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Introduced Version House Bill 2389 History

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hb2389 intr
H. B. 2389


(By Delegates Border, Long, Perdue, Leach and Hatfield)
[Introduced February 16, 2005; referred to the
Committee on Agriculture and Natural Resources then Finance.]




A BILL to amend and reenact §20-2-46e of the code of West Virginia, 1931, as amended, relating to including persons diagnosed with disability of a major body system with an accompanying degree of severity as rated under social security disability guidelines, in conjunction with other statutory criteria that must be met by these persons, for the purpose of determining eligibility to obtain a Class Q special resident hunting permit for disabled persons.

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 or
(2) He or she has a diagnosed disability of a major body system and accompanying degree of severity clearly documented as to both disability and severity in accordance with listed and required Social Security Administration criteria for determining the existence of those conditions when considering medical considerations and the listing of impairments under 20 C.F.R. 404.1525 et seq; and
(2) (3) 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 of the vehicle;
(4) The vehicle is not parked on the right-of-way of any public road or highway; and
(5) 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 include persons diagnosed with disability of a major body system, with an accompanying degree of severity, as rated under social security disability guidelines, in conjunction with other statutory criteria which must be met by these persons, for the purpose of determining eligibility to obtain a Class Q special resident hunting permit for disabled persons.

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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