H. B. 4650
(By Delegates Border, Long, Foster, Perdue,
Leach and Hatfield)
[Introduced February 26, 2004; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact §20-2-46e of the code of West Virginia,
1931, as amended, relating to including persons diagnosed with
disability of a major body system with an accompanying degree
of severity as rated under social security disability
guidelines, in conjunction with other statutory criteria that
must be met by these persons, for the purpose of determining
eligibility to obtain a Class Q special resident hunting
permit for disabled persons.
Be it enacted by the Legislature of West Virginia:
That §20-2-46e of the code of West Virginia, 1931, 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
(3) He or she has a diagnosed disability of a major body
system and accompanying degree of severity clearly documented as to
both disability and severity in accordance with listed and required
social security administration criteria for determining the
existence of those conditions when considering medical
considerations and the listing of impairments under 20 C.F.R.
404.1525 et seq; and
(3) (4) 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 include persons
diagnosed with disability of a major body system, with an
accompanying degree of severity, as rated under social security
disability guidelines, in conjunction with other statutory criteria
which must be met by these persons, for the purpose of determining
eligibility to obtain a Class Q special resident hunting permit for
disabled persons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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