Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 65--S.F.No. 47
           An act relating to game and fish; requiring a pheasant 
          stamp; establishing a fee and providing for the use of 
          revenue; allowing multiple sale of stamps with a 
          single issuing fee; appropriating money; amending 
          Minnesota Statutes 1982, section 98.50, subdivision 5; 
          proposing new law coded in Minnesota Statutes, chapter 
          97.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [97.4843] [PHEASANT STAMPS.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them:  
    (a) "Pheasant" means the Phasianus colchicus.  
    (b) "Stamp" means the state pheasant stamp issued by the 
commissioner.  
    (c) "Development" means, but is not limited to, the 
establishment of nesting cover, winter cover, and reliable food 
sources.  
    Subd. 2.  [STAMP REQUIRED.] Except for residents under the 
age of 18 years or over the age of 65 years, no person who is 
otherwise required to possess a Minnesota small game license 
shall hunt or take pheasants within this state without first 
purchasing a stamp and having the stamp in possession while 
hunting or taking pheasants.  Each stamp shall be validated by 
the signature of the licensee written across its face.  The 
commissioner shall determine the form of the stamp and shall 
furnish and distribute stamps to county auditors for sale by 
them and their authorized subagents as prescribed by order of 
the commissioner.  The commissioner shall encourage the purchase 
of stamps by any persons interested in the improvement of 
pheasant habitat.  
     Subd. 3.  [FEE.] A stamp shall be issued to each small game 
hunting license applicant or other person interested in the 
improvement of pheasant habitat upon payment of a fee of $5. 
Stamps shall be issued annually and shall be valid from March 1 
through the last day of the following February.  
    Subd. 4.  [USE OF REVENUE.] The commissioner may approve 
projects only for the following purposes:  
    (a) Promotion and practice of development, restoration, 
maintenance and preservation of suitable habitat for pheasants 
on public and private lands and the reimbursement of landowners 
for setting aside lands for pheasant habitat and the expenditure 
of funds on public and private lands to provide pheasant habitat;
    (b) Necessary related administrative and personnel costs in 
an amount not to exceed ten percent of the annual deposits into 
the game and fish fund attributable to the sale of stamps.  
    Sec. 2.  Minnesota Statutes 1982, section 98.50, 
subdivision 5, is amended to read: 
    Subd. 5.  Any resident desiring to sell the licenses 
referred to in subdivision 1 may either purchase for cash or 
obtain on consignment license blanks from a county auditor in 
groups of not less than five nonresident, and ten resident 
license blanks.  In addition to the basic license fee, he shall 
collect a fee for issuing each license in the amount of $1 for 
the license to take deer and for the sportsman license 
authorized in section 98.46, subdivision 2a, and 75 cents for 
all other licenses.  The state migratory waterfowl stamp 
required by section 97.4841, the trout stamp required by section 
97.4842, the pheasant stamp required by section 1, and any other 
similar state stamp required by statute, each shall be 
considered to be a "license" within the meaning of this 
subdivision except that only one issuing fee shall be collected 
when such stamp and a small game or other appropriate license 
are issued in the same transaction in which case the stamp shall 
be considered a part of the appropriate license and only one 
issuing fee shall be collected any stamps are issued in the same 
transaction with the appropriate small game, fishing, or 
sportsman's license, or when a collector purchases more than one 
stamp in the same transaction after the end of the season for 
which the stamp was issued.  In selling such licenses, he shall 
be deemed an agent of the county auditor and the commissioner, 
and he shall observe all rules and regulations promulgated by 
the commissioner for the accounting for and handling of such 
licenses. 
    The county auditor shall promptly deposit all moneys 
received from the sale of licenses with the county treasurer, 
and shall promptly transmit such reports as may be required by 
the commissioner, together with his warrant on the county 
treasurer for 100 percent of the surcharge imposed by section 
97.482 plus 96 percent of the price to the licensee, exclusively 
of said surcharge and the issuing fee, for each license sold or 
consigned by him and subsequently sold to a licensee during the 
accounting period.  The county auditor shall retain as his 
commission four percent of all license fees, excluding issuing 
fees for licenses consigned to subagents.  In addition, for 
licenses sold for cash directly to the licensee, the auditor 
shall collect the same issuing fee as a subagent.  Unsold 
license blanks in the hands of any agent shall be redeemed by 
the commissioner if presented for redemption within the time 
prescribed by the commissioner therefor.  Any license blanks not 
presented for redemption within the period prescribed shall be 
conclusively presumed to have been sold, and the agent 
possessing the same or to whom they are charged shall be 
accountable therefor.  The commissioner shall collect the same 
issuing fee as a subagent for licenses sold directly through a 
license distribution center operated by the department of 
natural resources.  The issuing fees so collected by the 
commissioner shall be credited to the game and fish fund. 
    Sec. 3.  [APPROPRIATION.] 
    There is appropriated from the game and fish fund to the 
commissioner of natural resources for pheasant habitat 
improvement pursuant to section 1 $500,000 for fiscal year 1984 
and $500,000 for fiscal year 1985.  The complement of the 
department is increased by one position.  
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 29, 1983