Senate Bill No. 255

(By Senator Schoonover)

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[Introduced January 30, 1998; 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 thirty-four, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to wildlife resources; issuance of licenses; disposition of license fees; and providing that if there is a dispute in the amount of fees collected by the county commission, an audit of the disputed records shall be conducted by the director at the cost of the division of natural resources.

Be it enacted by the Legislature of West Virginia:
That section thirty-four, article two, 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 2. WILDLIFE RESOURCES.

§20-2-34. Disposition of license fees; reports of agents; special funds and uses.

All persons in this state who receive money for licenses and permits required by this chapter shall, on the first day of each month, pay over to the director all moneys so collected by them during the preceding month. Such payment shall be accompanied by a report showing, in the case of license money, the name of the county, the class of license sold, the names and addresses of the persons paying the same, the date of the receipt thereof, the signature of the person receiving and remitting such funds, and such other information as the director may deem necessary.
Except where other provisions of this chapter specifically require and direct payment of any such moneys into designated funds for specific uses and purposes, all moneys so received by the director hereunder shall be by him promptly paid into the state treasury and shall be credited to the department division of natural resources and shall be further credited to and kept in a separate fund designated "license fund--wildlife resources" which shall be used and paid out, upon order of the director solely for law enforcement and for purposes directly relating to the conservation, protection, propagation and distribution of wildlife in this state pursuant to the provisions of this chapter.
No funds from the "license fund--wildlife resources" shall be expended for recreational facilities or activities that are used by or for the benefit of the general public, rather than purchasers of hunting and fishing licenses.
Of the annual license fund income, the director shall retain ten percent for capital improvements and land purchases benefiting state wildlife, forty percent shall be budgeted to the wildlife resources division, forty percent to law enforcement and ten percent apportioned by the director within provisions of this section. Any unexpended moneys for capital improvements and land purchases shall be carried forward.
All interest generated from game and fish license fees after the thirty-first day of July, one thousand nine hundred ninety- one, shall be used by the director for the department division of natural resources in the same manner as is provided for the use of license fees.
If any dispute arises between the county commission and the division relating to the accuracy of the fees collected by the county commission for hunting and fishing licenses and the clerk of the county commission challenges the accuracy of the figures presented by the division of natural resources, the director shall cause an audit to be made of the records of the county commission for fees collected for hunting and fishing license and the costs of the audit shall be paid by the division.


NOTE: The purpose of this bill is to require the Director of the Division of Natural Resources to audit, at the cost of the Division, the records of county commissions for hunting and fishing license fees, when any dispute arises as to the accuracy of the commission's records relating to these fees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.