H. B. 2405


(By Delegates Butcher, Dempsey, Kominar, Kuhn and Davis)
[Introduced January 27, 1999; referred to the
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 a new section, designated section five-e, relating to providing for a county referendum which will allow voters to decide the issue of whether to permit Sunday hunting in that county during all periods of division of natural resources designated hunting seasons.

Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five-e, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.

 §20-2-5e. County referendum on Sunday hunting.
(a) Upon approval of a county commission or upon submission to a county commission of a petition containing signatures of at least ten percent of the registered voters residing in that county, the question of whether to permit Sunday hunting throughout that county during all periods of division of natural resources designated hunting seasons shall be determined by county-wide referendum at a regular primary or general election.
On the election ballot shall be printed the following:
"Shall Sunday hunting be permitted in [ name of ] County during all periods of Division of Natural Resources designated hunting seasons?"
[ ] Yes[ ] No
(b) The ballots shall be counted, returns made and canvassed, and the results certified as in other regular primary and general elections. Upon determination of the results of the election, if a majority has voted "yes," the division of natural resources shall permit Sunday hunting in that county during all periods of division of natural resources designated hunting seasons and shall further propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement Sunday hunting in that county. If a majority has voted "no," the issue of Sunday hunting in that county may not be voted upon again for a period of two years.



NOTE: The purpose of this bill is to provide for a county referendum to allow voters to decide the issue of whether to permit county-wide Sunday hunting during all periods of Division of Natural Resources designated hunting seasons.

This section is new; therefore, strike-throughs and underscoring have been omitted.