Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 2649

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Modifies the circumstances in which the crime of unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle does not apply.
Directs the Fish and Wildlife Commission (Commission) to enhance the fish, shellfish, and wildlife-related recreational opportunities for a person with a disability.
Directs the Commission to adopt rules governing the conduct of a person with a disability participating in fish, shellfish, and wildlife-related recreational activities,

Background:

Fish and Wildlife Enforcement Code.

Under the Fish and Wildlife Enforcement Code, a person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, if the person carries, transports, conveys, possesses, or controls a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle. This provision does not apply in certain circumstances, including where a person possesses a disabled hunter's permit and complies with all WDFW rules concerning hunting by persons with disabilities.

Hunting Opportunities for Persons with a Disability.

The Fish and Wildlife Commission must attempt to enhance the hunting opportunities for persons with a disability. The Commission must authorize the director of the Department of Fish and Wildlife to issue disabled hunter permits to persons with a disability.

Americans with Disabilities Act.

The Americans with Disabilities Act (ADA) is a federal law with the purpose of providing a clear and comprehensive national mandate for the elimination of discrimination against persons with disabilities.

Washington State Law Against Discrimination.

Under the Washington State Law Against Discrimination, the right to be free from discrimination because of certain protected status (such as race, national origin, sex, veteran or military status, sexual orientation, and disability) is considered a civil right.

Summary of Bill:

The provision in the Fish and Wildlife Enforcement Code concerning unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle does not apply if a person has been granted a disability designation by the Washington Department of Fish and Wildlife (WDFW) and complies with all WDFW rules concerning hunting by persons with disabilities.

The Fish and Wildlife Commission (Commission) must enhance the fish, shellfish, and wildlife-related recreational opportunities for a person with a disability. The Commission must authorize the director of WDFW to grant a disability designation to a person who meets eligibility criteria established by the Commission by rule. A person granted a disability designation is eligible for reasonable accommodations, as determined by the director of WDFW, in order to allow the person to participate in fish, shellfish, and wildlife-related recreational activities.

The Commission must adopt rules governing the conduct of a person with a disability participating in fish, shellfish, and wildlife-related recreational activities, and the conduct of companions permitted to assist such a person.