H. B. 2712
(By Mr. Speaker (Mr. Chambers) and Delegates Love,
Michael, Vest and Compton)
[Introduced March 25, 1993; referred to the
Committee on Agriculture and Natural Resources then
Finance.]
A BILL to amend chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-d, relating to
requiring purchase of wild, wonderful West Virginia stamp
for use on certain state forest, park and recreation lands;
exempting certain persons from the requirement; penalty for
failure to have stamp in possession when using certain
lands; providing for the issuance of the stamps and fees;
requiring the director of division of natural resources to
provide for stamp design; providing for the use and
distribution of proceeds.
Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-d, to read
as follows:
ARTICLE 2D. WILD, WONDERFUL WEST VIRGINIA STAMP.
§20-2D-1. Wild, wonderful West Virginia stamp required;
exemptions.
Effective the first day of July, one thousand nine hundred
ninety-three, every person using any lands under the control and
authority of the division of natural resources, the division of
forestry, the division of tourism and parks of the department of
commerce, labor and environmental resources shall have in their
possession a wild wonderful West Virginia stamp, a hunting
license, or fishing license or shall be in transit to or from a
swimming pool, golf course or picnic area. Persons under sixteen
years of age and persons over sixty years of age are exempt from
this requirement.
Persons using these lands for commercial purposes for which
an agency of state government is paid a royalty or special fee,
agents or employees of the state on official business and persons
or groups using the lands for purposes other than hunting or
fishing who receive, for good cause, a letter of permit from the
director of the division managing the facility specifically
waiving the wild, wonderful West Virginia stamp are also exempt.
§20-2D-2. Penalty for violations.
(a) Any person who violates the provisions of this article
or violates the terms of any permit issued under the article is
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than twenty-five dollars nor more than one hundreddollars.
§20-2D-3. Wild, wonderful West Virginia stamp fees; stamp
design; disposition of proceeds.
The director of the division of natural resources shall
provide by rule for the design of a wild, wonderful West Virginia
stamp. The stamp shall be representative of a West Virginia
nongame wildlife species or habitat. The director shall cause to
be distributed and sold wild, wonderful West Virginia stamps in
the same manner as hunting and fishing licenses are sold. A fee
of three dollars shall be charged and collected for each stamp
issued to a resident of this state and a fee of five dollars
shall be charged and collected for each stamp issued to a
nonresident. One half of the proceeds from the sale of the
stamps shall be transferred to the division of tourism and parks
to improve the infrastructure of the state park system and one
half of the proceeds from the sale of the stamp shall be
deposited into the nongame wildlife and natural heritage fund
which is hereby established. Any moneys in the fund and all
interest accruing to the fund shall be expended for the purpose
of the enhancement and perpetuation of the nongame wildlife and
natural heritage program. Any unexpended balances remaining at
the end of each fiscal year shall remain in the nongame wildlife
and natural heritage fund. Not later than the fifteenth day of
January of each year, the director of the division of natural
resources shall provide a written report detailing the activities
of the division in implementing the program and providing anaccounting of expenditures from the fund to the speaker of the
House of Delegates and the president of the Senate.
NOTE: The purpose of this bill is to require that people
who use state owned lands to have either a hunting or fishing
license or a "Wild, Wonderful West Virginia" stamp issued by the
director of the division of natural resources. The cost of the
stamp is three dollars for residents and five dollars for
nonresidents. One half of the proceeds from the sale of the
stamps are to be transferred to parks and recreation for use in
improving the infrastructure of the state parks and one half of
the proceeds are to be placed in a special fund in the department
to be used for the enhancement and perpetuation of the nongame
wildlife and natural heritage program. The bill also provides a
penalty for violations of the provisions and it exempts people
under sixteen years of age and over sixty years of age from its
requirements.
This article is new; therefore, strike-throughs and
underscoring have been omitted.