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H. B. 4603
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(By Delegates Leggett, Smirl, Trump
and Faircloth)
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[Introduced February 22, 2002; referred to the
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Committee on Agriculture and Natural Resources then Finance.]
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 two new sections, designated sections five-f
and forty-six-n, all relating to permitting persons with
certain physical disabilities to use a crossbow during archery
season.
Be it enacted by the Legislature of West Virginia:
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That article two, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto two new sections, designated sections five-f and
forty-six-n, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5f. Use of a crossbow by certain physically disabled persons.
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(a) Notwithstanding any other provision of this chapter to the
contrary, a person who possesses a valid Class Y permit in
accordance with section forty-six-n of this article may, during
designated archery seasons, hunt with a crossbow for any species of
wildlife that may otherwise be lawfully hunted with a bow and
arrow.
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(b) Only crossbows meeting all of the following specifications
may be used for hunting in West Virginia:
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(1) The crossbow has a minimum draw weight of one hundred
twenty-five pounds;
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(2) The crossbow has a working safety; and
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(3) The crossbow is used with bolts and arrows not less than
eighteen inches in length with a broad head.
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(c) The director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to establish limitations upon the
times, places and circumstances under which a crossbow may be used,
including, but not limited to, safety training requirements.
§20-2-46n. Class Y special resident crossbow hunting permit for
disabled persons.
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(a) On or after the first day of January, two thousand three, a Class Y special hunting permit shall entitle the permittee to
hunt with a crossbow in accordance with the provisions of section
five-f of this article. A Class Y permit is valid for thirty-six
months. Renewal of a permit is subject to the same conditions as
an original application.
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(b) To be eligible for a Class Y permit, the applicant must:
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(1) Be a resident of this state;
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(2) Attest to his or her physical inability to use a compound,
recurve or long bow; and
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(3) Present to the director or to the director's designee a
certificate prepared by a licensed physician no more than six
months before the application date, verifying that the applicant is
physically disabled.
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(c) For purposes of this section, "physically disabled" means
that the applicant has a permanent and substantial loss of function
in one or both hands or in one or both shoulders as determined by
a licensed physician in accordance with specific objective
standards to be established by legislative rules.
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(d) The director shall develop standard forms consistent with
the provisions of this section for use by applicants and
applicants' physicians.
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(e) A Class Y permit is only valid if it is accompanied by a
valid resident statewide hunting license or if the applicant is
exempt from licensing as provided in this chapter.
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NOTE: The purpose of this bill is to authorize crossbow
hunting for certain disabled persons, and create a new Class Y
permit for said hunting.
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These sections are new; therefore, strike-throughs and
underscoring have been omitted.