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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 2836 By Delegates Rohrbach, Hornby, Amos, Funkhouser, Browning, Chiarelli, Holstein, Bridges, Pritt, Pinson, and Dean [Originating in the Committee on Government Organization:
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 2836 BYD ELEGATESR OHRBACH, ORNBY , MOS , FUNKHOUSER , ROWNING, CHIAREL, HOLSTEI, BRIDGES, RITT, INSON,ANDD EAN [Passed April 11, 2025;
Reported March 24, 2025] Eng CS for HB 2836 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-2D-1, §20-2D-2, §20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6, §20-2D-7, §20-2D-8, and §20-2D-9, all relating to authorizing rehabilitation of wildlife, establishing a system for issuing permits for persons to provide rehabilitation of orphaned, sick, and injured wildlife;
in effect 90 days from passage (July 10, 2025)] Enr CS for HB 2836 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-2D-1, §20-2D-2, §20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6, §20-2D-7, §20-2D-8, and §20-2D-9, all relating to authorizing rehabilitation of wildlife, establishing a system for issuing permits for persons to provide rehabilitation of orphaned, sick, and injured wildlife;
Eng CS for HB 2836 (2) “Continuing education and training” means instruction, courses of instruction, study guides and other materials determined to be acceptable for use by wildlife rehabilitation permit holders to satisfy the requirements for renewal of permits upon expiration established by the Division of Natural Resources.
Enr CS for HB 2836 (2) “Continuing education and training” means instruction, courses of instruction, study guides and other materials determined to be acceptable for use by wildlife rehabilitation permit holders to satisfy the requirements for renewal of permits upon expiration established by the Division of Natural Resources.
(3)“Facilities” means equipment, housing, or other shelter used in, or necessary for, the rehabilitation of wildlife.
(3) “Facilities” means equipment, housing, or other shelter used in, or necessary for, the rehabilitation of wildlife.
(4)“Federal permit” means a permit for the rehabilitation of migratory birds issued by the United States Fish and Wildlife Service.
(4) “Federal permit” means a permit for the rehabilitation of migratory birds issued by the United States Fish and Wildlife Service.
Eng CS for HB 2836 (13) All other terms have the meaning prescribed in §20-1-2 et seq.
Enr CS for HB 2836 (13) All other terms have the meaning prescribed in §20-1-2 et seq.
(a) No person may keep, hold, or possess in captivity any orphaned, sick, or injured wildlife without receiving a wildlife rehabilitation permit issued by the director.
(a) No person may keep, hold, or possess in captivityany orphaned, sick, or injured wildlife without receiving a wildlife rehabilitation permit issued by the director.
(e) The director may limit the total number of permits which allow a person to rehabilitate wildlife that are issued in certain geographic areas of the state, if in the best interest of the wildlife resource, or if necessary to provide the most efficient management of the permitting process by the division.
(e) The director may limit the total number of permits which allow a person to rehabilitate wildlife that are issued in certain geographic areas of the state, if in the best interest of the wildlife Enr CS for HB 2836 resource, or if necessary to provide the most efficient management of the permitting process by the division.
Eng CS for HB 2836 (f) The director shall have the authority to promulgate emergency legislative rules and legislative rules pursuant to §29A-3-1 et seq.
(f) The director shall have the authority to promulgate emergency legislative rules and legislative rules pursuant to §29A-3-1 et seq.
(A) Be at least 18 years of age.
Enr CS for HB 2836 (A) Be at least 18 years of age.
Eng CS for HB 2836 §20-2D-5.
§20-2D-5.
(e) Euthanasia of wildlife shall be carried out by the most humane means possible under the direction of the permit holder’s consulting veterinarian according to criteria established by the American Veterinary Medical Association, the National Wildlife Rehabilitators Association, or the Eng CS for HB 2836 International Wildlife Rehabilitators Council.
Enr CS for HB 2836 (e) Euthanasia of wildlife shall be carried out by the most humane means possible under the direction of the permit holder’s consulting veterinarian according to criteria established by the American Veterinary Medical Association, the National Wildlife Rehabilitators Association, or the International Wildlife Rehabilitators Council.
(e) A permit holder may not practice veterinary medicine as defined by law unless he or she is actively licensed as a veterinarian in this state.
Enr CS for HB 2836 (e) A permit holder may not practice veterinary medicine as defined by law unless he or she is actively licensed as a veterinarian in this state.
Eng CS for HB 2836 (f) Permit holders may not transfer the possession of a wildlife to anyone except the Director, a designee of the Director, or another permitted wildlife rehabilitation facility.
(f) Permit holders may not transfer the possession of a wildlife to anyone except the Director, a designee of the Director, or another permitted wildlife rehabilitation facility.
(a) The director may revoke all or part of a permit when a permit holder has failed to comply with the provisions of this article, when necessary to protect the interests of the public, or to protect the interests of the wildlife under the permit holder’s care.
(a) The directormay revoke all or part of a permit when a permit holder has failed to comply with the provisions of thisarticle, when necessary to protect the interests of the public, or to protect the interests of the wildlife under the permit holder’s care.
(a) Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction therof, shall be fined not less than $500 nor more than $1000, which is not subject to suspension by the court, confined in jail not less than 10 nor more than 30 days, or both fined and confined.
(a) Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1000, which is not subject to suspension by the court, confined in jail not less than 10 nor more than 30 days, or both fined and confined.
Enr CS for HB 2836 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
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Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
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Governor 9
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