HF 2845

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/17/2016 04:59pm

A bill for an act
relating to game and fish; modifying penalties for gross overlimits; providing
criminal penalties; amending Minnesota Statutes 2014, sections 97A.201, by
adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.421, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 97A.201, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin (a) County attorneys must prosecute violations an
enforcement officer is authorized to enforce under section 97A.205, clause (5).
new text end

new text begin (b) Prosecution under paragraph (a) includes associated civil actions provided by law.
new text end

Sec. 2.

Minnesota Statutes 2014, section 97A.301, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

Unless a different penalty is prescribed, a person
is guilty of a misdemeanor if that person:

(1) deleted text begin takes, buys, sells, transports or possesses a wild animal in violation of deleted text end new text begin violates new text end
the game and fish laws;

(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or
requirement new text end of the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 3.

Minnesota Statutes 2014, section 97A.338, is amended to read:

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in
closed season, or without a valid license, when the restitution value of the wild animals
is over $1,000 is guilty of a gross overlimit violation. A violation under this deleted text begin section deleted text end new text begin
paragraph new text end is a gross misdemeanor.

new text begin (b) A person who takes, possesses, or transports two or more trophy animals as
defined in Minnesota Rules, part 6133.0020, subpart 11, over the legal limit, in closed
season, or without a valid license, is guilty of a gross overlimit violation. A violation
under this paragraph is a gross misdemeanor.
new text end

Sec. 4.

Minnesota Statutes 2014, section 97A.421, subdivision 2a, is amended to read:

Subd. 2a.

License revocation after conviction.

(a) new text begin A person may not obtain a
license to take a wild animal and is prohibited from taking wild animals for ten years after
the date of conviction of a violation of section 97A.338, paragraph (b). new text end

new text begin
(b) new text end A person may not obtain a license to take a wild animal and is prohibited from
taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is $5,000 or more; or

(2) a violation when the restitution value of the wild animals exceeds $500 and
the violation occurs within ten years of one or more previous license revocations under
this subdivision.

deleted text begin (b) deleted text end new text begin (c) new text end A person may not obtain a license to take the type of wild animals involved in
a violation when the restitution value of the wild animals exceeds $500 and is prohibited
from taking the type of wild animals involved in the violation for a period of three years
after the date of conviction of a violation.

deleted text begin (c) deleted text end new text begin (d) new text end The time period of multiple revocations under paragraph deleted text begin (a) deleted text end new text begin (b) new text end , clause
(2), deleted text begin shall be deleted text end new text begin is new text end consecutive and no wild animals of any kind may be taken during the
entire period.

deleted text begin (d) deleted text end new text begin (e) new text end The court may not stay or reduce the imposition of license revocation
provisions under this subdivision.