SENATE JOINT RESOLUTION NO. 12

(By Senators Schoonover, Wagner and Helmick)

[Introduced February 21,1994;

referred to the Committee on Natural Resources;

and then to the Committee on the Judiciary.]




Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof, by adding thereto a new section, designated section fifty-five, relating to revenues accruing from the sales of all permits and licenses to hunt, trap, fish or otherwise hold or capture fish and wildlife resources, money reimbursed and granted by the federal government for fish and wildlife conservation and all other income sources and properties related to the management of fish and wildlife; providing that said revenues and properties are used solely for the conservation, restoration, management, educational benefit, recreational use and scientific study of the state's fish and wildlife resources; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of anamendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year one thousand nine hundred ninety-four, which proposed amendment is that article six thereof, be amended by adding thereto a new section, designated section fifty-five, to read as follows:
ARTICLE VI. THE LEGISLATURE.

§55. Revenues and properties applicable to fish and wildlife conservation.

Fees, moneys, interest or funds arising from all sources by the operation and transaction of the state fish and wildlife agency and from the application and administration of the laws and regulations pertaining to fish and wildlife of the state, including, but not limited to, the sales of all permits and licenses to hunt, trap, fish or otherwise hold or capture fish and wildlife resources, money reimbursed and granted by the federal government for fish and wildlife conservation and all other income sources and properties related to the management of fish and wildlife resources and the sale of property used for said purposes shall be expended solely for the conservation, restoration, management, educational benefit, recreational use and scientific study of the state's fish and wildlife, including the purchases of other acquisitions of property for said purposes and for the administration of the laws pertaining thereto and for no other purposes. In the event that any such properties or facilities are converted to uses other than those specified inthis section, the agency of the state responsible for the conservation of its fish and wildlife resources shall receive fair market compensation for the converted properties or facilities. Such compensation shall be expended only for the purposes specified in this section. All moneys shall be deposited with the state treasurer in the "license fund" and other specific funds created especially for fish and wildlife conservation and the public's use of fish and wildlife.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Fish and Wildlife Conservation Revenue Amendment" and the purpose of the proposed amendment is summarized as follows: "To require that all revenues arising from all sources by the operation and transaction of the state fish and wildlife agency shall be expended for the control, management, restoration, conservation, regulation of the fish and wildlife of the state, including the acquisitions of property for fish and wildlife management and for the administration of the laws pertaining thereto and for no other purposes."

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(NOTE: The purpose of this joint resolution is to propose an amendment to the State Constitution requiring that all revenues accruing from all sources intended for the management of the state's fish and wildlife be used solely for the purposes of fish and wildlife conservation, management, scientific study and recreational use.)