SF 1911

as introduced - 87th Legislature (2011 - 2012) Posted on 02/22/2012 04:02pm

A bill for an act
relating to natural resources; enacting the Freedom to Hunt and Fish Act of 2012;
requiring the availability of game and fish licenses by electronic transaction;
appropriating money; amending Minnesota Statutes 2010, section 84.027,
subdivision 15.

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

Section 1. new text begin CITATION.
new text end

new text begin This act may be cited as the "Freedom to Hunt and Fish Act of 2012."
new text end

Sec. 2.

Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner may receive an
application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
training certification, registration, or transfer under the jurisdiction of the commissioner
by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:

(1) provide for the electronic transfer of funds generated by electronic transactions,
including by telephone;

(2) assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or registration until
the license or registration is received or expires;

(3) charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees and an
additional transaction fee not to exceed $3.50;

(4) charge and permit agents to charge a convenience fee not to exceed three percent
of the cost of the license to individuals who use electronic bank cards for payment. An
electronic licensing system agent charging a fee of individuals making an electronic
bank card transaction in person must post a sign informing individuals of the fee. The
sign must be near the point of payment, clearly visible, include the amount of the fee, and
state: "License agents are allowed by state law to charge a fee not to exceed three percent
of the cost of state licenses to persons who use electronic bank cards for payment. The
fee is not required by state law.";

(5) establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing system.
The commissioner shall establish the commission in a manner that neither significantly
overrecovers nor underrecovers costs involved in providing the electronic licensing
system; and

(6) adopt rules to administer the provisions of this subdivision.

(b) The fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking procedures
of chapter 14 and section 14.386 does not apply.

(c) Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.

new text begin (d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
electronic transaction, regardless of whether all or any part of the biennial appropriation
law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
has not been enacted to appropriate money to the commissioner of management and budget
for central accounting, procurement, payroll, and human resources functions, amounts
necessary to operate those functions for the purpose of this paragraph are appropriated
from the general fund to the commissioner of management and budget. Any subsequent
appropriation to the commissioner of management and budget for a biennium in which
this section is applicable supersedes and replaces the funding authorized in this paragraph.
new text end