Enrolled Committee Substitute
House Bill 2795 History
OTHER VERSIONS -
HB2795 ENR SUB
H. B. 2795
(By Delegates Ferro, White, Varner, Talbott,
Pethtel, Phillips, Stowers, Hall, Kominar,
Klempa and Lawrence)
[Passed March 31, 2009; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §20-2-46f, relating
to wildlife resources; and creating a special hunting and
fishing license for persons with a life-threatening condition
who are under twenty-one years of age.
Be it enacted by the Legislature of West Virginia:
the Code of West Virginia, 1931, as amended, be amended,
by adding thereto a new section, designated §20-2-46f, to read as
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-46f. Class DT special hunting and fishing license for
persons with a life-threatening condition.
(a) A Class DT license is a special statewide hunting and
fishing license for residents of the State of West Virginia and
nonresidents, as permitted in subsection (e) of this section,
entitling the licensee to fish or hunt all legal species of game at
no charge, in accordance with the provisions of this section.
(b) A license form shall be furnished by the director to an
applicant who meets the following requirements:
(1) He or she has been diagnosed by a licensed physician with
a life-threatening condition; and
(2) He or she is under twenty-one years of age.
(c) A licensed physician must certify the applicant's life-
threatening condition by completing the license form. A "life-
threatening condition" means a terminal condition or illness that
according to current diagnosis has a high probability of death
within two years, even with treatment with an existing generally
accepted protocol. When completed, the license form constitutes a
Class DT license. The Class DT license and a completed license
application shall be submitted to the division, which will issue a
wallet sized card to the licensee. The card and all other
documents and identification required to be carried by this article
shall be in the licensee's possession when hunting or fishing.
(d) A Class DT license entitles the holder to hunt and fish
only under the following circumstances:
(1) The licensee is accompanied by a parent, guardian or, with
written consent of the parent or guardian, any other competent
adult at least twenty-one years of age;
(2) The individual assisting the licensee must hold a valid
fishing or hunting license appropriate to the situation;
(3) The licensee and the individual assisting observe all
other pertinent laws and regulations.
(e) The director shall provide licenses to nonresidents at no charge who:
(1) Meet the requirements of subsections (b) and (c) of this
(2) Are recommended by qualifying nonprofit organizations who
offer hunting and fishing experiences.
(f) The director shall 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 nonprofit organizations and the licensing process.