Senate Bill No. 367
(By Senators Macnaughtan, Withers and Felton)
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[Introduced March 16, 1993; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact section nine, article seven, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to fines for
natural resources violations; and increasing certain minimum
fines for such violations.
Be it enacted by the Legislature of West Virginia:
That section nine, article seven, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-9. Violations of chapter generally; penalties.
Any person violating any of the provisions of this chapter
or rules and regulations promulgated under the provisions of this
chapter, the punishment for which is not prescribed, shall be is
guilty of a misdemeanor, and, upon conviction thereof, shall for
each offense be fined not less than twenty fifty nor more than
three hundred dollars, or confined in jail not less than ten ornor more than one hundred days, or be both fined and imprisoned
within the limitations aforesaid, and, in the case of a violation
by a corporation, every officer or agent thereof directing or
engaging in such violation shall be is guilty of a misdemeanor,
and, upon conviction thereof, shall be subject to the same
penalties and punishment as herein provided:
Provided,
That any
person violating subdivision three, section five, article two of
this chapter shall be is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars and shall be
imprisoned for not less than ten days nor more than one hundred
days:
Provided, however,
That any person violating sections
forty-three and forty-five, article two of this chapter shall be
is guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than fifty one hundred twenty-five dollars or
nor more than three hundred dollars, or confined in jail not less
than ten nor more than one hundred days, or both fined and
imprisoned within the limitations aforesaid:
Provided further,
That any person violating any parking or speeding regulations as
promulgated by the director on any state parks, state forests,
public hunting and fishing areas and all other lands and waters
owned, leased or under the control of the department division of
natural resources, shall be is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than two nor more
than one hundred dollars, or imprisoned in the county jail not
more than ten days, or both fined and imprisoned.
NOTE: The purpose of this bill is to increase certain fines
for violations of chapter twenty of the West Virginia code
relating to natural resources.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.