBLE PROHIBITED.] Coverage under 
  2.34  this section must not be subject to any greater deductible than 
  2.35  that applicable to any other coverage provided by the insurance. 
  2.36     Sec. 4.  [WOLF HYBRID STUDY.] 
  3.1      By January 1, 1999, the board of animal health shall report 
  3.2   to the senate agriculture and rural development and house 
  3.3   agriculture committees regarding the need for law governing the 
  3.4   possession of a wolf hybrid, including any animal that is any 
  3.5   part wolf, in captivity.  The report must discuss the possible 
  3.6   scope of such law, the feasibility of enforcing the law, and any 
  3.7   associated costs.  If the report recommends legislation, it must 
  3.8   include a draft proposal. 
  3.9      Sec. 5.  [EFFECTIVE DATE.] 
  3.10     Section 3 is effective August 1, 1998, and applies to 
  3.11  coverage issued, renewed, or continued on or after that date.