H. B. 2285
(By Delegates Stemple, Varner and Yeager)
[Introduced January 15, 2003; referred to the
Committee on Agriculture and Natural Resources then the
A BILL to amend and reenact sections thirty-six and thirty-seven,
article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
requiring licensees of hunting and fishing licenses to carry
and exhibit for inspection proof of identity and all documents
applicable to the nature and location of the licensees'
Be it enacted by the Legislature of West Virginia:
That sections thirty-six and thirty-seven, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-36. When license, related documents, and picture
identification to be carried; using license of another; transferring license to another.
Except as otherwise provided by law, No A person who is
required by this article to be licensed shall may not hunt, take,
pursue, trap for, kill, catch or chase for sport any wild animal or
wild bird; or fish for, take, kill or catch any fish or amphibians
of any kind whatsoever in this state unless he or she shall have on
his or her person: (1) A valid license issued to him or her, or
other proof that a valid license has been issued to him or her in
accordance with this article; (2) all applicable stamps, permits,
and written consents required by this article; (3) a driver's
license, passport, or picture identification issued to him or her
by his or her state of residence; and (4) a certificate of training
or other proof of hunter safety education as required by section
thirty-a of this article.
As an alternative to the identification required by subsection
(a)(3) of this section, the name, address and birthdate of a
licensee under the age of fifteen years may be established by the
averment of an accompanying licensed adult.
shall be is unlawful for any person to use at any time
any license other than those valid licenses legally issued to him
or her in accordance with this article.
(c) Except as expressly provided by this article, it is
unlawful for any person to transfer a license to any other person.
§20-2-37. Display of license, etc., by persons in possession of hunting, fishing, etc., paraphernalia.
Any person having in his or her possession in or near the
fields or woods, or about the streams of this state, any dog, gun,
fishing rod or other hunting, fishing or trapping paraphernalia,
shall, upon demand of any officer authorized to enforce the
provisions of this chapter, state his or her correct name and
address, and shall exhibit for inspection:
his license, if such
license is required by law, (a) All applicable licenses and
documents set forth in section thirty-six of this article; and (b)
all firearms and wildlife which he or she may have in his or her
Nothing in this section may be construed as authorizing
searches that violate article three, section six of the West
Virginia Constitution or the Fourth Amendment to the Constitution
of the United States, nor may anything in this section be construed
as effecting a waiver of these constitutional provisions.
NOTE: The purpose of this bill is to require licensees of
hunting and fishing licenses to carry and exhibit for inspection
proof of identity and all documents applicable to the nature and
location of the licensees' regulated activities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would