Enrolled Version - Final Version
House Bill 4449 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
H. B. 4449
(By Delegates Yeager, Stemple, Beach,
Poling, Crosier, Boggs and R. Thompson)
[Passed March 2, 2004; in effect ninety days from passage
.]
AN ACT to amend and reenact §20-2-46e of the code of West Virginia,
1931, as amended, relating to special 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 extremities; and
(2) 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
hunting.
(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
regulations.
(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.