SF 3666

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to game and fish; establishing a walleye fishing stamp for the purpose
of increased walleye stocking; amending Minnesota Statutes 2006, sections
97A.045, subdivision 7; 97A.055, subdivision 4b; 97A.075, by adding a
subdivision; 97A.473, subdivision 2; 97A.474, subdivision 2; 97A.475, by
adding a subdivision; 97A.485, subdivision 6; Minnesota Statutes 2007
Supplement, sections 97A.055, subdivision 4; 97A.405, subdivision 2; 97A.473,
subdivision 5.

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

Section 1.

Minnesota Statutes 2006, section 97A.045, subdivision 7, is amended to
read:

Subd. 7.

Duty to encourage stamp design and purchases.

(a) The commissioner
shall encourage the purchase of:

(1) Minnesota migratory waterfowl stamps by nonhunters interested in migratory
waterfowl preservation and habitat development;

(2) pheasant stamps by persons interested in pheasant habitat improvement;

(3) trout and salmon stamps by persons interested in trout and salmon stream and
lake improvement; deleted text begin and
deleted text end

(4) turkey stamps by persons interested in wild turkey management and habitat
improvement new text begin ; and
new text end

new text begin (5) walleye stamps by persons interested in walleye stocking and stamp collecting new text end .

(b) The commissioner shall make rules governing contests for selecting a design
for each stamp, including those stamps not required to be in possession while taking
game or fish.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is
amended to read:

Subd. 4.

Game and fish annual reports.

(a) By December 15 each year,
the commissioner shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on each of the following:

(1) the amount of revenue from the following and purposes for which expenditures
were made:

(i) the small game license surcharge under section 97A.475, subdivision 4;

(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
5, clause (1);

(iii) the trout and salmon stamp under section 97A.475, subdivision 10;

(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2);

(v) the turkey stamp under section 97A.475, subdivision 5, clause (3); deleted text begin and
deleted text end

(vi) the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a; new text begin and
new text end

new text begin (vii) the walleye stamp under 97A.475, subdivision 10a;
new text end

(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;

(3) money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;

(4) outcome goals for the expenditures from the game and fish fund; and

(5) summary and comments of citizen oversight committee reviews under
subdivision 4b.

(b) The report must include the commissioner's recommendations, if any, for
changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

Sec. 3.

Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp new text begin and walleye stamp new text end funding;

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to review ecological services
funding;

(5) a subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;

(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; deleted text begin and
deleted text end

(9) a subcommittee to review the report on the turkey stamp and address funding
issues related to wild turkeys new text begin ; and
new text end

new text begin (10) a subcommittee to review the walleye stamp and address funding issues related
to walleye stocking new text end .

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance.

(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.

Sec. 4.

Minnesota Statutes 2006, section 97A.075, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Walleye stamp. new text end

new text begin (a) Revenue from walleye stamps must be credited to the
walleye stamp account. Money in the account must be used only for stocking walleye in
waters of the state and related activities.
new text end

new text begin (b) Money in the account may not be used for costs unless they are directly related to
a specific body of water under paragraph (a), or for costs associated with supplies and
equipment to implement walleye stocking activities under paragraph (a).
new text end

Sec. 5.

Minnesota Statutes 2007 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 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 turkey,
migratory waterfowl, pheasant, deleted text begin or deleted text end trout and salmon new text begin , or walleye new text end stamp shall be provided to
the licensee after purchase of a stamp validation only if the licensee pays an additional
$2 fee.

Sec. 6.

Minnesota Statutes 2006, section 97A.473, subdivision 2, is amended to read:

Subd. 2.

Lifetime angling license; fee.

(a) A resident lifetime angling license
authorizes a person to take fish by angling in the state. The license authorizes those
activities authorized by the annual resident angling license. The license does not include a
trout and salmon stamp validation new text begin , a walleye stamp validation, new text end or other stamps required
by law.

(b) The fees for a resident lifetime angling license are:

(1) age 3 and under, $227;

(2) age 4 to age 15, $300;

(3) age 16 to age 50, $383; and

(4) age 51 and over, $203.

Sec. 7.

Minnesota Statutes 2007 Supplement, section 97A.473, subdivision 5, is
amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game in the state. The
license authorizes those activities authorized by the annual resident angling, resident
small game hunting, and resident trapping licenses. The license does not include a trout
and salmon stamp validation, a turkey stamp validation, new text begin a walleye stamp validation, new text end or
any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

Sec. 8.

Minnesota Statutes 2006, section 97A.474, subdivision 2, is amended to read:

Subd. 2.

Nonresident lifetime angling license; fee.

(a) A nonresident lifetime
angling license authorizes a person to take fish by angling in the state. The license
authorizes those activities authorized by the annual nonresident angling license. The
license does not include a trout and salmon stamp validation new text begin , a walleye stamp validation, new text end
or other stamps required by law.

(b) The fees for a nonresident lifetime angling license are:

(1) age 3 and under, $447;

(2) age 4 to age 15, $600;

(3) age 16 to age 50, $773; and

(4) age 51 and over, $513.

Sec. 9.

Minnesota Statutes 2006, section 97A.475, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Walleye stamp validation. new text end

new text begin A person may agree to purchase a walleye
stamp validation for $5.
new text end

Sec. 10.

Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1; and

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

(4) for a stamp that is not issued simultaneously with a license, an issuing fee of 50
cents may be charged at the discretion of the authorized seller;

(5) for stamps issued simultaneously with a license, there is no fee;

(6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441
or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;

(7) for lifetime licenses, there is no fee; and

(8) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion
of the authorized seller.

(b) An issuing fee may not be collected for issuance of a trout and salmon stamp
new text begin or walleye stamp new text end if a stamp validation is issued simultaneously with the related angling
or sporting license. Only one issuing fee may be collected when selling more than one
trout and salmon new text begin or walleye new text end stamp in the same transaction after the end of the season
for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.