SB 424 — Allowing developmentally disabled person purchase base hunting license free of charge

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Red = new code to be enacted WEST virginia Legislaturelegislature regular session IntroducedCommittee Substitute for Senate Bill 424 By Senators Maynard, Cline, and Boso [Introduced[Originating Januaryin 30,the 2018;Committee on Natural Resources;

ReferredReported on February 14, 2018]     A BILL  to amend and reenact §20-2-30a of the CommitteeCode onof NaturalWest Resources;Virginia, 1931, as amended, relating to providing a lawful method for a developmentally disabled person to obtain a base hunting license free of charge;

andproviding thenissuance to the Committee on the Judiciary] A BILL  to amend and reenact §20-2-30a of themodified Codecertificate of Westtraining Virginia, 1931, as amended, relating to a lawful method for a developmentally disabled personpersons; 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 thatrequirements thefor developmentallyissuance disabledof personmodified possessingcertificate theof basetraining huntingto licensefor maydevelopmentally huntdisabled whenpersons; accompanied and directly supervised by a person over the age of 18 years;

providing definition of “developmentally disabled”;

providing issuance of base hunting license to developmentally disabled persons who have modified certificate issued by the Division of Natural Resources;

providing requirements for application for modified certificate of training;

requiring that no developmentally disabled person holding a base license issued under a modified certificate of training may hunt or trap unless accompanied and directly supervised by an adult at least 18 years of age who may lawfully hunt in this state;

providing all licenses and stamps issued by the Division of Natural Resources held by such adult shall apply to the developmentally disabled  person while accompanied and directly supervised by such adult;

requiring that person obtaining a license under a modified certificate of training must attend an on-site hunter training course and successfully complete all nonwritten aspects of the course to receive a certificate;

Provided, That after January 1, 2013, a person may be issued a Class AH, Class AHJ, Class AAHAAH, and Class AAHJ apprentice hunting and trapping license pursuant to the provisions of §20-2-42y of this code and is exempt from the hunter training requirements set forth herein:

Provided however, That a developmentally disabled person seeking a base hunting license must attend the on-site hunter training course and must successfully complete all nonwritten aspects of the course to receive a modified certificate of training if that person'sperson’s developmental disability affects his or her ability to undertake a written test.

Provided, That any person holding a Class A-L or AB-L lifetime resident license obtained prior to his or her 15thfifteenth birthday shall be required to obtain a certificate of training as provided in this section before hunting or trapping pursuant to said license.

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§20-2-30a(a) (a)0of of this section.code.

(d) It is unlawful for any person to falsify, alter, forge, counterfeitcounterfeit, or utter a certificate of training.

(f)(f)(1) (1) Notwithstanding the provisions of subsection§20-2-30a(a) (a) of this section,code, a base hunting license may be issued to any person who has a developmental disability and who has a modified certificate of training issued by the division authorizing the person to purchaseobtain a base hunting license.license free of charge.

For purposes of this subsection “developmentally disabled” has the same meaning as prescribed in §20-2-28i§20-2-28(j) of this code.

(2) As part of the application process for a license purchase 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 and the Secretary of the Department of Health and Human Resources indicating that the person is:

(3) A person with a license purchaseobtained modifiedpursuant certificateto §20-2-30a(f)(1) of trainingthis code may not hunt or trap unless he or she is in possession of all other required documentation and stamps 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.chapter:

ForProvided, purposesThat ofall thislicenses subsection,and “accompaniedstamps issued by the division to the adult accompanying and directlysupervising supervised”the meansholder thatof a personlicense maintainsobtained apursuant closeto visual§20-2-30a(f)(1) andof verbalthis contactcode with,shall providesbe adequatedeemed directionto apply to andsuch canperson assumefor controlall ofactivities theundertaken firearmby fromsuch theperson developmentallywhile disabledhe person.or she is accompanied and supervised by the licensed adult:

Provided, however, That the division shall charge no additional fee to the holder of the license obtained pursuant to §20-2-30a(f)(1) of this code or to the licensed adult accompanying and supervising such person:

Provided, further, That for purposes of this subsection, “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 from the developmentally disabled person.

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The purpose of this bill is to allow persons with developmental disabilities to receive a base hunting license and to satisfy the training requirements through a modified training course.

This bill also authorizes person with developmental disabilities to lawfully hunt while accompanied and directly supervised by another hunter, and provides criminal penalties for violation of this subsection.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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