H. B. 4310


(By Delegates Mahan and Campbell)

[Introduced January 30, 2002; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section six, article three, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the penalties for discarding lighted material and allowing the state fire marshal to enforce this section.

Be it enacted by the Legislature of West Virginia:
That section six, article three, 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 3. FORESTS AND WILDLIFE AREAS.
§20-3-6. Failure of person to extinguish fire started or used by him or her; throwing lighted material on forest land; enforcement by state fire marshal; penalties.

(a) Any person who, by himself or herself, or by his or her employees, agents or guides, or as an employee, agent or guide of any other person, shall at any time build or use any fire in any field, in any public or private road, or in any area adjacent to or in any forest land in this state, shall, before leaving such the fire for any period of time, totally extinguish the same.
(b) A person shall not at any time throw or place any lighted match, cigar, cigarette, firecracker or lighted material on any forest land, private road, public highway or railroad right-of-way within this state.
(c) In addition to any other law-enforcement agencies that have jurisdiction over criminal violations , the state fire marshal shall enforce this section as provided in section twelve, article three, chapter twenty-nine of this code.
(d) Any person who violates any provision subsection (a) of this section shall be guilty of a misdemeanor.
(e) Any person who violates subsection (b) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than two thousand dollars, or imprisoned in the county or regional jail not less than ten days nor more than two hundred days, or in the discretion of the court, he or she may be sentenced to perform community service by cleaning up litter from any public highway, road, street, alley or any other public park or public property or waters of the state, as designated by the court, for not less than thirty-two hours nor more than sixty-four hours, or any combination thereof.


NOTE: The purpose of this bill is to increase the penalties for discarding lighted material and to allow the state fire marshal to have enforcement powers of this section.

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