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Minnesota Legislature

Office of the Revisor of Statutes

SF 2464

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to game and fish; eliminating magnification restriction for scopes on
muzzleloaders used by visually impaired hunters; amending Minnesota Statutes
2008, section 97B.031, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, 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 has a visual impairment. deleted text beginThe scope may not have
magnification capabilities.
deleted text end

(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 a licensed physician, ophthalmologist, or 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, 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.