Introduced Version
Senate Bill 579 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 579
(By Senators Bowman, Kessler, McKenzie and Love)
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[Introduced February 15, 2006; referred to the Committee
on Natural Resources.]
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A BILL to amend and reenact §20-2-46e of the Code of West Virginia,
1931, as amended, relating to
allowing an individual, who is
at least sixteen years of age, to be in a vehicle to assist
a Class Q permittee while hunting.
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) A Class Q permit is a special statewide hunting permit
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 permit form shall be furnished by the director to an
applicant who meets the following requirements:
(1) He or she is permanently disabled in the lower
extremities; and
(2) He or she holds a valid resident or nonresident statewide
hunting license, a senior citizens license or is otherwise exempt
from the license requirement.
(c) 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 entitles the holder to hunt from a motor
vehicle and, notwithstanding the provisions of subdivision (9),
section five of this article, to possess a loaded firearm in a
motor vehicle, but only under the following circumstances:
(1) The motor vehicle is stationary;
(2) The engine of the motor vehicle is not operating;
(3) The permittee is the only occupant and one individual, who
is at least sixteen years of age, to assist the permittee are the
only occupants of the vehicle;
(4) The individual assisting the permittee shall not hunt with
a firearm, bow, or cross-bow while assisting the permittee;
(4) (5) The vehicle is not parked on the right-of-way of any
public road or highway; and
(5) (6) 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.
NOTE: The purpose of this bill is to allow one individual,
who is at least sixteen years of age, to be in the vehicle to
assist the Class Q permittee while hunting.
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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