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:
ARTICLE 2. WILDLIFE RESOURCES.
§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
(b) It is unlawful for a person to make a false statement when
applying for any license issued pursuant to the provisions of this
§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
§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
(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
(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"
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