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.