H. B. 2545


(By Delegate Canterbury (By Request))

[Introduced February 26, 2001 ; referred to the

Committee on Agriculture and Natural Resources then Finance.]





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 expanding the criteria that entitles a person to obtain a Class Q special resident hunting permit for disabled persons.

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 resident hunting permit for disabled persons.

On and after the first day of January, one thousand nine hundred eighty-two, 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 a resident of this state;
(2) He or she is permanently disabled in the lower extremities and or has been treated for a heart condition either with implantation of a pacemaker or by angioplasty or bypass surgery, or who has suffered from a heart attack or heart attacks, or who has been diagnosed as having a serious heart condition that prevents him or her from participating in strenuous physical activity; and
(3) He or she holds a Class A or AB resident 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 or her possession when hunting during any hunting season for which permittee holds a valid license as provided herein. The director shall establish such rules and regulations as he or she deems necessary 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.

NOTE: The purpose of this bill is to expand the criteria that entitles a person to obtain a Class Q special resident hunting permit for disabled persons. The expanded criteria include heart problems associated with the inability to engage in strenuous physical activity.

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