COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 346
(By Senators Brackenrich, Dittmar, Anderson and Felton)
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[Originating in the Committee on Natural Resources;
reported March 17, 1993, 1993.]
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A BILL to amend and reenact section forty-six-e, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting nonresident persons disabled in the lower extremities to hunt in West Virginia.

Be it enacted by the Legislature of West Virginia:
That section forty-six-e, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, 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 Class Q permit shall be a special statewide hunting permit and shall entitle the permittee to hunt all legal species of game during the designated hunting seasons.
A form for such permit shall be furnished by the director to any applicant who meets the following requirements:
(1) He or she is permanently disabled in the lower extremities; and
(2) He or she holds a Class A or AB resident statewide hunting license; a Class E, EE or H nonresident statewide hunting license; or a senior citizens license.
The form when properly filled out by a licensed physician shall attest to the disability of the applicant and shall, from the date of signing by the physician, constitute a Class Q permit which the permittee shall have in his possession when hunting during any hunting season for which permittee holds a valid license as provided herein. The director shall promulgate rules in accordance with chapter twenty-nine-a of this code, to administer the qualifications and permitting of applicants.
A Class Q permit shall entitle the holder thereof to hunt from a motor vehicle and, notwithstanding the provisions of subsection (10), section five of this article, to possess a loaded firearm in a motor vehicle, but only under the following circumstances:
(a) The motor vehicle is stationary;
(b) The engine of the motor vehicle is not operating;
(c) The permittee is the only occupant of the vehicle;
(d) The vehicle is not parked on the right-of-way of any public road or highway; and
(e) The permittee observes all other pertinent laws and regulations.