H. B. 4428
(By Delegates Proudfoot, Kominar,
Mahan and Hines)
[Introduced February 7, 2000; referred to the
Committee on Agriculture and Natural Resources then
Finance.]
A BILL to amend article three, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-five-a, relating to creating a crime for digging or
harvesting moss, shrubs, bushes, ferns, trees, stone, sand or
other like things.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-five-a, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-35a. Digging or harvesting on lands of another; penalty.
It is unlawful for any person to dig or harvest any moss,
shrubs, bushes, trees, ferns, stone, sand, or other like things on
the lands of another without the consent of the owner or owners
thereof first obtained.
Any person violating this section is guilty of a misdemeanor
and, upon conviction thereof, is to be fined not more than one
hundred dollars.
NOTE: The purpose of this bill is to criminalize the hunting,
digging or harvesting of moss, shrubs, bushes, ferns, stone, sand
or other like things on the lands of another. The crime is a
misdemeanor with a fine of $100.
This section is new; therefore, strike-throughs and
underscoring have been omitted.