1.1.................... moves to amend H.F. No. 3262 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2009 Supplement, section 3.737, subdivision 1, is
1.4amended to read:
1.5 Subdivision 1.
Compensation required. (a) Notwithstanding section
3.736,
1.6subdivision 3
, paragraph (e), or any other law, a livestock owner shall be compensated
1.7by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
1.8crippled by a gray wolf that it must be destroyed. Except as provided in this section,
1.9the owner is entitled to the fair market value of the destroyed livestock as determined
1.10by the commissioner, upon recommendation of
the fair market value by a university
1.11extension agent
or a conservation officer. In any fiscal year, a livestock owner may not
1.12be compensated for a destroyed animal claim that is less than $100 in value and may be
1.13compensated up to $20,000, as determined under this section. In any fiscal year, the
1.14commissioner may provide compensation for claims filed under this section up to the
1.15amount expressly appropriated for this purpose.
1.16 (b)
Either the agent or the A conservation officer
, an official from the Animal and
1.17Plant Health Inspection Service of the United States Department of Agriculture, or a peace
1.18officer from the county sheriff's office must make a personal inspection of the site
and
1.19submit a report to the commissioner detailing the results of the investigation.
The agent or
1.20the conservation officer The investigator must take into account factors in addition to a
1.21visual identification of a carcass when making a recommendation to the commissioner.
1.22The commissioner, upon recommendation of the
agent or conservation officer investigator,
1.23shall determine whether the livestock was destroyed by a gray wolf
and any deficiencies in
1.24the owner's adoption of the best management practices developed in subdivision 5. The
1.25commissioner may authorize payment of claims only if the agent or the conservation
1.26officer has recommended payment. The owner shall file a claim on forms provided by the
1.27commissioner and available at the university extension agent's office.
2.1 Sec. 2. Minnesota Statutes 2008, section 3.737, subdivision 4, is amended to read:
2.2 Subd. 4.
Payment; denial of compensation. (a) If the commissioner finds that the
2.3livestock owner has shown that the loss of the livestock was likely caused by a gray
2.4wolf, the commissioner shall pay compensation as provided in this section and in the
2.5rules of the department.
2.6(b) For a gray wolf depredation claim submitted by a livestock owner after
2.7September 1, 1999, the commissioner shall, based on the report from the university
2.8extension agent and conservation officer, evaluate the claim for conformance with
2.9the best management practices developed by the commissioner in subdivision 5. The
2.10commissioner must provide to the livestock owner an itemized list of any deficiencies
2.11in the livestock owner's adoption of best management practices that were noted in the
2.12university extension agent's or conservation officer's report.
2.13(c) (b) If the commissioner denies compensation claimed by an owner under
2.14this section, the commissioner shall issue a written decision based upon the available
2.15evidence. It shall include specification of the facts upon which the decision is based
2.16and the conclusions on the material issues of the claim. A copy of the decision shall
2.17be mailed to the owner.
2.18(d) (c) A decision to deny compensation claimed under this section is not subject to
2.19the contested case review procedures of chapter 14, but may be reviewed upon a trial de
2.20novo in a court in the county where the loss occurred. The decision of the court may be
2.21appealed as in other civil cases. Review in court may be obtained by filing a petition for
2.22review with the administrator of the court within 60 days following receipt of a decision
2.23under this section. Upon the filing of a petition, the administrator shall mail a copy to the
2.24commissioner and set a time for hearing within 90 days of the filing."
2.25Amend the title accordingly