COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 9

(By Senators Bailey and Love)

____________

[Originating in the Committee on Education;

reported February 6, 2008.]

____________


A BILL to amend and reenact §18-2-8a of the Code of West Virginia, 1931, as amended, relating to mandating that a voluntary hunter safety orientation program be made available as a part of certain physical education classes; requiring the State Board of Education to promulgate a rule to establish and implement the program; and providing that a student who completes the program is certified to obtain a hunting license.

Be it enacted by the Legislature of West Virginia:

That §18-2-8a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-8a. Hunter safety orientation program.

(a) The Legislature finds that:

(1) Firearms and hunting are important parts of West Virginia's history, culture and economy;
(2) Unfortunately, the use of firearms while hunting or at any other time can be dangerous when the firearms are not handled in a careful and safe manner; and
(3) Therefore, at least the opportunity of participating in a hunter safety orientation program should be offered to students in certain grades.
(b) The State Board of Education may shall, with the advice of the State Superintendent of Schools and the Director of the Division of Natural Resources, promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code prescribe an that establishes and implements a hunter safety orientation program for use in the public schools of this state. in the safety of firearms. The rule shall include at least the following provisions:
(1)
The hunter safety orientation program shall be offered over a two-week period during the school year as part of physical education classes offered to students in the eighth through twelfth grades;
(2) The hunter safety orientation program shall be voluntary to students in that any student may choose not to participate in the program, but if a student chooses not to participate in the program, he or she shall participate in another physical education activity;
(3) The hunter safety orientation program shall deal with include instruction about:
(A)
The protection of lives and property against loss or damage as a result of improper use of firearms; and
(B) The orientation program shall also include instruction about The proper use of firearms in hunting, sport competition and care and safety of firearms in the home; and
(4) The hunter safety orientation program may utilize use materials prepared by any national nonprofit membership organization which has as one of its purposes the training of people in marksmanship and the safe handling and use of firearms.
(c) The county superintendent may shall arrange for such implement the hunter safety orientation program in the safety of firearms and its use in accordance with the rule required by this section in each school in the county that includes any of grades eight through twelve.
(d) Upon completion of the hunter safety orientation program, a student is certified to obtain a hunting license.

__________

FINANCE COMMITTEE AMENDMENTS

On page two, section eight-a, line twenty-five, by striking out the word "about" and inserting in lieu thereof the words "relating to";
On page three, section eight-a, line one, after the words "result of" by inserting the word "the";
On page three, section eight-a, line three, after the word "and" by inserting the word "the";
And,
On page three, section eight-a, lines fourteen and fifteen, by striking out all of subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:
(d) The Division of Natural Resources shall issue a certificate of training, required by section thirty-a, article two, chapter twenty of this code, to any student who completes the hunter safety orientation program.