H. B. 3272

(By Delegates Hamilton and Eldridge)
[Introduced March 25, 2005; referred to the
Committee on Agriculture and Natural Resources then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to requiring an upland game bird conservation stamp; defining certain terms; establishing a license fee; and providing for the dedication of funds.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated
§20-2-65, to read as follows:

§20-2-65. Upland game bird stamp; definitions; license fee; dedication of funds.

(a) As used in this section:
(1) "Upland game bird" means a
pheasant, quail or partridge (both native and foreign species).
(2) "Division" means the Division of Natural Resources.
(3) "Stamp" means the upland game bird conservation stamp provided by this section.
(b) Except as otherwise provided herein, no person may hunt or take any upland game bird within this state without first procuring an upland game bird conservation stamp as provided by this section. The stamp must be in the possession of every person when hunting or taking any upland game bird. Each stamp shall be validated by the signature of the licensee written across the face of the stamp. The stamp shall expire annually on the same date each year that all hunting licenses expire. Any person who is exempt from payment or charge for a hunting license is also exempt from the fee imposed by this section. Any person who is under the age of sixteen years is exempt from the requirements of this section.
(c) A stamp shall be issued to each hunting license applicant upon request and payment of a fee of twenty dollars, together with any license agent fees imposed by this article.
(d) All fees collected from the sale of state upland game bird stamps may be appropriated to the Division for use by the Division as follows:
(1) Fifty percent for projects approved by the Division for the purpose of attracting upland game birds and improving public upland game bird areas within the state, but none of the moneys spent within the state may be used for administrative expenses; and
(2) Fifty percent will be expended by the Division for the development of upland game bird propagation. The Division may enter into an agreement or agreements with an appropriate nonprofit organization or organizations to carry out the provisions of this subdivision.
All moneys collected in any one year as a result of the provisions of this section shall be expended for the purposes set out herein no later than the thirty-first day of December of the succeeding year.
(e) The Division has exclusive production rights for the upland game bird conservation stamp and is authorized to adopt a policy for the annual selection of an appropriate design for the stamp and to have the stamp produced for sale. The policy may include ownership rights of the original art selected and arrangements for the reproduction, distribution and marketing of the prints of the design of the stamp, for the disposition of the stamps after their year of issuance and for the lawful disposition of the resulting revenues. The revenues shall be deposited in the State Treasury and credited to the Division and shall be used and paid out upon order of the Director for the conservation of upland game birds: Provided, That no moneys generated hereby shall be used for purposes for condemnation of any land in this state.

NOTE: The purpose of this bill is to provide for an upland game bird conservation stamp with the proceeds to be used to increase the upland game bird population in this state.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.