ENROLLED
Senate Bill No. 79
(By Senator Dittmar)
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[Passed March 11, 1999; in effect ninety days from passage.]
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AN ACT to amend and reenact section thirty-three, article two,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to issuance of
hunting, trapping and fishing licenses; providing that
certain hunting, trapping and fishing licenses may be
purchased and issued electronically; director of natural
resources may prescribe fee for electronic purchase and
issuance; removal of one thousand dollar bonding requirement
for agents issuing licenses; and promulgation of rules.
Be it enacted by the Legislature of West Virginia:
That section thirty-three, 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.
§20-2-33. Authority of director to designate agents to issue licenses; bonds; fees.
(a)The director may appoint, in addition to the clerk of the
county commission, agents to issue licenses under the provisions
of this article to serve the convenience of the public. Each
person, so appointed, shall, before issuing any license, file with
the director a bond payable to the state of West Virginia, in the
amount to be fixed by the director, at not less than one thousand
dollars conditioned upon the faithful
performance of his or her obligation to issue licenses only in
conformity with the provisions of this article and to account for
all license fees received by him or her. The form of the bond
shall be prescribed by the attorney general. No person, other
than those designated as issuing agents by the director, shall
sell licenses or buy the same licenses for the purposes of resale.
(b)Except After the thirtieth day of June, one thousand nine
hundred ninety, except when a license is purchased from a state official,
every person making application for a license shall pay, in
addition to the license fee prescribed therefor in the later
sections of for it in this article, an
additional fee of seventy-five cents to any county official
issuing the license and all fees collected by county officials shall be paid by them into the general fund of the county
treasury or, in the case of an agent issuing the license, an
additional fee of one dollar as compensation: Provided, That only
one fee of seventy-five cents or one dollar shall be collected by
county officials or authorized agents, respectively, for issuing
two or more licenses at the same time for use by the same person
or for issuing combination resident statewide hunting, trapping
and fishing Class AB licenses: Provided, however, That licenses may be
issued electronically in a manner prescribed by the director, and
persons purchasing electronically issued licenses may be
assessed, in addition to the license fee prescribed in this
article, an electronic issuance fee to be prescribed by the
director.
(c) In lieu of the license issuance fee prescribed in
subsection (b) of this section, the director shall proposed rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, governing the
application for and issuance of licenses by telephone and other
electronic methods.