HF 1892

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; prohibiting the 
  1.3             obstruction or impedance of hunters, trappers, or 
  1.4             anglers; providing penalties; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 97A; repealing 
  1.6             Minnesota Statutes 1994, section 97A.037. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [97A.038] [OBSTRUCTION OR IMPEDANCE OF LAWFUL 
  1.9   HUNTING, TRAPPING, OR ANGLING PROHIBITED.] 
  1.10     Subdivision 1.  [PROHIBITION.] No person may obstruct or 
  1.11  impede another person who is engaged in the lawful taking of 
  1.12  wild animals at the location where the activity is taking place 
  1.13  with the intent to prevent such taking. 
  1.14     Subd. 2.  [ACTS CONSTITUTING.] A person violates this 
  1.15  section when he or she intentionally or knowingly:  
  1.16     (1) drives or disturbs wild animals for the purpose of 
  1.17  disrupting the lawful taking of wild animals where another 
  1.18  person is engaged in the process of lawfully taking wild 
  1.19  animals; 
  1.20     (2) obstructs, blocks, or otherwise impedes another person 
  1.21  who is engaged in the process of lawfully taking wild animals; 
  1.22     (3) uses natural or artificial visual, aural, olfactory, or 
  1.23  physical stimuli to affect wild animal behavior in order to 
  1.24  hinder or prevent the lawful taking of wild animals; 
  1.25     (4) erects barriers with the intent to deny ingress or 
  1.26  egress to areas where the lawful taking of wild animals may 
  2.1   occur; 
  2.2      (5) interjects himself or herself into the line of fire 
  2.3   with the intent to prevent the lawful taking of wild animals; 
  2.4      (6) affects the condition or placement of personal or 
  2.5   public property intended for use in the lawful taking of wild 
  2.6   animals in order to impair its usefulness or prevent its use; or 
  2.7      (7) enters or remains upon private lands without the 
  2.8   permission of the owner or the owner's agent, with intent to 
  2.9   violate this section. 
  2.10     Subd. 3.  [OFFICIAL ACTIONS EXEMPT.] This section does not 
  2.11  apply to actions performed by conservation officers and other 
  2.12  law enforcement officers if the actions are authorized by law 
  2.13  and are necessary for the performance of their official duties. 
  2.14     Subd. 4.  [LANDOWNER ACTIONS EXEMPT.] This section does not 
  2.15  apply to landowners, tenants, or leaseholders exercising their 
  2.16  legal rights to the enjoyment of land, including, but not 
  2.17  limited to, farming, ranching, and restricting trespass. 
  2.18     Subd. 5.  [SPEECH PROTECTED.] It is an affirmative defense 
  2.19  to the prosecution for violation of this section if the 
  2.20  defendant's conduct is protected by his or her right to freedom 
  2.21  of speech under the constitution of this state or of the United 
  2.22  States. 
  2.23     Subd. 6.  [OFF-PREMISES ACTIVITIES.] Any interested parties 
  2.24  may engage in protests or other free speech activities adjacent 
  2.25  to or on the perimeter of the location where the lawful taking 
  2.26  of wild animals is taking place provided that none of the 
  2.27  provisions in subdivision 1 or 2 is being violated. 
  2.28     Subd. 7.  [PENALTY.] Any person who violates any provision 
  2.29  of this section is guilty of a misdemeanor, and upon conviction, 
  2.30  shall be punished by a fine of not more than $500 or 
  2.31  imprisonment of not more than 30 days, or both. 
  2.32     Sec. 2.  [97A.039] [INJUNCTIVE RELIEF.] 
  2.33     Any person who is affected or who may be affected by the 
  2.34  prohibited conduct of section 1 may petition for an injunction 
  2.35  that prevents violation of this section upon a showing that such 
  2.36  conduct is threatened or that such conduct has occurred at a 
  3.1   particular location in the past and that it is not unreasonable 
  3.2   to expect that similar circumstances will occur. 
  3.3      Sec. 3.  [CIVIL LIABILITY.] 
  3.4      A person who engages in conduct in violation of section 1 
  3.5   is liable in a civil action brought by any person who is 
  3.6   adversely affected by the prohibited conduct, and any award for 
  3.7   damages may include punitive damages.  In addition to any other 
  3.8   items of special damage, the measure of damages may include 
  3.9   expenditures of the affected person for license and permit fees, 
  3.10  travel, guides, and special equipment and supplies to the extent 
  3.11  that such expenditures were rendered futile by the violation. 
  3.12     Sec. 4.  [REPEAL.] 
  3.13     Minnesota Statutes 1994, section 97A.037, is repealed.