COMMITTEE SUBSTITUTE
FOR
H. J. R. 2
(By Delegates Love, Pettit, Givens, Ennis, J. Martin,
Michael and Mezzatesta)
(Originating in the Committee on Constitutional Revision)
(February 1, 1995)
Proposing an amendment to the Constitution of the State of West
Virginia, amending article six thereof, by adding thereto a
new section, designated section fifty-five, relating to
revenues accruing from the sales of all permits and licenses
to hunt, trap, fish or otherwise hold or capture fish and
wildlife resources and money reimbursed and granted by the
federal government for fish and wildlife conservation;
providing that said revenues and properties are to be used
solely for the conservation, restoration, management,
educational benefit, recreational use and scientific study of
the state's fish and wildlife resources; numbering and
designating such proposed amendment; and providing a
summarized statement of the purpose of such amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year one thousand nine hundred ninety-six, which proposedamendment is that article six thereof be amended by adding thereto
a new section, designated section fifty-five, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§55. Revenues and properties applicable to fish and wildlife
conservation.
Fees, moneys, interest or funds arising from the sales of all
permits and licenses to hunt, trap, fish or otherwise hold or
capture fish and wildlife resources and money reimbursed and
granted by the federal government for fish and wildlife
conservation shall be expended solely for the conservation,
restoration, management, educational benefit, recreational use and
scientific study of the state's fish and wildlife, including the
purchases or other acquisition of property for said purposes and
for the administration of the laws pertaining thereto and for no
other purposes. 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. Such compensation shall be expended only for the
purposes specified in this section. All moneys shall be deposited
within the state treasurer in the "license fund" and other specific
funds created especially for fish and wildlife conservation and the
public's use of fish and wildlife. Nothing in this section shall
prevent the Legislature from reducing or increasing the amount ofany permit or license to hunt, trap, fish or otherwise hold or
capture fish or wildlife or to repeal or enact additional fees or
requirements for the privilege of hunting, trapping, fishing or to
otherwise hold or capture fish or wildlife.
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Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Fish and Wildlife Conservation Revenue Amendment" and the
purpose of the proposed amendment is summarized as follows: "To
require that all revenues arising from the sales of all permits and
licenses to hunt, trap, fish or otherwise hold or capture fish and
wildlife resources shall be expended for the control, management,
restoration, conservation, regulation of the fish and wildlife of
the state, including the acquisitions of property for fish and
wildlife management and for the administration of the laws
pertaining thereto and for no other purposes."