language to be deleted (2) new language
Laws of Minnesota 1991 CHAPTER 180-S.F.No. 588 An act relating to timber; providing penalties for intentional damage to timber processing, manufacturing, or transportation equipment; providing penalties for possessing certain devices to damage timber processing, manufacturing, or transportation equipment; permitting cancellation and substitution of certain timber permits; proposing coding for new law in Minnesota Statutes, chapter 609. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [609.591] [DAMAGE TO TIMBER OR WOOD PROCESSING AND RELATED EQUIPMENT.] Subdivision 1. [DEFINITION.] As used in sections 1 and 2, "timber" means trees, whether standing or down, that will produce forest products of value including but not limited to logs, posts, poles, bolts, pulpwood, cordwood, lumber, and decorative material. Subd. 2. [CRIME.] Whoever, without claim of right or consent of the owner, drives, places, or fastens in timber any device of iron, steel, ceramic, or other substance sufficiently hard to damage saws or wood processing or manufacturing equipment, with the intent to hinder the logging or the processing of timber, is guilty of a crime and may be sentenced as provided in subdivisions 3 and 4. Subd. 3. [PENALTIES.] A person convicted of violating subdivision 2 may be sentenced as follows: (1) if the violation caused great bodily harm, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; (2) otherwise, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Subd. 4. [RESTITUTION.] In addition to any sentence imposed under subdivision 3, the sentencing court may order a person convicted of violating this section, or of violating section 609.595 by damaging timber or commercial wood processing, manufacturing, or transportation equipment to pay restitution to the owner of the damaged property. Sec. 2. [609.592] [POSSESSION OF TIMBER DAMAGE DEVICES.] Whoever commits any of the following acts is guilty of a misdemeanor: (1) possesses a device of iron, steel, ceramic, or other substance sufficiently hard to damage saws, wood processing, manufacturing, or transportation equipment, with the intent to use the device to hinder the logging or the processing of timber; or (2) possesses a chemical or biological substance, mechanical equipment, or tool with the intent to use it or permit its use to damage timber processing, manufacturing, or transportation equipment. Sec. 3. [TIMBER PERMIT; SUBSTITUTION OF NON-OLD GROWTH TIMBER.] Notwithstanding Minnesota Statutes, sections 90.031, subdivision 4; 90.101; 90.14; and 90.151, if any timber permit sold at public auction prior to December 31, 1990, included timber that would be a candidate for old growth status under the department of natural resources old growth guidelines dated December 28, 1990, the commissioner, with the consent of the permittee, is hereby authorized to cancel, in whole or in part, or modify such timber permit and substitute, for the timber which has been withdrawn from the timber permit, an equivalent volume of other non-old growth timber at appraised value from areas not designated for cutting on the original timber appraisal report or from other state lands. The commissioner shall adjust the amount of the advance payment and bond on a pro rata basis. Sec. 4. [EFFECTIVE DATE.] Sections 1 and 2 are effective the day following final enactment and apply to crimes committed on or after that date. Section 3 is effective the day after final enactment. Presented to the governor May 21, 1991 Signed by the governor May 24, 1991, 4:35 p.m.