Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1223

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2017 02:39pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2017

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8
1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12
4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22
6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 7.1 7.2 7.3
7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16
7.17 7.18 7.19
7.20 7.21

A bill for an act
relating to natural resources; modifying military and veteran eligibility requirements
for certain permits and licenses; amending Minnesota Statutes 2016, sections
85.053, subdivisions 8, 10; 97A.441, subdivision 6; 97A.465, subdivisions 1b, 5,
by adding a subdivision; 97A.485, subdivision 6; 97B.715, subdivision 1; 97B.801;
97C.305, subdivision 2; repealing Minnesota Statutes 2016, section 97A.441,
subdivisions 5, 6a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read:


Subd. 8.

new text beginFree permit; new text endmilitary personneldeleted text begin; exemptiondeleted text end.

(a) deleted text beginA one-day permit,deleted text endnew text begin Annual
permits
new text end under subdivision deleted text begin4, shalldeleted text endnew text begin 1 mustnew text end be issued without a fee deleted text beginfor a motor vehicle being
used by a person who is serving in
deleted text endnew text begin tonew text end active military deleted text beginservicedeleted text endnew text begin personnelnew text end in any branch or unit
of the United States armed forces deleted text beginand who is stationed outside Minnesota, during the period
of active service and for 90 days immediately thereafter, if the
deleted text endnew text begin or their dependents. To
qualify for a free permit under this subdivision, a
new text end person deleted text beginpresents the person's current military
orders
deleted text endnew text begin must present qualifying military identification or an annual pass for the United States
military issued through the National Parks and Federal Recreational Lands Pass program
new text end
to the park attendant on duty or other designee of the commissioner.

(b) For purposes of this deleted text beginsection, "active service" has the meaning given under section
190.05, subdivision 5c, when performed outside Minnesota.
deleted text endnew text begin subdivision, the commissioner
shall establish what constitutes qualifying military identification by written order published
in the State Register. The written order is exempt from the rulemaking provisions of chapter
14, and section 14.386 does not apply.
new text end

(c) deleted text beginA permit is not required for a motor vehicle being used by military personnel or their
dependents who have in their possession the annual pass for United States military and their
dependents issued by the federal government for access to federal recreation sites.
deleted text endnew text begin For
vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is
valid only when displayed on a vehicle owned and occupied by the person to whom the
permit is issued.
new text end

new text begin (d) The commissioner may issue a daily vehicle permit free of charge to an individual
who qualifies under paragraph (a) and does not own or operate a motor vehicle.
new text end

Sec. 2.

Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read:


Subd. 10.

Free deleted text beginentrancedeleted text endnew text begin permitnew text end; disabled veterans.

new text begin(a) new text endThe commissioner shall issue
an annual park permit for no charge to any veteran deleted text beginwith a total and permanent
service-connected disability, and a daily park permit to any resident veteran
deleted text end with any level
of service-connected disability, as determined by the United States Department of Veterans
Affairs, who presents each year a copy of the veteran's determination letter new text beginor other official
form of validation issued by the United States Department of Veterans Affairs or the United
States Department of Defense
new text endto a park attendant or commissioner's designee. For the
purposes of this deleted text beginsectiondeleted text endnew text begin subdivisionnew text end, "veteran" has the meaning given in section 197.447.

new text begin (b) For vehicles permitted under paragraph (a), the permit or decal issued under this
subdivision is valid only when displayed on a vehicle owned and occupied by the person
to whom the permit is issued.
new text end

new text begin (c) The commissioner may issue a daily vehicle permit free of charge to an individual
who qualifies under paragraph (a) and does not own or operate a motor vehicle.
new text end

Sec. 3.

Minnesota Statutes 2016, section 97A.441, subdivision 6, is amended to read:


Subd. 6.

Taking deer; disabled veterans.

(a) new text beginUpon being furnished satisfactory evidence,
new text end a person authorized to issue licenses must issue, without a fee, deleted text beginadeleted text endnew text begin an annualnew text end license new text beginand tag
new text end to take deer deleted text beginwithdeleted text endnew text begin bynew text end firearms or by archery to a resident deleted text beginthatdeleted text endnew text begin whonew text end is a veteran, as defined in
section 197.447, and deleted text beginthatdeleted text end has a 100 percent deleted text beginservice connecteddeleted text endnew text begin permanent and total
service-connected
new text end disability as defined by the United States deleted text beginVeterans Administration upon
being furnished satisfactory evidence
deleted text endnew text begin Department of Veterans Affairsnew text end.

(b) The commissioner, upon request, must issue a permanent card documenting
satisfactory evidence of new text beginstatus with a new text end100 percent deleted text beginpermanently disabled statusdeleted text endnew text begin permanent
and total service-connected disability
new text end.

(c) The following deleted text beginserve asdeleted text endnew text begin arenew text end satisfactory evidence to obtain a license under this
subdivision at all agent locations:

(1) a card issued under paragraph (b); deleted text beginor
deleted text end

(2) a driver's license or Minnesota identification card bearing the designation under
section 171.07, subdivision 15, paragraph (a), clause (2)deleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) documentation from the United States Department of Veterans Affairs clearly stating
a 100 percent permanent and total service-connected disability.
new text end

Sec. 4.

Minnesota Statutes 2016, section 97A.465, subdivision 1b, is amended to read:


Subd. 1b.

Residents discharged from active service.

(a) A resident new text beginveteran new text endwho has
served at any time during the preceding 24 months in federal active service, as defined in
section 190.05, subdivision 5c, outside the United States as new text beginan active-duty member of the
United States armed forces or as
new text enda member of the new text beginreserve or new text endNational Guarddeleted text begin, or as a reserve
component or active duty member of the United States armed forces
deleted text end and has been discharged
from new text beginfederal new text endactive service may take small game and fish without a license if the resident
possesses official new text beginfederal active-service new text endmilitary discharge papers. The resident must obtain
the seals, tags, and coupons required of a licenseedeleted text begin, which must be furnisheddeleted text endnew text begin. Any required
seals, tags, or coupons must be issued
new text end without charge.

(b) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end issue, without new text begina new text endfee, a deer license, valid for a deer of
either sex, to a resident new text beginveteran new text endwho has served at any time during the preceding 24 months
in federal active service, as defined in section 190.05, subdivision 5c, outside the United
States as new text beginan active-duty member of the United States armed forces or as new text enda member of the
new text begin reserve or new text endNational Guarddeleted text begin, or as a reserve component or active duty member of the United
States armed forces
deleted text end and has been discharged from new text beginfederal new text endactive service. Eligibility under
this paragraph is limited to one license per resident.

Sec. 5.

Minnesota Statutes 2016, section 97A.465, subdivision 5, is amended to read:


Subd. 5.

Preference to service members.

(a) For purposes of this subdivision:

(1) "qualified service member or veteran" means a deleted text beginMinnesotadeleted text end resident who:

(i) is deleted text begincurrentlydeleted text end serving, or has served at any time during the past 24 months, in active
service as a member of the United States armed forces, including the new text beginreserve or new text endNational
Guard deleted text beginor other military reservesdeleted text end;

(ii) has received a Purple Heart medal for qualifying military service, as shown by official
military recordsnew text begin or a veteran health identification card with designationnew text end; or

(iii) has a new text begin100 percent permanent and total new text endservice-connected disability deleted text beginrated at 100
percent
deleted text end as defined by the United States Department of Veterans Affairs; and

(2) "active service" means service defined under section 190.05, subdivision 5b or 5c.

(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
administrative rules, the commissioner may give first preference to qualified service members
or veterans in any drawing or lottery involving the selection of applicants for hunting or
fishing licenses, permits, and special permits. This subdivision does not apply to licenses
or permits for taking moose, elk, or prairie chickens. Actions of the commissioner under
this subdivision are not rules under the Administrative Procedure Actnew text begin,new text end and section 14.386
does not apply.

Sec. 6.

Minnesota Statutes 2016, section 97A.465, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Disabled veterans; small game and fish. new text end

new text begin (a) A resident veteran as defined in
section 197.447 who has a 100 percent permanent and total service-connected disability as
defined by the United States Department of Veterans Affairs and possesses satisfactory
evidence may take small game, except turkey, prairie chicken, and wolf, and fish without
a license. The resident must obtain the seals, tags, and coupons required of a licensee. Any
required seals, tags, or coupons must be issued without charge.
new text end

new text begin (b) The commissioner, upon request, must issue a permanent card documenting
satisfactory evidence of status with a 100 percent permanent and total service-connected
disability.
new text end

new text begin (c) The following are satisfactory evidence under paragraph (a):
new text end

new text begin (1) a card issued under paragraph (b);
new text end

new text begin (2) a driver's license or Minnesota identification card bearing the designation under
section 171.07, subdivision 15, paragraph (a), clause (2); or
new text end

new text begin (3) documentation from the United States Department of Veterans Affairs clearly stating
a 100 percent permanent and total service-connected disability.
new text end

Sec. 7.

Minnesota Statutes 2016, section 97A.485, subdivision 6, is amended to read:


Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell licenses
under this section must issue the following licenses for the license fee and the following
issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1;

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires
a license purchase at the time of application and the license purchase requires an application
fee;

(5) for a prairie-chicken license, the issuing fee is $1;

(6) for a turkey license, the issuing fee is $1;

(7) for an elk license, the issuing fee is $1;

(8) for a moose license, the issuing fee is $1;

(9) for a wolf license, the issuing fee is $1;

(10) for a stamp validation that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;

(11) for stamp validations issued simultaneously with a license, there is no fee;

(12) for licenses, seals, tags, or coupons issued without a fee under section 97A.441,
subdivisions 1
to deleted text begin6adeleted text endnew text begin 4new text end, or 97A.465, there is no fee;

(13) for lifetime licenses, there is no fee; and

(14) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of the
authorized seller.

(b) Only one issuing fee may be collected when selling more than one stamp in the same
transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the issuing
fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses each
to fishing guides operating charter boats upon receipt of payment of all license fees, excluding
the issuing fee required under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The commissioner shall refund the charter boat captain for
the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the
commissioner for one year.

Sec. 8.

Minnesota Statutes 2016, section 97B.715, subdivision 1, is amended to read:


Subdivision 1.

Stamp required.

(a) Except as provided in paragraph (b) or section
97A.405, subdivision 2, a person required to possess a small-game license may not hunt
pheasants without a pheasant stamp validation.

(b) The following persons are exempt from this subdivision:

(1) residents and nonresidents under age 18 and residents over age 65;

(2) persons hunting on licensed commercial shooting preserves;new text begin and
new text end

deleted text begin (3) resident disabled veterans with a license issued under section 97A.441, subdivision
6a
; and
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end residents and nonresidents hunting on licenses issued under section 97A.475,
subdivision 2
, clause (18); or 3, paragraph (a), clause (14).

Sec. 9.

Minnesota Statutes 2016, section 97B.801, is amended to read:


97B.801 MINNESOTA MIGRATORY-WATERFOWL STAMP REQUIRED.

(a) Except as provided in this section or section 97A.405, subdivision 2, a person required
to possess a small-game license may not take migratory waterfowl without a
migratory-waterfowl stamp validation.

(b) Residents under age 18 or over age 65deleted text begin; resident disabled veterans with a license
issued under section 97A.441, subdivision 6a;
deleted text end and persons hunting on their own property
are not required to possess a stamp validation under this section.

(c) Residents and nonresidents with licenses issued under section 97A.475, subdivision
2
, clause (18); or 3, paragraph (a), clause (14), are not required to possess a stamp validation
under this section.

Sec. 10.

Minnesota Statutes 2016, section 97C.305, subdivision 2, is amended to read:


Subd. 2.

Exception.

A trout-and-salmon stamp validation is not required to take fish by
angling or to possess trout and salmon if:

(1) the person:

(i) possesses a license to take fish by angling for a period of 24 hours or 72 hours from
the time of issuance under section 97A.475, subdivision 6, clause (4) or (5); or 7, paragraph
(a), clause (3) or (5); and

(ii) is taking fish by angling, or the trout or salmon were taken by the person, during the
period the license is valid;

(2) the person is taking fish, or the trout or salmon were taken by the person, as authorized
under section 97C.035; or

(3) the person has a valid license issued under section 97A.441, subdivision 1, 2, 3, new text beginor
new text end 4deleted text begin, or 5deleted text end.

Sec. 11. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 97A.441, subdivision
6, as Minnesota Statutes, section 97A.465, subdivision 10.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 97A.441, subdivisions 5 and 6a, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-0171

97A.441 LICENSES TO BE ISSUED WITHOUT FEE.

Subd. 5.

Angling; disabled veterans.

(a) A person authorized to issue licenses must issue, without a fee, a permanent license to take fish by angling to a resident who is a veteran, as defined in section 197.447, and that has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.

(b) A driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2), serves as satisfactory evidence to obtain a license under this subdivision at all agent locations.

Subd. 6a.

Taking small game; disabled veterans.

(a) A person authorized to issue licenses must issue, without a fee, a license to take small game to a resident who is a veteran, as defined in section 197.447, and who has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.

(b) The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.

(c) The following serve as satisfactory evidence to obtain a license under this subdivision at all agent locations:

(1) a card issued under paragraph (b); or

(2) a driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2).