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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 341-H.F.No. 3510 
                  An act relating to game and fish; providing for 
                  certain lifetime game and fish licenses; making the 
                  experimental two-deer license in certain counties 
                  permanent; appropriating money; amending Minnesota 
                  Statutes 1998, sections 97A.071, subdivision 2; 
                  97A.411, subdivision 1; 97A.421; 97A.475, subdivision 
                  4; and 97B.301, subdivision 4; Minnesota Statutes 1999 
                  Supplement, sections 97A.075, subdivision 1; and 
                  97B.020; proposing coding for new law in Minnesota 
                  Statutes, chapter 97A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 97A.071, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.] 
        Revenue from the small game surcharge and $4 annually from the 
        lifetime fish and wildlife trust fund, established in section 
        97A.4742, for each license issued under sections 97A.473, 
        subdivisions 3 and 5, and 97A.474, subdivision 3, shall be 
        credited to the wildlife acquisition account and the money in 
        the account shall be used by the commissioner only for the 
        purposes of this section, and acquisition and development of 
        wildlife lands under section 97A.145 and maintenance of the 
        lands, in accordance with appropriations made by the legislature.
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        97A.075, subdivision 1, is amended to read: 
           Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
        of this subdivision, "deer license" means a license issued under 
        section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 
        3, clauses (2), (3), and (7), and licenses issued under section 
        97B.301, subdivision 4.  
           (b) At least $2 from each annual deer license and $2 
        annually from the lifetime fish and wildlife trust fund, 
        established in section 97A.4742, for each license issued under 
        section 97A.473, subdivision 4, shall be used for deer habitat 
        improvement or deer management programs.  
           (c) At least $1 from each annual deer license and each bear 
        license and $1 annually from the lifetime fish and wildlife 
        trust fund, established in section 97A.4742, for each license 
        issued under section 97A.473, subdivision 4, shall be used for 
        deer and bear management programs, including a computerized 
        licensing system.  Fifty cents from each deer license is 
        appropriated for emergency deer feeding.  Money appropriated for 
        emergency deer feeding is available until expended.  When the 
        unencumbered balance in the appropriation for emergency deer 
        feeding at the end of a fiscal year exceeds $1,500,000 for the 
        first time, $750,000 is canceled to the unappropriated balance 
        of the game and fish fund. 
           Thereafter, when the unencumbered balance in the 
        appropriation for emergency deer feeding exceeds $1,500,000 at 
        the end of a fiscal year, the unencumbered balance in excess of 
        $1,500,000 is canceled and available for deer and bear 
        management programs and computerized licensing. 
           Sec. 3.  Minnesota Statutes 1998, section 97A.411, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE PERIOD.] (a) Except as provided in 
        paragraphs (b) and, (c), and (d), a license is valid during the 
        lawful time within the license year that the licensed activity 
        may be performed.  A license year begins on the first day of 
        March and ends on the last day of February. 
           (b) A license issued under section 97A.475, subdivision 6, 
        clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or 
        (6), or 97A.475, subdivision 12, clause (2), is valid for the 
        full license period even if this period extends into the next 
        license year, provided that the license period selected by the 
        licensee begins at the time of issuance. 
           (c) When the last day of February falls on a Saturday, an 
        annual resident or nonresident fish house or dark house license, 
        including a rental fish house or dark house license, obtained 
        for the license year covering the last day of February, is valid 
        through Sunday, March 1 and the angling license of the fish 
        house licensee is extended through March 1. 
           (d) A lifetime license issued under section 97A.473 or 
        97A.474 is valid during the lawful time within the license year 
        that the licensed activity may be performed for the lifetime of 
        the licensee. 
           Sec. 4.  Minnesota Statutes 1998, section 97A.421, is 
        amended to read: 
           97A.421 [VALIDITY AND ISSUANCE OF LICENSES AFTER 
        CONVICTION.] 
           Subdivision 1.  [GENERAL.] (a) The annual license of a 
        person convicted of a violation of the game and fish laws 
        relating to the license or wild animals covered by the license 
        is void when: 
           (1) a second conviction occurs within three years under a 
        license to take small game or to take fish by angling or 
        spearing; 
           (2) a third conviction occurs within one year under a 
        minnow dealer's license; 
           (3) a second conviction occurs within three years for 
        violations of section 97A.425 that do not involve falsifications 
        or intentional omissions of information required to be recorded, 
        or attempts to conceal unlawful acts within the records; 
           (4) two or more misdemeanor convictions occur within a 
        three-year period under a private fish hatchery license; or 
           (5) the conviction occurs under a license not described in 
        clause (1), (2), or (4) or is for a violation of section 97A.425 
        not described in clause (3).  
           (b) Except for big game licenses and as otherwise provided 
        in this section, for one year after the conviction the person 
        may not obtain the kind of license or take wild animals under a 
        lifetime license, issued under section 97A.473 or 97A.474, 
        relating to the game and fish law violation.  
           Subd. 2.  [ISSUANCE OF LICENSE AFTER CONVICTION FOR BUYING 
        AND SELLING WILD ANIMALS.] A person may not obtain a license to 
        take any wild animal or take wild animals under a lifetime 
        license, issued under section 97A.473 or 97A.474, for a period 
        of three years after being convicted of buying or selling game 
        fish, big game, or small game, and the total amount of the sale 
        is $300 or more. 
           Subd. 3.  [ISSUANCE OF A BIG GAME LICENSE AFTER 
        CONVICTION.] A person may not obtain any big game license or 
        take big game under a lifetime license, issued under section 
        97A.473, for three years after the person is convicted of: 
           (1) a gross misdemeanor violation under the game and fish 
        laws relating to big game; 
           (2) doing an act without a required big game license; or 
           (3) the second violation within three years under the game 
        and fish laws relating to big game.  
           Subd. 4.  [ISSUANCE AFTER INTOXICATION OR NARCOTICS 
        CONVICTION.] A person convicted of a violation under section 
        97B.065, relating to hunting while intoxicated or using 
        narcotics, may not obtain a license to hunt with a firearm or by 
        archery or hunt with a firearm under a lifetime license, issued 
        under section 97A.473 or 97A.474, for five years after 
        conviction.  
           Subd. 5.  [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 
        AFTER CONVICTION.] If the commissioner determines that the 
        public welfare will not be injured, the commissioner may 
        reinstate licenses voided under subdivision 1 and issue licenses 
        to persons ineligible under subdivision 2.  The commissioner's 
        authority applies only to licenses to:  
           (1) maintain and operate fur or game farms or private fish 
        hatcheries; 
           (2) take fish commercially in Lake of the Woods, Rainy 
        Lake, Namakan Lake, or Lake Superior; 
           (3) buy fish from Lake of the Woods, Rainy Lake, Namakan 
        Lake, or Lake Superior commercial fishing licensees; and 
           (4) sell live minnows.  
           Subd. 6.  [APPLICABILITY TO MOOSE OR ELK LICENSES.] In this 
        section the term "license" includes an application for a license 
        to take either moose or elk. 
           Sec. 5.  [97A.473] [RESIDENT LIFETIME LICENSES.] 
           Subdivision 1.  [RESIDENT LIFETIME LICENSES 
        AUTHORIZED.] (a) The commissioner may issue a lifetime angling 
        license, a lifetime small game hunting license, a lifetime 
        firearms deer license, or a lifetime sporting license to a 
        person who is a resident of the state for at least one year or 
        who is under age 21 and the child of a person who is a resident 
        of the state for at least one year.  The license fees paid for a 
        lifetime license are nonrefundable. 
           (b) The commissioner may require the holder of a lifetime 
        license issued under this section to notify the department each 
        year that the license is used, by: 
           (1) telephone or Internet notification, as specified by the 
        commissioner; 
           (2) the purchase of stamps for the license; or 
           (3) registration and tag issuance, in the case of the 
        resident lifetime deer license. 
           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 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. 
           Subd. 3.  [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 
        resident lifetime small game hunting license authorizes a person 
        to hunt small game in the state.  The license authorizes those 
        hunting activities authorized by the annual resident small game 
        hunting license.  The license does not include any of the 
        hunting stamps required by law. 
           (b) The fees for a resident lifetime small game hunting 
        license are: 
           (1) age 3 and under, $217; 
           (2) age 4 to age 15, $290; 
           (3) age 16 to age 50, $363; and 
           (4) age 51 and over, $213. 
           Subd. 4.  [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 
        A resident lifetime firearm deer hunting license authorizes a 
        person to take deer with firearms in the state.  The license 
        authorizes those activities authorized by the annual resident 
        firearm deer hunting license.  The licensee must register and 
        receive tags each year that the license is used.  The tags shall 
        be issued at no charge to the licensee. 
           (b) The fees for a resident lifetime firearm deer hunting 
        license are: 
           (1) age 3 and under, $337; 
           (2) age 4 to age 15, $450; 
           (3) age 16 to age 50, $573; and 
           (4) age 51 and over, $383. 
           Subd. 5.  [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 
        lifetime sporting license authorizes a person to take fish by 
        angling and hunt small game in the state.  The license 
        authorizes those activities authorized by the annual resident 
        angling and resident small game hunting licenses.  The license 
        does not include a trout and salmon stamp or any of the 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. 6.  [97A.474] [NONRESIDENT LIFETIME LICENSES.] 
           Subdivision 1.  [NONRESIDENT LIFETIME LICENSES AUTHORIZED.] 
        (a) The commissioner may issue a lifetime angling license or a 
        lifetime small game hunting license to a nonresident.  The 
        license fees paid for a lifetime license are nonrefundable. 
           (b) The commissioner may require the holder of a lifetime 
        license issued under this section to notify the department each 
        year that the license is used, by: 
           (1) telephone or Internet notification, as specified by the 
        commissioner; or 
           (2) the purchase of stamps for the license. 
           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 
        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. 
           Subd. 3.  [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 
        FEE.] (a) A nonresident lifetime small game hunting license 
        authorizes a person to hunt small game in the state.  The 
        license authorizes those hunting activities authorized by the 
        annual nonresident small game hunting license.  The license does 
        not include any of the hunting stamps required by law.  
           (b) The fees for a nonresident lifetime small game hunting 
        license are: 
           (1) age 3 and under, $947; 
           (2) age 4 to age 15, $1,280; 
           (3) age 16 to age 50, $1,633; and 
           (4) age 51 and over, $1,083. 
           Sec. 7.  [97A.4742] [LIFETIME FISH AND WILDLIFE TRUST 
        FUND.] 
           Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The lifetime fish 
        and wildlife trust fund is established as a fund in the state 
        treasury.  All money received from the issuance of lifetime 
        angling, small game hunting, firearm deer hunting, and sporting 
        licenses and earnings on the fund shall be credited to the 
        lifetime fish and wildlife trust fund. 
           Subd. 2.  [INVESTMENT OF FUND; USE OF INCOME FROM 
        FUND.] Money in the lifetime fish and wildlife trust fund shall 
        be invested by the state investment board to secure the maximum 
        return consistent with the maintenance of the perpetuity of the 
        fund.  The income received and accruing from investments of the 
        fund shall be deposited in the lifetime fish and wildlife trust 
        fund.  Each year the commissioner of finance shall transfer from 
        the lifetime fish and wildlife trust fund to the game and fish 
        fund an amount equal to the amount that would otherwise have 
        been collected from annual license fees for each lifetime 
        license.  Surcharge amounts shall be transferred based on 
        sections 97A.071, subdivision 2, and 97A.075, subdivision 1. 
           Subd. 3.  [LIFETIME LICENSE FEES.] By October 15 of each 
        even-numbered year, the commissioner shall report on the 
        adequacy of lifetime license fees and make specific requests for 
        fee adjustments for the lifetime licenses to the legislative 
        committees with jurisdiction over environment and natural 
        resources finance and the commissioner of finance.  The 
        commissioner of finance shall review the fee report and make 
        recommendations to the governor and legislature for each fee 
        category under sections 97A.473 and 97A.474, as part of the 
        biennial budget, under sections 16A.10 and 16A.11.  
           Subd. 4.  [ANNUAL REPORT.] By November 15 each year, the 
        commissioner shall submit a report to the legislative committees 
        having jurisdiction over environment and natural resources 
        appropriations and environment and natural resources policy.  
        The report shall state the amount of revenue received in and 
        expenditures made from revenue transferred from the lifetime 
        fish and wildlife trust fund to the game and fish fund and shall 
        describe projects funded, locations of the projects, and results 
        and benefits from the projects.  The report may be included in 
        the game and fish fund report required by section 97A.055, 
        subdivision 4.  The commissioner shall make the annual report 
        available to the public. 
           Sec. 8.  Minnesota Statutes 1998, section 97A.475, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SMALL GAME SURCHARGE.] Fees for annual licenses 
        to take small game must be increased by a surcharge of $4.  An 
        additional commission may not be assessed on the surcharge and 
        this must be stated on the back of the license with the 
        following statement:  "This $4 surcharge is being paid by 
        hunters for the acquisition and development of wildlife lands." 
           Sec. 9.  Minnesota Statutes 1999 Supplement, section 
        97B.020, is amended to read: 
           97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 
           (a) Except as provided in this section, a person born after 
        December 31, 1979, may not obtain a an annual license to take 
        wild animals by firearms unless the person has a firearms safety 
        certificate or equivalent certificate, driver's license or 
        identification card with a valid firearms safety qualification 
        indicator issued under section 171.07, subdivision 13, previous 
        hunting license, or other evidence indicating that the person 
        has completed in this state or in another state a hunter safety 
        course recognized by the department under a reciprocity 
        agreement.  A person who is on active duty and has successfully 
        completed basic training in the United States armed forces, 
        reserve component, or national guard may obtain a hunting 
        license or approval authorizing hunting regardless of whether 
        the person is issued a firearms safety certificate. 
           (b) A person born after December 31, 1979, may not use a 
        lifetime license to take wild animals by firearms, unless the 
        person meets the requirements for obtaining an annual license 
        under paragraph (a). 
           Sec. 10.  Minnesota Statutes 1998, section 97B.301, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TAKING MORE THAN ONE DEER.] (a) The commissioner 
        may, by rule, allow a person to take more than one deer.  The 
        commissioner shall prescribe the conditions for taking the 
        additional deer including:  
           (1) taking by firearm or archery; 
           (2) obtaining additional licenses; and 
           (3) payment of a fee not more than the fee for a firearms 
        deer license; and 
           (4) the total number of deer that an individual may take. 
           (b) In Kittson, Lake of the Woods, Marshall, Pennington, 
        and Roseau counties, a person may obtain one firearms deer 
        license and one archery deer license in the same license year, 
        and may take one deer under each license.  The commissioner may 
        limit the use of this provision in certain years to protect the 
        deer population in the area. 
           Sec. 11.  [APPROPRIATION.] 
           $60,000 is appropriated in fiscal year 2001 from the game 
        and fish fund to the commissioner of natural resources to 
        administer and market lifetime licenses. 
           Sec. 12.  [EFFECTIVE DATE.] 
           Sections 1 to 11 are effective the day following final 
        enactment.  The resident licenses under section 5 shall be made 
        available by March 1, 2001, and apply to taking game and fish 
        for the 2001 license year.  The nonresident licenses under 
        section 6 shall be made available by March 1, 2002, and apply to 
        taking game and fish for the 2002 license year. 
           Presented to the governor April 3, 2000 
           Signed by the governor April 6, 2000, 3:56 p.m.