SF 2735

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 07/15/2025 10:59 a.m.

A bill for an act
relating to natural resources; requiring removal and disposal of abandoned boats;
providing criminal and civil penalties; amending Minnesota Statutes 2024, sections
97A.223, subdivision 1; 97A.421, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 86B.

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

Section 1.

new text begin [86B.109] ABANDONED WATERCRAFT.
new text end

new text begin Subdivision 1. new text end

new text begin Tagging authority; notice to owner. new text end

new text begin (a) A peace officer or an employee
designated by the commissioner under section 84.0835 may place a tag on a watercraft
unlawfully located on public accesses, public lands, and waters of this state or unlawfully
located on property adjacent to waters of this state. A watercraft is unlawfully located if the
watercraft appears to be:
new text end

new text begin (1) inoperative and neglected, wrecked, stranded, or substantially dismantled;
new text end

new text begin (2) in immediate danger of sinking; or
new text end

new text begin (3) unmoored and unattended.
new text end

new text begin (b) A peace officer or employee who places a tag on a watercraft under this subdivision
must notify the commissioner of placing the tag within 48 hours. The notification must
include a statement of the basis for the decision to place a tag on the watercraft.
new text end

new text begin (c) Upon receiving notification under paragraph (b), the commissioner must send a notice
by certified mail, return receipt requested, to the registered owner of the watercraft. The
notice must state that:
new text end

new text begin (1) the watercraft has been tagged and the condition that resulted in the watercraft being
tagged must be remedied immediately; and
new text end

new text begin (2) failure to remedy within 14 days of the notice being sent is a criminal violation that
may result in civil and criminal penalties and the forfeiture of the watercraft.
new text end

new text begin Subd. 2. new text end

new text begin Failure to remedy. new text end

new text begin The registered owner of a watercraft who knowingly fails
to remedy the condition that resulted in the watercraft being tagged within 14 days of the
commissioner sending the notice required by subdivision 1, paragraph (c), is guilty of a
misdemeanor. In addition, the owner is liable to the Department of Natural Resources for
all costs incurred by the commissioner in enforcing this section against the owner and is
subject to a civil penalty of not less than two times nor more than five times the costs incurred
by the commissioner to remove, process, and dispose of the watercraft. Civil penalties
imposed under this subdivision may be enforced and distributed as provided in section
115A.99.
new text end

new text begin Subd. 3. new text end

new text begin Seizure of abandoned watercraft. new text end

new text begin Fourteen days after the commissioner sends
the notice required by subdivision 1, paragraph (c), to the registered owner, or concludes
that there is no registered owner, the commissioner must investigate the watercraft. If, upon
inspection, the watercraft has not been removed and the condition that prompted the peace
officer or employee to tag it has not been substantially remedied, the watercraft is considered
abandoned and the commissioner must seize and forfeit the watercraft according to section
97A.223.
new text end

new text begin Subd. 4. new text end

new text begin Relation to other law. new text end

new text begin An abandoned watercraft that becomes submerged and
subject to section 86B.107 must be removed and disposed of in accordance with that section.
new text end

new text begin Subd. 5. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to previously sunk watercraft of
historical significance or that are currently a destination for scuba divers or commercial
tourism that do not pose an ongoing environmental or public safety risk.
new text end

Sec. 2.

Minnesota Statutes 2024, section 97A.223, subdivision 1, is amended to read:

Subdivision 1.

Property subject to seizure and forfeiture.

(a) An enforcement officer
must seize:

(1) firearms possessed in violation of state or federal law or court order; deleted text begin and
deleted text end

(2) property described in section 97A.221, subdivision 1, where no owner can be
determined deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) a watercraft that is abandoned according to section 86B.109, subdivision 3.
new text end

(b) Property seized under this section is subject to administrative forfeiture.

Sec. 3.

Minnesota Statutes 2024, section 97A.421, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Restrictions after conviction; abandoned watercraft. new text end

new text begin (a) After a conviction
under section 86B.109, subdivision 2, the following license and registration restrictions
remain in effect until the person reimburses the Department of Natural Resources for all
the department's costs under section 86B.109, subdivision 2:
new text end

new text begin (1) all the person's annual game and fish licenses are void;
new text end

new text begin (2) the person may not act under any lifetime game and fish license;
new text end

new text begin (3) all the person's watercraft licenses and registrations that are required to operate
watercraft in the state are void;
new text end

new text begin (4) all the person's off-highway vehicle and snowmobile licenses and registrations that
are required to operate those vehicles in the state are void; and
new text end

new text begin (5) the person may not obtain any of the licenses or registrations described in clauses
(1) to (4).
new text end

new text begin (b) If a conviction under section 86B.109, subdivision 2, was for abandoning a watercraft
in a boundary water of the state, the commissioner must coordinate with neighboring
jurisdictions to ensure that, to the maximum extent practicable, the person is subject to
similar consequences in the neighboring jurisdiction as those imposed under paragraph (a).
new text end