H. B. 2025
(By Delegate Ennis)
[Introduced
February 14, 2001
; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact section thirty-three, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
when county officials or authorized agents have issued a
hunting, trapping or fishing license and have assessed an
issuing fee, an issuing fee may not be subsequently assessed
if a person later purchases an additional stamp for that
license, so long as the stamp is purchased where the license
was initially purchased.
Be it enacted by the Legislature of West Virginia:
That section thirty-three, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-33. Authority of director to designate agents to issue
licenses; bonds; fees.
(a) The director may appoint, in addition to the clerk of the
county commission, agents to issue licenses under the provisions of
this article to serve the convenience of the public. Each person
appointed shall, before issuing any license, file with the director
a bond payable to the state of West Virginia, in the amount to be
fixed by the director, conditioned upon the faithful performance of
his or her obligation to issue licenses only in conformity with the
provisions of this article and to account for all license fees
received by him or her. The form of the bond shall be prescribed
by the attorney general. No person, other than those designated as
issuing agents by the director, shall sell licenses or buy the
licenses for the purposes of resale.
(b) Except when a license is purchased from a state official,
every person making application for a license shall pay, in
addition to the license fee prescribed for it in this article, an
additional fee of seventy-five cents to any county official issuing
the license and all fees collected by county officials shall be
paid by them into the general fund of the county treasury or, in
the case of an agent issuing the license, an additional fee of one dollar as compensation:
Provided, That only one fee of
seventy-five cents or one dollar shall be collected by county
officials or authorized agents, respectively, for issuing two or
more licenses at the same time for use by the same person or for
issuing combination resident statewide hunting, trapping and
fishing licenses:
Provided, however, That licenses may be issued
electronically in a manner prescribed by the director, and persons
purchasing electronically issued licenses may be assessed, in
addition to the license fee prescribed in this article, an
electronic issuance fee to be prescribed by the director:
Provided, further, That when a county official or authorized agent
has issued a license and assessed the respective fee of seventy-
five cents or one dollar, an issuing fee may not be subsequently
assessed if a person later purchases an additional stamp for that
license, so long as the stamp is purchased where the license was
initially purchased.
(c) In lieu of the license issuance fee prescribed in
subsection (b) of this section, the director shall propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, governing the
application for and issuance of licenses by telephone and other electronic methods.
NOTE: The purpose of this bill is to provide that where
county officials or authorized agents have issued a hunting,
trapping or fishing license and have assessed an issuing fee, an
issuing fee may not be subsequently assessed if a person later
purchases an additional stamp for that license, so long as the
stamp is purchased where the license was initially purchased.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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