HF 2991

as introduced - 88th Legislature (2013 - 2014) Posted on 03/12/2014 11:32am

A bill for an act
relating to game and fish; modifying migratory waterfowl and pheasant pictorial
stamp purchasing options; amending Minnesota Statutes 2012, section 97A.405,
subdivision 2.

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

Section 1.

Minnesota Statutes 2012, 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 either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper 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.

(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, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
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. 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) 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 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 deleted text begin migratory
waterfowl, pheasant, deleted text end trout and salmon deleted text begin , deleted text end 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 new text begin migratory waterfowl,
pheasant, or new text end 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.