H. B. 4640
(By Delegates L. Smith and Hall (By Request))
[Introduced February 23, 2000; 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 sixty-four,
relating to creating a permit to allow medically incapacitated
hunters to use all-terrain vehicles to hunt on state managed
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 sixty-four, to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-64. Permit to use all-terrain vehicle to retrieve game.
The director shall issue a special permit to allow certain medically incapacitated hunters to use all-terrain vehicles (ATVs)
to hunt in state forests, wildlife management areas and other state
managed hunting areas so long as the ATVs are operated only on
existing forest service roads and logging roads. For purposes of
this section, a "medically incapacitated hunter" is a person whose
medical condition is such that the person is rendered incapable of
hunting without the benefit of a motorized vehicle, as determined
by a physician. Upon documentation by a physician of a person's
medical incapacity, the director shall issue a special ATV permit
pursuant to this section. The director shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to implement the
provisions of this section.
NOTE: The purpose of this bill is to create a permit to allow
hunters with certain medical conditions to use all-terrain vehicles
on state managed hunting areas to retrieve game animals which have
been killed in inaccessible areas.
This section is new; therefore, strike-throughs and
underscoring have been omitted.