HF 2961

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 04:21pm

A bill for an act
relating to game and fish; modifying disability-related angling and hunting
licenses and special permit provisions; providing for designations on a driver's
license and Minnesota identification card; amending Minnesota Statutes
2012, sections 97A.441, subdivisions 1, 5; 97B.031, subdivision 5; 97B.055,
subdivision 3; 97B.106, subdivision 1; 97B.111, subdivision 1; 171.07,
subdivision 15, by adding subdivisions; Minnesota Statutes 2013 Supplement,
section 97A.441, subdivisions 6, 6a.

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

Section 1.

Minnesota Statutes 2012, section 97A.441, subdivision 1, is amended to read:

Subdivision 1.

Angling and spearing; disabled residents.

new text begin (a) A person authorized
to issue licenses must issue, without a fee, new text end licenses to take fish by angling or spearing deleted text begin shall
be issued without a fee deleted text end to a resident who is:

(1) blind;

(2) a recipient of supplemental security income for the aged, blind, and disabled;

(3) a recipient of Social Security aid to the disabled under United States Code, title
42, section 416, paragraph (i)(l) or section 423(d);

(4) a recipient of workers' compensation based on a finding of total and permanent
disability; or

(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64.

new text begin (b) A driver's license or Minnesota identification card bearing the applicable
designation under section 171.07, subdivision 17, serves as satisfactory evidence to obtain
a license under this subdivision at all agent locations.
new text end

Sec. 2.

Minnesota Statutes 2012, section 97A.441, subdivision 5, is amended to read:

Subd. 5.

Angling; disabled veterans.

new text begin (a) new text end A person authorized to issue licenses
must issue, without a fee, a permanent license to take fish by angling to a resident who
is a veteran, as defined in section 197.447, and that has a 100 percent service connected
disability as defined by the United States Veterans Administration upon being furnished
satisfactory evidence.

new text begin (b) A driver's license or Minnesota identification card bearing the designation under
section 171.07, subdivision 15, paragraph (a), clause (2), serves as satisfactory evidence to
obtain a license under this subdivision at all agent locations.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6, is
amended to read:

Subd. 6.

Taking deer; disabled veterans.

new text begin (a) new text end A person authorized to issue
licenses must issue, without a fee, a license to take deer with firearms or by archery to a
resident that is a veteran, as defined in section 197.447, and that has a 100 percent service
connected disability as defined by the United States Veterans Administration upon being
furnished satisfactory evidence.

new text begin (b) new text end The commissioner, upon request, must issue a permanent card documenting
satisfactory evidence of 100 percent permanently disabled status.

new text begin (c) new text end The deleted text begin card serves deleted text end new text begin following serve new text end as satisfactory evidence to obtain a license
under this subdivision at all agent locations new text begin :
new text end

new text begin (1) a card issued under paragraph (b); or
new text end

new text begin (2) a driver's license or Minnesota identification card bearing the designation under
section 171.07, subdivision 15, paragraph (a), clause (2) new text end .

Sec. 4.

Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6a, is
amended to read:

Subd. 6a.

Taking small game; disabled veterans.

new text begin (a) new text end A person authorized to
issue licenses must issue, without a fee, a license to take small game to a resident who is
a veteran, as defined in section 197.447, and who has a 100 percent service connected
disability as defined by the United States Veterans Administration upon being furnished
satisfactory evidence.

new text begin (b) new text end The commissioner, upon request, must issue a permanent card documenting
satisfactory evidence of 100 percent permanently disabled status.

new text begin (c) new text end The deleted text begin card serves deleted text end new text begin following serve new text end as satisfactory evidence to obtain a license
under this subdivision at all agent locations new text begin :
new text end

new text begin (1) a card issued under paragraph (b); or
new text end

new text begin (2) a driver's license or Minnesota identification card bearing the designation under
section 171.07, subdivision 15, paragraph (a), clause (2) new text end .

Sec. 5.

Minnesota Statutes 2012, section 97B.031, subdivision 5, is amended to read:

Subd. 5.

Scopes; visually impaired hunters.

(a) Notwithstanding any other law
to the contrary, the commissioner may issue a special permit, without a fee, to use a
muzzleloader with a scope to take deer during the muzzleloader season to a person who
obtains the required licenses and who deleted text begin has deleted text end new text begin provides satisfactory evidence of new text end a visual
impairment. The scope may not have magnification capabilities.

(b) The visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope.

new text begin (c) The following serve as satisfactory evidence to obtain a special permit under
this subdivision:
new text end

new text begin (1) a driver's license or Minnesota identification card bearing the applicable
designation under section 171.07, subdivision 17; or
new text end

deleted text begin The visual impairment and specific conditions must be established by deleted text end new text begin (2) new text end medical
evidence new text begin that establishes the visual impairment and specific conditions, indicates whether
the visual impairment is permanent, and is new text end verified in writing by deleted text begin (1) deleted text end new text begin (i) new text end a licensed
physician or a certified nurse practitioner or certified physician assistant acting under the
direction of a licensed physician; deleted text begin (2) deleted text end new text begin (ii) new text end a licensed ophthalmologist; or deleted text begin (3) deleted text end new text begin (iii) new text end a licensed
optometrist. The commissioner may request additional information from the physician if
needed to verify the applicant's eligibility for the permit.

deleted text begin (c) deleted text end new text begin (d) new text end A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.

deleted text begin (d) deleted text end new text begin (e) new text end The permit must be in the immediate possession of the permittee when
hunting under the special permit.

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

deleted text begin (f) deleted text end new text begin (g) new text end 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, certified nurse practitioner, certified physician assistant, ophthalmologist,
or optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

Sec. 6.

Minnesota Statutes 2012, section 97B.055, subdivision 3, is amended to read:

Subd. 3.

Hunting from vehicle by disabled hunters.

(a) The commissioner may
issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
stationary motor vehicle to a person who obtains the required licenses and who deleted text begin has
deleted text end new text begin provides satisfactory evidence of new text end a permanent physical disability that is more substantial
than discomfort from walking. The permit recipient must be:

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

(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 begin (b) The following serve as satisfactory evidence to obtain a special permit under
this subdivision:
new text end

new text begin (1) a driver's license or Minnesota identification card bearing the applicable
designation under section 171.07, subdivision 17; or
new text end

deleted text begin (b) The permanent physical disability must be established by deleted text end new text begin (2) new text end medical evidence
new text begin that establishes the permanent physical disability, and is new text end verified in writing by a licensed
physician, chiropractor, or certified nurse practitioner or certified physician assistant acting
under the direction of a licensed physician. 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.

new text begin (c) new text end In addition to providing deleted text begin the medical deleted text end evidence of a permanent disability new text begin under
paragraph (b) new text end , the applicant must possess a valid disability parking certificate authorized
by section 169.345 or license plates issued under section 168.021.

deleted text begin (c) deleted text end new text begin (d) new text end A person issued a special permit under this subdivision and hunting deer may
take a deer of either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301, subdivision 3.

deleted text begin (d) deleted text end new text begin (e) new text end A permit issued under this subdivision is valid for five years.

deleted text begin (e) deleted text end new text begin (f) new text end 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 or rules.

deleted text begin (f) deleted text end new text begin (g) new text end A person who knowingly makes a false application or assists another in
making a false application for a permit under this section is guilty of a misdemeanor.
A physician, certified nurse practitioner, certified physician assistant, or chiropractor
who fraudulently certifies to the commissioner that a person is permanently disabled as
described in this section is guilty of a misdemeanor.

deleted text begin (g) deleted text end new text begin (h) new text end Notwithstanding paragraph deleted text begin (d) deleted text end new text begin (e) new text end , the commissioner may issue a permit
valid for the entire life of the applicant if the commissioner determines that there is no
chance that an applicant will become ineligible for a permit under this section and the
applicant requests a lifetime permit.

Sec. 7.

Minnesota Statutes 2012, section 97B.106, subdivision 1, is amended to read:

Subdivision 1.

Qualifications for crossbow permits.

(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person deleted text begin that is deleted text end new text begin who provides satisfactory evidence of being new text end unable to hunt or
take rough fish by archery because of a permanent or temporary physical disability. A
crossbow permit issued under this section also allows the permittee to use a bow with a
mechanical device that draws, releases, or holds the bow at full draw as provided in
section 97B.035, subdivision 1, paragraph (a).

(b) To qualify for a crossbow permit under this section, a temporary disability must
render the person unable to hunt or fish by archery for a minimum of two years after
application for the permit is made.

new text begin (c) The following serve as satisfactory evidence to obtain a special permit under
this subdivision:
new text end

new text begin (1) a driver's license or Minnesota identification card bearing the applicable
designation under section 171.07, subdivision 17; or
new text end

deleted text begin The permanent or temporary disability must be established by deleted text end new text begin (2) new text end medical evidence deleted text begin ,
and deleted text end new text begin that establishes new text end the inability to hunt or fish by archery for the required period of time
deleted text begin must be deleted text end new text begin , indicates whether the disability is permanent, and is new text end verified in writing by deleted text begin (1) deleted text end new text begin (i)
new text end a licensed physician or a certified nurse practitioner or certified physician assistant acting
under the direction of a licensed physician; or deleted text begin (2) deleted text end new text begin (ii) new text end a licensed chiropractor.

new text begin (d) new text end A person who has received a special permit under this section because of a
permanent disability is eligible for subsequent special permits without providing medical
evidence and verification of the disability.

deleted text begin (c) deleted text end new text begin (e) new text end The person must obtain the appropriate license.

Sec. 8.

Minnesota Statutes 2012, section 97B.111, subdivision 1, is amended to read:

Subdivision 1.

Establishment; requirements.

new text begin (a) new text end The commissioner may establish
criteria, special seasons, and limits for persons who have a physical disability to take big
game and small game with firearms and by archery in designated areas. A person hunting
under this section who has a physical disability must new text begin :
new text end

new text begin (1) new text end have new text begin :
new text end

new text begin (i) new text end a verified statement of the disability by a licensed physician new text begin ; or
new text end

new text begin (ii) a driver's license or Minnesota identification card bearing the applicable
designation under section 171.07, subdivision 17; new text end and deleted text begin must
deleted text end

new text begin (2) new text end be participating in a program for physically disabled hunters sponsored by a
nonprofit organization that is permitted under subdivision 2.

new text begin (b) new text end Notwithstanding section 97B.055, subdivision 3, the commissioner may
authorize hunt participants to shoot from a stationary motor vehicle. A license is not
required for a person to assist a physically disabled person hunting during a special season
under this section.

Sec. 9.

Minnesota Statutes 2012, section 171.07, subdivision 15, is amended to read:

Subd. 15.

Veteran designation.

(a) At the request of deleted text begin the deleted text end new text begin an eligible new text end applicant
and on payment of the required fee, the department shall issue, renew, or reissue new text begin to the
applicant new text end a driver's license or Minnesota identification card bearing deleted text begin the deleted text end new text begin a new text end designation new text begin of:
new text end

new text begin (1) new text end "Veteran" deleted text begin to an applicant who is a veteran, as defined in section 197.447. deleted text end new text begin ; or
new text end

new text begin (2) "Veteran 100% T&P."
new text end

(b) At the time of the initial application for the designation provided under this
subdivision, the applicant must new text begin :
new text end

new text begin (1) be a veteran, as defined in section 197.447;
new text end

new text begin (2) new text end have a certified copy of the veteran's discharge papers new text begin ; and
new text end

new text begin (3) if the applicant is seeking the disability designation under paragraph (a), clause
(2), provide satisfactory evidence of a 100 percent total and permanent service-connected
disability as determined by the United States Department of Veterans Affairs new text end .

(c) The commissioner of public safety is required to issue drivers' licenses and
Minnesota identification cards with the veteran designation only after entering a new
contract or in coordination with producing a new card design with modifications made
as required by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to applications submitted on or after January 1, 2016.
new text end

Sec. 10.

Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Disability designations. new text end

new text begin (a) At the request of an applicant with
permanent eligibility for a disability designation and on payment of the required fee, the
department shall issue, renew, or reissue to the applicant a driver's license or Minnesota
identification card bearing a physical disability designation that consists of "Disability"
and an indication of one or more of the following types:
new text end

new text begin (1) type 1, to an applicant who permanently meets the requirements for a free license
to take fish under section 97A.441, subdivision 1, paragraph (a);
new text end

new text begin (2) type 2, to an applicant who meets the requirements for medical evidence under
section 97B.031, subdivision 5, paragraph (c), clause (2), and has a permanent visual
impairment;
new text end

new text begin (3) type 3, to an applicant who meets the requirements for medical evidence under
section 97B.055, subdivision 3, paragraph (b), clause (2);
new text end

new text begin (4) type 4, to an applicant who meets the requirements for medical evidence under
section 97B.106, subdivision 1, paragraph (c), clause (2), and has a permanent disability; or
new text end

new text begin (5) type 5, to an applicant who permanently meets the requirements for disability
under section 97B.111, subdivision 1, paragraph (a), clause (1), item (i).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications submitted on or after January 1, 2016, or the date the new driver and
vehicle services information technology system is implemented, whichever comes later.
new text end

Sec. 11.

Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin Multiple designations. new text end

new text begin An eligible applicant may obtain a driver's license
or Minnesota identification card bearing one or more of the applicable designations under
subdivisions 15 and 17.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications submitted on or after January 1, 2016, or the date the new driver and
vehicle services information technology system is implemented, whichever comes later.
new text end