HF 3208

as introduced - 89th Legislature (2015 - 2016) Posted on 05/18/2016 04:02pm

A bill for an act
relating to game and fish; modifying blaze orange hunting requirements to allow
blaze pink; amending Minnesota Statutes 2014, section 97B.071.

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

Section 1.

Minnesota Statutes 2014, section 97B.071, is amended to read:

97B.071 deleted text begin BLAZE ORANGE deleted text end new text begin CLOTHING new text end REQUIREMENTS new text begin ; BLAZE
ORANGE OR BLAZE PINK new text end .

(a) Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange new text begin or blaze pink new text end . Blaze orange new text begin or blaze
pink new text end includes a camouflage pattern of at least 50 percent blaze orange new text begin or blaze pink new text end within
each foot square. This section does not apply to migratory waterfowl hunters on waters of
this state or in a stationary shooting location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
at least one article of the person's clothing above the waist is blaze orange new text begin or blaze pink new text end .
This paragraph does not apply to a person when in a stationary location while hunting
deer by archery or when hunting small game by falconry.

(c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.

Sec. 2. new text begin RULEMAKING; BLAZE PINK.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6232.2500, 6232.2550, 6232.2560, 6232.3700, and 6232.4400, to allow a person to wear
blaze pink as provided in Minnesota Statutes, section 97B.071.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end