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Engrossed Version Senate Bill 389 History

OTHER VERSIONS  -  Committee Substitute (1)  |  Introduced Version  |     |  Email


WEST virginia legislature

2019 regular session

Engrossed

Committee Substitute

for

Senate Bill 389

Senators Maynard, Beach, Cline, and Hamilton, original sponsors

[Originating in the Committee on Natural Resources; Reported on January 30, 2019]

 

 

A BILL to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended, relating to a lawful method for a developmentally disabled person to purchase a base hunting license when that person attends an on-site hunter training course and successfully completes all nonwritten aspects of the course to receive a certificate but is unable to successfully complete the required course for the certificate of training; providing that said developmentally disabled person possessing the base hunting license may hunt when accompanied and directly supervised by a person 18 years of age or older; and providing for criminal penalties.

Be it enacted by the Legislature of West Virginia:


ARTICLE 2. WILDLIFE RESOURCES.


§20-2-30a. Certificate of training; falsifying, altering, forging, counterfeiting, or uttering training certificate; modified certificate of training; penalties.

(a) Notwithstanding any other provisions of this article, no base hunting license may be issued to any person who was born on or after January 1, 1975, unless the person submits to the person authorized to issue hunting licenses a certificate of training as provided in this section or proof of completion of any course which that promotes as a major objective safety in the handling of firearms, and of bow and arrows archery tackle, and the use of tree stands and which course is approved by the Hunter Education Association or the director. or provides a State of West Virginia  A resident or nonresident may show a State of West Virginia hunting license from the previous hunting season that displays a certification of training, or attests they may attest that a hunter training course has been completed when purchasing a license or stamp online; Provided, That after January 1, 2013 however, a person may be issued a Class AH, Class AHJ, Class AAH, and Class AAHJ apprentice hunting and trapping license pursuant to the provisions of §20-2-42y of this code and is exempt from without completing the hunter training requirements set forth herein.

(b) (1) The director shall establish a course in the safe handling of firearms of bows and arrows archery tackle, and the use of tree stands such as the course approved by the Hunter Education Association. This course shall be given at least once per year in each county in this state and shall be taught by instructors certified by the director. In establishing and conducting this course, the director may cooperate with any reputable association or organization which promotes as a major objective safety in the handling of firearms, of bows and arrows archery tackle, and the use of tree stands. Provided, That

(2) any A person holding a Class A-L or AB-L lifetime resident license obtained prior to his or her 15th birthday shall be required to obtain a certificate of training as provided in this section before hunting or trapping pursuant to said license. This course of instruction shall be offered without charge, except for materials or ammunition consumed. Upon satisfactory completion of the course, each person instructed in the course shall be issued a certificate of training for the purposes of complying with the requirements of subsection (a) of this section. The certificate shall be in the form prescribed by the director and shall be valid for hunting license application purposes.

(c) (1) Upon satisfactory completion of this course, any person whose hunting license has been revoked for a violation of the provisions of this chapter may petition the director for a reduction of his or her revocation time; however, under no circumstances may the time be reduced to less than one year.

(2) Successful completion of this course shall be required to consider the reinstatement of a hunting license of any person whose license has been revoked due to a conviction for negligent shooting of a human being or of livestock under the provisions of §20-2-57 of this code, and who petitions the director for an early reinstatement of his or her hunting privileges. Such a petitioner shall also comply with the other requirements for consideration of reinstatement contained in §20-2-38 of this code.

(d) It is unlawful for any person to falsify, alter, forge, counterfeit, or utter a certificate of training or a modified certificate of training.  Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or confined in jail for a period not to exceed one year, or both fined and imprisoned.

(e) Nothing herein contained shall This section does not mandate that any a county school district in the state be responsible for implementing hunter safety education programs.

(f) (1) Notwithstanding the provisions of subsection (a) of this section, a base hunting license may be issued to any person who has a developmental disability whose disability affects his or her ability to undertake a written test. The developmentally disabled person must attend an on-site hunter training course and must successfully complete all nonwritten aspects of the course to receive a modified certificate of training to purchase a base hunting license. For purposes of this subsection, “developmentally disabled” has the same meaning as prescribed in §20-2-28i of this code.

(2)  As part of the application process for a license purchased under a modified certificate of training, a person with a developmental disability shall present to the division a written application form furnished by the director and signed by a licensed physician indicating that the person is:

(A) Unable to successfully complete a standard written test administered as part of the hunter training course;

(B) At all times capable of understanding and following directions given by another person; and

(C) Not a danger to himself or herself or others while engaged in hunting.

(3) After providing an initial signature, the licensed physician may, at his or her discretion, require the developmentally disabled person to be reexamined or otherwise redetermined to qualify as required by this section. 

(A) The director shall promulgate rules for issuing a temporary modified certificate of training for developmentally disabled individuals who have a potentially progressive illness.

(B) In no event may a physician be held liable for criminal or civil acts of a developmentally disabled person who obtains a modified certificate of training.

(4) A person with a license purchased under a modified certificate of training shall not hunt or trap unless he or she is in possession of the modified certificate of training in addition to all license and documents or other lawful authorizations as prescribed in §20-2-37 of this code and is  accompanied and directly supervised by an adult 18 years of age or older who either possesses a valid West Virginia hunting license or has the lawful privilege to hunt pursuant to the provisions of this chapter. For purposes of this subdivision, “accompanied and directly supervised” means that a person maintains a close visual and verbal contact with, provides adequate direction to, and can assume control of the firearm, bow, or crossbow from the developmentally disabled person.

(5) Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the punishment and penalties prescribed in §20-7-9 of this code.

 

 

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