SF 1817

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to game and fish; establishing hunters', anglers', and trappers' bill of
rights; proposing amendments to the Minnesota Constitution, articles I and XIII
to protect the right to arms and the right to wear fur and display game; requiring
the commissioner of natural resources to ensure hunting and fishing access;
establishing a program to allow public walk-in access on private property;
appropriating money; amending Minnesota Statutes 2008, sections 97A.045, by
adding a subdivision; 97A.083; 97B.001, subdivision 7; proposing coding for
new law in Minnesota Statutes, chapter 86A.

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

ARTICLE 1

FINDINGS AND PURPOSE

Section 1. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end

new text begin This act shall be cited as the "Hunters', Anglers', and Trappers' Bill of Rights." The
purpose of this act is to maximize opportunities for citizens to exercise their rights under
article XIII, section 12, of the Minnesota Constitution.
new text end

new text begin The legislature finds that enabling citizens to exercise their right to hunt, fish, and
take game are directly linked to:
new text end

new text begin (1) the right to keep and bear arms;
new text end

new text begin (2) healthy and abundant populations of fish and wildlife;
new text end

new text begin (3) freedom to consume or display legally taken fish and game;
new text end

new text begin (4) hunting, angling, and trapping traditions that are passed down from generation to
generation and exposure to these traditions at a young age;
new text end

new text begin (5) regulations that are easily understood, that are enforced by state agencies with
the support of citizens and sportsmen groups, and that result in ethical hunting, angling
and trapping practices; and
new text end

new text begin (6) access to public land for the people, not from the people, to enjoy hunting,
angling, trapping, and other outdoor activities.
new text end

ARTICLE 2

RIGHT TO ARMS CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article I, to read:
new text end

new text begin Sec. 18. new text end

new text begin The right of a citizen to keep, bear, and use arms for the defense and security
of the person, family, or home, or for lawful hunting, recreation, or marksmanship training
is fundamental and shall not be infringed.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2010 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that the right of a citizen
to keep, bear, and use arms for the defense and security of the person, family, or home,
or for lawful hunting, recreation, or marksmanship training is fundamental and shall not
be infringed?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

ARTICLE 3

RIGHT TO WEAR FUR AND DISPLAY TROPHY ANIMALS

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article XIII, to read:
new text end

new text begin Sec. 13. new text end

new text begin The right of a citizen to wear fur, pelts, skins, or hides from legally taken
animals, including farm-raised animals, and the right of a citizen to display legally taken
trophy animals on premises owned, leased, or otherwise legally occupied by the citizen
shall not be infringed.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2010 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that the right of a citizen
to wear fur, pelts, skins, or hides from legally taken animals, including farm-raised
animals, and the right to display legally taken trophy animals on premises owned, leased,
or otherwise legally occupied by the citizen shall not be infringed?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

ARTICLE 4

HUNTING AND FISHING

Section 1.

Minnesota Statutes 2008, section 97A.045, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Duty to ensure hunting and fishing access. new text end

new text begin The commissioner shall
ensure that state lands, subject to applicable state laws and limitations for public safety
and homeland security, are open to access and use for recreational hunting and access to
fishing. The commissioner shall manage lands in a manner to support, promote, and
enhance recreational hunting and fishing opportunities to the extent authorized by law. To
the greatest practicable extent, the commissioner's land management decisions and actions
may not result in a net loss of acreage available for hunting and fishing opportunities that
existed on July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 97A.083, is amended to read:

97A.083 HUNTING AND FISHING ON STATE LAND.

The commissioner shall allow or prohibit hunting and fishing on state land as
provided under the game and fish laws. The commissioner shall publish information on
hunting and fishing on state land, including areas where taking wild animals is allowed
or prohibited. new text begin The commissioner shall ensure hunting and fishing access according to
section 97A.045, subdivision 14.
new text end

ARTICLE 5.

PUBLIC ACCESS TO HABITAT

Section 1.

new text begin [86A.50] PUBLIC ACCESS TO HABITAT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "board" means the Board of Water and Soil Resources;
new text end

new text begin (2) "outdoor recreation" has the meaning given under section 97B.001, subdivision
1a; and
new text end

new text begin (3) "program" means the public access to habitat program established under this
section.
new text end

new text begin Subd. 2. new text end

new text begin Contracts; eligibility. new text end

new text begin (a) The board may contract for public walk-in
access easements using appropriations from the outdoor heritage fund or nonstate revenue
made available from local sporting organizations. By entering into a contract to enroll
property in the program, a landowner grants permission to the public to access the
property by foot for outdoor recreation.
new text end

new text begin (b) Land enrolled in the program may also be enrolled in or is otherwise eligible
to be enrolled in one or more of the following programs:
new text end

new text begin (1) the federal conservation reserve program (CRP);
new text end

new text begin (2) the reinvest in Minnesota programs under section 84.95, 103F.515, 103F.516,
or 103F.518; or
new text end

new text begin (3) the Minnesota forests for the future program under section 84.66.
new text end

new text begin (c) The board may negotiate contract payments. Payment amounts include all or
any portion of the landowner's property tax liability for the contract year. The board shall
prioritize land parcels and use a flexible payment system to:
new text end

new text begin (1) encourage the use of land enrolled in other conservation easement programs,
including but not limited to those listed in paragraph (b), to also be enrolled in the program;
new text end

new text begin (2) encourage enrollment of large blocks of land suitable for and managed for fish,
game, and wildlife habitat;
new text end

new text begin (3) encourage multiyear contract lengths with landowners;
new text end

new text begin (4) secure access to an otherwise inaccessible but highly desirable fish, game, or
wildlife habitat parcel;
new text end

new text begin (5) encourage private landowners to manage lands for specific wildlife species; and
new text end

new text begin (6) mitigate forest fragmentation and loss of existing game, fish, and wildlife habitat.
new text end

new text begin Subd. 3. new text end

new text begin Consultation with other agencies. new text end

new text begin The board may consult with the
commissioners of natural resources and agriculture for:
new text end

new text begin (1) technical support and expertise in identifying land suitable for the program and
in wildlife habitat best management practices;
new text end

new text begin (2) designing signage for identification of property enrolled in the program and
providing adequate signage for landowners who have property enrolled in the program; and
new text end

new text begin (3) atlases, maps, or online guides to help the public find property enrolled in the
program.
new text end

new text begin Subd. 4. new text end

new text begin Public access. new text end

new text begin (a) Notwithstanding section 97B.001, subdivisions 2 and 3,
a person may enter land enrolled in the program by foot for outdoor recreation without
permission from the owner.
new text end

new text begin (b) A person who enters property enrolled in the program may not:
new text end

new text begin (1) wound or kill another person's domestic animal;
new text end

new text begin (2) destroy, cut, or tear down another person's fence, building, grain, crops, live
tree, or sign erected under subdivision 5; or
new text end

new text begin (3) pass through another person's closed gate without returning the gate to its
original position.
new text end

new text begin Subd. 5. new text end

new text begin Signage. new text end

new text begin Land enrolled in the program must be marked with signage that is
provided by the board and that is posted:
new text end

new text begin (1) at intervals of 1,000 feet or less along the boundary of the property or, in a
wooded area where boundary lines are not clear, at intervals of 500 feet or less; or
new text end

new text begin (2) to mark the primary corners of a parcel of land and access roads and trails at
the point of entrance to the parcel of land, except that corners only accessible through
agricultural land need not be posted.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin By February 1 of each year, the board shall report to
the Lessard Outdoor Heritage Council and to the house of representatives and senate
committees with primary jurisdiction over environment and natural resources finance
and policy on the outcomes of appropriations used for the program. Outcomes may be
measured by acres of land added to conservation easement rolls; acres of land preserved
for fish, game, and wildlife habitat; game, fish, or wildlife species population counts; or
acres of land managed for a specific species.
new text end

new text begin Subd. 7. new text end

new text begin Civil liability. new text end

new text begin For purposes of sections 604A.20 to 604A.27, land enrolled
in the program is deemed to be land that an owner has made available for recreational
purposes without charge, despite any payments that may be made to the owner by the state
for enrollment of the land in the program.
new text end

Sec. 2.

Minnesota Statutes 2008, section 97B.001, subdivision 7, is amended to read:

Subd. 7.

Taking with firearms in certain areas.

(a) A person may not take a wild
animal with a firearm within 500 feet of a building occupied by a human or livestock
without the written permission of the owner, occupant, or lessee:

(1) on another person's private land new text begin , including land enrolled in the public access to
habitat program under section 86A.50 new text end ; or

(2) on a public right-of-way.

(b) A person may not take a wild animal with a firearm without the permission of the
owner, occupant, or lessee, within 500 feet of a stockade or corral containing livestock.

(c) A person may not take a wild animal on any land where the person is prohibited
from entering by this section.

Sec. 3. new text begin PUBLIC ACCESS TO HABITAT APPROPRIATION.
new text end

new text begin $10,000,000 in fiscal year 2010 and $10,000,000 in fiscal year 2011 are appropriated
from the outdoor heritage fund to the Board of Water and Soil Resources for contract
payments to landowners who enroll property to allow public walk-in access under
Minnesota Statutes, section 86A.50. Money appropriated the first year is available the
second year. In accordance with Minnesota Statutes, section 97A.056, subdivision 1, no
more than $200,000 of this appropriation may be spent for the biennium on new staff
salaries or administration of the program.
new text end