HF 150

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am

A bill for an act
relating to natural resources; allowing all-terrain vehicle use by the disabled
along certain trails; modifying hunting provisions for disabled hunters; providing
criminal penalties; amending Minnesota Statutes 2008, sections 85.018, by
adding a subdivision; 97A.137, subdivision 3; 97B.045, subdivision 2; 97B.055,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 85.018, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin All-terrain vehicles; bicycle trails; disabled. new text end

new text begin (a) The commissioner
of natural resources shall issue a permit, without a fee, to allow a person who has a
permanent physical disability to ride an all-terrain vehicle along trails designated under
paragraph (c). The permit recipient must be:
new text end

new text begin (1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or
new text end

new text begin (2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.
new text end

new text begin (b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician or chiropractor. The commissioner may
request additional information from the physician or chiropractor if needed to verify
the applicant's eligibility for the permit. In addition to providing medical evidence of a
permanent disability, the applicant must possess a valid disability parking certificate
authorized by section 169.345 or license plates issued under section 168.021.
new text end

new text begin (c) The commissioner shall review the state's paved bicycle trails to identify trails
that would accommodate use by the permanently disabled of all-terrain vehicles alongside
the trail. The commissioner shall designate the identified trails for all-terrain vehicle
use by the disabled and publish the designations by written order in the State Register.
The designations are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply.
new text end

Sec. 2.

Minnesota Statutes 2008, section 97A.137, subdivision 3, is amended to read:

Subd. 3.

Use of motorized vehicles by disabled hunters.

The commissioner may
issue a special permit, without a fee, authorizing a hunter with a permanent physical
disability to use a snowmobile or all-terrain vehicle in wildlife management areas. To
qualify for a permit under this subdivision, the disabled person must possess:

(1) the required hunting licenses; and

(2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision
3 new text begin or 3a new text end .

Sec. 3.

Minnesota Statutes 2008, section 97B.045, subdivision 2, is amended to read:

Subd. 2.

Exception for disabled persons.

The restrictions in subdivision 1 do
not apply to a disabled person if:

(1) the person possesses a permit under section 97B.055, subdivision 3 new text begin or 3a new text end ; new text begin and new text end

deleted text begin (2) the person is participating in a hunt sponsored by a nonprofit organization under a
permit from the commissioner or is hunting on property owned or leased by the person; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the firearm is not loaded in the chamber until the vehicle is stationary, or is a
hinge action firearm with the action open until the vehicle is stationary.

Sec. 4.

Minnesota Statutes 2008, section 97B.055, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Lifetime small game all-terrain vehicle hunting permit for disabled.
new text end

new text begin (a) The commissioner may issue a lifetime permit, without a fee, to discharge a firearm or
bow and arrow from a stationary all-terrain vehicle to a person who obtains the required
small game license and who has a permanent physical disability that is more substantial
than discomfort from walking. The permit recipient must be:
new text end

new text begin (1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
other mechanical support or prosthetic device; or
new text end

new text begin (2) unable to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist breathing.
new text end

new text begin (b) The permanent physical disability must be established by medical evidence
verified in writing by a licensed physician or chiropractor. The commissioner may
request additional information from the physician or chiropractor if needed to verify the
applicant's eligibility for the permit. Notwithstanding section 97A.418, the commissioner
may, in consultation with appropriate advocacy groups, establish reasonable minimum
standards for permits to be issued under this section. In addition to providing medical
evidence of a permanent disability, the applicant must possess a valid disability parking
certificate authorized by section 169.345 or license plates issued under section 168.021.
new text end

new text begin (c) A permit issued under this subdivision is valid for the life of the person to
whom issued unless denied, modified, suspended, or revoked by the commissioner under
paragraph (d).
new text end

new text begin (d) The commissioner may deny, modify, suspend, or revoke a permit issued under
this section for cause, including a violation of the game and fish laws.
new text end

new text begin (e) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician or chiropractor who fraudulently certifies to the commissioner that a person is
permanently disabled as described in this subdivision is guilty of a misdemeanor.
new text end