H. B. 2100
(By Delegates Leggett, Smirl, Trump and Faircloth)
[Introduced January 10, 2003
; 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 two new sections, designated sections five-f
and forty-six-n, all relating to permitting persons with
certain physical disabilities to use a crossbow during archery
season.
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 two new sections, designated sections five-f and
forty-six-n, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5f. Use of a crossbow by certain physically disabled
persons.
(a) Notwithstanding any other provision of this chapter to the contrary, a person who possesses a valid Class Y permit in
accordance with section forty-six-n of this article may, during
designated archery seasons, hunt with a crossbow for any species of
wildlife that may otherwise be lawfully hunted with a bow and
arrow.
(b) Only crossbows meeting all of the following specifications
may be used for hunting in West Virginia:
(1) The crossbow has a minimum draw weight of one hundred
twenty-five pounds;
(2) The crossbow has a working safety; and
(3) The crossbow is used with bolts and arrows not less than
eighteen inches in length with a broad head.
(c) The director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to establish limitations upon the
times, places and circumstances under which a crossbow may be used,
including, but not limited to, safety training requirements.
§20-2-46n. Class Y special resident crossbow hunting permit for
disabled persons.
(a) On or after the first day of January, two thousand three,
a Class Y special hunting permit shall entitle the permittee to
hunt with a crossbow in accordance with the provisions of section
five-f of this article. A Class Y permit is valid for thirty-six
months. Renewal of a permit is subject to the same conditions as an original application.
(b) To be eligible for a Class Y permit, the applicant must:
(1) Be a resident of this state;
(2) Attest to his or her physical inability to use a compound,
recurve or long bow; and
(3) Present to the director or to the director's designee a
certificate prepared by a licensed physician no more than six
months before the application date, verifying that the applicant is
physically disabled.
(c) For purposes of this section, "physically disabled" means
that the applicant has a permanent and substantial loss of function
in one or both hands or in one or both shoulders as determined by
a licensed physician in accordance with specific objective
standards to be established by legislative rules.
(d) The director shall develop standard forms consistent with
the provisions of this section for use by applicants and
applicants' physicians.
(e) A Class Y permit is only valid if it is accompanied by a
valid resident statewide hunting license or if the applicant is
exempt from licensing as provided in this chapter.
NOTE: The purpose of this bill is to authorize crossbow
hunting for certain disabled persons, and create a new Class Y
permit for said hunting.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.