H. B. 3272
(By Delegates Hamilton and Eldridge)
[Introduced March 25, 2005; referred to the
Committee on Agriculture and Natural Resources then
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§20-2-65, relating to
requiring an upland game bird conservation stamp; defining
certain terms; establishing a license fee; and providing for
the dedication of funds.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated
to read as
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-65. Upland game bird stamp; definitions; license fee;
dedication of funds.
(a) As used in this section:
(1) "Upland game bird" means a
pheasant, quail or partridge
(both native and foreign species).
(2) "Division" means the Division of Natural Resources.
(3) "Stamp" means the upland game bird conservation stamp
provided by this section.
(b) Except as otherwise provided herein, no person may hunt or
take any upland game bird within this state without first procuring
an upland game bird conservation stamp as provided by this section.
The stamp must be in the possession of every person when hunting or
taking any upland game bird. Each stamp shall be validated by the
signature of the licensee written across the face of the stamp.
The stamp shall expire annually on the same date each year that all
hunting licenses expire. Any person who is exempt from payment or
charge for a hunting license is also exempt from the fee imposed by
this section. Any person who is under the age of sixteen years is
exempt from the requirements of this section.
(c) A stamp shall be issued to each hunting license applicant
upon request and payment of a fee of twenty dollars, together with
any license agent fees imposed by this article.
(d) All fees collected from the sale of state upland game bird
stamps may be appropriated to the Division for use by the Division
(1) Fifty percent for projects approved by the Division for
the purpose of attracting upland game birds and improving public
upland game bird areas within the state, but none of the moneys
spent within the state may be used for administrative expenses; and
(2) Fifty percent will be expended by the Division for the
development of upland game bird propagation. The Division may
enter into an agreement or agreements with an appropriate nonprofit
organization or organizations to carry out the provisions of this
All moneys collected in any one year as a result of the
provisions of this section shall be expended for the purposes set
out herein no later than the thirty-first day of December of the
(e) The Division has exclusive production rights for the
upland game bird conservation stamp and is authorized to adopt a
policy for the annual selection of an appropriate design for the
stamp and to have the stamp produced for sale. The policy may
include ownership rights of the original art selected and
arrangements for the reproduction, distribution and marketing of
the prints of the design of the stamp, for the disposition of the
stamps after their year of issuance and for the lawful disposition
of the resulting revenues. The revenues shall be deposited in the
State Treasury and credited to the Division and shall be used and
paid out upon order of the Director for the conservation of upland
game birds: Provided, That no moneys generated hereby shall be
used for purposes for condemnation of any land in this state.
NOTE: The purpose of this bill is to provide for an upland
game bird conservation stamp with the proceeds to be used to
increase the upland game bird population in this state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would