SF 2346

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; authorizing the use of 
  1.3             motor vehicles in wildlife management areas by 
  1.4             disabled hunters; modifying certain permits for 
  1.5             hunters with disabilities; providing criminal 
  1.6             penalties; amending Minnesota Statutes 1998, sections 
  1.7             97A.137, by adding a subdivision; and 97B.055, 
  1.8             subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 97A.137, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 3.  [USE OF MOTORIZED VEHICLES BY DISABLED HUNTERS.] 
  1.13  The commissioner may issue a special permit, without a fee, 
  1.14  authorizing a hunter with a permanent physical disability to use 
  1.15  a snowmobile or all-terrain vehicle in wildlife management 
  1.16  areas.  To qualify for a permit under this subdivision, the 
  1.17  disabled person must possess: 
  1.18     (1) the required hunting licenses; and 
  1.19     (2) a permit to shoot from a stationary vehicle under 
  1.20  section 97B.055, subdivision 3.  
  1.21     Sec. 2.  Minnesota Statutes 1998, section 97B.055, 
  1.22  subdivision 3, is amended to read: 
  1.23     Subd. 3.  [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] (a) 
  1.24  The commissioner may issue a special permit, without a fee, to 
  1.25  discharge a firearm or bow and arrow from a stationary motor 
  1.26  vehicle to a licensed hunter person who obtains the required 
  1.27  licenses and who has a temporary or permanent physical 
  2.1   disability. that is more substantial than discomfort from 
  2.2   walking.  The permit recipient must be:  
  2.3      (1) unable to step from a vehicle without aid of a 
  2.4   wheelchair, crutches, braces, or other mechanical support or 
  2.5   prosthetic device; or 
  2.6      (2) unable to walk any distance because of a permanent 
  2.7   lung, heart, or other internal disease that requires the person 
  2.8   to use supplemental oxygen to assist breathing.  
  2.9      (b) The permanent physical disability must be established 
  2.10  by medical evidence verified in writing by a licensed 
  2.11  physician or chiropractor.  The commissioner may request 
  2.12  additional information from the physician or chiropractor if 
  2.13  needed to verify the applicant's eligibility for the permit.  
  2.14  Notwithstanding section 97A.418, the commissioner may, in 
  2.15  consultation with appropriate advocacy groups, establish 
  2.16  reasonable minimum standards for permits to be issued under this 
  2.17  section.  In addition to providing the medical evidence of a 
  2.18  permanent disability, the applicant must possess a valid 
  2.19  disability parking certificate authorized by section 169.345 or 
  2.20  license plates issued under section 168.021.  A person with a 
  2.21  temporary disability may be issued an annual permit and a person 
  2.22  with a permanent disability may be issued a permanent permit.  
  2.23     (c) A person issued a special permit under this subdivision 
  2.24  and hunting deer may take a deer of either sex, except in those 
  2.25  antlerless permit areas and seasons where no antlerless permits 
  2.26  are offered.  This subdivision does not authorize another member 
  2.27  of a party to take an antlerless deer under section 97B.301, 
  2.28  subdivision 3. 
  2.29     (d) A permit issued under this subdivision is valid for 
  2.30  five years.  
  2.31     (e) The commissioner may deny, modify, suspend, or revoke a 
  2.32  permit issued under this section for cause, including a 
  2.33  violation of the game and fish laws or rules.  
  2.34     (f) A person who knowingly makes a false application or 
  2.35  assists another in making a false application for a permit under 
  2.36  this section is guilty of a misdemeanor.  A physician or 
  3.1   chiropractor who fraudulently certifies to the commissioner that 
  3.2   a person is permanently disabled as described in this section is 
  3.3   guilty of a misdemeanor. 
  3.4      Sec. 3.  [EFFECTIVE DATE.] 
  3.5      Sections 1 and 2 are effective January 1, 2001.  Any 
  3.6   temporary or permanent permits issued prior to January 1, 2001, 
  3.7   under Minnesota Statutes 1998, section 97B.055, subdivision 3, 
  3.8   are automatically rescinded effective January 1, 2001.