HF 369

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; modifying licensing and 
  1.3             stamp provisions to allow for the use of a license 
  1.4             identification number and license validation; amending 
  1.5             Minnesota Statutes 1996, sections 84.027, by adding a 
  1.6             subdivision; 97A.015, by adding a subdivision; 
  1.7             97A.405, subdivision 2; 97A.415, subdivision 2; 
  1.8             97B.715, subdivision 1; 97B.721; 97B.801; and 97C.305, 
  1.9             subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 84.027, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
  1.14  may receive an application for, sell, and issue any license, 
  1.15  stamp, permit, registration, or transfer under the jurisdiction 
  1.16  of the commissioner by electronic means, including by 
  1.17  telephone.  The commissioner may: 
  1.18     (1) provide for the electronic transfer of funds generated 
  1.19  by electronic transactions, including by telephone; 
  1.20     (2) appoint agents to administer electronic transactions; 
  1.21     (3) assign a license identification number to an applicant 
  1.22  who purchases a hunting or fishing license by electronic means, 
  1.23  to serve as temporary authorization to engage in the licensed 
  1.24  activity until the license is received or expires; 
  1.25     (4) charge and permit agents to charge a reasonable 
  1.26  transaction fee and credit card fee of individuals who make 
  1.27  electronic transactions, including transactions by telephone; 
  2.1   and 
  2.2      (5) adopt rules to administer the provisions of this 
  2.3   subdivision. 
  2.4      (b) A county shall not collect a commission for the sale of 
  2.5   licenses or permits made by agents appointed by the commissioner 
  2.6   under this subdivision. 
  2.7      Sec. 2.  Minnesota Statutes 1996, section 97A.015, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 27a.  [LICENSE IDENTIFICATION NUMBER.] "License 
  2.10  identification number" means a verification number issued under 
  2.11  the authority of the commissioner in conjunction with the 
  2.12  electronic purchase of a license or stamp and valid until the 
  2.13  license is received by the purchaser. 
  2.14     Sec. 3.  Minnesota Statutes 1996, section 97A.405, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [PERSONAL POSSESSION.] (a) A person to whom a 
  2.17  license is issued must have the license in personal possession 
  2.18  while acting under the a license and while or traveling from 
  2.19  the an area where the a licensed activity is was performed 
  2.20  must have in personal possession either:  (1) the proper 
  2.21  license, if the license has been issued to and received by the 
  2.22  person, or (2) the proper license identification number, if the 
  2.23  license has been sold to the person by electronic means but the 
  2.24  actual license has not been issued and received. 
  2.25     (b) If possession of a license or a license identification 
  2.26  number is required, a person must exhibit the proper license 
  2.27  when, as requested by a conservation officer or peace officer., 
  2.28  either:  (1) the proper license if the license has been issued 
  2.29  to and received by the person, or (2) the proper license 
  2.30  identification number and a valid state driver's license, state 
  2.31  identification card, or other form of identification provided by 
  2.32  a unit of government acceptable to the commissioner, if the 
  2.33  license has been sold to the person by electronic means but the 
  2.34  actual license has not been issued and received.  
  2.35     (c) If the actual license has been issued and received, a 
  2.36  receipt for license fees, a copy of a license, or evidence 
  3.1   showing the issuance of a license, including the license 
  3.2   identification number, does not entitle a licensee to exercise 
  3.3   the rights or privileges conferred by a license.  
  3.4      Sec. 4.  Minnesota Statutes 1996, section 97A.415, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [TRANSFER PROHIBITED.] A person may not lend, 
  3.7   transfer, borrow, or solicit a license or permit, license 
  3.8   identification number, application for a license or permit, 
  3.9   coupon, tag, or seal, or use a license, permit, license 
  3.10  identification number, coupon, tag, or seal not issued to the 
  3.11  person unless otherwise expressly authorized.  
  3.12     Sec. 5.  Minnesota Statutes 1996, section 97B.715, 
  3.13  subdivision 1, is amended to read: 
  3.14     Subdivision 1.  [STAMP REQUIRED.] (a) Except as provided in 
  3.15  paragraph (b) or section 97A.405, subdivision 2, a person 
  3.16  required to possess a small game license may not hunt pheasants 
  3.17  without:  
  3.18     (1) a pheasant stamp in possession; or 
  3.19     (2) a pheasant validation on the small game license.  
  3.20     (b) The following persons are exempt from this subdivision: 
  3.21     (1) residents under age 18 or over age 65; and 
  3.22     (2) persons hunting on licensed private commercial shooting 
  3.23  preserves. 
  3.24     Sec. 6.  Minnesota Statutes 1996, section 97B.721, is 
  3.25  amended to read: 
  3.26     97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 
  3.27  AND REGISTRATION REQUIREMENTS.] 
  3.28     (a) Except as provided in paragraph (b) or section 97A.405, 
  3.29  subdivision 2, a person may not take a turkey without a turkey 
  3.30  license and: 
  3.31     (1) a turkey stamp in possession; or 
  3.32     (2) a turkey validation on the turkey license. 
  3.33     (b) The requirement in paragraph (a) to possess a turkey 
  3.34  stamp or a license validation does not apply to persons under 
  3.35  age 18. 
  3.36     (c) The commissioner may by rule prescribe requirements for 
  4.1   the tagging and registration of turkeys. 
  4.2      Sec. 7.  Minnesota Statutes 1996, section 97B.801, is 
  4.3   amended to read: 
  4.4      97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 
  4.5      (a) Except as provided in this section or section 97A.405, 
  4.6   subdivision 2, a person required to possess a small game license 
  4.7   may not take migratory waterfowl without: 
  4.8      (1) a Minnesota migratory waterfowl stamp in possession; or 
  4.9      (2) a migratory waterfowl validation on the small game 
  4.10  license.  
  4.11     (b) Residents under age 18 or over age 65 and persons 
  4.12  hunting on their own property are not required to possess the a 
  4.13  stamp or a license validation under this section.  
  4.14     Sec. 8.  Minnesota Statutes 1996, section 97C.305, 
  4.15  subdivision 1, is amended to read: 
  4.16     Subdivision 1.  [REQUIREMENT.] Except as provided in 
  4.17  subdivision 2 or section 97A.405, subdivision 2, a person over 
  4.18  age 16 and under age 65 required to possess an angling license 
  4.19  must have a trout and salmon stamp in possession or a trout 
  4.20  validation on the angling license to: 
  4.21     (1) take fish by angling in: 
  4.22     (i) a stream designated by the commissioner as a trout 
  4.23  stream; 
  4.24     (ii) a lake designated by the commissioner as a trout lake; 
  4.25  or 
  4.26     (iii) Lake Superior; or 
  4.27     (2) possess trout or salmon taken in the state by angling.