Bill Text: MN SF2663 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Disability-related angling and hunting licenses and special permit provisions modifications; Minnesota driver's license and identification card designations authority

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-03-27 - Comm report: To pass and re-referred to Finance [SF2663 Detail]

Download: Minnesota-2013-SF2663-Engrossed.html

1.1A bill for an act
1.2relating to game and fish; modifying disability-related angling and hunting
1.3licenses and special permit provisions; providing for designations on a driver's
1.4license and Minnesota identification card;amending Minnesota Statutes
1.52012, sections 97A.441, subdivisions 1, 5; 97B.031, subdivision 5; 97B.055,
1.6subdivision 3; 97B.106, subdivision 1; 97B.111, subdivision 1; 171.07,
1.7subdivision 15, by adding a subdivision; Minnesota Statutes 2013 Supplement,
1.8section 97A.441, subdivisions 6, 6a.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 97A.441, subdivision 1, is amended to read:
1.11    Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized
1.12to issue licenses must issue, without a fee, licenses to take fish by angling or spearing shall
1.13be issued without a fee to a resident who is:
1.14(1) blind;
1.15(2) a recipient of supplemental security income for the aged, blind, and disabled;
1.16(3) a recipient of Social Security aid to the disabled under United States Code, title
1.1742, section 416, paragraph (i)(l) or section 423(d);
1.18(4) a recipient of workers' compensation based on a finding of total and permanent
1.19disability; or
1.20(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64.
1.21(b) A driver's license or Minnesota identification card bearing the applicable
1.22designation under section 171.07, subdivision 17, serves as satisfactory evidence to obtain
1.23a license under this subdivision at all agent locations.

1.24    Sec. 2. Minnesota Statutes 2012, section 97A.441, subdivision 5, is amended to read:
2.1    Subd. 5. Angling; disabled veterans. (a) A person authorized to issue licenses
2.2must issue, without a fee, a permanent license to take fish by angling to a resident who
2.3is a veteran, as defined in section 197.447, and that has a 100 percent service connected
2.4disability as defined by the United States Veterans Administration upon being furnished
2.5satisfactory evidence.
2.6(b) A driver's license or Minnesota identification card bearing the designation under
2.7section 171.07, subdivision 15, paragraph (a), clause (2), serves as satisfactory evidence to
2.8obtain a license under this subdivision at all agent locations.

2.9    Sec. 3. Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6, is
2.10amended to read:
2.11    Subd. 6. Taking deer; disabled veterans. (a) A person authorized to issue
2.12licenses must issue, without a fee, a license to take deer with firearms or by archery to a
2.13resident that is a veteran, as defined in section 197.447, and that has a 100 percent service
2.14connected disability as defined by the United States Veterans Administration upon being
2.15furnished satisfactory evidence.
2.16(b) The commissioner, upon request, must issue a permanent card documenting
2.17satisfactory evidence of 100 percent permanently disabled status.
2.18(c) The card serves following serve as satisfactory evidence to obtain a license
2.19under this subdivision at all agent locations:
2.20(1) a card issued under paragraph (b); or
2.21(2) a driver's license or Minnesota identification card bearing the designation under
2.22section 171.07, subdivision 15, paragraph (a), clause (2).

2.23    Sec. 4. Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6a, is
2.24amended to read:
2.25    Subd. 6a. Taking small game; disabled veterans. (a) A person authorized to
2.26issue licenses must issue, without a fee, a license to take small game to a resident who is
2.27a veteran, as defined in section 197.447, and who has a 100 percent service connected
2.28disability as defined by the United States Veterans Administration upon being furnished
2.29satisfactory evidence.
2.30(b) The commissioner, upon request, must issue a permanent card documenting
2.31satisfactory evidence of 100 percent permanently disabled status.
2.32(c) The card serves following serve as satisfactory evidence to obtain a license
2.33under this subdivision at all agent locations:
2.34(1) a card issued under paragraph (b); or
3.1(2) a driver's license or Minnesota identification card bearing the designation under
3.2section 171.07, subdivision 15, paragraph (a), clause (2).

3.3    Sec. 5. Minnesota Statutes 2012, section 97B.031, subdivision 5, is amended to read:
3.4    Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
3.5to the contrary, the commissioner may issue a special permit, without a fee, to use a
3.6muzzleloader with a scope to take deer during the muzzleloader season to a person who
3.7obtains the required licenses and who has provides satisfactory evidence of a visual
3.8impairment. The scope may not have magnification capabilities.
3.9(b) The visual impairment must be to the extent that the applicant is unable to
3.10identify targets and the rifle sights at the same time without a scope.
3.11(c) The following serve as satisfactory evidence to obtain a special permit under
3.12this subdivision:
3.13(1) a driver's license or Minnesota identification card bearing the applicable
3.14designation under section 171.07, subdivision 17; or
3.15 The visual impairment and specific conditions must be established by (2) medical
3.16evidence that establishes the visual impairment and specific conditions, indicates whether
3.17the visual impairment is permanent, and is verified in writing by (1) (i) a licensed
3.18physician or a certified nurse practitioner or certified physician assistant acting under the
3.19direction of a licensed physician; (2) (ii) a licensed ophthalmologist; or (3) (iii) a licensed
3.20optometrist. The commissioner may request additional information from the physician if
3.21needed to verify the applicant's eligibility for the permit.
3.22(c) (d) A permit issued under this subdivision may be valid for up to five years, based
3.23on the permanence of the visual impairment as determined by the licensed physician,
3.24ophthalmologist, or optometrist.
3.25(d) (e) The permit must be in the immediate possession of the permittee when
3.26hunting under the special permit.
3.27(e) (f) The commissioner may deny, modify, suspend, or revoke a permit issued
3.28under this subdivision for cause, including a violation of the game and fish laws or rules.
3.29(f) (g) A person who knowingly makes a false application or assists another in
3.30making a false application for a permit under this subdivision is guilty of a misdemeanor.
3.31A physician, certified nurse practitioner, certified physician assistant, ophthalmologist,
3.32or optometrist who fraudulently certifies to the commissioner that a person is visually
3.33impaired as described in this subdivision is guilty of a misdemeanor.

3.34    Sec. 6. Minnesota Statutes 2012, section 97B.055, subdivision 3, is amended to read:
4.1    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may
4.2issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
4.3stationary motor vehicle to a person who obtains the required licenses and who has
4.4 provides satisfactory evidence of a permanent physical disability that is more substantial
4.5than discomfort from walking. The permit recipient must be:
4.6(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
4.7other mechanical support or prosthetic device; or
4.8(2) unable to walk any distance because of a permanent lung, heart, or other internal
4.9disease that requires the person to use supplemental oxygen to assist breathing.
4.10(b) The following serve as satisfactory evidence to obtain a special permit under
4.11this subdivision:
4.12(1) a driver's license or Minnesota identification card bearing the applicable
4.13designation under section 171.07, subdivision 17; or
4.14(b) The permanent physical disability must be established by (2) medical evidence
4.15 that establishes the permanent physical disability, and is verified in writing by a licensed
4.16physician, chiropractor, or certified nurse practitioner or certified physician assistant acting
4.17under the direction of a licensed physician. The commissioner may request additional
4.18information from the physician or chiropractor if needed to verify the applicant's eligibility
4.19for the permit. Notwithstanding section 97A.418, the commissioner may, in consultation
4.20with appropriate advocacy groups, establish reasonable minimum standards for permits
4.21to be issued under this section.
4.22(c) In addition to providing the medical evidence of a permanent disability under
4.23paragraph (b), the applicant must possess a valid disability parking certificate authorized
4.24by section 169.345 or license plates issued under section 168.021.
4.25(c) (d) A person issued a special permit under this subdivision and hunting deer may
4.26take a deer of either sex, except in those antlerless permit areas and seasons where no
4.27antlerless permits are offered. This subdivision does not authorize another member of a
4.28party to take an antlerless deer under section 97B.301, subdivision 3.
4.29(d) (e) A permit issued under this subdivision is valid for five years.
4.30(e) (f) The commissioner may deny, modify, suspend, or revoke a permit issued
4.31under this section for cause, including a violation of the game and fish laws or rules.
4.32(f) (g) A person who knowingly makes a false application or assists another in
4.33making a false application for a permit under this section is guilty of a misdemeanor.
4.34A physician, certified nurse practitioner, certified physician assistant, or chiropractor
4.35who fraudulently certifies to the commissioner that a person is permanently disabled as
4.36described in this section is guilty of a misdemeanor.
5.1(g) (h) Notwithstanding paragraph (d) (e), the commissioner may issue a permit
5.2valid for the entire life of the applicant if the commissioner determines that there is no
5.3chance that an applicant will become ineligible for a permit under this section and the
5.4applicant requests a lifetime permit.

5.5    Sec. 7. Minnesota Statutes 2012, section 97B.106, subdivision 1, is amended to read:
5.6    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may
5.7issue a special permit, without a fee, to take big game, small game, or rough fish with a
5.8crossbow to a person that is who provides satisfactory evidence of being unable to hunt or
5.9take rough fish by archery because of a permanent or temporary physical disability. A
5.10crossbow permit issued under this section also allows the permittee to use a bow with a
5.11mechanical device that draws, releases, or holds the bow at full draw as provided in
5.12section 97B.035, subdivision 1, paragraph (a).
5.13    (b) To qualify for a crossbow permit under this section, a temporary disability must
5.14render the person unable to hunt or fish by archery for a minimum of two years after
5.15application for the permit is made.
5.16(c) The following serve as satisfactory evidence to obtain a special permit under
5.17this subdivision:
5.18(1) a driver's license or Minnesota identification card bearing the applicable
5.19designation under section 171.07, subdivision 17; or
5.20     The permanent or temporary disability must be established by (2) medical evidence,
5.21and that establishes the inability to hunt or fish by archery for the required period of time
5.22must be, indicates whether the disability is permanent, and is verified in writing by (1) (i)
5.23 a licensed physician or a certified nurse practitioner or certified physician assistant acting
5.24under the direction of a licensed physician; or (2) (ii) a licensed chiropractor.
5.25    (d) A person who has received a special permit under this section because of a
5.26permanent disability is eligible for subsequent special permits without providing medical
5.27evidence and verification of the disability.
5.28    (c) (e) The person must obtain the appropriate license.

5.29    Sec. 8. Minnesota Statutes 2012, section 97B.111, subdivision 1, is amended to read:
5.30    Subdivision 1. Establishment; requirements. (a) The commissioner may establish
5.31criteria, special seasons, and limits for persons who have a physical disability to take big
5.32game and small game with firearms and by archery in designated areas. A person hunting
5.33under this section who has a physical disability must:
5.34(1) have:
6.1(i) a verified statement of the disability by a licensed physician; or
6.2(ii) a driver's license or Minnesota identification card bearing the applicable
6.3designation under section 171.07, subdivision 17; and must
6.4(2) be participating in a program for physically disabled hunters sponsored by a
6.5nonprofit organization that is permitted under subdivision 2.
6.6(b) Notwithstanding section 97B.055, subdivision 3, the commissioner may
6.7authorize hunt participants to shoot from a stationary motor vehicle. A license is not
6.8required for a person to assist a physically disabled person hunting during a special season
6.9under this section.

6.10    Sec. 9. Minnesota Statutes 2012, section 171.07, subdivision 15, is amended to read:
6.11    Subd. 15. Veteran designation. (a) At the request of the an eligible applicant
6.12and on payment of the required fee, the department shall issue, renew, or reissue to the
6.13applicant a driver's license or Minnesota identification card bearing the a designation of:
6.14(1) "Veteran" to an applicant who is a veteran, as defined in section 197.447.; or
6.15(2) "Veteran 100% T&P."
6.16(b) At the time of the initial application for the designation provided under this
6.17subdivision, the applicant must:
6.18(1) be a veteran, as defined in section 197.447;
6.19(2) have a certified copy of the veteran's discharge papers; and
6.20(3) if the applicant is seeking the disability designation under paragraph (a), clause
6.21(2), provide satisfactory evidence of a 100 percent total and permanent service-connected
6.22disability as determined by the United States Department of Veterans Affairs.
6.23(c) The commissioner of public safety is required to issue drivers' licenses and
6.24Minnesota identification cards with the veteran designation only after entering a new
6.25contract or in coordination with producing a new card design with modifications made
6.26as required by law.
6.27EFFECTIVE DATE.This section is effective the day following final enactment
6.28and applies to applications submitted on or after January 1, 2016.

6.29    Sec. 10. Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision
6.30to read:
6.31    Subd. 17. Disability designation. At the request of an applicant with permanent
6.32eligibility for a disability designation and on payment of the required fee, the department
6.33shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification
6.34card bearing a physical disability designation based on the following:
7.1(1) type 1, to an applicant who permanently meets the requirements for a free license
7.2to take fish under section 97A.441, subdivision 1, paragraph (a);
7.3(2) type 2, to an applicant who meets the requirements for medical evidence under
7.4section 97B.031, subdivision 5, paragraph (c), clause (2), and has a permanent visual
7.5impairment;
7.6(3) type 3, to an applicant who meets the requirements for medical evidence under
7.7section 97B.055, subdivision 3, paragraph (b), clause (2);
7.8(4) type 4, to an applicant who meets the requirements for medical evidence under
7.9section 97B.106, subdivision 1, paragraph (c), clause (2), and has a permanent disability; or
7.10(5) type 5, to an applicant who permanently meets the requirements for disability
7.11under section 97B.111, subdivision 1, paragraph (a), clause (1), item (i).
7.12EFFECTIVE DATE.This section is effective the day following final enactment and
7.13applies to applications submitted on or after January 1, 2016, or the date the new driver and
7.14vehicle services information technology system is implemented, whichever comes later.
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