WEST virginia legislature
2017 regular session
House Bill 2699
By Delegates Hamilton, Evans, A., Paynter, Ambler, Butler, Lynch, Iaquinta, R. Romine, Rodighiero and McGeehan
[Introduced February 24,
to the Committee on Agriculture and Natural Resources then the Judiciary.]
A BILL to amend and reenact §20-2-27 of the Code of West Virginia, 1931, as amended, relating to making information about Division of Natural Resources licensees exempt from the provisions of the Freedom of Information Act; exceptions.
Be it enacted by the Legislature of West Virginia:
That §20-2-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-27. Necessity for license.
Except as otherwise provided by law, no resident who has reached his or her fifteenth birthday and who has not reached his or her sixty-fifth birthday before January 1, 2012, and no nonresident shall at any time take, hunt, pursue, trap for, kill or chase any wild animals, wild birds, or fish for, take, kill or catch any fish, amphibians or aquatic life of any kind whatsoever in this state without first having secured a license or permit and then only during the respective open seasons, except that a nonresident who has not reached his or her fifteenth birthday may fish for, take, kill or catch any fish, amphibians or aquatic life of any kind whatsoever in this state without first having secured a license or permit. A person under the age of fifteen years shall not hunt or chase any wild animals or wild birds upon lands of another unless accompanied by a licensed adult.
A resident or nonresident member of any club, organization or association or persons owning or leasing a game preserve or fish preserve, plant or pond in this state shall not hunt or fish therein without first securing a license or permit as required by law: Provided, That resident landowners or their resident children, or bona fide resident tenants of land, may, without a permit or license, hunt and fish on their own land during open seasons in accordance with laws and rules applying to such hunting and fishing unless the lands have been designated as a wildlife refuge or preserve.
Licenses and permits shall be of the kinds and classes set forth in this article and shall be conditioned upon the payment of the fees established for the licenses and permits.
The list of names, addresses and other contact information of all licensees compiled and maintained by the division as a result of the sale and issuance of any resident or nonresident licenses or stamps under this chapter is exempt from disclosure under the Freedom of Information Act, chapter twenty-nine-b of this code: Provided, That the records specified in this section are available to all law-enforcement agencies and other governmental entities authorized to request or receive such records.
NOTE: The purpose of this bill is to exempt the list of the names, addresses and contact information for DNR license holders from public disclosure with certain exceptions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.