Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 301-H.F.No. 2411 
                  An act relating to game and fish; prohibiting 
                  trespassing on agricultural land for outdoor 
                  recreation; prohibiting trespassing on certain private 
                  land for outdoor recreation; modifying posting 
                  requirements; modifying provisions for retrieving dogs 
                  and wounded game; prohibiting hunting in certain 
                  areas; providing civil penalties; establishing an 
                  appeals procedure; directing the disposition of 
                  penalty amounts; amending Minnesota Statutes 1994, 
                  section 97B.001, subdivisions 2, 3, 4, 5, 6, 7, and by 
                  adding a subdivision; proposing coding for new law in 
                  Minnesota Statutes, chapter 97B. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 97B.001, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [OUTDOOR RECREATION DEFINITION.] "Outdoor 
        recreation" means any voluntary activity, including hunting, 
        fishing, trapping, boating, hiking, camping, and engaging in 
        winter sports, which is conducted primarily for the purposes of 
        pleasure, rest, or relaxation and is dependent upon or derives 
        its principal benefit from natural surroundings.  
           Sec. 2.  Minnesota Statutes 1994, section 97B.001, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMISSION REQUIRED TO ENTER AGRICULTURAL LAND 
        TO HUNT OR OPERATE VEHICLES FOR OUTDOOR RECREATION PURPOSES.] 
        Except as provided in subdivisions 5 and 6, a person may not 
        enter agricultural land to hunt or operate a motor vehicle for 
        pleasure for outdoor recreation purposes, unless the person 
        obtains without first obtaining permission of the owner, 
        occupant, or lessee. 
           Sec. 3.  Minnesota Statutes 1994, section 97B.001, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ENTERING LAND PROHIBITED AFTER NOTICE.] Except 
        as provided in subdivision 6, a person may not enter remain on 
        any land to take a wild animal for outdoor recreation purposes 
        after being notified orally told not to do so orally by the 
        owner, occupant, or lessee.  
           Sec. 4.  Minnesota Statutes 1994, section 97B.001, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ENTERING POSTED LAND PROHIBITED; SIGNS.] (a) 
        Except as provided in subdivision 6, a person may not enter, for 
        outdoor recreation purposes, any land that is posted under this 
        subdivision to take a wild animal unless the person has obtained 
        the without first obtaining permission of the owner, occupant, 
        or lessee.  
           (b) The owner, occupant, or lessee of private land, or an 
        authorized manager of public land may prohibit unauthorized 
        hunting, trapping, fishing, or trespassing outdoor recreation on 
        the land by posting signs once each year that: 
           (1) state "no trespassing" or similar terms; 
           (1) (2) display letters at least two inches high; 
           (2) (3) either: 
           (i) are signed by the owner, occupant, lessee, or 
        authorized manager; or 
           (ii) include the legible name and telephone number of the 
        owner, occupant, lessee, or authorized manager; and 
           (3) (4) either: 
           (i) are at intervals of 1,000 feet or less along the 
        boundary of the area, or in a wooded area where boundary lines 
        are not clear, at intervals of 500 feet or less; or 
           (ii) mark the primary corners of each parcel of land and 
        access roads and trails at the point of entrance to each parcel 
        of land except that corners only accessible through agricultural 
        land need not be posted. 
           (c) A person may not erect a sign that states "no hunting," 
        "no trapping," "no fishing," "no trespassing," or another sign 
        that prohibits trespass on land or water prohibits outdoor 
        recreation or trespassing where the person does not have a 
        property right, title, or interest to use the land. 
           Sec. 5.  Minnesota Statutes 1994, section 97B.001, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RETRIEVING WOUNDED GAME FROM AGRICULTURAL LAND.] 
        Except as provided in subdivision 3, a hunter, person on foot, 
        may, without permission of the owner, occupant, or 
        lessee, retrieve wounded game, during the open season for the 
        game, from agricultural enter land that is not posted under 
        subdivision 4, without permission of the landowner to retrieve a 
        wounded animal that was lawfully shot.  The hunter must leave 
        the land immediately after retrieving the wounded game.  
           Sec. 6.  Minnesota Statutes 1994, section 97B.001, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RETRIEVING HUNTING DOGS FROM PRIVATE LAND.] A 
        person on foot may, without permission of the landowner owner, 
        occupant, or lessee, enter private land on foot without a 
        firearm to retrieve a hunting dog that has treed or is at bay 
        with a raccoon, bobcat, coyote, or fox.  After retrieving the 
        dog, the person must immediately leave the premises.  
           Sec. 7.  Minnesota Statutes 1994, 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, or occupant, or lessee:  
           (1) on another person's private agricultural land; 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 with a firearm on 
        land other than agricultural land within 200 feet of a building 
        occupied by a human without the oral permission of the owner or 
        occupant of the building on any land where the person is 
        prohibited from entering by this section.  
           Sec. 8.  [97B.002] [CIVIL TRESPASS.] 
           Subdivision 1.  [AUTHORITY TO ISSUE.] Conservation 
        officers, sheriffs, and deputies may issue citations to a person 
        who trespasses in violation of section 97B.001 or removes a sign 
        posted to prevent trespass without permission of the owner of 
        the property. 
           Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
        following penalty amounts: 
           (1) $50 for the first violation; 
           (2) $200 for the second violation in a three-year period; 
           (3) for a third or subsequent violation in a three-year 
        period, the penalty shall be $500 and loss of every license or 
        registration being used; and 
           (4) $50 for removal of a sign posted pursuant to this 
        section. 
           Subd. 3.  [APPEALS.] Citations may be appealed under the 
        procedures in section 116.072, subdivision 6, if the person 
        requests a hearing by notifying the commissioner in writing 
        within 15 days after receipt of the citation.  If a hearing is 
        not requested within the 15-day period, the citation becomes a 
        final order not subject to further review. 
           Subd. 4.  [ENFORCEMENT OF FIELD CITATIONS.] Field citations 
        may be enforced under section 116.072, subdivisions 9 and 10. 
           Subd. 5.  [CUMULATIVE REMEDY.] The authority to issue field 
        citations is in addition to other remedies available under 
        statutory or common law, except that the state may not seek 
        penalties under any other provision of law for the incident 
        subject to the citation. 
           Subd. 6.  [PAYMENT OF PENALTY.] Penalty amounts shall be 
        remitted within 30 days of issuance of the penalty citation to 
        the issuer. 
           Subd. 7.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
        are deposited to the county or the commissioner for deposit in 
        the game and fish fund depending upon who issues the citation. 
           Sec. 9.  [APPLICABILITY.] 
           Section 8 applies to violations committed on or after 
        August 1, 1996. 
           Presented to the governor March 6, 1996 
           Signed by the governor March 6, 1996, 1:40 p.m.