HB 2795 Text

ENROLLED

COMMITTEE SUBSTITUTE

FOR
H. B. 2795
(By Delegates Ferro, White, Varner, Talbott,
Pethtel, Phillips, Stowers, Hall, Kominar,
Klempa and Lawrence)

[Passed March 31, 2009; in effect ninety days from passage.]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-46f, relating to wildlife resources; and creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §20-2-46f, to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-46f. Class DT special hunting and fishing license for
persons with a life-threatening condition.
(a) A Class DT license is a special statewide hunting and fishing license for residents of the State of West Virginia and nonresidents, as permitted in subsection (e) of this section, entitling the licensee to fish or hunt all legal species of game at no charge, in accordance with the provisions of this section.
(b) A license form shall be furnished by the director to an applicant who meets the following requirements:
(1) He or she has been diagnosed by a licensed physician with a life-threatening condition; and
(2) He or she is under twenty-one years of age.
(c) A licensed physician must certify the applicant's life- threatening condition by completing the license form. A "life- threatening condition" means a terminal condition or illness that according to current diagnosis has a high probability of death within two years, even with treatment with an existing generally accepted protocol. When completed, the license form constitutes a Class DT license. The Class DT license and a completed license application shall be submitted to the division, which will issue a wallet sized card to the licensee. The card and all other documents and identification required to be carried by this article shall be in the licensee's possession when hunting or fishing.
(d) A Class DT license entitles the holder to hunt and fish only under the following circumstances:
(1) The licensee is accompanied by a parent, guardian or, with written consent of the parent or guardian, any other competent adult at least twenty-one years of age;
(2) The individual assisting the licensee must hold a valid fishing or hunting license appropriate to the situation;
(3) The licensee and the individual assisting observe all other pertinent laws and regulations.
(e) The director shall provide licenses to nonresidents at no charge who:
(1) Meet the requirements of subsections (b) and (c) of this section; and
(2) Are recommended by qualifying nonprofit organizations who offer hunting and fishing experiences.
(f) The director shall 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 nonprofit organizations and the licensing process.

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