Introduced Version
House Bill 2299 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2299
(By Delegates Michael and Mezzatesta)
[Introduced
February 19, 2001
; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section sixty-one,
relating to requiring turkey hunters to take certain safety
precautions while engaged in turkey hunting including posting
an orange flag above themselves when in a fixed position and
wearing orange headgear; providing an exemption for persons
engaged in agricultural occupations hunting on their own land;
and, providing for a criminal penalty for violators.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section sixty-one, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-61. Requirement that turkey hunters mark location and wear
orange head apparel; exemption; penalty.
Any person who hunts wild turkeys on public lands or the lands
of another while in a prolonged stationary position shall post or
tie a daylight fluorescent orange flag or marker between eighteen
inches to three and one-half feet above their immediate position.
The flag or marker shall be configured in a square, rectangular or
triangular shape and comprised of, at least, a one-sided surface
area of fifty square inches. The person shall also wear a daylight
fluorescent orange hat or other daylight flourescent orange head
apparel: Provided, That persons engaged in agricultural
occupations shall be exempt from the provisions of this section
while hunting turkeys on their own property. Any person violating
any provision of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five dollars nor
more than fifty dollars.
NOTE: The purpose of this bill is to require turkey hunters
when in prolonged stationary positions, to post the position by
erecting an orange flag above them. It also requires that they wear orange headgear. Finally, it provides for a limited exemption
as well as a modest criminal penalty for violators.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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