hb2276 intr

H. B. 2276

(By Delegates Smirl, Paxton,

Trump and Faircloth)

[Introduced January 15, 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 a new section, designated section forty-six-n, relating to creating a special license to permit resident disabled persons to hunt with a crossbow.

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 forty-six-n, to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§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 permit shall be a special statewide hunting permit and shall entitle the permittee to hunt all legal wildlife as determined by the director during the designated season. A Class Y permit is valid for thirty-six months and may be renewed.

An application for the permit shall be furnished by the director to any applicant who meets the following requirements:

(1) The applicant is a resident of this state; and

(2) The applicant is unable to use a compound, recurve or long bow while having a disabled condition to one of the following:

(A) A permanent and substantial loss of function in one or both hands while failing to meet minimum standards of the upper extremity pinch, grip and nine-hole peg tests administered under the direction of a licensed physician; or

(B) A permanent and substantial loss of function in one or both shoulders while failing to meet the minimum standards of the standard shoulder strength tests, administered under the direction of a licensed physician.

(b) The application form shall include a written statement or report prepared by a licensed physician, prepared no more than six months preceding the application and verifying that the applicant is physically disabled as described in this section. As part of the application, the applicant must authorize, by written release, an examination of all medical records regarding the applicant's disability.

(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.

(d) A Class Y permit must be accompanied by a valid resident statewide hunting license or the applicant must be exempt from hunting licenses as provided in this chapter.

NOTE: The purpose of this bill is to authorize crossbow hunting for disabled persons, create a new Class Y permit for disabled persons.

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