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SF 3057

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to natural resources; modifying restrictions on shining artificial lights;
amending Minnesota Statutes 2006, section 97B.081.

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

Section 1.

Minnesota Statutes 2006, section 97B.081, is amended to read:


97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.

Subdivision 1.

With firearms and bows.

deleted text begin (a)deleted text end new 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 begin killdeleted text end new text begin
takenew text end big gamenew text begin , small game, or unprotected wild animalsnew 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 hand-held 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 hand-held 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 firearms.

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

(b) deleted text begin Between one-half hour after sunset until sunrise,deleted text end new 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 begin to spot, locate, or take a wild animaldeleted text end on fenced, agricultural landnew text begin .new text end deleted text begin containing
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

(c) deleted text begin 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 end new text begin Except as provided in subdivision
3,new text end a person may not deleted text begin projectdeleted text end new text begin castnew text end a spotlight or hand-held light onto residential property
or building sites from a moving motor vehicle being operated on landdeleted text begin , except for the
following purposes:deleted text end new 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 on 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 cast the
rays of a spotlight, headlight, or other artificial light to:
 new text end

new text begin (1) take raccoons in accordance with section 97B.621, subdivision 3, or tend traps in
accordance with section 97B.931; or
new text end

new text begin (2) hunt fox or coyote from January 1 to March 15 while using a hand-held 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 hand-held or electronic calling device; and
 new text end

new text begin (v) not within 200 feet of a motor vehicle.
 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 operations,
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