H. B. 2240

(By Delegates Boggs and Yeager)

(Originating in the House Committee on Agriculture

and Natural Resources)

[February 20, 2003]

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-three-a, all relating generally to hunting and fishing license applications and fees; statement of eligibility for license; false statement; electronic application for license to apprise applicant of hunters helping the hungry program; voluntary donations; creating subaccount designated "hunters helping the hungry fund"; authorized expenditures; and technical amendments.

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 further amended by adding thereto a new section, designated section thirty-three-a, all to read as follows:
§20-2-30. Application and statement of eligibility for licenses; procuring license in violation of chapter.

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) Each 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 required by this chapter for that class of license.
(b) It is unlawful for a person to make a false statement when applying for any license issued pursuant to the provisions of this chapter.
§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 purpose of resale.
(b) Except when a license is purchased from a state official, every person making application for a license shall must 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 must 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 electronic methods.
§20-2-33a. Electronic application to apprise applicant of hunters helping the hungry program; check-off donations; special fund continued; authorized expenditures.

(a)(1) Every application for electronic license shall include a solicitation for a voluntary donation to the division's previously established hunters helping the hungry program.
(2) The license applicant will be offered an opportunity to designate a donation in any amount to the hunters helping the hungry program.
(b)There is hereby created a subaccount, designated the "hunters helping the hungry fund", within the special revenue account established in section thirty-four of this article, into which all donations derived under this section shall be deposited. Moneys in the subaccount shall be expended solely for the purposes set forth in subsection (c) of this section. Funds paid into the subaccount may also be derived from the following sources: (1) All interest or return on investment accruing to the subaccount; (2) Any gifts, grants, bequests, transfers, appropriations or other donations which may be received from any governmental entity or unit or any person, firm, foundation, or corporation; and (3) any appropriations by the Legislature which may be made for the purposes of this section. Any balance including accrued interest and other earnings at the end of any fiscal year shall not revert to the general fund but shall remain in the fund for the purposes set forth in this section.
(c) The moneys in the fund will be paid out, at the direction of the director, to eligible participants for the butchering of game carcasses and for the expenses related to the acquisition and distribution of food to the needy residents of West Virginia.
(d) For purposes of this section, "eligible participant" means a nonprofit organization that coordinates, with the division of natural resources and 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.
§20-2-34. Disposition of license fees and donations; 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, shall, on the first day of each month, pay over to the director all moneys so collected by them during the preceding month. Such The payment shall be accompanied by a report showing, in the case of license fees and 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 determines 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 license fees received by the director hereunder shall be by him 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 other 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" shall 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.
Of the annual license fund income, the director shall retain ten percent for capital improvements and land purchases benefiting 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 license fees.
(c) Moneys received as donations to the hunters helping the hungry program shall be deposited in the hunters helping the hungry fund.