Committee Substitute
House Bill 2626 History
OTHER VERSIONS -
Introduced Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 2626
(By Delegate Swartzmiller)
(Originating in the House Committee on Agriculture
and Natural Resource)
[March 16, 2005]
A BILL to amend and reenact §20-2-28 of the Code of West Virginia,
1931, as amended, relating to providing that active military
personnel stationed in this state need not obtain a hunting,
fishing or trapping permit.
Be it enacted by the Legislature of West Virginia:
That §20-2-28 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-28. When licenses or permits not required.
Persons in the following categories shall may not be required
to obtain licenses or permits as indicated:
(a) Bona fide resident landowners or their resident children,
or resident parents, or bona fide resident tenants of such the land
may hunt, trap or fish on their own land during open season in accordance with the laws and regulations applying to such hunting,
trapping and fishing without obtaining a license to do so unless
such the lands have been designated as a wildlife refuge or
preserve.
(b) Any bona fide resident of this state who is totally blind
may fish in this state without obtaining a fishing license to do
so. A written statement or certificate from a duly licensed
physician of this state showing the said resident to be totally
blind shall serve in lieu of a fishing license and shall be carried
on the person of said the resident at all times while he or she is
fishing in this state.
(c) All residents of West Virginia on active duty in the armed
forces of the United States of America, while on leave or furlough,
shall have the right and privilege to hunt, trap or fish in season
in West Virginia without obtaining a license to do so. Leave or
furlough papers shall serve in lieu of any such required license
and shall be carried on the person at all times while trapping,
hunting or fishing.
(d) In accordance with the provisions of section twenty-seven
of this article, any resident sixty-five years of age or older is
not required to have a license to hunt, trap or fish during the
legal seasons in West Virginia, but in lieu of such a license any
such the person shall at all times while hunting, trapping or
fishing carry on his or her person a valid West Virginia driver's license or nondriver identification card issued by the Division of
Motor Vehicles.
(e) Residents of the state of Maryland who carry hunting or
fishing licenses valid in that state may hunt or fish from the West
Virginia banks of the Potomac River without obtaining licenses to
do so, but such the hunting or fishing shall be confined to the
fish and waterfowl of the river proper and not on its tributaries:
Provided, That the state of Maryland shall first enter into a
reciprocal agreement with the Director extending a like privilege
of hunting and fishing on the Potomac River from the Maryland banks
of said the river to licensed residents of West Virginia without
requiring said West Virginia residents to obtain Maryland hunting
and fishing licenses.
(f) Residents of the state of Ohio who carry hunting or
fishing licenses valid in that state may hunt or fish on the Ohio
River or from the West Virginia banks of said the Ohio river
without obtaining licenses to do so, but such the hunting or
fishing shall be confined to fish and waterfowl of the river proper
and to points on West Virginia tributaries and embayments
identified by the Director: Provided, That the state of Ohio shall
first enter into a reciprocal agreement with the Director extending
a like privilege of hunting and fishing on the Ohio river from the
Ohio banks of said the river to licensed residents of West Virginia
without requiring said West Virginia residents to obtain Ohio hunting and fishing licenses.
(g) Any resident of West Virginia who was honorably discharged
from the armed forces of the United States of America and who
receives a veteran's pension based on total permanent
service-connected disability as certified to by the veterans
administration shall be permitted to hunt, trap or fish in this
state without obtaining a license therefor. The Director shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
setting forth the procedure for the certification of the veteran,
manner of applying for and receiving the certification and
requirements as to identification while said the veteran is
hunting, trapping or fishing.
(h) Any disabled veteran who is a resident of West Virginia
and who, as certified to by the Commissioner of motor vehicles, is
eligible to be exempt, pursuant to the provisions of section
eight, article ten, chapter seventeen-a of this code,
from the
payment of any fee on account of registration of any motor vehicle
owned by such the disabled veteran as provided for in section
eight, article ten, chapter seventeen-a of this code shall be
permitted to hunt, trap or fish in this state without obtaining a
license therefor. The Director shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code setting forth the procedure for the certification of the disabled veteran, manner of applying for
and receiving the certification and requirements as to
identification while said the disabled veteran is hunting, trapping
or fishing.
(i) Any active member of the armed forces of the United
States of America stationed in this state shall be permitted to
hunt, trap or fish in this state without first obtaining a license.
The Director shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code setting forth the procedure to verify
the person is an active member of the armed services of the United
States stationed in this state as well as the manner of applying
for and receiving identification to display while the active member
is hunting, trapping or fishing.
(i) (j) Any resident or inpatient in any state mental health,
health or benevolent institution or facility may fish in this
state, under proper supervision of the institution involved,
without obtaining a fishing license to do so. A written statement
or certificate signed by the superintendent of the mental health,
health or benevolent institution or facility in which the resident
or inpatient, as the case may be, is institutionalized shall serve
in lieu of a fishing license and shall be carried on the person of
the resident or inpatient at all times while he or she is fishing
in this state.
(j) (k) Any resident who is developmentally disabled, as
certified by a physician and the Director of the Division of
Health, may fish in this state without obtaining a fishing license
to do so. As used in this section, "developmentally disabled"
means a person with a severe, chronic disability which:
(1) Is attributable to a mental or physical impairment or a
combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Results in substantial functional limitations in three or
more of the following areas of major life activity: (A) Self-care;
(B) receptive and expressive language; (C) learning; (D) mobility;
(E) self-direction; (F) capacity for independent living; and (G)
economic self-sufficiency; and
(4) Reflects the person's need for a combination and sequence
of care, treatment or supportive services which are of lifelong or
extended duration and are individually planned and coordinated.