H. B. 2389
(By Delegates Border, Long, Perdue, Leach and Hatfield)
[Introduced February 16, 2005; referred to the
Committee on Agriculture and Natural Resources then
A BILL to amend and reenact §20-2-46e of the code of West Virginia,
1931, as amended, relating to including persons diagnosed with
disability of a major body system with an accompanying degree
of severity as rated under social security disability
guidelines, in conjunction with other statutory criteria that
must be met by these persons, for the purpose of determining
eligibility to obtain a Class Q special resident hunting
permit for disabled persons.
Be it enacted by the Legislature of West Virginia:
That §20-2-46e of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-46e. Class Q special hunting permit for disabled persons.
(a) A Class Q permit is a special statewide hunting permit
entitling the permittee to hunt all legal species of game during the designated hunting seasons from a motor vehicle in accordance
with the provisions of this section.
(b) A permit form shall be furnished by the Director to an
applicant who meets the following requirements:
(1) He or she is permanently disabled in the lower
(2) He or she has a diagnosed disability of a major body
system and accompanying degree of severity clearly documented as to
both disability and severity in accordance with listed and required
Social Security Administration criteria for determining the
existence of those conditions when considering medical
considerations and the listing of impairments under 20 C.F.R.
404.1525 et seq; and
(2) (3) He or she holds a valid resident or nonresident
statewide hunting license, a senior citizens license or is
otherwise exempt from the license requirement.
(c) A licensed physician must certify the applicant's
permanent disability by completing the permit form. When completed,
the permit form constitutes a Class Q permit. The Class Q permit
and a completed license application shall be submitted to the
Division, which will issue a wallet sized card to the permittee.
The card and all other documents and identification required to be
carried by this article shall be in the permittee's possession when
(d) A Class Q permit entitles the holder to hunt from a motor
vehicle and, notwithstanding the provisions of subdivision (9),
section five of this article, to possess a loaded firearm in a
motor vehicle, but only under the following circumstances:
(1) The motor vehicle is stationary;
(2) The engine of the motor vehicle is not operating;
(3) The permittee is the only occupant of the vehicle;
(4) The vehicle is not parked on the right-of-way of any
public road or highway; and
(5) The permittee observes all other pertinent laws and
(e) The Director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code setting forth the qualifications of
applicants and the permitting process.
NOTE: The purpose of this bill is to include persons
diagnosed with disability of a major body system, with an
accompanying degree of severity, as rated under social security
disability guidelines, in conjunction with other statutory criteria
which must be met by these persons, for the purpose of determining
eligibility to obtain a Class Q special resident hunting permit for
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would