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ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 9
(Senators Bailey and Love, original sponsors)
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[Passed March 8, 2008; in effect ninety days from passage.]
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AN ACT to amend and reenact §18-2-8a of the Code of West Virginia,
1931, as amended, relating to hunter safety orientation
programs in the public schools; providing for state board
rule; minimum requirements; permissive implementation; and
certification of program completers.
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, the opportunity of participating in a hunter
safety orientation program should be offered to students in certain
grades.
(b) The State Board of Education 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
for the implementation of a hunter safety orientation program for
use in the public schools of this state. The rule shall include at
least the following provisions:
(1) The hunter safety orientation program may
be offered to
students in any of the grade levels sixth through twelfth grades
over a two-week period during the school year as part of physical
education classes, or as part of the general curriculum offered to
students in any of these grade levels, or at the end of the school
day;
(2) The hunter safety orientation program is voluntary to
students and any student may choose not to participate in the
program. If a student chooses not to participate in the program,
he or she shall participate in another education activity;
(3) The hunter safety orientation program shall include
instruction relating to:
(A) The protection of lives and property against loss or
damage as a result of the improper use of firearms; and
(B) The proper use of firearms in hunting, sport competition
and the care and safety of firearms in the home;
(4) The hunter safety orientation program may 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; and
(5) The hunter safety orientation program
shall be conducted
by an instructor certified by the Division of Natural Resources or
who has other training necessary to conduct
the program as
determined by the state board.
(c) The county superintendent may implement the hunter safety
orientation program in accordance with the rule required by this
section in each school in the county that includes any of grades
six through twelve at which, in the sole judgement of the
superintendent, sufficient student interest in program enrollment
justifies the program offering and an appropriately certified
instructor is available.
(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.
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