H. B. 2404
(By Delegates C. White, Spencer,
Underwood and Davis)
[Introduced March 4, 1997; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section forty-six-e, article two,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to permitting
West Virginia residents disabled in the lower extremities to
hunt, trap or fish in West Virginia under the Class Q
permit.
Be it enacted by the Legislature of West Virginia:
That section forty-six-e, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§20-2-46e. Class Q special hunting permit for disabled persons.
On and after the first day of January, one thousand nine
hundred eighty-two, A Class Q permit shall be a special
statewide hunting, trapping and fishing permit and shall entitle
the permittee to hunt, trap and fish all legal species of game and fish during the designated hunting, trapping and fishing
seasons.
A form for such permit shall be furnished by the director to
any applicant who meets the following requirements:
(1) He is a resident of this state;
(2) He is permanently disabled in the lower extremities; and
(3) He holds a Class A or AB resident statewide hunting
license; or a senior citizens license.
The form when properly filled out by a licensed physician
shall attest to the disability of the applicant and shall, from
the date of signing by the physician, constitute a Class Q permit
which the permittee shall have in his possession when hunting
during any hunting season for which permittee holds a valid
license as provided herein. The director shall establish such
propose rules and regulations as he deems necessary in accordance
with chapter twenty-nine-a of this code, to administer the
qualifications and permitting of applicants.
A Class Q permit shall entitle the holder thereof to hunt
from a motor vehicle and, notwithstanding the provisions of
subsection (10), section five of this article, to possess a
loaded firearm in a motor vehicle, but only under the following
circumstances:
(a) The motor vehicle is stationary;
(b) The engine of the motor vehicle is not operating;
(c) The permittee is the only occupant of the vehicle;
(d) The vehicle is not parked on the right-of-way of any
public road or highway; and
(e) The permittee observes all other pertinent laws and
regulations.
NOTE: The purpose of this bill is to authorize West
Virginians disabled in the lower extremities to hunt, trap and
fish in West Virginia.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.