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Introduced Version House Bill 3048 History

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hb3048 intr
H. B. 3048


(By Mr. Speaker, Mr. Kiss, and Delegates

Michael, Beach and Tabb)

[Introduced March 15, 2005 ; referred to the

Committee on Agriculture and Natural Resources then the Judiciary.]



A BILL to repeal §20-2-39, §20-2-40, §20-2-40b, §20-2-41, §20-2-43, §20-2-44a, §20-2-45, §20-2-46b, §20-2-46c, §20-2-46d, §20-2-46f, §20-2-46g, §20-2-46i, §20-2-46j, §20-2-46k, §20-2-46l, §20-2-46m and §20-2-63 of the Code of West Virginia, 1931, as amended; to amend and reenact §20-2-30a, §20-2-33, §20-2-44 and §20-2-44b of said code; to amend said code by adding thereto twenty-three new sections, designated §20-2- 42, §20-2- 42 a, §20-2- 42 b, §20-2- 42 c, §20-2- 42 d, §20-2- 42 e, §20-2- 42 f, §20-2- 42 g, §20-2- 42 h, §20-2- 42 i, §20-2- 42 j, §20-2- 42 k, §20-2- 42 l, §20-2- 42 m, §20-2- 42 n, §20-2- 42 o, §20-2- 42 p, §20-2- 42 q, §20-2- 42 r, §20-2- 42 s, §20-2- 42 t, §20-2- 42 u and §20-2- 42 v; and to amend and reenact §20-2B-6, §20-2B-7, §20-2B-8, §20-2B-9 and §20-2B-10 of said code, all relating to the restructuring of the hunting and fishing license system; increasing fees; providing an effective date; creating a system to index fees to the Consumer Price Index; and providing for requirements for certification of training.

Be it enacted by the Legislature of West Virginia:

That §20-2-39, §20-2-40, §20-2-40b, §20-2-41, §20-2-43, §20-2-44a, §20-2-45, §20-2-46b, §20-2-46c, §20-2-46d, §20-2-46f, §20-2-46g, §20-2-46i, §20-2-46j, §20-2-46k, §20-2-46l, §20-2-46m and §20-2-63 of the Code of West Virginia, 1931, as amended, be repealed; that §20-2-30a, §20-2-33, §20-2-44 and §20-2-44b of said code be amended and reenacted; that said code be amended by adding thereto twenty-three new sections, designated §20-2- 42, §20-2- 42 a, §20-2- 42 b, §20-2- 42 c, §20-2- 42 d, §20-2- 42 e, §20-2- 42 f, §20-2- 42 g, §20-2- 42 h, §20-2- 42 i, §20-2- 42 j, §20-2- 42 k, §20-2- 42 l, §20-2- 42 m, §20-2- 42 n, §20-2- 42 o, §20-2- 42 p, §20-2- 42 q, §20-2- 42 r, §20-2- 42 s, §20-2- 42 t, §20-2- 42 u and §20-2- 42 v ; and that §20-2B-6, §20-2B-7, §20-2B-8, §20-2B-9 and §20-2B-10 of said code be amended and reenacted, all to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-30a. Certificate of training; falsifying, altering, forging, counterfeiting or uttering training certificate; penalties.

(a) Notwithstanding any other provisions of this article, no hunting license or stamp may be issued to any person who was born on or after the first day of January, one thousand nine hundred seventy-five, unless the person submits to the person authorized to issue hunting licenses a certificate of training as provided for in this section or proof of completion of any course which promotes as a major objective safety in the handling of firearms and of bow and arrows and which course is approved by the hunter education association or the Director, or provides a State of West Virginia resident or nonresident hunting license from the previous hunting season that displays a certification of training.
(b) The Director shall establish a course in the safe handling of firearms and of bows and arrows, such as the course approved by the hunter education association. This course shall be given at least once per year in each county in this state and shall be taught by instructors certified by the Director. In establishing and conducting this course, the Director may cooperate with any reputable association or organization which promotes as a major objective safety in the handling of firearms and of bows and arrows: Provided, That any person holding a Class A-L or AB-L lifetime resident license obtained prior to his or her fifteenth birthday shall be required to obtain a certificate of training as provided for in this section before hunting or trapping pursuant to said license. This course of instruction shall be offered without charge, except for materials or ammunition consumed. 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 (a) of this section. The certificate shall be in the form prescribed by the Director and shall be valid for hunting license application purposes.
(c) (1) Upon satisfactory completion of this course, any person whose hunting license has been revoked for a violation of the provisions of this chapter may petition the Director for a reduction of his or her revocation time. However, under no circumstances may the time be reduced to less than one year.
(2) Successful completion of this course shall be required to consider the reinstatement of a hunting license of any person whose license has been revoked due to a conviction for negligent shooting of a human being or of livestock under the provisions of section fifty-seven of this article or of section eleven, article seven, chapter sixty-one of this code, and who petitions the Director for an early reinstatement of his or her hunting privileges. Such a petitioner shall also comply with the other requirements for consideration of reinstatement contained in section thirty-eight of this article.
(d) It is unlawful for any person to falsify, alter, forge, counterfeit or utter a certificate of training. Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, or confined in jail for a period not to exceed one year, or both fined and imprisoned.
(e) Nothing herein contained shall mandate that any county school district in the state be responsible for implementing hunter safety education programs.
§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, may sell licenses or buy licenses for the purpose 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 in this article, an additional fee of three dollars to any county official issuing the license and all fees collected by county officials must 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 three dollars as compensation: Provided, That only one issuing fee of three dollars may 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 a person with a lifetime license or a person who has paid the original additional fee of three dollars to a county official or issuing agent for a license shall only be charged an additional fee of one dollar as additional compensation when subsequently purchasing an additional license from a county official or issuing agent: Provided further, That the Director shall propose rules for legislative approval from, in accordance with article three, chapter twenty-nine-a of this code, increasing the license issuance fee: And provided further, 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.
(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.
(d) The Director may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code governing the management of issuing agents.
§20-2-44. Free fishing days.

The Director may designate up to two days each year as free sport fishing days. On a designated free fishing day, an individual is entitled to fish for all legal fish in all counties of the state without having a Class B, Class F, Class I or Class O valid West Virginia fishing license and without the payment of any license fee, subject to the same privileges and restrictions applicable to a holder of any such license.
§20-2-44b. Bear damage stamp; proceeds to be paid into bear damage fund; purposes, etc.

Any hunter licensed To hunt bear in this state, a licensed hunter shall have, in addition to a hunting license of either Class A, A-L, AB-L, X or AB XJ, in the case of a resident, or a Class C or E, EE, L, LL or M, in the case of a nonresident, have a bear damage stamp which shall be issued by the department Division of Natural Resources. and which shall be sold at places where hunting and fishing licenses are sold The base fee for a bear damage the stamp shall be four is ten dollars and but is subject to increase in relation to an increase in the Consumer Price Index (All Items). All proceeds from the sale of such stamps shall be paid into the bear damage fund which shall be maintained by the department Division of Natural Resources for the purposes of paying claims of property owners for damages to real and personal property caused by acts of bear and to cover the expense of hunting, capturing and removing offending bear to remote areas black bear research programs within the state. This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42. Class A resident hunting and trapping license.
A Class A license is a resident hunting and trapping license and entitles the licensee to hunt and trap all legal species of wild animals and wild birds in all counties of the state, except that the licensee may not hunt deer during the deer archery and muzzleloader seasons, or black bear, wild turkey or wild boar during the respective seasons, and except as prohibited by rules of the Director or Natural Resources Commission and when additional licenses, stamps or permits are required. It shall be issued only to residents or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of thirty consecutive days or more immediately prior to the date of their application for a license. The base fee for the license is eighteen dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This is a base licenseand does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42a. Class B resident fishing license.
A Class B license is a resident fishing license and entitles the licensee to fish for all legal fish except trout and to take frogs in all counties of the state, except as prohibited by rules of the Director or Natural Resources Commission and when additional licenses, stamps or permits are required. It shall be issued only to residents or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of thirty consecutive days or more immediately prior to the date of their application for a license. The base fee for the license is eighteen dollars, but is subject to Increase in relation to an increase in the Consumer Price Index (All Items). To fish for trout, a Class B license holder must purchase and carry a valid Class 0 stamp or Class OWL license. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42b. Class C courtesy statewide hunting and fishing license.

A Class C license is a courtesy hunting and fishing license and entitles the licensee to hunt and fish in all counties of this state. It may be issued by the Director upon application made to him or her and without fee to:
(1)Members and agents of the United States Fish and Wildlife Service;
(2)Members of State Commissions of other states extending similar courtesies;
(3)Diplomatic and consular representatives of foreign countries;
(4)Persons engaged in scientific wildlife research;
(5)Nonresident outdoor writers and other nonresidents engaged in promoting an interest in the Natural Resources of the State of West Virginia.
Not more than one hundred courtesy licenses shall be issued in one year. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42c. Class E nonresident hunting and trapping license.
A Class E license is a nonresident hunting and trapping license and entitles the licensee to hunt and trap all legal species of wild animals and wild birds in all counties of the state except as prohibited by rules of the Director or Natural Resources Commission and except when other licenses, stamps or permits are required. The base fee for the license is one hundred ten dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42d. Class EE nonresident bear hunting license.
A Class EE license is a nonresident bear hunting, license and entitles the licensee to hunt bear in all counties of the state, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required. The base fee for the license is one hundred fifty dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42e. Class F nonresident fishing license.
A Class F license is a nonresident fishing license and entitles the licensee to fish for all legal fish except trout and to take frogs, in all counties of the state except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required. The base fee for the license is thirty-five dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). To fish for trout, a Class F license holder must purchase and carry a valid Class 00 trout stamp. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42f. Class H nonresident small game hunting license.
A Class H license is a nonresident small game hunting license
and entitles the licensee to hunt small game in all counties of the state, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required, for a period of six consecutive days chosen by the licensee, excluding Sunday in counties closed to Sunday hunting. The base fee for the license is twenty-five dollars, but is subject to increase in relation to an increase in the Consumer
Price Index (All Items). This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42g. Class J nonresident small game shooting preserve license.

A Class J license is a nonresident small game shooting preserve license and entitles the licensee to hunt small game on designated shooting preserves, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required, for a period of six consecutive days chosen by the licensee, excluding Sunday in counties closed to Sunday hunting. The base fee for the license is ten dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42h. Class LL nonresident one-day fishing license.
A Class LL license is a nonresident fishing license and entitles the licensee to fish for all legal fish except trout and to take frogs in all counties of the state for the calendar date chosen by the buyer and which will be specified on the license, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required. To fish for trout, a Class LL licensee must purchase and carry a valid Class 00 trout stamp. The base fee for the license is three dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42i. Class X resident hunting, fishing and trapping license.

A Class X license is a resident hunting, fishing and trapping license and entitles the licensee to hunt and trap for all legal species of wild animals and wild birds, to fish for all legal species of fish except trout and to take frogs in all counties of the state, except as prohibited by the rules of the Director or Natural Resources Commission and when additional licenses, stamps or permits are required. No additional fees shall be required of Class X licensees for a Class CS stamp. To fish for trout, a Class X licensee must purchase and carry a valid Class 0 stamp or Class 0-L license. The Class X license shall be issued only to residents
or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of thirty consecutive days or more immediately prior to the date of their application for a license. The base fee for the license is thirty-six dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). The portion of the Class X license fee equal to the annual fee for the CS stamp shall be designated as conservation stamp revenue and expended pursuant to section nine, article two-b of this code. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42j. Class XJ resident junior and Class XXJ nonresident junior hunting, fishing and trapping license.

A Class XJ license is a resident junior hunting, fishing and trapping license and a Class XXJ license is a nonresident junior hunting, fishing and trapping license. These licenses entitle the licensee to hunt and trap for all legal species of wild animals and wild birds, to fish for all legal species of fish except trout and to take frogs in all counties of the state, except as prohibited by the rules of the Director or Natural Resources Commission and when additional licenses, stamps and permits are required. No additional fees are required of Class XJ licensees for a Class CS stamp. No additional fees are required of Class XXJ licensees for Class I, UU, VV or WW stamps. To fish for trout, Class XJ or XXJ licensees must purchase and carry a valid Class 0 or 00 stamp or 0- L license. The Class XJ license may be issued only to a resident who has not reached his or her eighteenth birthday and is otherwise required by section twenty-seven of this article to purchase a license. The Class XXJ license may be issued to a nonresident who has not reached his or her eighteenth birthday and is at least eight years old and is otherwise required by section twenty-seven of this article to purchase a license. The base fee for the Class XJ license is fifteen dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). The portion of the Class XJ license fee equal to the annual fee for the CS stamp shall be designated as conservation stamp revenue and expended pursuant to section nine of article two-b. The base fee for the Class XXJ license is fifteen dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). In addition to buying a Class XXJ license, a nonresident must purchase a Class CS/LE stamp as required in section ten of article two-b. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.
§20-2-42k. Class A-l small arms hunting stamp.
Notwithstanding the provisions of section two, article seven, chapter sixty-one of this code, a Class A-l stamp is a small arms hunting stamp. To be eligible to get a Class A-l stamp, a person must be legally able to possess a firearm. If a person is otherwise qualified, a Class A-l stamp may be issued to a person twenty-one years of age or older who holds a valid resident or nonresident hunting license, or to a person who is a resident sixty-five years of age or older, but a Class A-l stamp shall never be issued to a person who has been convicted of a misdemeanor associated with the use of firearms or dangerous weapons or who has been convicted of a felony. A Class A-l stamp entitles the licensee to hunt, as otherwise permitted by the provisions of this chapter, but only during small game and big game seasons as established annually by the Director, with either a revolver or pistol which has a barrel at least four inches in length. Unless otherwise permitted by the Code of West Virginia, a Class A-1 stamp entitles the licensee to carry or have in his or her possession only one revolver or pistol when going to and from his or her home or residence and a place of hunting and while hunting: Provided, That the Class A-l stamp shall not be valid unless the licensee has in his or her possession a valid resident or nonresident hunting license or is a resident sixty-five years of age or older: Provided, however, That at all times, when not actually hunting, the revolver or pistol shall be unloaded. While hunting, the licensee shall carry the revolver or pistol in an unconcealed and easily visible place. The base fee for the stamp is eight dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). A lifetime Class A-1 stamp may be issued to anyone otherwise qualified and holding a valid Class A-L or AB-L license or to a resident sixty-five years of age or older. The lifetime Class A-1 stamp will be issued in a form prescribed by the Director. The fee for a lifetime Class A-I stamp is seventy-five dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items) All fees collected for the issuance of the Class A-l and lifetime Class A-l stamps shall be deposited in the State Treasury and credited to the law-enforcement section of the Division of Natural Resources. The fees collected shall be paid out of the State Treasury on order of the Director and used solely for law-enforcement purposes. Any person convicted of a misdemeanor associated with the use of firearms or dangerous weapons or convicted of a felony, or any person who becomes legally unable to possess a firearm shall immediately surrender the stamp to the Division of Natural Resources. A holder of a Class A-l or lifetime Class A-l stamp is required to purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-421. Class I nonresident national forest hunting, trapping and fishing stamp.

A Class I stamp is a nonresident national forest hunting, trapping and fishing stamp and entitles the licensee, when within
national forest land in West Virginia, to hunt legal species in season; to trap fur-bearing animals in season; and to fish in the waters therein. The stamp shall be issued only to a nonresident holding a Class E, EE, F, H or LL license. The base fee for the stamp is two dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42m. Class N resident and Class NN nonresident antlerless
deer hunting stamp.
A Class N stamp is a resident deer hunting stamp for antlerless deer. A Class NN stamp is a nonresident deer hunting stamp for antlerless deer. These stamps entitle the licensee to hunt and take antlerless deer of either sex during the Class N season. The base fee for a Class N stamp is ten dollars and the base fee for a Class NN stamp is twenty-five dollars, but are subject to increase in relation to an increase in the Consumer Price Index (All Items). Class N and NN stamps may be issued only for the purpose of removing antlerless deer when the Director determines it essential for proper management of the wildlife resources. The Director shall establish rules governing the issuance of the Class N and NN stamps as deemed necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the Director determines it essential that a Class N or NN season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in section seventeen, article one of this chapter. Bona fide resident landowners or their resident children, or resident parents, bona fide resident tenants of such land and bona fide resident stockholders of resident corporations which are formed for the primary purpose of hunting or fishing and which are the fee simple owners of no less than one thousand acres of land upon which the antlerless deer may be hunted are not required to have a Class N stamp in their possession while hunting antlerless deer on their own land during the Class N season. A resident hunter, including those not required to purchase a license pursuant to section twenty-seven of this article, must purchase and carry a valid Class N stamp. A nonresident hunter must purchase and carry a valid Class NN stamp. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42n. Class 0 resident and Class 00 nonresident trout fishing stamp.

A Class 0 stamp is a resident trout fishing stamp. A Class 00 stamp is a nonresident trout fishing stamp. These stamps entitle the licensee to fish for trout in all counties of the state, except as prohibited by rules of the Director or Natural Resources Commission. The base fee for a Class 0 stamp is ten dollars and the base fee for a Class 00 stamp is fifteen dollars, but are subject to increase in relation to an increase in the Consumer Price Index (All Items). The revenue derived from the sale of these stamps shall be deposited in the State Treasury and credited to the Division of Natural Resources and shall be used and paid out, upon order of the Director, for state trout program expenses. These stamps, issued in a form prescribed by the Director, shall be in addition to a Class AB-L, B, B-L, F, LL, X, XJ or XXJ license or Class Q permit. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42o. Class RG resident and Class RRG nonresident gun deer hunting stamp for an additional deer.

The Director has the authority to issue a Class RG resident and a Class RRG nonresident gun deer hunting stamp when deemed essential for the proper management of the wildlife resources. These stamps allow the licensee to hunt and take an additional deer as designated by the Director. The base fee for a Class RG stamp is twenty dollars and the base fee for a Class RRG stamp is forty dollars, but are subject to increase in relation to an increase in the Consumer Price Index (All Items). The Director shall promulgate legislative rules in accordance with article three, chapter twenty-nine-a of this code governing the issuance and use of these stamps. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§2O-2-42p. Class RB resident and Class RRB nonresident archery deer hunting stamp for an additional deer.

The Director has the authority to issue a Class RB resident and a Class RRB nonresident archery deer hunting stamp when deemed essential for the proper management of the wildlife resources. This stamp allows the licensee to hunt and take an additional deer as designated by the Director. The base fee for a Class RB stamp is twenty dollars and the base fee for a Class RRB stamp is thirty-five dollars, but are subject to increase in relation to an increase in the Consumer Price Index (All Items). The Director shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code governing the issuance and use of these stamps. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42q. Class RM resident and Class RRM nonresident muzzleloader deer hunting stamp for an additional deer.

The Director shall have the authority to issue a Class RM resident and a Class RRM nonresident muzzleloader deer hunting stamp when deemed essential for the proper management of the wildlife resources. These stamps allow the licensee to hunt and take an additional deer as designated by the Director. The base fee for a Class RM stamp is fifteen dollars and the base fee for a Class RRM stamp is thirty-five dollars, but are subject to increase in relation to an increase in the Consumer Price Index (All Items). The Director shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code governing the issuance and use of these stamps. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42r. Class UU nonresident archery deer hunting stamp.
A Class UU stamp is a nonresident archery deer hunting stamp and entitles the licensee to hunt and take deer with a bow during the archery deer season in all counties of the state, except as prohibited by the rules of the Director or Natural Resources Commission. The base fee for a Class WU stamp is thirty dollars,
but is subject to increase in relation to an increase in the Consumer Price Index (All Items). The stamp issued in a form prescribed by the Director, shall be in addition to a Class E license. This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42s. Class VV nonresident muzzle-loading deer hunting stamp.
A Class VV stamp is a nonresident muzzle-loading deer hunting stamp and entitles the licensee to hunt and take deer with a muzzle-loader during muzzle-loading deer seasons in all counties of
the state, or parts thereof, excluding Logan, McDowell, Mingo and Wyoming counties, as set by the Natural Resources Commission in accordance with section seventeen, article one of this chapter. The Director shall establish rules governing the issuance of a Class V stamp as necessary to limit, on a fair and equitable basis, the number of persons who may muzzle-loader hunt for deer in any special management area. The stamp issued in a form prescribed by
the Director, shall be in addition to a Class E license. The base fee for a Class VV stamp is thirty dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42t. Class WW nonresident turkey hunting stamp.
A Class WW stamp is a nonresident turkey hunting stamp and entitles the licensee to hunt and take turkey during any turkey hunting season, except as prohibited by the rules of the Director or Natural Resources Commission. The base fee for a Class WW stamp is thirty dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). The stamp issued in a form prescribed by the Director, shall be in addition to a Class B license. This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42u. Class BG resident big game stamp.
A Class BG stamp is a resident big game stamp and entitles the Class A and Class Q licensee to hunt deer during the deer archery and muzzle-loader seasons, and bear, wild turkey and wild boar during the respective seasons, except as prohibited by rules of the
Director or Natural Resources Commission. The base fee for the stamp is ten dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). The stamp, issued in a form prescribed by the Director, shall be in addition to a Class A license or Class Q permit. This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42v. Effective date and indexing of license and stamp fees.
The fees effected in article two and two-b of this chapter shall become effective on and after the first day of January, two thousand six. The fees shall be indexed to an increase in the Consumer Price Index (All Items) published by the United States Department of Labor. The Director shall from time to time propose legislative rules for promulgation in accordance with section one, article three, chapter twenty-nine-a, indexing the fees for all hunting, trapping and fishing licenses and stamps. These rules shall index the fees established in this article, rounded down to the nearest dollar, to an increase in the Consumer Price Index (All Items) published by the United States Department of Labor.
ARTICLE 2B. WILDLIFE ENDOWMENT FUND.
§20-2B-6. Expenditure of funds for specific and general purposes.

In accordance with the intent of sections thirty-four and forty-six-c forty-two-n, article two of this chapter and pursuant to sections three and four of this article, income accruing from the investments of the wildlife endowment fund shall be distributed in the following manner:
(a) Income accruing from the investment of moneys resulting from the sale of Class O-L license shall be distributed and disbursed in the same manner as revenues accruing from the sale of Class O licenses as provided for in section forty-six-c forty-two-n, article two of this chapter.
(b) Income accruing from the investment of any portion of the principal of the wildlife endowment fund which, at the time of its deposit into the fund, is specifically designated for the activities of a particular division section within the department Division, shall accrue solely to that division section within the department Division; and
(c) All other income accruing from the investments of the wildlife endowment fund shall be distributed within the department Division in the same manner as provided for in section thirty-four, article two of this chapter.
§20-2B-7. Lifetime hunting, fishing and trapping licenses created.
(a) Pursuant to section three of this article, the Director may issue the following lifetime hunting, fishing and trapping licenses and for the lifetime of the licensee, the lifetime licenses serve in lieu of the equivalent annual license: Lifetime resident statewide hunting and trapping license; lifetime resident combination statewide hunting, fishing and trapping license; lifetime statewide fishing license; and lifetime resident trout fishing license: Provided, That a full-time nonresident student who attends an in-state college or university is not eligible to purchase any of these lifetime licenses.
(b) The Director shall propose a legislative rule for promulgation in accordance with article three, chapter twenty-nine-a of this code, setting the fees for the lifetime licenses. The rule shall provide that the fee for any resident who has not reached his or her second birthday shall be one half of the adult fee set under the rule. Provided, That the rule first proposed for promulgation under this section may be promulgated as an emergency rule under the provisions of section fifteen, article three, chapter twenty-nine of this code. The fees for lifetime licenses shall be twenty-three times the fee for the equivalent annual licenses or stamps.
§20-2B-8. Privileges of lifetime licensees.
Pursuant to section seven of this article, lifetime licensees shall be entitled to the same privileges and subject to the same restrictions as licensees possessing the equivalent annual license with the following exceptions:
(a) Class A-L, AB-L, B-L and O-L licenses shall be valid for the lifetime of the licensee;
(b) A Class O-L lifetime resident trout fishing license shall be issued only to residents of the state and shall be valid only when accompanied by a Class AB, AB-L, B, B-L, X or XJ license; and
(c) Class A-L, AB-L and B-L licenses shall include all of the privileges of a Class I national forest license as described in section forty-four-a, article two of this chapter; and
(d) (c) No additional fees shall be required of Class A-L and AB-L licensees for a Class U, V or W license in order for the said licensees to participate in the seasons for which said licenses are required. No additional fee shall be required of Class A-L, AB-L or B-L licensees for the conservation stamp required by section nine of this article.
§20-2B-9. Conservation stamp; purposes, etc.
On or after the first day of January, one thousand nine hundred eighty-nine, any A resident hunter, fisherman angler or trapper licensed to hunt, fish or trap in this state shall have, in addition to a hunting, fishing or trapping Class A or B license of Class A, AB, B, X or XJ in the case of a resident or Class E, EE, F, G, H or K in the case of a nonresident, have a Class CS conservation stamp. which shall be issued by the department of natural resources and which shall be sold at places where hunting, fishing or trapping licenses are sold. The base fee for the conservation stamp shall be is three dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). for a resident of West Virginia and five dollars for a nonresident of West Virginia.
The revenue derived from the sale of conservation stamps shall be deposited in the State Treasury and shall be credited to the department Division of Natural Resources. Said revenue shall be used and paid out, upon order of the Director, for capital improvements and land purchases or leases benefiting wildlife except that at the discretion of the Director, a maximum of twenty percent of said revenue may be used for the operation and maintenance of said capital improvements and lands: Provided, That none of this revenue shall be expended for the purchase of wetlands, or for land to be flooded so as to create wetlands, to attract migratory waterfowl within sixty air miles of any established poultry industry: Provided, however, That no expenditures of the revenue derived from the sale of the conservation stamps shall be made for recreational facilities or activities that are used by or for the benefit of the general public rather than by or for purchasers of hunting, fishing or trapping licenses. Any unexpended moneys derived from the sale of conservation stamps shall be carried forward to the next fiscal year.
§20-2B-10. Law-enforcement and sports education stamp.
(a) Any nonresident hunter, angler or trapper licensed to hunt, fish or trap in this state, in addition to a hunting, fishing or trapping license of Class E, EE, F, G, H LL or K XXJ license in the case of a nonresident, shall have a law-enforcement and sports education Class CS/LE nonresident conservation, law-enforcement and sports education stamp. which shall be issued by the division of natural resources. The stamp shall be sold at places where hunting, fishing or trapping licenses are sold. The base fee for the law-enforcement and sports education stamp is five twelve dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). for a nonresident of West Virginia.
(b) The revenue derived from the sale of law-enforcement and sports education Class CS/LE stamps shall be deposited in the State Treasury and shall be credited to the Division of Natural Resources law-enforcement section. Fifty percent of the revenue shall be used and paid out, upon order of the Director, for the law-enforcement section's expenses relating to the general enforcement of state laws pertaining to the conservation of fish and wildlife and or law-enforcement education programs for hunters, anglers and trappers: Provided, That no expenditures of the revenue derived from the sale of the law-enforcement and sports education Class CS/LE stamp shall be made for law-enforcement purposes not directly related to the wildlife resources of the state or for the educational programs set forth in this subsection. Fifty percent of the revenue shall be used and paid out for capital improvements and land purchases or leases benefiting wildlife except that at the discretion of the Director, a maximum of twenty percent of the revenue may be used for the operation and maintenance of the capital improvements and lands: Provided, That no expenditures of the revenue derived from the sale of the conservation stamps shall be made for recreational facilities that are used by or for the benefit of the general public rather than by or for purchasers of hunting, fishing or trapping licenses. Any unexpended moneys derived from the sale of law-enforcement and sports education Class CS/LE stamps shall be carried forward to the next fiscal year and expended for law-enforcement and educational programs.





NOTE: The purpose of this bill is to restructure the hunting and fishing license system, increase fees, create a system to index fees to the Consumer Price Index (All Items), and to change the requirement for certification of training.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added. §20-2-42 through §20-2-42v is entirely new language, therefore strike-throughs and underscoring have been eliminated.
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