SB 198 Modifies provisions relating to crime in or near parks, cooperative agreements with state parks, certain historic shipwrecks, and certain hunting activities on private land
Sponsor: Mayer
LR Number: 0868L.03T Fiscal Note: 0868-03
Committee: Agriculture, Conservation, Parks & Natural Resources
Last Action: 7/13/2007 - Signed by Governor Journal Page:
Title: HCS SCS SB 198 Calendar Position:
Effective Date: August 28, 2007
House Handler: Pollock

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Current Bill Summary


HCS/SCS/SB 198 - The act creates the crime of distribution of a controlled substance near a park. It shall be a Class A felony to unlawfully distribute or deliver heroin, cocaine, LSD, amphetamine, or methamphetamine in, on, or within 1,000 feet of a public or private park.

Current law permits the Department of Natural Resources to enter into cooperative agreements with non-profit organizations that provide cooperative, interpretive, or educational services to any one state park. This act adds facility enhancement to the list of permissible activities for a cooperative agreement and allows organizations to provide services to any state park as opposed to just one. The Department may provide incidental staff support to an organization with which the Department has a cooperative agreement, provided the organization reimburses the Department for actual costs of park facility space and staff support as well as demonstrates certain benefits to the state. Proceeds from the sale of any services provided under a cooperative agreement must be used by the organization for interpretive or educational services in state parks.

The act requires that any historic shipwreck materials abandoned for at least 50 years that are located on land beneath navigable waters shall belong to the state. The Department of Natural Resources is given authority to regulate the visitation, study, and salvage of such materials. The act requires the written permission of any affected landowner for access to any such materials.

It shall be a Class B misdemeanor for any individual to fish, hunt, trap, or retrieve wildlife on any private land which is not owned by or in the lawful possession of such individual or on private land where such use is not expressly permitted by the lawful owner or holder of the land. A person who knowingly violates this provision may additionally be subject to the surrender of any hunting or fishing license issued by the Conservation Commission for up to one year. It shall also be a Class B misdemeanor to drive or flush wildlife from any such private land or to shoot wildlife that has been unlawfully driven or flushed from any such private land.

This act contains provisions that are similar to provisions in HB 75 (2007), SB 107 (2007), HB 366 (2007), HB 726 (2007), HB 752 (2007), and HB 912 (2007).

ERIKA JAQUES