FISCAL NOTE

Date Requested: January 27, 2016
Time Requested: 03:17 PM
Agency: Natural Resources, Division of
CBD Number: Version: Bill Number: Resolution Number:
1997 Introduced HB4290
CBD Subject: Natural Resources


FUND(S):

3200

Sources of Revenue:

Special Fund

Legislation creates:

A New Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The purpose of this bill is to establish the Laurel Lake Wildlife Management Area Fund to provide sufficient funding to maintain the Laurel Lake Wildlife Management Area, including its facilities. The bill further establishes an advisory board consisting of the director of the Division of Natural Resources, the county commissioners of Mingo County and the members of the Natural Resources commission. The director of the Division of Natural Resources is given authority to promulgate legislative rules designed to fulfill the purpose of providing sufficient funding. Historically, the existing facilities (swimming pool, tennis court, playground and picnic areas) located on the Laurel Lake WMA have been managed by the Parks and Recreation Section but have experienced shortfalls of funds to maintain the facilities. The Parks and Recreation Section has absorbed $600,000 in general funds and lottery reductions and does not have available funds to deposit into the Laurel Lake Wildlife Management Area Fund. By law, hunters and anglers in West Virginia must be served by the agency’s wildlife and law enforcement programs. West Virginia’s Constitution, Article 6-55 limits funds arising from the sale of permits and licenses to hunt, trap or fish to be expended solely for the conservation, restoration, management, educational benefit, recreational use and scientific study of the state’s fish and wildlife. In the event that any such properties or facilities are converted to uses other than those specified in this section and the conversion jeopardizes the availability of the receipt of federal funds by the state, the agency of the state responsible for the conservation of its fish and wildlife resources shall receive fair market compensation for the converted properties or facilities. Any other use of these funds would constitute a divergence and jeopardize the receipt of federal funds by the state. West Virginia code §20-1-18a requires the Division of Natural Resources to conduct and establish cooperative wildlife restoration projects with the federal government. Further, West Virginia code §20-2-34 states “No funds from the "license fund--wildlife resources" may 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.” License revenue and federal aid provide the bulk of the operating and capital improvements revenue for the agency’s wildlife and law enforcement programs. Any divergence of fund would have catastrophic impacts on the agency’s mission and purpose.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 -12,088,070 -12,088,070


Explanation of above estimates (including long-range effect):


Potential 2015 Federal Fund loss by Program due to divergence Wildlife Restoration = $8,622,897. Source: US Department of Interior, Fish and Wildlife Service Sport Fish Restoration = $3,465,173. Source: US Department of Interior, Fish and Wildlife Service Estimated annual federal aid loss for West Virginia = $12,088,070



Memorandum


West Virginia’s Constitution, Article 6-55 limits funds arising from the sale of permits and licenses to hunt, trap or fish to be expended solely for the conservation, restoration, management, educational benefit, recreational use and scientific study of the state’s fish and wildlife. In the event that any such properties or facilities are converted to uses other than those specified in this section and the conversion jeopardizes the availability of the receipt of federal funds by the state, the agency of the state responsible for the conservation of its fish and wildlife resources shall receive fair market compensation for the converted properties or facilities. Any other use of these funds would constitute a divergence and jeopardize the receipt of federal funds by the state. West Virginia code §20-1-18a requires the Division of Natural Resources to conduct and establish cooperative wildlife restoration projects with the federal government. Further, West Virginia Code §20-2-34 states “No funds from the "license fund--wildlife resources" may 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.”



    Person submitting Fiscal Note: Randy Tucker
    Email Address: RANDY.L.TUCKER@WV.GOV