SF 3035

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; permitting the use of 
  1.3             scopes by visually impaired hunters for taking deer 
  1.4             during the muzzleloader season; providing criminal 
  1.5             penalties; amending Minnesota Statutes 2002, section 
  1.6             97B.031, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 97B.031, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5.  [SCOPES; VISUALLY IMPAIRED HUNTERS.] (a) 
  1.11  Notwithstanding any other law to the contrary, the commissioner 
  1.12  may issue a special permit, without a fee, to use a muzzleloader 
  1.13  with a scope to take deer during the muzzleloader season to a 
  1.14  person who obtains the required licenses and who has a visual 
  1.15  impairment.  The scope may not have magnification capabilities. 
  1.16     (b) The visual impairment must be established by medical 
  1.17  evidence verified in writing by a licensed physician.  The 
  1.18  commissioner may request additional information from the 
  1.19  physician if needed to verify the applicant's eligibility for 
  1.20  the permit.  Notwithstanding section 97A.418, the commissioner 
  1.21  may, in consultation with appropriate advocacy groups, establish 
  1.22  reasonable minimum standards for permits to be issued under this 
  1.23  subdivision. 
  1.24     (c) A permit issued under this subdivision is valid for 
  1.25  five years.  
  1.26     (d) The commissioner may deny, modify, suspend, or revoke a 
  2.1   permit issued under this subdivision for cause, including a 
  2.2   violation of the game and fish laws or rules.  
  2.3      (e) A person who knowingly makes a false application or 
  2.4   assists another in making a false application for a permit under 
  2.5   this subdivision is guilty of a misdemeanor.  A physician who 
  2.6   fraudulently certifies to the commissioner that a person is 
  2.7   visually impaired as described in this subdivision is guilty of 
  2.8   a misdemeanor.