Introduced Version
House Bill 2545 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2545
(By Delegate Canterbury (By Request))
[Introduced
February 26, 2001
; 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 expanding the
criteria that entitles a person to obtain a Class Q special
resident hunting permit for disabled persons.
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 a special statewide
hunting permit 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
and or has been treated for a heart condition either with
implantation of a pacemaker or by angioplasty or bypass surgery, or
who has suffered from a heart attack or heart attacks, or who has
been diagnosed as having a serious heart condition that prevents
him or her
from participating in strenuous physical activity; 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 rules and
regulations as he or she
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
expand the criteria that
entitles a person to obtain a Class Q special resident hunting
permit for disabled persons. The expanded criteria include heart
problems associated with the inability to engage in strenuous
physical activity.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.