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Tom Bottern
State of Minnesota
S.F. No. 1374 - Department of Natural Resources Enforcement (First Engrossment)
Author: Senator Justin D. Eichorn
Prepared By: Greg Knopff, Senate Analyst (651/296-9399)
Kenneth P. Backhus, Senate Counsel (651/296-4396)
Date: March 16, 2017


Section 1 [Technical] makes a technical change related to the changes in the bill on distribution of proceeds from the sale of forfeited property.

Sections 2 and 3 [Prosecuting authority] clarifies that county attorneys are the primary prosecuting authority for game and fish law violations (and associated forfeitures) and may use prosecutorial discretion.

Section 4 [Proceeds from the sale of confiscated items] provides that 30 percent of the sale proceeds from confiscated items, after paying the costs of confiscation, is considered a cost of forfeiture and will be forwarded to the prosecuting authority.

Section 5 [Game and fish law penalties] applies the general game and fish laws misdemeanor penalty to all violations of those laws, rather than applying it to the taking of wild animal.  This section also applies the misdemeanor penaly to the knowing false statement related to a requirement of the game and fish laws.

Section 6 [Gross overlimits of wild animals; penalty] requires more than one threatened or endangered wild animal to be taken, possessed, or transported, in violation of game and fish laws to elevate the penalty to a gross misdemeanor.

Section 7 [License seizure] lowers the threshold for restitution value of wild animals taken, transported, or possessed, that results in seizures of all game and fish licenses, from $5,000 to $1,000.

Section 8 [License revocation after conviction] raises a license prohibition to ten years from five years after a conviction of unlawfully taking wild animals that have a restitution value of $2,000 or more.  Lowers the restitution value of wild animals threshold to between $1,000 and $2,000 from $5,000 for the existing five-year license prohibition for a conviction of unlawfully taking wild animals.  This section limits the application of license revocation related to taking endangered or threatened animals to the taking of more than one animal.


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