Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes