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HF 1581

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2018 05:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to natural resources; modifying enforcement and penalty provisions;
providing criminal penalties; amending Minnesota Statutes 2016, sections 97A.201,
subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420,
subdivision 1; 97A.421, subdivision 2a.

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

Section 1.

Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read:


Subd. 2.

Duty of deleted text begin county attorneys anddeleted text end peace officers.

deleted text begin County attorneys anddeleted text end All peace
officers must enforce the game and fish laws.

Sec. 2.

Minnesota Statutes 2016, 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 are the primary prosecuting
authority for violations under section 97A.205, clause (5).
 new text end

new text begin (b) Prosecution under paragraph (a) includes associated civil forfeiture actions provided
by law. Thirty percent of the net proceeds from the sale of forfeited property under section
97A.225 is considered a cost of forfeiting the property and must be forwarded to the
prosecuting authority that handled the forfeiture for deposit as a supplement to the authority's
operating fund or similar fund for prosecutorial purposes.
 new text end

Sec. 3.

Minnesota Statutes 2016, 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 ofdeleted text end new text begin violatesnew 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. 4.

Minnesota Statutes 2016, 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.new text begin Except as provided in paragraph (b), new text end a
violation under this deleted text begin sectiondeleted text end new text begin paragraphnew text end is a gross misdemeanor.

new text begin (b) If a wild animal involved in a gross overlimit violation is listed as a threatened or
endangered wild animal, the penalty in paragraph (a) does not apply unless more than one
animal is taken, possessed, or transported in violation of the game and fish laws.
 new text end

Sec. 5.

Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read:


Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the license
of a person who unlawfully takes, transports, or possesses wild animals when the restitution
value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
person may not use or obtain any license to take the same type of wild animals involved,
including a duplicate license, until an action is taken under subdivision 6. If the license
seized under this paragraph was for a big game animal, the license seizure applies to all
licenses to take big game issued to the individual. If the license seized under this paragraph
was for small game animals, the license seizure applies to all licenses to take small game
issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of the
wild animals unlawfully taken, possessed, or transported is deleted text begin $5,000deleted text end new text begin $1,000new text end or more, all other
game and fish licenses held by the person shall be immediately seized. Except as provided
in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this subdivision
until an action is taken under subdivision 6.

Sec. 6.

Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read:


Subd. 2a.

Issuance after conviction; gross overlimits.

(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 when the restitution value of the wild animals is $2,000
or more.
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 deleted text begin a period ofdeleted text end five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is deleted text begin $5,000deleted text end new text begin $1,000new text end or morenew text begin ,
but less than $2,000new text end ; 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 deleted text begin a period ofdeleted text end 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 (a)new text begin or (b)new text end , clause (2),
deleted text begin shall bedeleted text end new text begin arenew text end consecutive and no wild animals of any kind may be taken during the entire
new text begin revocation new text end period.

new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered
wild animal, the revocations under this subdivision do not apply unless more than one animal
is taken, possessed, or transported in violation of the game and fish laws.
 new text end

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