Introduced Version Senate Bill 575 History

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Senate Bill No. 575

(By Senators Bowman, McKenzie, Kessler and Edgell)


[Introduced March 17, 2005; referred to the Committee

on Natural Resources.]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5g; and to amend and reenact §20-2-46e of said code, all relating to permitting persons with certain physical disabilities to use a crossbow during a designated crossbow hunting season.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §20-2-5g; and
that §20-2-46e be amended and reenacted , 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 Q permit in accordance with section forty-six-e of this article may, during designated crossbow hunting seasons, which are to take place during the two weeks prior to the regular archery season, hunt with a crossbow for species of wildlife designated by the Division of Natural Resources.
(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) Longbows, recurve bows, modified bows and compound bows may not be substituted for the crossbow during the special crossbow season.
(d) Logan, McDowell, Mingo and Wyoming counties are excluded from the special crossbow season.
(e) 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 what game may be hunted, bag limits for said game, the times, places and circumstances under which a crossbow may be used, including, but not limited to, safety training requirements.
§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 and entitling the permittee to hunt using a crossbow pursuant to section five-g, article two, chapter twenty of this code.
(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.

NOTE: The purpose of this bill is to provide for a special crossbow hunting season for persons holding a class Q hunting license.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§20-2-5g is new; therefore, strike-throughs and underscoring have been omitted.
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