Senate Bill No. 499
(By Senators Fanning and Rowe)
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[Introduced February 10, 2004; referred to the Committee on
Natural Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact §20-2-46e of the code of West Virginia,
1931, as amended, relating to special 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 hunting permit for disabled persons.
(a) On and after the first day of January, one thousand nine
hundred eighty-two, a A Class Q permit shall be is a special
statewide hunting permit and shall entitle entitling the permittee
to hunt all legal species of game during the designated hunting
seasons from a motor vehicle in accordance with the provisions of
this section.
(b) A form for such permit form shall be furnished by the director to any an applicant who meets the following requirements:
(1) He is a resident of this state;
(2) (1) He or she is permanently disabled in the lower
extremities; and
(3) (2) He or she holds a Class A or AB resident valid
resident or nonresident statewide hunting license, or a senior
citizens license or is otherwise exempt from the license
requirement.
(c) 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 rules and
regulations as he deems necessary to administer the qualifications
and permitting of applicants. A licensed physician must certify the
applicant's permanent disability by completing the permit form.
When completed, the permit form constitutes
a Class Q permit. The
Class Q 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.
(d) A Class Q permit shall entitle entitles the holder thereof to hunt from a motor vehicle and, notwithstanding the provisions of
subsection subdivision (10) (9), section five of this article, to
possess a loaded firearm in a motor vehicle, but only under the
following circumstances:
(a) (1) The motor vehicle is stationary;
(b) (2) The engine of the motor vehicle is not operating;
(c) (3) The permittee is the only occupant of the vehicle;
(d) (4) The vehicle is not parked on the right-of-way of any
public road or highway; and
(e) (5) The permittee observes all other pertinent laws and
regulations.
(e) The director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code setting forth the qualifications of
applicants and the permitting process.
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(NOTE: This bill allows both residents and nonresidents to
apply for and obtain a Class Q 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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FINANCE COMMITTEE AMENDMENTS
On page two, section forty-six-e, line fifteen, by striking
out the word "must" and inserting in lieu thereof the word "shall";
On page two, section forty-six-e, line nineteen, by striking
out the word "will" and inserting in lieu thereof the word "shall";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 499--A Bill to amend and reenact §20-2-
46e of the code of West Virginia, 1931, as amended, relating
generally to special hunting permit for disabled persons; allowing
nonresidents to obtain a permit; issuance of a card to permittees;
and proposal of legislative rules.
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