HF 2596

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 11:41am

A bill for an act
relating to game and fish; requiring paperless angling, hunting, and trapping licenses
unless requested in paper format; appropriating money; amending Minnesota
Statutes 2022, sections 97A.045, subdivision 5; 97A.405, subdivision 2; 97A.420,
subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 97A.045, subdivision 5, is amended to read:

Subd. 5.

Power to prescribe form of permits and licenses.

new text begin (a) Except as provided in
paragraph (b), new text end the commissioner may prescribe the form of permits, licenses, and tags issued
under the game and fish laws.

new text begin (b) The commissioner must offer an applicant for an angling, trapping, or hunting license,
including a special permit issued under section 97A.401, the option of receiving the license
in either a paper or paperless format and must provide an applicant with a paperless license
unless the applicant requests a paper license. This paragraph applies to both annual and
lifetime licenses. The commissioner must ensure that a person authorized to issue an annual
license described in this paragraph has the ability to issue paperless licenses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 97A.405, subdivision 2, is amended to read:

Subd. 2.

Personal possession.

(a) A person acting under a license or traveling from an
area where a licensed activity was performed must have in personal possession deleted text begin either deleted text end :

(1) the proper new text begin paper new text end license, if the license has been issued to and received by the person;

(2) a driver's license or Minnesota identification card that bears a valid designation of
the proper lifetime license, as provided under section 171.07, subdivision 19; deleted text begin or
deleted text end

(3) the proper new text begin paper new text end license identification number or stamp validation, if the license has
been sold to the person by electronic means but the actual license has not been issued and
received new text begin ; or
new text end

new text begin (4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license new text end .

(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer deleted text begin , either deleted text end : (1) the proper
new text begin paper new text end license if the license has been issued to and received by the person; (2) a driver's
license or Minnesota identification card that bears a valid designation of the proper lifetime
license, as provided under section 171.07, subdivision 19; deleted text begin or deleted text end (3) the proper new text begin paper new text end license
identification number or stamp validation and a valid state driver's license, state identification
card, or other form of identification provided by the commissioner, if the license has been
sold to the person by electronic means but the actual license has not been issued and received new text begin ;
or (4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license new text end . A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest, or
satisfactory proof that at the time of the arrest the person was validly licensed. Upon request
of a conservation officer or peace officer, a licensee shall write the licensee's name in the
presence of the officer to determine the identity of the licensee.

(c) Except as provided in paragraph (a), deleted text begin clause deleted text end new text begin clauses new text end (2) new text begin and (4) new text end , if the actual license
has been issued and received, a receipt for license fees, a copy of a license, or evidence
showing the issuance of a license, including the license identification number or stamp
validation, does not entitle a licensee to exercise the rights or privileges conferred by a
license.

(d) A new text begin paper new text end license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory
waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee
after purchase of a stamp validation only if the licensee pays an additional fee that covers
the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be
purchased for a fee that covers the costs of producing and mailing the pictorial stamp.
Notwithstanding section 16A.1283, the commissioner may, by written order published in
the State Register, establish fees for providing the pictorial stamps. The fees must be set in
an amount that does not recover significantly more or less than the cost of producing and
mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14, and
section 14.386 does not apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the license
of a person who unlawfully takes, transports, or possesses wild animals when the restitution
value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the
person may not use or obtain any license to take the same type of wild animals involved,
including a duplicate license, until an action is taken under subdivision 6. If the license
seized under this paragraph was for a big game animal, the license seizure applies to all
licenses to take big game issued to the individual. If the license seized under this paragraph
was for small game animals, the license seizure applies to all licenses to take small game
issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of the
wild animals unlawfully taken, possessed, or transported is $1,000 or more, all other game
and fish licenses held by the person shall be immediately seized. Except as provided in
subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including
a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this subdivision
until an action is taken under subdivision 6.

new text begin (d) The commissioner must make a means of seizing and releasing a paperless license
under this section available to enforcement officers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 4. new text begin APPROPRIATION; PAPERLESS LICENSING CAPABILITIES.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
natural resources to develop the infrastructure, processes, and capabilities needed to issue
and administer electronic hunting, trapping, and angling licenses, as required by Minnesota
Statutes, section 97A.045, beginning March 1, 2024. This is a onetime appropriation.
new text end