H. B. 2243
(By Delegates Stemple, Spencer, Boggs and Pethtel)
[Introduced February 11, 2005; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §19-1A-3a of the Code of West Virginia,
1931, as amended, relating to removing the seasonal
restriction concerning when cultivated ginseng may be
harvested.
Be it enacted by the Legislature of West Virginia:
That §19-1A-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-3a. Providing criminal penalties for the illegal
possession of uncertified ginseng.
(a) The Division of Forestry of the Department of Commerce,
Labor and Environmental Resources shall have jurisdiction to
regulate the digging, possession and sale of native, wild or
cultivated ginseng: Provided, That the digging season for wild
or native or cultivated ginseng shall begin on the fifteenth day of August and end on the thirtieth day of November of each year unless
otherwise authorized by the director: Provided, however, That this
seasonal restriction does not apply to the harvesting of cultivated
ginseng. Ginseng dealers shall: (1) Obtain a ginseng dealer's
permit from the director; (2) keep on forms provided by the
director accurate records for all ginseng acquired showing the year
harvested, the date acquired by the dealer, county of origin,
weight and whether wild or cultivated; and (3) have all records and
all acquired ginseng inspected by the director at official ginseng
inspection stations for the purpose of certifying the dealer's
records and issuing a certificate documenting the inspection and
the weight of the ginseng. All ginseng dug in West Virginia must
be certified by the director before being transported or shipped
out of the State. No person shall have in his or her possession
uncertified green ginseng from the first day of April through the
fourteenth day of August.
(b) A person convicted of possession of uncertified green
ginseng from the first day of April through the fourteenth day of
August shall be punished as follows:
(A) First offense conviction. -- Upon a first offense
conviction:
(i) When the value of the ginseng is two hundred dollars or
less, the defendant is guilty of a misdemeanor and shall be fined
not more than four hundred dollars.
(ii) When the value of the ginseng exceeds two hundred
dollars, the defendant is guilty of a misdemeanor and shall be
fined not less than four hundred dollars, nor more than six hundred
dollars, and such fine may not be suspended; or the defendant shall
be imprisoned in the county jail not more than thirty days; or both
fined and imprisoned.
(B) Second offense conviction. -- Upon a second offense
conviction:
(i) When the value of the ginseng is two hundred dollars or
less, the defendant is guilty of a misdemeanor and shall be fined
not less than two hundred dollars nor more than six hundred
dollars, and such fine may not be suspended; or the defendant shall
be imprisoned in the county jail not more than sixty days; or both
fined and imprisoned.
(ii) When the value of the ginseng exceeds two hundred
dollars, the defendant shall be guilty of a misdemeanor and fined
not less than six hundred dollars, nor more than one thousand
dollars, and shall be imprisoned in the county jail for not less
than sixty days nor more than six months. At least thirty days
shall be spent in confinement and not subject to probation.
(C) Third offense conviction. -- Upon a third or subsequent
conviction, regardless of the value of the ginseng, the defendant
shall be guilty of a felony and shall be fined not less than six
hundred dollars nor more than six thousand dollars, and shall be imprisoned in the penitentiary a state correctional facility not
less than one year nor more than two years, or, be confined in the
county jail not more than one year.
NOTE: The purpose of this bill is to
remove the seasonal
restriction concerning when cultivated ginseng may be harvested.
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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