HF 2411

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; prohibiting trespassing on 
  1.3             agricultural land for outdoor recreation; prohibiting 
  1.4             trespassing on certain private land for outdoor 
  1.5             recreation; modifying posting requirements; modifying 
  1.6             provisions for retrieving dogs and wounded game; 
  1.7             prohibiting hunting in certain areas; providing civil 
  1.8             penalties; establishing an appeals procedure; 
  1.9             directing the disposition of penalty amounts; amending 
  1.10            Minnesota Statutes 1994, section 97B.001, subdivisions 
  1.11            2, 3, 4, 5, 6, 7, and by adding a subdivision; 
  1.12            proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 97B. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 97B.001, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 1a.  [OUTDOOR RECREATION DEFINITION.] "Outdoor 
  1.18  recreation" means any voluntary activity, including hunting, 
  1.19  fishing, trapping, boating, hiking, camping, and engaging in 
  1.20  winter sports, which is conducted primarily for the purposes of 
  1.21  pleasure, rest, or relaxation and is dependent upon or derives 
  1.22  its principal benefit from natural surroundings.  
  1.23     Sec. 2.  Minnesota Statutes 1994, section 97B.001, 
  1.24  subdivision 2, is amended to read: 
  1.25     Subd. 2.  [PERMISSION REQUIRED TO ENTER AGRICULTURAL LAND 
  1.26  TO HUNT OR OPERATE VEHICLES FOR OUTDOOR RECREATION PURPOSES.] 
  1.27  Except as provided in subdivisions 5 and 6, a person may not 
  1.28  enter agricultural land to hunt or operate a motor vehicle for 
  1.29  pleasure for outdoor recreation purposes, unless the person 
  2.1   obtains without first obtaining permission of the owner, 
  2.2   occupant, or lessee. 
  2.3      Sec. 3.  Minnesota Statutes 1994, section 97B.001, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [ENTERING LAND PROHIBITED AFTER NOTICE.] Except 
  2.6   as provided in subdivision 6, a person may not enter remain on 
  2.7   any land to take a wild animal for outdoor recreation purposes 
  2.8   after being notified orally told not to do so orally by the 
  2.9   owner, occupant, or lessee.  
  2.10     Sec. 4.  Minnesota Statutes 1994, section 97B.001, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [ENTERING POSTED LAND PROHIBITED; SIGNS.] (a) 
  2.13  Except as provided in subdivision 6, a person may not enter, for 
  2.14  outdoor recreation purposes, any land that is posted under this 
  2.15  subdivision to take a wild animal unless the person has obtained 
  2.16  the without first obtaining permission of the owner, occupant, 
  2.17  or lessee.  
  2.18     (b) The owner, occupant, or lessee of private land, or an 
  2.19  authorized manager of public land may prohibit unauthorized 
  2.20  hunting, trapping, fishing, or trespassing outdoor recreation on 
  2.21  the land by posting signs once each year that: 
  2.22     (1) state "no trespassing" or similar terms; 
  2.23     (1) (2) display letters at least two inches high; 
  2.24     (2) (3) either: 
  2.25     (i) are signed by the owner, occupant, lessee, or 
  2.26  authorized manager; or 
  2.27     (ii) include the legible name and telephone number of the 
  2.28  owner, occupant, lessee, or authorized manager; and 
  2.29     (3) (4) either: 
  2.30     (i) are at intervals of 1,000 feet or less along the 
  2.31  boundary of the area, or in a wooded area where boundary lines 
  2.32  are not clear, at intervals of 500 feet or less; or 
  2.33     (ii) mark the primary corners of each parcel of land and 
  2.34  access roads and trails at the point of entrance to each parcel 
  2.35  of land except that corners only accessible through agricultural 
  2.36  land need not be posted. 
  3.1      (c) A person may not erect a sign that states "no hunting," 
  3.2   "no trapping," "no fishing," "no trespassing," or another sign 
  3.3   that prohibits trespass on land or water prohibits outdoor 
  3.4   recreation or trespassing where the person does not have a 
  3.5   property right, title, or interest to use the land. 
  3.6      Sec. 5.  Minnesota Statutes 1994, section 97B.001, 
  3.7   subdivision 5, is amended to read: 
  3.8      Subd. 5.  [RETRIEVING WOUNDED GAME FROM AGRICULTURAL LAND.] 
  3.9   Except as provided in subdivision 3, a hunter, person on foot, 
  3.10  may, without permission of the owner, occupant, or 
  3.11  lessee, retrieve wounded game, during the open season for the 
  3.12  game, from agricultural enter land that is not posted under 
  3.13  subdivision 4, without permission of the landowner to retrieve a 
  3.14  wounded animal that was lawfully shot.  The hunter must leave 
  3.15  the land immediately after retrieving the wounded game.  
  3.16     Sec. 6.  Minnesota Statutes 1994, section 97B.001, 
  3.17  subdivision 6, is amended to read: 
  3.18     Subd. 6.  [RETRIEVING HUNTING DOGS FROM PRIVATE LAND.] A 
  3.19  person on foot may, without permission of the landowner owner, 
  3.20  occupant, or lessee, enter private land on foot without a 
  3.21  firearm to retrieve a hunting dog that has treed or is at bay 
  3.22  with a raccoon, bobcat, coyote, or fox.  After retrieving the 
  3.23  dog, the person must immediately leave the premises.  
  3.24     Sec. 7.  Minnesota Statutes 1994, section 97B.001, 
  3.25  subdivision 7, is amended to read: 
  3.26     Subd. 7.  [TAKING WITH FIREARMS IN CERTAIN AREAS.] (a) A 
  3.27  person may not take a wild animal with a firearm within 500 feet 
  3.28  of a building occupied by a human or livestock without the 
  3.29  written permission of the owner, or occupant, or lessee:  
  3.30     (1) on another person's private agricultural land; or 
  3.31     (2) on a public right-of-way.  
  3.32     (b) A person may not take a wild animal with a firearm 
  3.33  without the permission of the owner, occupant, or lessee, within 
  3.34  500 feet of a stockade or corral containing livestock.  
  3.35     (c) A person may not take a wild animal with a firearm on 
  3.36  land other than agricultural land within 200 feet of a building 
  4.1   occupied by a human without the oral permission of the owner or 
  4.2   occupant of the building on any land where the person is 
  4.3   prohibited from entering by this section.  
  4.4      Sec. 8.  [97B.002] [CIVIL TRESPASS.] 
  4.5      Subdivision 1.  [AUTHORITY TO ISSUE.] Conservation 
  4.6   officers, sheriffs, and deputies may issue citations to a person 
  4.7   who trespasses in violation of section 97B.001 or removes a sign 
  4.8   posted to prevent trespass without permission of the owner of 
  4.9   the property. 
  4.10     Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
  4.11  following penalty amounts: 
  4.12     (1) $50 for the first violation; 
  4.13     (2) $200 for the second violation in a three-year period; 
  4.14     (3) for a third or subsequent violation in a three-year 
  4.15  period, the penalty shall be $500 and loss of every license or 
  4.16  registration being used; and 
  4.17     (4) $50 for removal of a sign posted pursuant to this 
  4.18  section. 
  4.19     Subd. 3.  [APPEALS.] Citations may be appealed under the 
  4.20  procedures in section 116.072, subdivision 6, if the person 
  4.21  requests a hearing by notifying the commissioner in writing 
  4.22  within 15 days after receipt of the citation.  If a hearing is 
  4.23  not requested within the 15-day period, the citation becomes a 
  4.24  final order not subject to further review. 
  4.25     Subd. 4.  [ENFORCEMENT OF FIELD CITATIONS.] Field citations 
  4.26  may be enforced under section 116.072, subdivisions 9 and 10. 
  4.27     Subd. 5.  [CUMULATIVE REMEDY.] The authority to issue field 
  4.28  citations is in addition to other remedies available under 
  4.29  statutory or common law, except that the state may not seek 
  4.30  penalties under any other provision of law for the incident 
  4.31  subject to the citation. 
  4.32     Subd. 6.  [PAYMENT OF PENALTY.] Penalty amounts shall be 
  4.33  remitted within 30 days of issuance of the penalty citation to 
  4.34  the issuer. 
  4.35     Subd. 7.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
  4.36  are deposited to the county or the commissioner for deposit in 
  5.1   the game and fish fund depending upon who issues the citation. 
  5.2      Sec. 9.  [APPLICABILITY.] 
  5.3      Section 8 applies to violations committed on or after 
  5.4   August 1, 1996.