1.1 	A bill for an act
1.2 	relating to agriculture; modifying the compensation program for livestock 
1.3 	crippled or destroyed by a gray wolf;amending Minnesota Statutes 2008, 
1.4 	section 3.737, subdivision 4; Minnesota Statutes 2009 Supplement, section 
1.5 	3.737, subdivision 1.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2009 Supplement, section 3.737, subdivision 1, is 
1.8 	amended to read:
1.9 		Subdivision 1.Compensation required. (a) Notwithstanding section 3.736, 
1.10 	subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated 
1.11 	by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so 
1.12 	crippled by a gray wolf that it must be destroyed. Except as provided in this section, the 
1.13 	owner is entitled to the fair market value of the destroyed livestock as determined by the 
1.14 	commissioner, upon recommendation of a university extension agent ~~or a conservation~~ 
1.15 	~~officer~~. In any fiscal year, a livestock owner may not be compensated for a destroyed 
1.16 	animal claim that is less than $100 in value and may be compensated up to $20,000, 
1.17 	as determined under this section. In any fiscal year, the commissioner may provide 
1.18 	compensation for claims filed under this section up to the amount expressly appropriated 
1.19 	for this purpose.
1.20 	(b) ~~Either the agent or~~ The conservation officer, United States Department 
1.21 	of Agriculture Animal and Plant Health Inspection Service official, or county law 
1.22 	enforcement officer must make a personal inspection of the site and submit a report to 
1.23 	the commissioner detailing the results of the investigation. ~~The agent or the conservation~~ 
1.24 	~~officer must take into account factors in addition to a visual identification of a carcass~~ 
1.25 	~~when making a recommendation to the commissioner.~~ The commissioner, upon 
2.1 	recommendation of the ~~agent or~~ conservation officer or United States Department of 
2.2 	Agriculture Animal and Plant Health Inspection Service official, shall determine whether 
2.3 	the livestock was destroyed by a gray wolf and any deficiencies in the owner's adoption 
2.4 	of the best management practices developed in subdivision 5. The commissioner may 
2.5 	authorize payment of claims only if the agent ~~or the conservation officer~~ has recommended 
2.6 	payment. The owner shall file a claim on forms provided by the commissioner and 
2.7 	available at the university extension agent's office.

2.8 	Sec. 2. Minnesota Statutes 2008, section 3.737, subdivision 4, is amended to read:
2.9 		Subd. 4.Payment; denial of compensation. (a) If the commissioner finds that the 
2.10 	livestock owner has shown that the loss of the livestock was likely caused by a gray 
2.11 	wolf, the commissioner shall pay compensation as provided in this section and in the 
2.12 	rules of the department.
2.13 	(b) For a gray wolf depredation claim submitted by a livestock owner after 
2.14 	September 1, 1999, the commissioner shall, based on the report from the university 
2.15 	extension agent ~~and conservation officer~~, evaluate the claim for conformance with 
2.16 	the best management practices developed by the commissioner in subdivision 5. The 
2.17 	commissioner must provide to the livestock owner an itemized list of any deficiencies 
2.18 	in the livestock owner's adoption of best management practices that were noted in the 
2.19 	university extension agent's ~~or conservation officer's~~ report.
2.20 	(c) If the commissioner denies compensation claimed by an owner under this section, 
2.21 	the commissioner shall issue a written decision based upon the available evidence. It shall 
2.22 	include specification of the facts upon which the decision is based and the conclusions on 
2.23 	the material issues of the claim. A copy of the decision shall be mailed to the owner.
2.24 	(d) A decision to deny compensation claimed under this section is not subject to 
2.25 	the contested case review procedures of chapter 14, but may be reviewed upon a trial de 
2.26 	novo in a court in the county where the loss occurred. The decision of the court may be 
2.27 	appealed as in other civil cases. Review in court may be obtained by filing a petition for 
2.28 	review with the administrator of the court within 60 days following receipt of a decision 
2.29 	under this section. Upon the filing of a petition, the administrator shall mail a copy to the 
2.30 	commissioner and set a time for hearing within 90 days of the filing.