Senate Bill No. 575
(By Senators Bowman, McKenzie, Kessler and Edgell)
____________
[Introduced March 17, 2005; referred to the Committee
on Natural Resources.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §20-2-5g; and to
amend and reenact §20-2-46e of said code, all relating to
permitting persons with certain physical disabilities to use
a crossbow during a designated crossbow hunting season.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §20-2-5g; and
that
§20-2-46e be amended and reenacted
, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5g. 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 Q permit in
accordance with section forty-six-e of this article may, during designated crossbow hunting seasons, which are to take place during
the two weeks prior to the regular archery season, hunt with a
crossbow for species of wildlife designated by the Division of
Natural Resources.
(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) Longbows, recurve bows, modified bows and compound bows
may not be substituted for the crossbow during the special crossbow
season.
(d) Logan, McDowell, Mingo and Wyoming counties are excluded
from the special crossbow season.
(e) 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 what game
may be hunted, bag limits for said game, the times, places and
circumstances under which a crossbow may be used, including, but
not limited to, safety training requirements.
§20-2-46e. Class Q special hunting permit for disabled persons.
(a) A Class Q permit is a special statewide hunting permit entitling the permittee to hunt all legal species of game during
the designated hunting seasons from a motor vehicle in accordance
with the provisions of this section and entitling the permittee to
hunt using a crossbow pursuant to section five-g, article two,
chapter twenty of this code.
(b) A permit form shall be furnished by the Director to an
applicant who meets the following requirements:
(1) He or she is permanently disabled in the lower
extremities; and
(2) He or she holds a valid resident or nonresident statewide
hunting license, a senior citizens license or is otherwise exempt
from the license requirement.
(c) A licensed physician must certify the applicant's
permanent disability by completing the permit form. When
completed, the permit form constitutes a Class Q permit. The Class
Q permit and a completed license application shall be submitted to
the Division, which will issue a wallet sized card to the
permittee. The card and all other documents and identification
required to be carried by this article shall be in the permittee's
possession when hunting.
(d) A Class Q permit entitles the holder to hunt from a motor
vehicle and, notwithstanding the provisions of subdivision (9),
section five of this article, to possess a loaded firearm in a
motor vehicle, but only under the following circumstances:
(1) The motor vehicle is stationary;
(2) The engine of the motor vehicle is not operating;
(3) The permittee is the only occupant of the vehicle;
(4) The vehicle is not parked on the right-of-way of any
public road or highway; and
(5) The permittee observes all other pertinent laws and
regulations.
(e) The Director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code setting forth the qualifications of
applicants and the permitting process.
NOTE: The purpose of this bill is to provide for a special
crossbow hunting season for persons holding a class Q hunting
license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§20-2-5g is new; therefore, strike-throughs and underscoring
have been omitted.