SF 3400

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/19/2024 10:04am

A bill for an act
relating to game and fish; allowing the use of a digital image as proof of possession
of game and fish licenses; amending Minnesota Statutes 2023 Supplement, section
97A.405, subdivision 2.

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

Section 1.

Minnesota Statutes 2023 Supplement, 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:

(1) the proper paper 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;

(3) the proper paper 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; or

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

(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: (1) the proper paper
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; (3) the proper paper 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; or
(4) electronic or other evidence satisfactory to the commissioner that the person has the
proper paperless license. 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), clauses (2) and (4), 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 paper 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 (e) Notwithstanding paragraphs (a), (b), and (c), a person may use a digital image of a
paper license issued to and received by the person to meet the requirement to possess the
proper paper license under paragraph (a), clause (1), and may exhibit to a conservation
officer or peace officer a digital image of a paper license issued to and received by the
person to meet the requirements of paragraph (b). This paragraph expires March 1, 2026.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end