SF 722

as introduced - 89th Legislature (2015 - 2016) Posted on 08/24/2015 03:01pm

A bill for an act
relating to game and fish; allowing persons age 60 or over to use muzzleloader
with scope during muzzleloader season; amending Minnesota Statutes 2014,
section 97B.031, subdivision 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, 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 new text begin is
under age 60, who new text end obtains the required licenses new text begin , new text end and who has 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. The visual
impairment and specific conditions must be established by medical evidence verified in
writing by (1) a licensed physician or a certified nurse practitioner or certified physician
assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
or (3) a licensed optometrist. The commissioner may request additional information from
the physician if needed to verify the applicant's eligibility for the permit.

(c) 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.

(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.

(e) 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.

(f) 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.

(g) A permit is not required under this subdivision to use an electronic range finder
according to section 97B.081, subdivision 3, paragraph (c).

Sec. 2.

Minnesota Statutes 2014, section 97B.031, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Scopes; age 60 or over. new text end

new text begin A person age 60 or over may use a muzzleloader
with a scope to take deer during the muzzleloader season. The scope may have
magnification capabilities.
new text end