HOUSE CONCURRENT RESOLUTION NO. 24
(By Delegate Linch)

(Originating in the House Committee on
Agriculture and Natural Resources)

Requesting the appointment of a special joint committee to conduct an interim study relating to the issuance of property damage permits permitting owners and lessees of land to kill one or more deer or other wildlife and relating to the need for changes to existing law to place restrictions on the use of such permits.

Whereas, Under the provisions of subsection (a), section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, the director of the division of natural resources is authorized to issue permits to owners and lessees of land permitting them to kill one or more deer or other wildlife in the manner prescribed by the director, when the director has investigated and substantiated property damage claims reported by such owners or lessees; and

Whereas, Under the provisions of subsection (b), section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, the director of the division of natural resources is further authorized to establish procedures for the issuance of permits or other authorization necessary to control deer or other wildlife causing property damage; and
Whereas, The Legislature has received requests to change existing law by placing restrictions and limitations on the killing of deer or other wildlife by permits issued under subsections (a) and (b), section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, which has led to introduction of House Bill 4320, relating to limiting the killing of deer or other wildlife under such permits, and House Bill 4606, limiting such permits to hunting season, to antlerless deer and to landowners who have not banned hunting, trapping and fishing by posting notices on their unenclosed lands; and
Whereas, Investigation into these matters, including the holding of a public hearing on the same and the consideration of concerns expressed by landowners, hunters and others on this issue, reveals a need for an interim study relating to the issuance of property damage permits permitting owners and lessees of land to kill one or more deer or other wildlife and relating to the need for changes to existing law to place restrictions on the use of such permits; therefore, be it
Resolved by the Legislature of West Virginia:
That the President of the Senate and the Speaker of the House of Delegates create a special joint committee to conduct an interim study relating to the issuance of property damage permits permitting owners and lessees of land to kill one or more deer or other wildlife and relating to the need for changes to existing law to place restrictions on the use of such permits; and, be it
Further Resolved, That the special joint committee be comprised of the chairman and two other members of the Senate Agriculture Committee, to be appointed by the President of the Senate; the chairman and two other members of the Senate Natural Resources Committee, to be appointed by the President of the Senate; the two respective chairmen and four other members of the joint House Agriculture and Natural Resources Committee, to be appointed by the Speaker of the House; the director of the Division of Natural Resources or his designee; the Commissioner of Agriculture or his designee; a farmer; and a sportsperson; and, be it
Further Resolved, That the special joint committee is requested to include as a part of such interim study a review and examination of available statistical and other pertinent information developed since enactment of subsections (a) and (b), section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the number of permits sought and issued; relating to the number and kind of deer or other wildlife killed by authority of such permits; relating to the number of times the director has investigated a property damage report, found the reported damage was not substantial and refused to issue a permit; relating to the dollar amount of crop and other property damage determined to have been caused by deer or other wildlife; relating to the geographical distribution of substantiated crop and other property damage reports; and relating to such other information as the committee believes may be relevant to the consideration of legislation to limit the number of deer or other wildlife that may be killed pursuant to a property damage permit; and, be it
Further Resolved, That the special joint committee be authorized to conduct public hearings at one or more places throughout the State for the purpose of receiving public comment on the issues under consideration and be authorized to take testimony at any such hearing; and, be it
Further Resolved, That the special joint committee report to the regular session of the Legislature, 1995, on its findings, conclusions and recommendations, and to include with its report drafts of any proposed legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft any proposed legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.