| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to natural resources; prohibiting conservation officers from conducting |
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| 3 | 3 | | 1.3 searches or seizures without a warrant or court order; requiring receipts to be |
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| 4 | 4 | | 1.4 provided to persons from whom property is seized; amending Minnesota Statutes |
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| 5 | 5 | | 1.5 2024, sections 84.7741, subdivision 2; 84.89; 97A.221, subdivision 1; 97A.223, |
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| 6 | 6 | | 1.6 subdivision 1; 97A.225, subdivision 1; 97B.021, subdivision 2; 97C.355, |
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| 7 | 7 | | 1.7 subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 84. |
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| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | 9 | | 1.9 Section 1. [84.0287] SEARCHES AND SEIZURES BY CONSERVATION OFFICERS. |
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| 10 | 10 | | 1.10 (a) Notwithstanding any other provision of law, a conservation officer may not conduct |
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| 11 | 11 | | 1.11a search or seizure except: |
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| 12 | 12 | | 1.12 (1) pursuant to a warrant or other order issued by a court having appropriate jurisdiction; |
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| 13 | 13 | | 1.13 (2) where necessary to prevent imminent danger to human life; or |
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| 14 | 14 | | 1.14 (3) where a person consents to the search or seizure. |
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| 15 | 15 | | 1.15 (b) When property is seized under this section, the seizing officer must provide a receipt |
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| 16 | 16 | | 1.16to the person from whom the property is seized. |
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| 17 | 17 | | 1.17 (c) Notwithstanding any other provision of law, any law that confers authority on |
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| 18 | 18 | | 1.18conservation officers by providing authority to peace officers must be construed consistently |
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| 19 | 19 | | 1.19with this section. |
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| 20 | 20 | | 1Section 1. |
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| 21 | 21 | | REVISOR CKM/HL 25-0263301/23/25 |
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| 22 | 22 | | State of Minnesota |
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| 23 | 23 | | This Document can be made available |
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| 24 | 24 | | in alternative formats upon request |
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| 25 | 25 | | HOUSE OF REPRESENTATIVES |
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| 26 | 26 | | H. F. No. 1594 |
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| 27 | 27 | | NINETY-FOURTH SESSION 2.1 Sec. 2. Minnesota Statutes 2024, section 84.7741, subdivision 2, is amended to read: |
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| 28 | 28 | | 2.2 Subd. 2.Seizure.(a) An off-highway vehicle subject to forfeiture under this section |
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| 29 | 29 | | 2.3may be seized by the appropriate agency upon process issued by any court having jurisdiction |
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| 30 | 30 | | 2.4over the vehicle in accordance with section 84.0287. |
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| 31 | 31 | | 2.5 (b) Property may be seized without process if: |
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| 32 | 32 | | 2.6 (1) the seizure is incident to a lawful arrest or a lawful search; |
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| 33 | 33 | | 2.7 (2) the vehicle subject to seizure has been the subject of a prior judgment in favor of the |
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| 34 | 34 | | 2.8state in a criminal injunction or forfeiture proceeding under this section; or |
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| 35 | 35 | | 2.9 (3) the appropriate agency has probable cause to believe that the delay occasioned by |
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| 36 | 36 | | 2.10the necessity to obtain process would result in the removal or destruction of the vehicle. If |
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| 37 | 37 | | 2.11property is seized without process under this clause, the prosecuting authority must institute |
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| 38 | 38 | | 2.12a forfeiture action under this section as soon as is reasonably possible by serving a notice |
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| 39 | 39 | | 2.13of seizure and intent to forfeit at the address of the owner as listed in the records of the |
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| 40 | 40 | | 2.14Department of Public Safety or Department of Natural Resources. |
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| 41 | 41 | | 2.15 (c) When an off-highway vehicle is seized, the officer must provide a receipt to the |
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| 42 | 42 | | 2.16person found in possession of the vehicle; or in the absence of any person, the officer must |
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| 43 | 43 | | 2.17leave a receipt in the place where the vehicle was found, if reasonably possible. |
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| 44 | 44 | | 2.18 Sec. 3. Minnesota Statutes 2024, section 84.89, is amended to read: |
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| 45 | 45 | | 2.19 84.89 CONFISCATING SNOWMOBILE USED IN BURGLARY. |
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| 46 | 46 | | 2.20 When authorized under section 84.0287, a law enforcement officer shall seize any |
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| 47 | 47 | | 2.21snowmobile, as defined in section 84.81, used for the purpose of gaining access to property |
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| 48 | 48 | | 2.22for the purpose of committing the crime of burglary, as defined in section 609.582. Any |
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| 49 | 49 | | 2.23snowmobile seized pursuant to this section shall be held, subject to the order of the district |
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| 50 | 50 | | 2.24court of the county in which the burglary was committed, and shall be confiscated after |
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| 51 | 51 | | 2.25conviction of the person from whom the snowmobile was seized and disposed of in |
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| 52 | 52 | | 2.26accordance with the procedure provided for equipment used in committing game and fish |
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| 53 | 53 | | 2.27violations by section 97A.225, except that the balance of the proceeds from the sale of a |
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| 54 | 54 | | 2.28confiscated snowmobile which are paid into the state treasury shall be credited to the general |
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| 55 | 55 | | 2.29fund. |
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| 56 | 56 | | 2Sec. 3. |
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| 57 | 57 | | REVISOR CKM/HL 25-0263301/23/25 3.1 Sec. 4. Minnesota Statutes 2024, section 97A.221, subdivision 1, is amended to read: |
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| 58 | 58 | | 3.2 Subdivision 1.Property subject to seizure and confiscation.(a) When authorized |
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| 59 | 59 | | 3.3under section 84.0287, an enforcement officer may seize: |
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| 60 | 60 | | 3.4 (1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported, |
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| 61 | 61 | | 3.5or possessed in violation of the game and fish laws or chapter 84 or 84D; and |
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| 62 | 62 | | 3.6 (2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights, |
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| 63 | 63 | | 3.7lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment |
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| 64 | 64 | | 3.8that are used with the owner's knowledge to unlawfully take or transport wild animals, wild |
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| 65 | 65 | | 3.9rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section. |
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| 66 | 66 | | 3.10 (b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is |
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| 67 | 67 | | 3.11subject to the provisions of section 97A.225. |
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| 68 | 68 | | 3.12 (c) When authorized under section 84.0287, an enforcement officer must seize nets and |
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| 69 | 69 | | 3.13equipment unlawfully possessed within ten miles of Lake of the Woods or Rainy Lake. |
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| 70 | 70 | | 3.14 Sec. 5. Minnesota Statutes 2024, section 97A.223, subdivision 1, is amended to read: |
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| 71 | 71 | | 3.15 Subdivision 1.Property subject to seizure and forfeiture.(a) When authorized under |
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| 72 | 72 | | 3.16section 84.0287, an enforcement officer must seize: |
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| 73 | 73 | | 3.17 (1) firearms possessed in violation of state or federal law or court order; and |
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| 74 | 74 | | 3.18 (2) property described in section 97A.221, subdivision 1, where no owner can be |
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| 75 | 75 | | 3.19determined. |
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| 76 | 76 | | 3.20 (b) Property seized under this section is subject to administrative forfeiture. |
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| 77 | 77 | | 3.21 Sec. 6. Minnesota Statutes 2024, section 97A.225, subdivision 1, is amended to read: |
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| 78 | 78 | | 3.22 Subdivision 1.Seizure.(a) When authorized under section 84.0287, an enforcement |
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| 79 | 79 | | 3.23officer must seize all motor vehicles used to: |
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| 80 | 80 | | 3.24 (1) shine wild animals in violation of section 97B.081, subdivision 1; |
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| 81 | 81 | | 3.25 (2) transport big game animals illegally taken or fur-bearing animals illegally purchased; |
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| 82 | 82 | | 3.26or |
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| 83 | 83 | | 3.27 (3) transport minnows in violation of section 97C.501, 97C.515, or 97C.525. |
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| 84 | 84 | | 3.28 (b) An enforcement officer must seize all boats and motors used in netting fish on Lake |
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| 85 | 85 | | 3.29of the Woods, Rainy Lake, Lake Superior, Namakan Lake, and Sand Point Lake in violation |
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| 86 | 86 | | 3Sec. 6. |
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| 87 | 87 | | REVISOR CKM/HL 25-0263301/23/25 4.1of licensing or operating requirements of section 97A.475, subdivision 30, 97C.825, 97C.831, |
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| 88 | 88 | | 4.2or 97C.835, or a rule of the commissioner relating to these provisions. |
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| 89 | 89 | | 4.3 (c) An enforcement officer may seize all boats and motors with their trailers that are |
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| 90 | 90 | | 4.4used to take, possess, or transport wild animals when the restitution value of the wild animals |
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| 91 | 91 | | 4.5exceeds $500. |
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| 92 | 92 | | 4.6 Sec. 7. Minnesota Statutes 2024, section 97B.021, subdivision 2, is amended to read: |
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| 93 | 93 | | 4.7 Subd. 2.Seizing unlawfully possessed firearms.When authorized under section 84.0287, |
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| 94 | 94 | | 4.8a law enforcement officer shall seize a firearm used in violation of this section. The officer |
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| 95 | 95 | | 4.9must tag the seized firearm with the name and address of the person from whom it was |
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| 96 | 96 | | 4.10taken and give the person a receipt. The firearm shall be placed in the custody of the |
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| 97 | 97 | | 4.11conservation officer in charge of the area where the seizure was made. |
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| 98 | 98 | | 4.12 Sec. 8. Minnesota Statutes 2024, section 97C.355, subdivision 7, is amended to read: |
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| 99 | 99 | | 4.13 Subd. 7.Shelters prohibited; dates and times.(a) A shelter, including a fish house or |
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| 100 | 100 | | 4.14dark house, may not be on the ice unattended between midnight and one hour before sunrise |
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| 101 | 101 | | 4.15after: |
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| 102 | 102 | | 4.16 (1) the first Monday in March, for state waters south of a line starting at the |
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| 103 | 103 | | 4.17Minnesota-North Dakota border and formed by rights-of-way of U.S. Route No. 10, then |
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| 104 | 104 | | 4.18east along U.S. Route No. 10 to Trunk Highway No. 34, then east along Trunk Highway |
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| 105 | 105 | | 4.19No. 34 to Trunk Highway No. 200, then east along Trunk Highway No. 200 to U.S. Route |
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| 106 | 106 | | 4.20No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin border; and |
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| 107 | 107 | | 4.21 (2) the third Monday in March, for other state waters. |
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| 108 | 108 | | 4.22A shelter, including a fish house or dark house, on the ice in violation of this subdivision |
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| 109 | 109 | | 4.23is subject to the enforcement provisions of paragraph (b). The commissioner may, by rule, |
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| 110 | 110 | | 4.24change the dates in this paragraph for any part of state waters. Copies of the rule must be |
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| 111 | 111 | | 4.25conspicuously posted on the shores of the waters as prescribed by the commissioner. |
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| 112 | 112 | | 4.26 (b) When authorized under section 84.0287, a conservation officer must confiscate a |
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| 113 | 113 | | 4.27fish house, dark house, or shelter in violation of paragraph (a). The officer may remove, |
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| 114 | 114 | | 4.28burn, or destroy the house or shelter. The officer shall seize the contents of the house or |
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| 115 | 115 | | 4.29shelter and hold them for 60 days. If the seized articles have not been claimed by the owner, |
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| 116 | 116 | | 4.30they may be retained for the use of the division or sold at the highest price obtainable in a |
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| 117 | 117 | | 4.31manner prescribed by the commissioner. |
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| 118 | 118 | | 4Sec. 8. |
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| 119 | 119 | | REVISOR CKM/HL 25-0263301/23/25 |
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