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.