H. B. 4501


(By Delegate Love (By Request))
[Introduced February 16, 1994; referred to the
Committee on Agriculture and Natural Resources then
the Judiciary.]




A BILL to amend and reenact section thirty-a, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to natural resources; wildlife resources; certificate of training; falsifying, altering or counterfeiting a training certificate; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:

That section thirty-a, 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.

§ 20-2-30a. Certificate of training; falsifying, altering or manufacturing training certificate; penalties.

(a) Notwithstanding any other provisions of this article, no hunting license may be issued to any person who was born on or after the first day of January, one thousand nine hundred seventy-five unless the person submits to the person authorized to issue hunting licenses either: (1) a certificate of training as provided for in this section or proof of completion of any course which promotes as a major objective, safety in the handling of firearms and of bow and arrows and which course is approved by the Hunter Education Association or the director.

(2) A certificate of training issued by another state or Canadian province; or
(3) An affidavit to be included on the license application form and signed by the person applying for a hunting license, stating that the person has held a hunting license issued by this or another state or Canadian province in a prior year. The provision of this section shall become effective the first day of January, one thousand nine hundred ninety.
(b) The director shall establish a course in the safe handling of firearms and of bows and arrows, such as the course approved by the Hunter Education Association. This course shall be given at least once per year in each county in this state and shall be taught by instructors certified by the director. In establishing and conducting this course, the director may cooperate with any reputable association or organization which promotes as a major objective, safety in the handling of firearms and of bows and arrows: Provided, That any person holding a Class A-L or AB-L lifetime resident license obtained prior to his or her fifteenth birthday shall be required to obtain a certificate of training as provided for in this section before making use of the lifetime license. This course of instruction shall be offered without charge, except for materials or ammunition consumed. Upon satisfactory completion of the course, each person instructed in the course shall be issued a certification of training for the purposes of complying with the requirements of subsection (a) of this section. The certificate shall be in the form prescribed by the director and shall be valid for hunting license application purposes.
(c) (1) Upon satisfactory completion of this course, any person whose hunting license has been revoked for a violation of the provisions of this chapter of the code may petition the director for a reduction of his revocation time. However, under no circumstances may the time be reduced to less than one year.
(2) Successful completion of this course shall be required to consider the reinstatement of a hunting license of any person whose license has been revoked due to a conviction for negligent shooting of a human being or of livestock under the provisions of section fifty-seven of this article or of section eleven, article seven, chapter sixty-one of this code, and who petitions the director for an early reinstatement of his hunting privileges. Such a petitioner shall also comply with the other requirements for consideration of reinstatement contained in section thirty-eight of this article.
(d) It is unlawful for any person to falsify, alter or counterfeit a certificate of training.
(e) Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than three hundred dollars, or confined in the county or regional jail for a period not to exceed thirty days, or both fined and imprisoned: Provided, That any person who violates the provisions of subsection (d) of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars, or confined in the county or regional jail for a period not to exceed one year, or both fined and imprisoned.
Nothing herein contained shall mandate that any county school district in the state be responsible for implementing hunter safety education programs.



NOTE: The purpose of this bill is to clarify to the general public who needs the certificate of training; provides a penalty for those who fail to obtain a certificate or who falsifies, counterfeits or alters an existing certificate; and increasing the effectiveness of hunter education training.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.