SF 980

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/11/2025 09:27 a.m.

A bill for an act
relating to natural resources; requiring conservation officers to coordinate
investigation and enforcement activity with sheriffs; amending Minnesota Statutes
2024, sections 84.028, subdivision 3, by adding a subdivision; 84.0835, subdivision
2; 84.0895, subdivision 6; 86B.801, by adding a subdivision; 97A.205; 97A.215,
subdivision 1; 97A.221, subdivision 1; 97A.223, subdivision 1; 97A.225,
subdivision 1; 97A.241, subdivision 1; 97B.002, subdivision 1; 97B.065,
subdivision 2.

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

ARTICLE 1

SUBSTANTIVE CHANGES

Section 1.

Minnesota Statutes 2024, section 84.028, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Duty to coordinate with sheriffs. new text end

new text begin (a) A conservation officer must conduct
investigation and enforcement activities under the supervision of the sheriff's office for the
county in which the investigation or enforcement activities will be undertaken.
new text end

new text begin (b) Unless otherwise approved by labor contract, where a conservation officer's patrol
area consists of land located within a single county, the applicable sheriff's office has full
authority to assign shifts, hours of work, and days off; delegate overtime; and otherwise set
the conservation officer's schedule as necessary to ensure adequate natural resource protection
and public safety. Where a conservation officer's patrol area consists of land located in more
than one county, the sheriff's offices of the affected counties may jointly do the same.
new text end

new text begin (c) Except where prohibited by federal law or where waived under a policy adopted by
the applicable sheriff's office, a conservation officer must be accompanied by a sheriff or
deputy sheriff from the appropriate county whenever:
new text end

new text begin (1) performing an investigation; or
new text end

new text begin (2) performing any law enforcement activities other than activities that are:
new text end

new text begin (i) described in section 84.0835, subdivisions 2 and 3;
new text end

new text begin (ii) performed in response to a violation of law that occurs in the conservation officer's
presence that does not require further investigation;
new text end

new text begin (iii) necessary to prevent substantial harm to human life; or
new text end

new text begin (iv) in response to a request from another law enforcement agency or officer.
new text end

new text begin (d) Notwithstanding any other provision of law, any law that confers authority on
conservation officers by providing authority to peace officers must be construed consistently
with this section.
new text end

Sec. 2.

Minnesota Statutes 2024, section 84.0835, subdivision 2, is amended to read:

Subd. 2.

Designated employee authorities; generally.

An employee designated under
subdivision 1:

(1) has citizen arrest powers according to sections 629.37 to 629.39;

(2) may issue citations, on a form prescribed by the commissioner, in lieu of arrest for
petty misdemeanor violations and misdemeanor violations new text begin that occur in the employee's
presence new text end , unless the violation occurs in the presence of a conservation officer or other peace
officer, as defined under section 626.84, subdivision 1, paragraph (c); and

(3) may issue a report of violation to be turned over to a conservation officer or other
peace officer for possible charges at the peace officer's discretion.

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2024, section 84.028, subdivision 3, is amended to read:

Subd. 3.

Game warden duties; conservation officers.

The operation of the Game
Warden Service in the Division of Game and Fish as constituted before July 1, 1967, is
under the direct control and supervision of the commissioner. The name of the personnel
in such Game Warden Service is changed to conservation officers. new text begin Subject to the requirements
of subdivision 4, new text end conservation officers shall continue to have the powers and duties of game
wardens as they existed before July 1, 1967, and may be assigned to public relations,
conservation instructional activities, and the enforcement of laws relating to resources
management which the commissioner shall direct. The commissioner shall create a separate
division entitled the Division of Enforcement, to be composed of conservation officers and
shall appoint a director of the division. The commissioner may place the director's position
in the unclassified service if the position meets the criteria established in section 43A.08,
subdivision 1a.

Sec. 2.

Minnesota Statutes 2024, section 84.0895, subdivision 6, is amended to read:

Subd. 6.

Enforcement.

new text begin Subject to the requirements of section 84.028, subdivision 4, new text end a
peace officer or conservation officer, pursuant to chapter 626, may execute a warrant to
search for and seize goods, merchandise, plant or animal taken, sold or offered for sale in
violation of this section, or items used in connection with a violation of this section. Seized
property must be held pending judicial proceedings. Upon conviction, seized property is
forfeited to the state and must be offered to a scientific or educational institution or destroyed.

Sec. 3.

Minnesota Statutes 2024, section 86B.801, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Relation to other law. new text end

new text begin This section is subject to the requirements of section
84.028, subdivision 4.
new text end

Sec. 4.

Minnesota Statutes 2024, section 97A.205, is amended to read:

97A.205 ENFORCEMENT OFFICER; POWERS.

(a) new text begin Subject to the requirements of section 84.028, subdivision 4, new text end an enforcement officer
is authorized to:

(1) execute and serve court issued warrants and processes relating to wild animals, wild
rice, public waters, water pollution, conservation, and use of water, in the same manner as
a sheriff;

(2) enter any land to carry out the duties and functions of the division;

(3) make investigations of violations of the game and fish laws;

(4) take an affidavit, if it aids an investigation;

(5) arrest, without a warrant, a person who is detected in the actual violation of the game
and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G,
sections 86B.001 to 86B.815, 89.51 to 89.64; or 609.66, subdivision 1, clauses (1), (2), (5),
and (7); and 609.68; and

(6) take an arrested person before a court in the county where the offense was committed
and make a complaint.

(b) Nothing in this section grants an enforcement officer any greater powers than other
licensed peace officers.

Sec. 5.

Minnesota Statutes 2024, section 97A.215, subdivision 1, is amended to read:

Subdivision 1.

Storing wild animals.

(a) new text begin Subject to the requirements of section 84.028,
subdivision 4, new text end when an enforcement officer has probable cause to believe that wild animals
possessed or stored in violation of the game and fish laws are present, the enforcement
officer may enter and inspect any commercial cold storage warehouse, hotel, restaurant, ice
house, locker plant, butcher shop, and other building used to store dressed meat, game, or
fish, to determine whether wild animals are kept and stored in compliance with the game
and fish laws.

(b) When an enforcement officer has probable cause to believe that wild animals taken
or possessed in violation of the game and fish laws are present, the officer may:

(1) enter and inspect any place or vehicle; and

(2) open and inspect any package or container.

Sec. 6.

Minnesota Statutes 2024, section 97A.221, subdivision 1, is amended to read:

Subdivision 1.

Property subject to seizure and confiscation.

(a) new text begin Subject to the
requirements of section 84.028, subdivision 4, new text end an enforcement officer may seize:

(1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported,
or possessed in violation of the game and fish laws or chapter 84 or 84D; and

(2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights,
lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment
that are used with the owner's knowledge to unlawfully take or transport wild animals, wild
rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section.

(b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is
subject to the provisions of section 97A.225.

(c) An enforcement officer must seize nets and equipment unlawfully possessed within
ten miles of Lake of the Woods or Rainy Lake.

Sec. 7.

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

Subdivision 1.

Property subject to seizure and forfeiture.

(a) new text begin Subject to the
requirements of section 84.028, subdivision 4, new text end an enforcement officer must seize:

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

(2) property described in section 97A.221, subdivision 1, where no owner can be
determined.

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

Sec. 8.

Minnesota Statutes 2024, section 97A.225, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) new text begin Subject to the requirements of section 84.028, subdivision
4, new text end an enforcement officer must seize all motor vehicles used to:

(1) shine wild animals in violation of section 97B.081, subdivision 1;

(2) transport big game animals illegally taken or fur-bearing animals illegally purchased;
or

(3) transport minnows in violation of section 97C.501, 97C.515, or 97C.525.

(b) An enforcement officer must seize all boats and motors used in netting fish on Lake
of the Woods, Rainy Lake, Lake Superior, Namakan Lake, and Sand Point Lake in violation
of licensing or operating requirements of section 97A.475, subdivision 30, 97C.825, 97C.831,
or 97C.835, or a rule of the commissioner relating to these provisions.

(c) An enforcement officer may seize all boats and motors with their trailers that are
used to take, possess, or transport wild animals when the restitution value of the wild animals
exceeds $500.

Sec. 9.

Minnesota Statutes 2024, section 97A.241, subdivision 1, is amended to read:

Subdivision 1.

Officers of other jurisdictions as special conservation officers.

With
approval of the proper authority of another state or the United States, the commissioner
may appoint any salaried and bonded officer of that jurisdiction authorized to enforce its
wild animal laws a special conservation officer of this state. A special conservation officer
is subject new text begin to section 84.028, subdivision 4, and new text end to the supervision and control of and serves
at the pleasure of the commissioner, but may not be compensated by this state. A special
conservation officer has powers of and is subject to the liabilities of conservation officers
of this state, except as otherwise directed by the commissioner.

Sec. 10.

Minnesota Statutes 2024, section 97B.002, subdivision 1, is amended to read:

Subdivision 1.

Authority to issue.

new text begin Subject to the requirements of section 84.028,
subdivision 4, new text end conservation officers, sheriffs, and deputies may issue citations to a person
who trespasses in violation of section 84.90 or 97B.001 or removes a sign posted to prevent
trespass without permission of the owner of the property.

Sec. 11.

Minnesota Statutes 2024, section 97B.065, subdivision 2, is amended to read:

Subd. 2.

Arrest.

new text begin Subject to the requirements of section 84.028, subdivision 4, new text end a peace
officer may arrest a person for a violation under subdivision 1 without a warrant upon
probable cause, without regard to whether the violation was committed in the officer's
presence.