Bill Text: MN HF2343 | 2011-2012 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Game and fish licenses availability required by electronic transaction, and money appropriated.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2012-03-29 - HF indefinitely postponed [HF2343 Detail]

Download: Minnesota-2011-HF2343-Introduced.html

1.1A bill for an act
1.2relating to natural resources; enacting the Freedom to Hunt and Fish Act of 2012;
1.3requiring the availability of game and fish licenses by electronic transaction;
1.4appropriating money;amending Minnesota Statutes 2010, section 84.027,
1.5subdivision 15.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. CITATION.
1.8This act may be cited as the "Freedom to Hunt and Fish Act of 2012."

1.9    Sec. 2. Minnesota Statutes 2010, section 84.027, subdivision 15, is amended to read:
1.10    Subd. 15. Electronic transactions. (a) The commissioner may receive an
1.11application for, sell, and issue any license, stamp, permit, pass, sticker, gift card, safety
1.12training certification, registration, or transfer under the jurisdiction of the commissioner
1.13by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
1.14and telephone transactions may be made outside of the state. The commissioner may:
1.15    (1) provide for the electronic transfer of funds generated by electronic transactions,
1.16including by telephone;
1.17    (2) assign an identification number to an applicant who purchases a hunting or
1.18fishing license or recreational vehicle registration by electronic means, to serve as
1.19temporary authorization to engage in the activity requiring a license or registration until
1.20the license or registration is received or expires;
1.21    (3) charge and permit agents to charge a fee of individuals who make electronic
1.22transactions and transactions by telephone or Internet, including issuing fees and an
1.23additional transaction fee not to exceed $3.50;
2.1    (4) charge and permit agents to charge a convenience fee not to exceed three percent
2.2of the cost of the license to individuals who use electronic bank cards for payment. An
2.3electronic licensing system agent charging a fee of individuals making an electronic
2.4bank card transaction in person must post a sign informing individuals of the fee. The
2.5sign must be near the point of payment, clearly visible, include the amount of the fee, and
2.6state: "License agents are allowed by state law to charge a fee not to exceed three percent
2.7of the cost of state licenses to persons who use electronic bank cards for payment. The
2.8fee is not required by state law.";
2.9    (5) establish, by written order, an electronic licensing system commission to be
2.10paid by revenues generated from all sales made through the electronic licensing system.
2.11The commissioner shall establish the commission in a manner that neither significantly
2.12overrecovers nor underrecovers costs involved in providing the electronic licensing
2.13system; and
2.14    (6) adopt rules to administer the provisions of this subdivision.
2.15    (b) The fees established under paragraph (a), clauses (3) and (4), and the commission
2.16established under paragraph (a), clause (5), are not subject to the rulemaking procedures
2.17of chapter 14 and section 14.386 does not apply.
2.18    (c) Money received from fees and commissions collected under this subdivision,
2.19including interest earned, is annually appropriated from the game and fish fund and the
2.20natural resources fund to the commissioner for the cost of electronic licensing.
2.21(d) Game and fish licenses under chapters 97A, 97B, and 97C shall be available by
2.22electronic transaction, regardless of whether all or any part of the biennial appropriation
2.23law for the department has been enacted. If, by July 1 of an odd-numbered year, legislation
2.24has not been enacted to appropriate money to the commissioner of management and budget
2.25for central accounting, procurement, payroll, and human resources functions, amounts
2.26necessary to operate those functions for the purpose of this paragraph are appropriated
2.27from the general fund to the commissioner of management and budget. Any subsequent
2.28appropriation to the commissioner of management and budget for a biennium in which
2.29this section is applicable supersedes and replaces the funding authorized in this paragraph.
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