H. B. 2837
(By Delegates Hrutkay, Butcher,
R. Thompson and Martin)
[Introduced February 3, 2003; referred to the
Committee on Agriculture and Natural Resources then Finance.]
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 hunting licensing
and permits and clarifying the qualifications for eligibility
for a Class Q hunting license.
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:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-46e. Class Q special resident 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 is a special
statewide hunting permit for persons with limited mobility who are determined to be disabled under the provisions of the Americans
with Disabilities Act, 42 U.S.C.
§
12101 et seq.
and shall entitle
the permittee to hunt all legal species of game during the
designated hunting seasons.
A form for such permit shall be furnished by the director to
any applicant who meets the following requirements:
(1) He or she is a resident of this state;
(2) He or she is permanently disabled in the lower extremities
has limited mobility and is determined to be disabled under the
provisions of the Americans with Disabilities Act, 42 U.S.C.
§
12101
et seq.;
and
(3) He or she 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 or her possession when hunting
during any hunting season for which permittee holds a valid license
as provided herein. The director shall establish such promulgate
rules and regulations in compliance with the provisions of the
Americans with Disabilities Act, 42 U.S.C.
§
12101 et seq.
as he
deems necessary 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 clarify the
qualifications of persons eligible to obtain a Class Q hunting
permit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.