Introduced Version House Bill 2147 History

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H. B. 2147

(By Delegate Leggett)

[Introduced ; referred to the

Committee on Agriculture and Natural Resources then Finance.]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §20-2-5g and §20-2-46n , all relating to permitting persons with certain physical disabilities to use a crossbow during archery season.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §20-2-5g and §20-2-46n , all to read as follows:


§20-2-5g. Use of a crossbow by certain physically disabled persons.

(a) Notwithstanding any other provision of this chapter to the contrary, a person who possesses a valid Class Y permit in accordance with section forty-six-n of this article may, during designated archery seasons, hunt with a crossbow for any species of wildlife that may otherwise be lawfully hunted with a bow and arrow.
(b) Only crossbows meeting all of the following specifications may be used for hunting in West Virginia:
(1) The crossbow has a minimum draw weight of one hundred twenty-five pounds;
(2) The crossbow has a working safety; and
(3) The crossbow is used with bolts and arrows not less than eighteen inches in length with a broad head.
(c) The director may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish limitations upon the times, places and circumstances under which a crossbow may be used, including, but not limited to, safety training requirements.
§20-2-46n. Class Y special resident crossbow hunting permit for disabled persons.

(a) On or after the first day of January, two thousand six, a Class Y special hunting permit shall entitle the permittee to hunt with a crossbow in accordance with the provisions of section five-f of this article. A Class Y permit is valid for thirty-six months. Renewal of a permit is subject to the same conditions as an original application.
(b) To be eligible for a Class Y permit, the applicant must:
(1) Be a resident of this State;
(2) Attest to his or her physical inability to use a compound, recurve or long bow; and
(3) Present to the director or to the director's designee a certificate prepared by a licensed physician no more than six months before the application date, verifying that the applicant is physically disabled.
(c) For purposes of this section, "physically disabled" means that the applicant has a permanent and substantial loss of function in one or both hands or in one or both shoulders as determined by a licensed physician in accordance with specific objective standards to be established by legislative rules.
(d) The director shall develop standard forms consistent with the provisions of this section for use by applicants and applicants' physicians.
(e) A Class Y permit is only valid if it is accompanied by a valid resident statewide hunting license or if the applicant is exempt from licensing as provided in this chapter.

NOTE: The purpose of this bill is to authorize crossbow hunting for certain disabled persons, and create a new Class Y permit for said hunting.

These sections are new; therefore, strike-throughs and underscoring have been omitted.
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