HF 1657

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; clarifying enforcement 
  1.3             powers of conservation officers; establishing 
  1.4             procedures for confiscation and sale of property; 
  1.5             amending Minnesota Statutes 1994, sections 97A.205; 
  1.6             97A.215, subdivision 1; and 97A.221, subdivision 1, 
  1.7             and by adding subdivisions.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 97A.205, is 
  1.10  amended to read: 
  1.11     97A.205 [ENFORCEMENT OFFICER POWERS.] 
  1.12     An enforcement officer is authorized to:  
  1.13     (1) execute and serve court issued warrants and processes 
  1.14  relating to wild animals, wild rice, public waters, water 
  1.15  pollution, conservation, and use of water, in the same manner as 
  1.16  a constable or sheriff; 
  1.17     (2) enter any land to carry out the duties and functions of 
  1.18  the division; 
  1.19     (3) make investigations of violations of the game and fish 
  1.20  laws; 
  1.21     (4) take an affidavit, if it aids an investigation; 
  1.22     (5) arrest, without a warrant, a person who is detected in 
  1.23  the actual violation of the game and fish laws, a provision of 
  1.24  chapters 84, 84A, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 
  1.25  86B.001 to 86B,815, 89.51 to 89.61; or 609.66, subdivision 1, 
  1.26  clauses (1), (2), (5), and (7); and 609.68; and 
  2.1      (6) take an arrested person before a court in the county 
  2.2   where the offense was committed and make a complaint. 
  2.3      Nothing in this section grants a conservation enforcement 
  2.4   officer any greater powers than other law enforcement officers.  
  2.5   Their ability to enter upon private property without permission 
  2.6   or to arrest or search without a warrant is subject to the same 
  2.7   restrictions and observance of individual rights as other law 
  2.8   enforcement officers. 
  2.9      Sec. 2.  Minnesota Statutes 1994, section 97A.215, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [STORAGE OF WILD ANIMALS.] (a) When an 
  2.12  enforcement officer has probable cause to believe that wild 
  2.13  animals possessed or stored in violation of the game and fish 
  2.14  laws are present, the enforcement officer may enter and inspect 
  2.15  any commercial cold storage warehouse, hotel, restaurant, ice 
  2.16  house, locker plant, butcher shop, and other building used to 
  2.17  store dressed meat, game, or fish, to determine whether wild 
  2.18  animals are kept and stored in compliance with the game and fish 
  2.19  laws.  
  2.20     (b) When an enforcement officer has probable cause to 
  2.21  believe that wild animals taken or possessed in violation of the 
  2.22  game and fish laws are present, the officer may: 
  2.23     (1) enter and inspect any place or vehicle; and 
  2.24     (2) open and inspect any package or container, but an 
  2.25  officer may not enter a private residence without having 
  2.26  obtained a search warrant by a judge authorized to issue 
  2.27  warrants in a criminal case. 
  2.28     Sec. 3.  Minnesota Statutes 1994, section 97A.221, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [PROPERTY SUBJECT TO CONFISCATION.] (a) An 
  2.31  enforcement officer may confiscate: 
  2.32     (1) wild animals, wild rice, and other aquatic vegetation 
  2.33  taken, bought, sold, transported, or possessed in violation of 
  2.34  the game and fish laws or chapter 84; and 
  2.35     (2) firearms, bows and arrows, nets, boats, lines, poles, 
  2.36  fishing rods and tackle, lights, lanterns, snares, traps, 
  3.1   spears, dark houses, fish houses, and wild rice harvesting 
  3.2   equipment that are used with the owner's knowledge to unlawfully 
  3.3   take or transport wild animals, wild rice, or other aquatic 
  3.4   vegetation.  
  3.5      (b) An enforcement officer must confiscate nets and 
  3.6   equipment unlawfully possessed within ten miles of Lake of the 
  3.7   Woods or Rainy Lake.  
  3.8      (c) Confiscated property may be disposed of, retained for 
  3.9   use by the division, or sold at the highest price obtainable as 
  3.10  prescribed by the commissioner a judge authorized to issue 
  3.11  warrants in a criminal case.  
  3.12     Sec. 4.  Minnesota Statutes 1994, section 97A.221, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 3.  [PROCEDURE FOR CONFISCATION OF PROPERTY 
  3.15  SEIZED.] The enforcement officer must hold the seized property, 
  3.16  subject to the order of the court having jurisdiction where the 
  3.17  offense was committed.  The property held is confiscated when 
  3.18  the commissioner complies with this section and the person from 
  3.19  whom it was seized is convicted of the offense. 
  3.20     Sec. 5.  Minnesota Statutes 1994, section 97A.221, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 4.  [COMPLAINT AGAINST PROPERTY.] The commissioner 
  3.23  shall file with the court a separate complaint against the 
  3.24  property held.  The complaint must identify the property, 
  3.25  describe its use in the violation, and specify the time and 
  3.26  place of the violation.  A copy of the complaint must be served 
  3.27  upon the defendant or the owner of the property. 
  3.28     Sec. 6.  Minnesota Statutes 1994, section 97A.221, is 
  3.29  amended by adding a subdivision to read: 
  3.30     Subd. 5.  [RELEASE OF PROPERTY AFTER POSTING BOND.] At any 
  3.31  time after seizure of the property specified in this section, 
  3.32  the property must be returned to the owner or person having the 
  3.33  legal right to possession upon execution of a valid bond to the 
  3.34  state with a corporate surety.  The bond must be approved by a 
  3.35  judge of the court of jurisdiction, conditioned to abide by an 
  3.36  order and judgment of the court and to pay the full value of the 
  4.1   property at the time of seizure.  The bond must be for $100 or 
  4.2   for a greater amount not more than twice the value of the 
  4.3   property seized. 
  4.4      Sec. 7.  Minnesota Statutes 1994, section 97A.221, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 6.  [COURT ORDER.] (a) If the person arrested is 
  4.7   acquitted, the court shall dismiss the complaint against the 
  4.8   property and order the property returned to the person legally 
  4.9   entitled to it. 
  4.10     (b) Upon conviction of the person, the court shall issue an 
  4.11  order directed to any person who may have any right, title, or 
  4.12  interest in, or lien upon, the seized property.  The order must 
  4.13  describe the property and state that it was seized and that a 
  4.14  complaint against it has been filed.  The order shall require a 
  4.15  person claiming right, title, or interest in, or lien upon, the 
  4.16  property to file with the court administrator an answer to the 
  4.17  complaint, stating the claim, within ten days after the service 
  4.18  of the order.  The order must contain a notice that if the 
  4.19  person fails to file an answer within the time limit, the 
  4.20  property may be ordered sold by the commissioner. 
  4.21     (c) The court order must be served upon any person known or 
  4.22  believed to have any right, title, interest, or lien in the same 
  4.23  manner as provided for service of a summons in a civil action, 
  4.24  and upon unknown persons by publication, in the same manner as 
  4.25  provided for publication of a summons in a civil action. 
  4.26     Sec. 8.  Minnesota Statutes 1994, section 97A.221, is 
  4.27  amended by adding a subdivision to read: 
  4.28     Subd. 7.  [COURT-ORDERED SALE AFTER NO ANSWER.] If an 
  4.29  answer is not filed within the time provided in subdivision 6, 
  4.30  the court administrator shall notify the court and the court 
  4.31  shall order the commissioner to sell the property.  The net 
  4.32  proceeds of the sale shall be deposited in the state treasury 
  4.33  and credited to the game and fish fund. 
  4.34     Sec. 9.  Minnesota Statutes 1994, section 97A.221, is 
  4.35  amended by adding a subdivision to read: 
  4.36     Subd. 8.  [HEARING AFTER ANSWER.] If an answer is filed 
  5.1   within the time provided in subdivision 6, the court shall 
  5.2   schedule a hearing within ten to 30 days after the time expired 
  5.3   for filing the answer.  The court, without a jury, shall 
  5.4   determine whether any of the property was used in a violation 
  5.5   specified in the complaint and whether the owner had knowledge 
  5.6   or reason to believe that the property was being used, or 
  5.7   intended to be used, in the violation.  The court shall order 
  5.8   the commissioner to sell the property that was unlawfully used 
  5.9   with knowledge of the owner and to return to the owner property 
  5.10  that was not unlawfully used with the knowledge of the owner.  
  5.11  If the property is to be sold, the court shall determine the 
  5.12  priority of liens against the property and whether the 
  5.13  lienholders had knowledge that the property was being used or 
  5.14  was intended to be used.  Lienholders that had knowledge of the 
  5.15  property's use in the violation are not to be paid.  The court 
  5.16  order must state the priority of the liens to be paid. 
  5.17     Sec. 10.  Minnesota Statutes 1994, section 97A.221, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 9.  [PROCEEDS OF SALE.] After determining the expense 
  5.20  of seizing, keeping, and selling the property, the commissioner 
  5.21  must pay the liens from the proceeds according to the court 
  5.22  order.  The remaining proceeds shall be deposited in the state 
  5.23  treasury and credited to the game and fish fund. 
  5.24     Sec. 11.  Minnesota Statutes 1994, section 97A.221, is 
  5.25  amended by adding a subdivision to read: 
  5.26     Subd. 10.  [CANCELLATION OF SECURITY INTERESTS.] A sale 
  5.27  under this section cancels all liens on and security interests 
  5.28  in the property sold.