H. B. 2837
(By Delegates Hrutkay, Butcher,
R. Thompson and Martin)
[Introduced February 3, 2003; 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 hunting licensing
and permits and clarifying the qualifications for eligibility
for a Class Q hunting license.
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
On and after the first day of January, one thousand nine
hundred eighty-two, A Class Q permit shall be is a special
statewide hunting permit for persons with limited mobility who are determined to be disabled under the provisions of the Americans
with Disabilities Act, 42 U.S.C.
12101 et seq.
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
has limited mobility and is determined to be disabled under the
provisions of the Americans with Disabilities Act, 42 U.S.C.
(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 promulgate
rules and regulations in compliance with the provisions of the
Americans with Disabilities Act, 42 U.S.C.
12101 et seq.
deems necessary to administer the qualifications and permitting of
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
NOTE: The purpose of this bill is to clarify the
qualifications of persons eligible to obtain a Class Q hunting
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would