Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF980 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to natural resources; requiring conservation officers to coordinate
3	3	1.3 investigation and enforcement activity with sheriffs; amending Minnesota Statutes
4	4	1.4 2024, sections 84.028, subdivision 3, by adding a subdivision; 84.0835, subdivision
5	5	1.5 2; 84.0895, subdivision 6; 86B.801, by adding a subdivision; 97A.205; 97A.215,
6	6	1.6 subdivision 1; 97A.221, subdivision 1; 97A.223, subdivision 1; 97A.225,
7	7	1.7 subdivision 1; 97A.241, subdivision 1; 97B.002, subdivision 1; 97B.065,
8	8	1.8 subdivision 2.
9	9	1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10	10	1.10 ARTICLE 1
11	11	1.11 SUBSTANTIVE CHANGES
12	12	1.12 Section 1. Minnesota Statutes 2024, section 84.028, is amended by adding a subdivision
13	13	1.13to read:
14	14	1.14 Subd. 4.Duty to coordinate with sheriffs.(a) A conservation officer must conduct
15	15	1.15investigation and enforcement activities under the supervision of the sheriff's office for the
16	16	1.16county in which the investigation or enforcement activities will be undertaken.
17	17	1.17 (b) Unless otherwise approved by labor contract, where a conservation officer's patrol
18	18	1.18area consists of land located within a single county, the applicable sheriff's office has full
19	19	1.19authority to assign shifts, hours of work, and days off; delegate overtime; and otherwise set
20	20	1.20the conservation officer's schedule as necessary to ensure adequate natural resource protection
21	21	1.21and public safety. Where a conservation officer's patrol area consists of land located in more
22	22	1.22than one county, the sheriff's offices of the affected counties may jointly do the same.
23	23	1Article 1 Section 1.
24	24	25-02433 as introduced01/21/25 REVISOR CKM/NS
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 980NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: GREEN and Weber)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/03/2025
31	31	Referred to Environment, Climate, and Legacy 2.1 (c) Except where prohibited by federal law or where waived under a policy adopted by
32	32	2.2the applicable sheriff's office, a conservation officer must be accompanied by a sheriff or
33	33	2.3deputy sheriff from the appropriate county whenever:
34	34	2.4 (1) performing an investigation; or
35	35	2.5 (2) performing any law enforcement activities other than activities that are:
36	36	2.6 (i) described in section 84.0835, subdivisions 2 and 3;
37	37	2.7 (ii) performed in response to a violation of law that occurs in the conservation officer's
38	38	2.8presence that does not require further investigation;
39	39	2.9 (iii) necessary to prevent substantial harm to human life; or
40	40	2.10 (iv) in response to a request from another law enforcement agency or officer.
41	41	2.11 (d) Notwithstanding any other provision of law, any law that confers authority on
42	42	2.12conservation officers by providing authority to peace officers must be construed consistently
43	43	2.13with this section.
44	44	2.14 Sec. 2. Minnesota Statutes 2024, section 84.0835, subdivision 2, is amended to read:
45	45	2.15 Subd. 2.Designated employee authorities; generally.An employee designated under
46	46	2.16subdivision 1:
47	47	2.17 (1) has citizen arrest powers according to sections 629.37 to 629.39;
48	48	2.18 (2) may issue citations, on a form prescribed by the commissioner, in lieu of arrest for
49	49	2.19petty misdemeanor violations and misdemeanor violations that occur in the employee's
50	50	2.20presence, unless the violation occurs in the presence of a conservation officer or other peace
51	51	2.21officer, as defined under section 626.84, subdivision 1, paragraph (c); and
52	52	2.22 (3) may issue a report of violation to be turned over to a conservation officer or other
53	53	2.23peace officer for possible charges at the peace officer's discretion.
54	54	2.24 ARTICLE 2
55	55	2.25 CONFORMING CHANGES
56	56	2.26 Section 1. Minnesota Statutes 2024, section 84.028, subdivision 3, is amended to read:
57	57	2.27 Subd. 3.Game warden duties; conservation officers.The operation of the Game
58	58	2.28Warden Service in the Division of Game and Fish as constituted before July 1, 1967, is
59	59	2.29under the direct control and supervision of the commissioner. The name of the personnel
60	60	2.30in such Game Warden Service is changed to conservation officers. Subject to the requirements
61	61	2Article 2 Section 1.
62	62	25-02433 as introduced01/21/25 REVISOR CKM/NS 3.1of subdivision 4, conservation officers shall continue to have the powers and duties of game
63	63	3.2wardens as they existed before July 1, 1967, and may be assigned to public relations,
64	64	3.3conservation instructional activities, and the enforcement of laws relating to resources
65	65	3.4management which the commissioner shall direct. The commissioner shall create a separate
66	66	3.5division entitled the Division of Enforcement, to be composed of conservation officers and
67	67	3.6shall appoint a director of the division. The commissioner may place the director's position
68	68	3.7in the unclassified service if the position meets the criteria established in section 43A.08,
69	69	3.8subdivision 1a.
70	70	3.9 Sec. 2. Minnesota Statutes 2024, section 84.0895, subdivision 6, is amended to read:
71	71	3.10 Subd. 6.Enforcement.Subject to the requirements of section 84.028, subdivision 4, a
72	72	3.11peace officer or conservation officer, pursuant to chapter 626, may execute a warrant to
73	73	3.12search for and seize goods, merchandise, plant or animal taken, sold or offered for sale in
74	74	3.13violation of this section, or items used in connection with a violation of this section. Seized
75	75	3.14property must be held pending judicial proceedings. Upon conviction, seized property is
76	76	3.15forfeited to the state and must be offered to a scientific or educational institution or destroyed.
77	77	3.16 Sec. 3. Minnesota Statutes 2024, section 86B.801, is amended by adding a subdivision to
78	78	3.17read:
79	79	3.18 Subd. 3.Relation to other law.This section is subject to the requirements of section
80	80	3.1984.028, subdivision 4.
81	81	3.20 Sec. 4. Minnesota Statutes 2024, section 97A.205, is amended to read:
82	82	3.21 97A.205 ENFORCEMENT OFFICER; POWERS.
83	83	3.22 (a) Subject to the requirements of section 84.028, subdivision 4, an enforcement officer
84	84	3.23is authorized to:
85	85	3.24 (1) execute and serve court issued warrants and processes relating to wild animals, wild
86	86	3.25rice, public waters, water pollution, conservation, and use of water, in the same manner as
87	87	3.26a sheriff;
88	88	3.27 (2) enter any land to carry out the duties and functions of the division;
89	89	3.28 (3) make investigations of violations of the game and fish laws;
90	90	3.29 (4) take an affidavit, if it aids an investigation;
91	91	3.30 (5) arrest, without a warrant, a person who is detected in the actual violation of the game
92	92	3.31and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G,
93	93	3Article 2 Sec. 4.
94	94	25-02433 as introduced01/21/25 REVISOR CKM/NS 4.1sections 86B.001 to 86B.815, 89.51 to 89.64; or 609.66, subdivision 1, clauses (1), (2), (5),
95	95	4.2and (7); and 609.68; and
96	96	4.3 (6) take an arrested person before a court in the county where the offense was committed
97	97	4.4and make a complaint.
98	98	4.5 (b) Nothing in this section grants an enforcement officer any greater powers than other
99	99	4.6licensed peace officers.
100	100	4.7 Sec. 5. Minnesota Statutes 2024, section 97A.215, subdivision 1, is amended to read:
101	101	4.8 Subdivision 1.Storing wild animals.(a) Subject to the requirements of section 84.028,
102	102	4.9subdivision 4, when an enforcement officer has probable cause to believe that wild animals
103	103	4.10possessed or stored in violation of the game and fish laws are present, the enforcement
104	104	4.11officer may enter and inspect any commercial cold storage warehouse, hotel, restaurant, ice
105	105	4.12house, locker plant, butcher shop, and other building used to store dressed meat, game, or
106	106	4.13fish, to determine whether wild animals are kept and stored in compliance with the game
107	107	4.14and fish laws.
108	108	4.15 (b) When an enforcement officer has probable cause to believe that wild animals taken
109	109	4.16or possessed in violation of the game and fish laws are present, the officer may:
110	110	4.17 (1) enter and inspect any place or vehicle; and
111	111	4.18 (2) open and inspect any package or container.
112	112	4.19 Sec. 6. Minnesota Statutes 2024, section 97A.221, subdivision 1, is amended to read:
113	113	4.20 Subdivision 1.Property subject to seizure and confiscation.(a) Subject to the
114	114	4.21requirements of section 84.028, subdivision 4, an enforcement officer may seize:
115	115	4.22 (1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported,
116	116	4.23or possessed in violation of the game and fish laws or chapter 84 or 84D; and
117	117	4.24 (2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights,
118	118	4.25lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment
119	119	4.26that are used with the owner's knowledge to unlawfully take or transport wild animals, wild
120	120	4.27rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section.
121	121	4.28 (b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is
122	122	4.29subject to the provisions of section 97A.225.
123	123	4.30 (c) An enforcement officer must seize nets and equipment unlawfully possessed within
124	124	4.31ten miles of Lake of the Woods or Rainy Lake.
125	125	4Article 2 Sec. 6.
126	126	25-02433 as introduced01/21/25 REVISOR CKM/NS 5.1 Sec. 7. Minnesota Statutes 2024, section 97A.223, subdivision 1, is amended to read:
127	127	5.2 Subdivision 1.Property subject to seizure and forfeiture.(a) Subject to the
128	128	5.3requirements of section 84.028, subdivision 4, an enforcement officer must seize:
129	129	5.4 (1) firearms possessed in violation of state or federal law or court order; and
130	130	5.5 (2) property described in section 97A.221, subdivision 1, where no owner can be
131	131	5.6determined.
132	132	5.7 (b) Property seized under this section is subject to administrative forfeiture.
133	133	5.8 Sec. 8. Minnesota Statutes 2024, section 97A.225, subdivision 1, is amended to read:
134	134	5.9 Subdivision 1.Seizure.(a) Subject to the requirements of section 84.028, subdivision
135	135	5.104, an enforcement officer must seize all motor vehicles used to:
136	136	5.11 (1) shine wild animals in violation of section 97B.081, subdivision 1;
137	137	5.12 (2) transport big game animals illegally taken or fur-bearing animals illegally purchased;
138	138	5.13or
139	139	5.14 (3) transport minnows in violation of section 97C.501, 97C.515, or 97C.525.
140	140	5.15 (b) An enforcement officer must seize all boats and motors used in netting fish on Lake
141	141	5.16of the Woods, Rainy Lake, Lake Superior, Namakan Lake, and Sand Point Lake in violation
142	142	5.17of licensing or operating requirements of section 97A.475, subdivision 30, 97C.825, 97C.831,
143	143	5.18or 97C.835, or a rule of the commissioner relating to these provisions.
144	144	5.19 (c) An enforcement officer may seize all boats and motors with their trailers that are
145	145	5.20used to take, possess, or transport wild animals when the restitution value of the wild animals
146	146	5.21exceeds $500.
147	147	5.22 Sec. 9. Minnesota Statutes 2024, section 97A.241, subdivision 1, is amended to read:
148	148	5.23 Subdivision 1.Officers of other jurisdictions as special conservation officers.With
149	149	5.24approval of the proper authority of another state or the United States, the commissioner
150	150	5.25may appoint any salaried and bonded officer of that jurisdiction authorized to enforce its
151	151	5.26wild animal laws a special conservation officer of this state. A special conservation officer
152	152	5.27is subject to section 84.028, subdivision 4, and to the supervision and control of and serves
153	153	5.28at the pleasure of the commissioner, but may not be compensated by this state. A special
154	154	5.29conservation officer has powers of and is subject to the liabilities of conservation officers
155	155	5.30of this state, except as otherwise directed by the commissioner.
156	156	5Article 2 Sec. 9.
157	157	25-02433 as introduced01/21/25 REVISOR CKM/NS 6.1 Sec. 10. Minnesota Statutes 2024, section 97B.002, subdivision 1, is amended to read:
158	158	6.2 Subdivision 1.Authority to issue.Subject to the requirements of section 84.028,
159	159	6.3subdivision 4, conservation officers, sheriffs, and deputies may issue citations to a person
160	160	6.4who trespasses in violation of section 84.90 or 97B.001 or removes a sign posted to prevent
161	161	6.5trespass without permission of the owner of the property.
162	162	6.6 Sec. 11. Minnesota Statutes 2024, section 97B.065, subdivision 2, is amended to read:
163	163	6.7 Subd. 2.Arrest.Subject to the requirements of section 84.028, subdivision 4, a peace
164	164	6.8officer may arrest a person for a violation under subdivision 1 without a warrant upon
165	165	6.9probable cause, without regard to whether the violation was committed in the officer's
166	166	6.10presence.
167	167	6Article 2 Sec. 11.
168	168	25-02433 as introduced01/21/25 REVISOR CKM/NS Page.Ln 1.10SUBSTANTIVE CHANGES.................................................................ARTICLE 1
169	169	Page.Ln 2.24CONFORMING CHANGES.................................................................ARTICLE 2
170	170	1
171	171	APPENDIX
172	172	Article locations for 25-02433