H. B. 2240
(By Delegates Boggs and Yeager)
[Introduced January 15, 2003; referred to the
Committee on Agriculture and Natural Resources then
A BILL to amend and reenact sections thirty, thirty-three and
thirty-four, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto a new
section, designated section thirty-four-a, all relating to
providing an opportunity for persons purchasing or renewing
hunting or fishing licenses to donate to the "Hunters Helping
the Hungry program"; requiring every application for hunting
and fishing licenses to contain a provision notifying the
applicant of the option to donate to the program; authorizing
the collection of donations by issuing authorities; and
requiring donations be deposited in a special account to be
used exclusively to support the program, including the payment
of fees related to the butchering of game carcasses.
Be it enacted by the Legislature of West Virginia:
That sections thirty, thirty-three and thirty-four, article
two, chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and that
said article be amended by adding thereto a new section, designated
section thirty-four-a, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-30. Application and statement of eligibility for licenses;
application to apprise applicant of "hunters helping
the hungry program"; procuring license in violation of
It shall be the duty of every person who makes application for
or procures any class of license for himself or another to inform
correctly the issuing authority that the applicant is eligible and
fulfills the prerequisites of this chapter in respect to age,
citizenship and residence which are necessary to entitle such
person to have and hold the class of license applied for. In the
case of an alien, the applicant shall produce the permit issued by
the director. The possession of any class of license by any
licensee shall presume that such licensee or his agent has duly
informed the issuing authority that the licensee in question was
eligible to have, hold and procure the class of license so issued.
It shall be unlawful for any person to make false application for
or procure a license in violation of the provisions of this
chapter. It shall not be necessary for the state to prove, in any proceeding for an offense hereunder, that false statements were or
were not made, if it be established that the licensee possessed a
class of license he was not entitled to possess, or the license
procured by the offender for another was of a class the licensee
was not entitled to possess.
(a) Every person who applies for any class of license must
state to the issuing agent that he or she is eligible for and has
satisfied all prerequisites for that class of license. It is
unlawful for a person to make a false statement in an application
for any hunting, fishing or trapping license.
(b) Every application for a license, whether the application
is printed or electronically displayed, must state in bold face
letters that the applicant may voluntarily donate money to the
"hunters helping the hungry program" by checking a box on the
application form. Each application form shall provide boxes
whereby the applicant may designate a donation in the amount of
one, three, five or ten dollars, or enter another amount that the
applicant wishes to donate to the program.
§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
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, 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 may sell licenses or buy the
licenses for the purposes of resale.
(b) 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 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 may 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 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 propose 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
(d) Whether a license is issued pursuant to a printed form,
electronically or otherwise, any amount of money that the applicant
donates to the "hunters helping the hungry program" shall be
collected by the state official, county official or other issuing
agent in the same manner as license fees are collected.
§20-2-34. Disposition of license fees; reports of agents; special
funds and uses.
(a) All persons in this state who receive money for licenses
and permits required by this chapter, or as donations for the
"hunters helping the hungry program" made in conjunction with
license applications, shall, on the first day of each month, pay
over to the director all moneys so collected by them during the
Such The payment shall be accompanied by a report
showing, in the case of license fees or donated money, the name of
the county, the class of license sold, the amount of any donation,
the names and addresses of the persons paying the same license fees
and donated moneys, the date of the receipt thereof, the signature of the person receiving and remitting such the funds, and such
other information as the director may deem determine necessary.
(b) 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
hereunder as license fees shall be by him or her 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"
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 benefitting
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
(c) Moneys received as donations for the "hunters helping the
hungry program" shall be deposited in the state treasury in a
special revenue account created prior to enactment of this
subsection and known as the "hunters helping the hungry fund."
§20-2-34a. The "hunters helping the hungry fund"; disposition of
(a) The "hunters helping the hungry fund" may receive any
gifts, grants, contributions or other moneys from any source which
is specifically designated for deposit in the fund. Expenditures
from the fund are for the purposes set forth in this section.
(b) Nothing in this article may be construed to mandate
funding for the "hunters helping the hungry program" or to require
any appropriation by the Legislature.
(c) The director may expend, as an offset against
administrative costs of the "hunters helping the hungry program,"
no more than one-tenth of all moneys donated to the program. The
director shall disburse to eligible participants no less than
nine-tenths of all moneys donated to the "hunters helping the hungry program."
(d) An eligible participant is a nonprofit or not-for-profit
organization that coordinates, with the division of natural
resources and with other entities, a statewide system for the
distribution of meat products derived from the butchering of
donated game carcasses by a person licensed under the provisions of
article two-b, chapter nineteen, of this code.
(e) Eligible participants who receive moneys from the program
fund may expend the moneys for the butchering of game carcasses, or
for other expenses related to the acquisition and distribution of
food to residents of West Virginia.
NOTE: The purpose of this bill is to provide an opportunity
for persons purchasing or renewing hunting or fishing licenses to
donate to the "Hunters Helping the Hungry Program" which is
created. It requires every application for hunting and fishing
licenses to contain a provision notifying the applicant of the
option to donate to the program; authorizes the collection of
donations by issuing authorities; and requires donations to be
deposited in a special account to be used exclusively to support
the program, including the payment of fees related to the
butchering of game carcasses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
§20-2-34a is new; therefore strike-throughs and underscoring