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Introduced Version House Bill 2075 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2075


(By Delegate McGraw)

[Introduced February 14, 2001; referred to the

Committee on Agriculture and Natural Resources then Finance.]





A BILL to amend and reenact section sixty-two, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a hunting and fishing license exemption to active members of the national guard who are residents of this state.

Be it enacted by the Legislature of West Virginia:

That section sixty-two, 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.

§20-2-62. Persons exempt from obtaining hunting and fishing licenses; qualification.

(a) Any person who has been a prisoner of war, was honorably discharged from the military forces and is a resident of this state may take, or catch by angling, fish of the kind lawfully permitted to be taken or caught and may hunt or trap wild birds or wild quadrupeds lawfully permitted to be hunted or trapped without procuring a fishing license, hunting license or trapping permit. The person, while taking or catching fish or hunting or trapping wild birds or wild quadrupeds for which he or she would otherwise be required to have a fishing license, hunting license or trapping permit, shall carry written evidence in the form of a record of separation, a letter from one of the military forces of the United States, or such other evidence as the director of the department of natural resources requires by rule that satisfies the eligibility criteria established by this section.
For purposes of this section, the term "prisoner of war" means any member of the armed forces of the United States, including the United States coast guard and national guard, who was held by any hostile force with which the United States was actually engaged in armed conflict during any period of the incarceration; or any person, military or civilian, assigned to duty on the U.S.S. Pueblo who was captured by the military forces of North Korea on the twenty-third of January, one thousand nine hundred sixty-eight, and thereafter held prisoner. Notwithstanding any provision in this section, a prisoner of war shall not include any person who, at any time, voluntarily, knowingly and without duress, gave aid to or collaborated with or in any manner served any such hostile force.
(b) Any person who is an active member of the national guard and is a resident of this state is exempt from procuring a license to hunt or fish as set forth in subsection (a) of this section. A national guard member hunting or fishing without a license pursuant to these provisions must carry a military identification card as evidence of active status in the national guard.


NOTE: The purpose of this bill is to provide a hunting and fishing license exemption to active members of the national guard who are residents of this state.

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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