COMMITTEE SUBSTITUTE
FOR
H. B. 4310
(By Delegates Mahan and Campbell)
(Originating in the Committee on the Judiciary)
[February 12, 2002]
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 or for failing to totally
extinguish a fire built in or adjacent to a field, a public or
private road or forest land, 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 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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