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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 265-S.F.No. 2346 
                  An act relating to natural resources; authorizing the 
                  use of motor vehicles in wildlife management areas by 
                  disabled hunters; modifying certain permits for 
                  hunters with disabilities; providing criminal 
                  penalties; amending Minnesota Statutes 1998, sections 
                  97A.137, by adding a subdivision; and 97B.055, 
                  subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 97A.137, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [USE OF MOTORIZED VEHICLES BY DISABLED HUNTERS.] 
        The commissioner may issue a special permit, without a fee, 
        authorizing a hunter with a permanent physical disability to use 
        a snowmobile or all-terrain vehicle in wildlife management 
        areas.  To qualify for a permit under this subdivision, the 
        disabled person must possess: 
           (1) the required hunting licenses; and 
           (2) a permit to shoot from a stationary vehicle under 
        section 97B.055, subdivision 3.  
           Sec. 2.  Minnesota Statutes 1998, 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 licensed hunter person who obtains the required 
        licenses and who has a temporary or 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.  
           (b) The permanent physical disability must be established 
        by medical evidence verified in writing by a licensed 
        physician or chiropractor.  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.  In addition to providing the medical evidence of a 
        permanent disability, the applicant must possess a valid 
        disability parking certificate authorized by section 169.345 or 
        license plates issued under section 168.021.  A person with a 
        temporary disability may be issued an annual permit and a person 
        with a permanent disability may be issued a permanent permit.  
           (c) 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. 
           (d) A permit issued under this subdivision is valid for 
        five years.  
           (e) 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.  
           (f) 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 or 
        chiropractor who fraudulently certifies to the commissioner that 
        a person is permanently disabled as described in this section is 
        guilty of a misdemeanor. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective January 1, 2001.  Any 
        temporary or permanent permits issued prior to January 1, 2001, 
        under Minnesota Statutes 1998, section 97B.055, subdivision 3, 
        are automatically rescinded effective January 1, 2001. 
           Presented to the governor March 16, 2000 
           Signed by the governor March 20, 2000, 4:10 p.m.