COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 693
(By Senators Love, Stollings, Hunter and White)
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[Originating in the Committee on Finance;
reported February 25, 2008.]
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A BILL to amend and reenact §20-2-27 and §20-2-28 of the Code of
West Virginia, 1931, as amended; and that said code be amended
by adding thereto a new section, designated §20-2-42x, all
relating to senior resident lifetime hunting, fishing and
trapping license and fee of fifteen dollars; and allowing
persons who are sixty-five years of age before the first day
of January, two thousand nine, to remain exempt from the
purchase of the license.
Be it enacted by the Legislature of West Virginia:
That §20-2-27 and §20-2-28 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §20-2-42x, all to read
as follows:
Article 2. Wildlife Resources.
§20-2-27. Necessity for license.
Except as otherwise provided by law, no resident who has
reached his fifteenth birthday and who has not reached his sixty-
fifth birthday
before the first day of January, two thousand nine,
and no nonresident shall at any time take, hunt, pursue, trap for,
kill or chase any wild animals, wild birds or fish for, take, kill
or catch any fish, amphibians or aquatic life of any kind
whatsoever in this state without first having secured a license or
permit and then only during the respective open seasons, except
that a nonresident who has not reached his fifteenth birthday may
fish for, take, kill or catch any fish, amphibians or aquatic life
of any kind whatsoever in this state without first having secured
a license or permit.
No A person under the age of fifteen years
shall
not hunt or chase any wild animals or wild birds upon lands
of another unless accompanied by a licensed adult.
A resident or nonresident member of any club, organization or
association or persons owning or leasing a game preserve or fish
preserve, plant or pond in this state shall not hunt or fish
therein without first securing a license or permit as required by
law:
Provided, however, That resident landowners or their resident
children, or bona fide resident tenants of
such land, may, without
a permit or license, hunt and fish on their own land during open
seasons in accordance with laws and
regulations rules applying to
such hunting and fishing unless
such the lands have been designated
as a wildlife refuge or preserve.
Licenses and permits shall be of the kinds and classes set
forth in this article and shall be conditioned upon the payment of
the fees established
therefor for
the licenses and permits.
§20-2-28. When licenses or permits not required.
Persons in the following categories
shall are not
be required
to obtain licenses or permits as indicated:
(a) Bona fide resident landowners or their resident children,
or resident parents, or bona fide resident tenants of
such the
land, may hunt, trap or fish on their own land during open season
in accordance with the laws and
regulations rules applying to
such
the hunting, trapping and fishing without obtaining a license to do
so unless
such the lands have been designated as a wildlife refuge
or preserve.
(b) Any bona fide resident of this state who is totally blind
may fish in this state without obtaining a fishing license
to do
so. A written statement or certificate from a duly licensed
physician of this state showing the resident to be totally blind
shall serve in lieu of a fishing license and shall be carried on
the person of the resident at all times while he or she is fishing
in this state.
(c) All residents of West Virginia on active duty in the armed
forces of the United States of America, while on leave or furlough,
shall have the right and privilege to may hunt, trap or fish in
season in West Virginia without obtaining a license
to do so. Leave or furlough papers shall serve in lieu of any
such license
and shall be carried on the person at all times while trapping,
hunting or fishing.
(d) In accordance with the provisions of section twenty-seven
of this article, any resident sixty-five years of age or older
before the first day of January, two thousand nine, is not required
to have a license to hunt, trap or fish during the legal seasons in
West Virginia, but in lieu of
such the license
any such the person
shall at all times while hunting, trapping or fishing carry on his
or her person a valid West Virginia driver's license or nondriver
identification card issued by the Division of Motor Vehicles.
(e) Residents of the state of Maryland who carry hunting or
fishing licenses valid in that state may hunt or fish from the West
Virginia banks of the Potomac River without obtaining licenses to
do so, but the hunting or fishing shall be confined to the fish and
waterfowl of the river proper and not on its tributaries:
Provided, That the State of Maryland shall first enter into a
reciprocal agreement with the director extending a like privilege
of hunting and fishing on the Potomac River from the Maryland banks
of
said the river to licensed residents of West Virginia without
requiring
said the residents to obtain Maryland hunting and fishing
licenses.
(f) Residents of the State of Ohio who carry hunting or
fishing licenses valid in that state may hunt or fish on the Ohio River or from the West Virginia banks of the river without
obtaining licenses to do so, but the hunting or fishing shall be
confined to fish and waterfowl of the river proper and to points on
West Virginia tributaries and embayments identified by the
director:
Provided, That the State of Ohio shall first enter into
a reciprocal agreement with the director extending a like privilege
of hunting and fishing from the Ohio banks of the river to licensed
residents of West Virginia without requiring the residents to
obtain Ohio hunting and fishing licenses.
(g) Any resident of West Virginia who was honorably discharged
from the armed forces of the United States of America and who
receives a veteran's pension based on total permanent
service-connected disability as certified to by the Veterans
Administration
shall be permitted to may hunt, trap or fish in this
state without obtaining a license
therefor. 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 procedure for the certification of the veteran,
manner of applying for and receiving the certification and
requirements as to identification while
said the veteran is
hunting, trapping or fishing.
(h) Any disabled veteran who is a resident of West Virginia
and who, as certified to by the Commissioner of Motor Vehicles, is
eligible to be exempt from the payment of any fee on account of registration of any motor vehicle owned by
such the disabled
veteran as provided in section eight, article ten, chapter
seventeen-a of this code shall be permitted to hunt, trap or fish
in this state without obtaining a license
therefor. 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 procedure for the certification of the disabled
veteran, manner of applying for and receiving the certification and
requirements as to identification while the disabled veteran is
hunting, trapping or fishing.
(i) Any resident or inpatient in any state mental health,
health or benevolent institution or facility may fish in this
state, under proper supervision of the institution involved,
without obtaining a fishing license
to do so. A written statement
or certificate signed by the superintendent of the mental health,
health or benevolent institution or facility in which the resident
or inpatient, as the case may be, is institutionalized shall serve
in lieu of a fishing license and shall be carried on the person of
the resident or inpatient at all times while he or she is fishing
in this state.
(j) Any resident who is developmentally disabled, as certified
by a physician and the Director of the Division of Health, may fish
in this state without obtaining a fishing license
to do so. As
used in this section, "developmentally disabled" means a person with a severe, chronic disability which:
(1) Is attributable to a mental or physical impairment or a
combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Results in substantial functional limitations in three or
more of the following areas of major life activity: (A) Self-care;
(B) receptive and expressive language; (C) learning; (D) mobility;
(E) self-direction; (F) capacity for independent living; and (G)
economic self-sufficiency; and
(4) Reflects the person's need for a combination and sequence
of care, treatment or supportive services which are of lifelong or
extended duration and are individually planned and coordinated.
(k) A student eighteen years of age or younger receiving
instruction in fly fishing in a public, private, parochial or
Christian school in this state may fly fish in the state for catch
and release only without obtaining a fishing license
to do so while
under the supervision of an instructor authorized by the school.
§20-2-42x. Class XS resident senior hunting, fishing and trapping
license.
A Class XS license is a resident senior hunting, fishing and
trapping license and entitles the licensee to hunt and trap for all
legal species of wild animals and wild birds, to fish for all legal
species of fish and to take frogs in all counties of the state,
except as prohibited by the rules of the director or Natural Resources Commission and when additional licenses, stamps or
permits are required. No additional fees shall be required of
Class XS licensees for a Class CS stamp or a Class O stamp. The
Class XS license shall be issued only to residents or aliens
lawfully residing in the United States who have been domiciled
residents of West Virginia for a period of thirty consecutive days
or more immediately prior to the date of their application for a
license and who reach sixty-five years of age on or after the first
day of January, two thousand nine. The fee for the Class XS license
shall be fifteen dollars. Once issued, the Class XS license shall
remain valid for the lifetime of the purchaser without payment of
additional fees for the privileges associated with the Class X
license, Class CS stamp and the Class O stamp. This is a base
license and does not require the purchase of a prerequisite license
to participate in the activities specified in this section, except
as noted.