Senate Bill No. 699
(By Senators Fanning, Barnes, Deem, Edgell, D. Facemire, Laird,
Prezioso and White)
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[Originating in the Committee on Natural Resources; reported
March 1, 2010.]
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A BILL to amend and reenact §20-2-30a of the Code of West Virginia,
1931, as amended, relating to hunter safety education; and
permitting minors fifteen and under to forgo the certificate
of training when accompanied by a licensed adult.
Be it enacted by the Legislature of West Virginia:
That §20-2-30a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-30a. Certificate of training and hunter safety education;
falsifying, altering, forging, counterfeiting or
uttering training certificate; criminal penalties.
(a)(1) Notwithstanding any other provisions of this article,
no a hunting license or stamp may not be issued to any person who
was born on or after the first day of January, one thousand nine
hundred seventy-five January 1, 1975 unless the person submits to the person authorized to issue hunting licenses a licensing agent:
(A) a certificate of training as provided in this section or other
proof of completion of any a hunting safety course that course
which promotes as a major objective safety in the handling of
firearms and of bow and arrows and which course is approved by the
International Hunter Education Association or the Director; or
provides (B) a State of West Virginia resident or nonresident
hunting license from the previous hunting season that displays a
certification of training,; or (C) an attestation attests that a
hunter training hunting safety course has been completed when
purchasing a license or stamp is purchased online.
(2) A minor under the age of fifteen may be issued a stamp and
a hunting license, if required, without obtaining a certificate of
training if the minor is accompanied by a licensed adult who
remains in a position near enough to the minor to render advice and
assistance.
(b)(1) The director shall establish a hunting safety course in
the safe handling of firearms and of bows and arrows, such as the
course approved by the International Hunter Education Association.
This course shall be given at least once per year in each county in
this state and shall be taught by instructors certified by the
director.
(2) In establishing and conducting this course, the director
may cooperate with any reputable association or organization which promotes as a major objective safety in the handling of firearms
and of bows and arrows: Provided, That any that promotes hunting
safety.
(3) A person holding a Class A-L or AB-L lifetime resident
license obtained prior to his or her fifteenth birthday shall be
required to obtain a certificate of training as provided in this
section before hunting or trapping pursuant to said license. This
course of instruction shall be offered without charge, except for
materials or ammunition consumed. Upon satisfactory completion of
the course, each person instructed in the course shall be issued a
certificate of training for the purposes of complying with the
requirements of subsection (a) of this section. The certificate
shall be in the form prescribed by the director and shall be valid
for hunting license application purposes.
(c)(1) Upon satisfactory completion of this the hunting safety
course, any person whose hunting license has been revoked for a
violation of the provisions of this chapter may petition the
Director for a reduction of his or her revocation time. However,
under no circumstances may the time, which will not be reduced to
less than one year.
(2) Successful completion of this the hunting safety course
shall be is required to consider the reinstatement of a hunting
license of any a person whose license has been revoked due to a
conviction for negligent shooting of a human being or of livestock under the provisions of section fifty-seven of this article, and
who petitions the Director for an early reinstatement of his or her
hunting privileges. Such a The petitioner shall also comply with
the other requirements for consideration of reinstatement contained
in section thirty-eight of this article.
(d) It is unlawful for any person to falsify, alter, forge,
counterfeit or utter a certificate of training. Any person who
violates the provisions of this subsection section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than five hundred dollars $500 nor more than one thousand dollars
$1,000, or confined in jail for a period not to exceed one year, or
both fined and imprisoned.
(e) Nothing herein contained shall mandate that any mandates
that a county school district in the state be is responsible for
implementing hunter safety education programs.