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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 575
(Senators Bowman, McKenzie, Kessler and Edgell, original sponsors)
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[Passed April 9, 2005; in effect ninety days from passage.]
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AN ACT to
amend the Code of West Virginia, 1931, as amended,
by
adding thereto two new sections, designated §20-2-5g and §20-
2-42, all relating to authorizing crossbow hunting for certain
disabled persons; providing crossbow specifications; and
establishing permit requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §20-2-5g and
§20-2-42, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5g. Use of a crossbow by certain physically disabled
persons.
(a) Notwithstanding any other provision of this code to the
contrary, a person who possesses a valid Class Y permit in
accordance with section forty-two of this article may, during the designated archery hunting season, hunt with a crossbow.
(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 having at least two
sharp cutting edges, measuring at least 3/4 of an inch in width.
§20-2-42. Class Y special crossbow hunting permit for certain
disable persons.
(a) On or after the first day of January, two thousand six, a
Class Y permit shall be a special statewide hunting permit and
shall entitle the permittee to hunt all wildlife during established
archery seasons. An application shall be furnished by the director
and a Class Y permit allowing the holder to use a crossbow, during
the archery hunting seasons, to applicants who meet the following
requirements:
(1) He or she holds a Class Q permit;
(2) He or she has a permanent and substantial loss of function
in one or both hands while failing to meet the minimum standards of
the upper extremity pinch, grip and nine-hole peg tests
administered under the direction of a licensed physician; or
(3) A permanent and substantial loss of function in one or
both shoulders while failing to meet the standards of the standard
shoulder strength test, administered under the direction of a licensed physician.
(b) The application form shall include a written statement or
report prepared by a physician, prepared no more than six months
preceding the application and verifying that the applicant is
physically disabled as described in this section. As part of the
application, the applicant shall authorize, by written release, an
examination of all medical records regarding his or her qualifying
disability. When completed, the permit form constitutes a Class Y
permit. The Class Y 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.
(c) A Class Y permit must be accompanied by a valid statewide
hunting license or the applicant must be exempt from hunting
licenses as provided in this chapter.