Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 133--S.F.No. 987
           An act relating to natural resources; eliminating 
          obsolete material and updating certain provisions 
          relating to decorative trees; amending Minnesota 
          Statutes 1982, sections 88.641, subdivision 1; 88.642; 
          88.644; and 88.648; repealing Minnesota Statutes 1982, 
          sections 88.641, subdivision 3; 88.643; 88.646; and 
          88.649. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1982, section 88.641, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of sections 88.641 to 
88.649 88.648 the following words, terms and phrases shall have 
the meanings herein given, unless otherwise specifically 
defined, or unless another intention clearly appears or the 
context otherwise requires. 
    Sec. 2.  Minnesota Statutes 1982, section 88.642, is 
amended to read: 
    88.642 [DECORATIVE TREES; CUTTING, REMOVAL OF; 
TRANSPORTATION; PROHIBITIONS; EXCEPTIONS.] 
    No person shall cut, remove, or transport for decorative 
purposes or for sale in natural condition and untrimmed, any 
more than three decorative tree trees as defined herein, without 
the written consent of or a bill of sale provided by the owner 
of the land on which the same are grown and whether such land be 
publicly or privately owned.  Such The written consent shall be 
on a form furnished and approved by the department of natural 
resources, which form and shall contain the legal description of 
the land where the decorative trees were cut, as well as the 
name of the legal owner, or his duly authorized agent or agents, 
thereof.  Such The written consent or bill of sale, or a copy 
thereof certified as a true copy by the person to whom such the 
consent was given or sale made, or by the county recorder of the 
county in which the land is situated, if recorded in his office, 
shall be carried by every person cutting, removing, or 
transporting any such decorative trees, untrimmed or in their 
natural condition, or in any way aiding therein, and shall be 
exhibited to any officer of the law, forest ranger, forest 
patrolman, conservation officer, or other officer of the 
department of natural resources, at his request at any time.  
Any such officer shall have power to inspect any such decorative 
trees when being transported in any vehicle or other means of 
conveyance or by common carrier, and to make such an 
investigation with reference thereto as may be necessary to 
determine whether or not the provisions of sections 88.641 to 
88.649 88.648 have been complied with, and to stop any vehicle 
or other means of conveyance found carrying any such decorative 
trees upon any public highways of this state, for the purpose of 
making such an inspection and investigation, and to seize and 
hold subject to the order of the court any such decorative trees 
found being cut, removed, or transported in violation of any 
provision of sections 88.641 to 88.649 88.648.  No common 
carrier or agent thereof shall receive for shipment or 
transportation any such decorative trees unless the consignor, 
whose name and address shall be recorded, exhibits at the time 
of consignment the written consent, bill of sale, or certified 
copy thereof herein provided for.  Failure to so exhibit such a 
written consent or bill of sale shall be prima facie evidence 
that no such consent was given or exists.  
    Sec. 3.  Minnesota Statutes 1982, section 88.644, is 
amended to read: 
    88.644 [PERMIT REQUIRED CONSENT OR BILL OF SALE TO BE 
CARRIED WHEN TRANSPORTING TREES; RECORDS.] 
    Before any person except a common carrier, shall transport 
any decorative trees as defined herein, on any public highways, 
such person shall obtain a transportation permit from the 
department of natural resources.  No such permit need be 
obtained by any person transporting not more than six decorative 
trees for his own use.  Such permit may be revoked by the 
commissioner of natural resources for the season for which it is 
issued upon conviction of the holder thereof of violation of any 
provision of sections 88.641 to 88.649.  
    Any person having in his possession more than three 
decorative trees, and any person transporting the same, for sale 
or processing on any public highway in this state shall carry in 
his possession the written consent or bill of sale referred to 
in section 88.642.  
    Such The consent or bill of sale, or an original duplicate 
or certified copy thereof, shall be kept in the possession of 
the vendee named therein until June 30th January 31st of the 
year following the date thereof and shall be open to inspection 
during reasonable hours to any officer of the department of 
natural resources.  
    Failure to comply with any of the requirements of this 
section constitutes a violation of sections 88.641 to 88.649 and 
subjects the decorative trees not covered by a transportation 
permit or such a consent or bill of sale to seizure and 
confiscation by the state as contraband in addition to the other 
penalties provided for violation thereof.  
    The provisions of this section shall not apply to 
decorative trees in the possession of or being transported by 
any properly authorized federal, state, or local government 
official for a legitimate public purpose.  
    Sec. 4.  Minnesota Statutes 1982, section 88.648, is 
amended to read: 
    88.648 [FALSE STATEMENT; GROSS MISDEMEANOR; MISDEMEANOR.] 
    Any person who makes any false statement in any 
application, form, or other statement for the purpose of 
obtaining any written consent or transportation permit bill of 
sale as described in sections 88.641 to 88.644 is guilty of a 
gross misdemeanor.  
    Except as otherwise provided in this subdivision, any 
person who violates any provision of sections 88.641 to 88.647, 
is guilty of a misdemeanor.  
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1982, sections 88.641, subdivision 3; 
88.643; 88.646; and 88.649, are repealed.  
    Approved May 12, 1983