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Minnesota Legislature

Office of the Revisor of Statutes

SF 1502

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to natural resources; modifying restrictions and conforming penalties on
shining artificial lights; amending Minnesota Statutes 2008, sections 97A.331,
subdivision 2; 97B.081.

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

Section 1.

Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to
read:


Subd. 2.

Shining.

A person that violates section 97B.081, new text beginsubdivision 1, new text endrelating to
the use of an artificial light to locate wild animals deleted text beginwhile in possession of a firearm, bow, or
other implement capable of killing big game
deleted text end is guilty of a gross misdemeanor.

Sec. 2.

Minnesota Statutes 2008, section 97B.081, is amended to read:


97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.

Subdivision 1.

With deleted text beginfirearms and bowsdeleted text endnew text begin implements to take wild animalsnew text end.

deleted text begin(a)deleted text endnew text begin
Except as provided in subdivision 3,
new text end a person may not cast the rays of a spotlight,
headlight, or other artificial light on a highway, or in a field, woodland, or forest, to spot,
locate, or take a wild animaldeleted text begin, except while taking raccoons in accordance with section
97B.621, subdivision 3, or tending traps in accordance with section 97B.931,
deleted text end while
having in possession, either individually or as one of a group of persons, a firearm, bow,
or other implement that could be used to deleted text beginkilldeleted text endnew text begin takenew text end big gamenew text begin, small game, or unprotected
wild animals
new text end.

deleted text begin (b) This subdivision does not apply to a firearm that is:
deleted text end

deleted text begin (1) unloaded;
deleted text end

deleted text begin (2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
deleted text end

deleted text begin (3) in the closed trunk of a motor vehicle.
deleted text end

deleted text begin (c) This subdivision does not apply to a bow that is:
deleted text end

deleted text begin (1) completely encased or unstrung; and
deleted text end

deleted text begin (2) in the closed trunk of a motor vehicle.
deleted text end

deleted text begin (d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
deleted text end

deleted text begin (e) This subdivision does not apply to persons taking raccoons under section
97B.621, subdivision 3.
deleted text end

deleted text begin (f) This subdivision does not apply to a person hunting fox or coyote from January 1
to March 15 while using a handheld artificial light, provided that the person:
deleted text end

deleted text begin (1) is on foot;
deleted text end

deleted text begin (2) is using a shotgun;
deleted text end

deleted text begin (3) is not within a public road right-of-way;
deleted text end

deleted text begin (4) is using a handheld or electronic calling device; and
deleted text end

deleted text begin (5) is not within 200 feet of a motor vehicle.
deleted text end

Subd. 2.

Without deleted text beginfirearmsdeleted text endnew text begin implements to take wild animalsnew text end.

(a) deleted text beginBetween the
hours of 10:00 p.m. and 6:00 a.m. from September 1 to December 31,
deleted text endnew text begin Except as provided
in subdivision 3, from two hours after sunset until sunrise,
new text end a person may not cast the rays
of a spotlight, headlight, or other artificial light new text beginon a highway, or new text endin a field, woodland,
or forest to spotdeleted text begin,deleted text endnew text begin ornew text end locatedeleted text begin, or takedeleted text end a wild animal deleted text beginexcept to take raccoons under section
97B.621, subdivision 3, or to tend traps under section 97B.931
deleted text end.

(b) deleted text beginBetween one-half hour after sunset until sunrise,deleted text endnew text begin Except as provided in
subdivision 3,
new text end a person may not cast the rays of a spotlight, headlight, or other artificial
light deleted text beginto spot, locate, or take a wild animaldeleted text end on fenced, agricultural landnew text begin.new text end deleted text begincontaining
livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs
prohibiting the shining of lights. The signs must:
deleted text end

deleted text begin (1) display reflectorized letters that are at least two inches in height and state "no
shining" or similar terms; and
deleted text end

deleted text begin (2) be placed at intervals of 1,000 feet or less along the boundary of the area.
deleted text end

deleted text begin (c) It is not a violation of paragraph (a) or (b) for a person to carry out any
agricultural, occupational, or recreational practice, including snowmobiling that is not
related to spotting, locating, or taking a wild animal.
deleted text end

deleted text begin (d) Between the hours of 6:00 p.m. and 6:00 a.m.deleted text endnew text begin (c) Except as provided in
subdivision 3
new text end, a person may not deleted text beginproject a spotlight or handhelddeleted text endnew text begin cast an artificialnew text end light onto
residential property or building sites from a deleted text beginmovingdeleted text end motor vehicle deleted text beginbeing operated on
land, except for the following purposes:
deleted text endnew text begin.
new text end

deleted text begin (1) safety;
deleted text end

deleted text begin (2) emergency response;
deleted text end

deleted text begin (3) normal vehicle operations; or
deleted text end

deleted text begin (4) performing an occupational duty.
deleted text end

new text begin (d) Except as provided in subdivision 3, a person may not at any time cast the rays of
a spotlight, headlight, or other artificial light onto property posted with signs prohibiting
the shining of lights onto the property. When signs are posted, the signs shall display
letters that are at least two inches in height and state "no shining" or similar terms and
shall be placed at intervals of 500 feet or less along the boundary of the property.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) It is not a violation of this section for a person to:
new text end

new text begin (1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
new text end

new text begin (2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:
new text end

new text begin (i) on foot;
new text end

new text begin (ii) using a shotgun;
new text end

new text begin (iii) not within a public road right-of-way;
new text end

new text begin (iv) using a handheld or electronic calling device; and
new text end

new text begin (v) not within 200 feet of a motor vehicle; or
new text end

new text begin (3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:
new text end

new text begin (i) on foot; and
new text end

new text begin (ii) not in possession of a firearm or bow.
new text end

new text begin (b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:
new text end

new text begin (1) carry out any agricultural, safety, emergency response, normal vehicle operation,
or occupational-related activities that do not involve taking wild animals; or
new text end

new text begin (2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.
new text end

Sec. 3. new text beginTEMPORARY WARNING REQUIREMENTS; SHINING WITHOUT
IMPLEMENTS TO TAKE WILD ANIMALS.
new text end

new text begin A violation prior to August 1, 2010, of Minnesota Statutes, section 97B.081,
subdivision 2, shall not result in a penalty, but is punishable only by a warning.
new text end