Engrossed Version
House Bill 4116 History
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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
H. B. 4116
(By Delegates Hamilton, Beach, Stevens,
Evans, Ellem, Poling, Talbott and Schadler)
[Introduced January 26, 2006; referred to the
Committee on Agriculture and Natural Resources
then the Judiciary.]
A BILL to amend and reenact º20-1-7 of the Code of West Virginia,
1931, as amended, relating to more increasing the amount of
timber that can be sold on state Wildlife Management Areas,
without sealed bids, from $500 to $5,000.
Be it enacted by the Legislature of West Virginia:
That º20-1-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-7. Additional powers, duties and services of director.
In addition to all other powers, duties and responsibilities
granted and assigned to the director in this chapter and elsewhere
by law, the director is hereby authorized and empowered to:
(1) With the advice of the commission, prepare and administer, through the various divisions created by this chapter, a long-range
comprehensive program for the conservation of the natural resources
of the state which best effectuates the purpose of this chapter and
which makes adequate provisions for the natural resources laws of
the state;
(2) Sign and execute in the name of the state by the "Division
of Natural Resources" any contract or agreement with the federal
government or its departments or agencies, subdivisions of the
state, corporations, associations, partnerships or individuals;
(3) Conduct research in improved conservation methods and
disseminate information matters to the residents of the state;
(4) Conduct a continuous study and investigation of the habits
of wildlife, and for purposes of control and protection, to
classify by regulation the various species into such categories as
may be established as necessary;
(5) Prescribe the locality in which the manner and method by
which the various species of wildlife may be taken, or chased,
unless otherwise specified by this chapter;
(6) Hold at least six meetings each year at such time and at
such points within the state, as in the discretion of the natural
resources commission may appear to be necessary and proper for the
purpose of giving interested persons in the various sections of the
state an opportunity to be heard concerning open season for their
respective areas, and report the results of the meetings to the natural resources commission before such season and bag limits are
fixed by it;
(7) Suspend open hunting season upon any or all wildlife in
any or all counties of the state with the prior approval of the
Governor in case of an emergency such as a drought, forest fire
hazard or epizootic disease among wildlife. The suspension shall
continue during the existence of the emergency and until rescinded
by the director. Suspension, or reopening after such suspension,
of open seasons may be made upon twenty-four hours' notice by
delivery of a copy of the order of suspension or reopening to the
wire press agencies at the State Capitol;
(8) Supervise the fiscal affairs and responsibilities of the
division;
(9) Designate such localities as he or she shall determine to
be necessary and desirable for the perpetuation of any species of
wildlife;
(10) Enter private lands to make surveys or inspections for
conservation purposes, to investigate for violations of provisions
of this chapter, to serve and execute warrants and processes, to
make arrests and to otherwise effectively enforce the provisions of
this chapter;
(11) Acquire for the state in the name of the "Division of
Natural Resources" by purchase, condemnation, lease or agreement,
or accept or reject for the state, in the name of the Division of Natural Resources, gifts, donations, contributions, bequests or
devises of money, security or property, both real and personal, and
any interest in such property, including lands and waters, which he
or she deems suitable for the following purposes:
(a) For state forests for the purpose of growing timber,
demonstrating forestry, furnishing or protecting watersheds or
providing public recreation;
(b) For state parks or recreation areas for the purpose of
preserving scenic, aesthetic, scientific, cultural, archaeological
or historical values or natural wonders, or providing public
recreation;
(c) For public hunting, trapping or fishing grounds or waters
for the purpose of providing areas in which the public may hunt,
trap or fish, as permitted by the provisions of this chapter, and
the rules issued hereunder;
(d) For fish hatcheries, game farms, wildlife research areas
and feeding stations;
(e) For the extension and consolidation of lands or waters
suitable for the above purposes by exchange of other lands or
waters under his or her supervision;
(f) For such other purposes as may be necessary to carry out
the provisions of this chapter;
(12) Capture, propagate, transport, sell or exchange any
species of wildlife as may be necessary to carry out the provisions of this chapter;
(13) Sell with the approval in writing of the governor, timber
for not less than the value thereof, as appraised by a qualified
appraiser appointed by the director, from all lands under the
jurisdiction and control of the director, except those lands that
are designated as state parks and those in the Kanawha State
Forest. The appraisal shall be made within a reasonable time prior
to any sale, reduced to writing, filed in the office of the
director and shall be available for public inspection. When the
appraised value of the timber to be sold is more than five hundred
dollars, the director, before making sale thereof, The director
must obtain the written permission of the Governor to sell timber
when the appraised value is more than five thousand dollars. The
director shall receive sealed bids therefor, after notice by
publication as a Class II legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code,
and the publication area for such publication shall be each county
in which the timber is located. The timber so advertised shall be
sold at not less than the appraised value to the highest
responsible bidder, who shall give bond for the proper performance
of the sales contract as the director shall designate; but the
director shall have the right to reject any and all bids and to
readvertise for bids. If the foregoing provisions of this section
have been complied with, and no bid equal to or in excess of the appraised value of the timber is received, the director may, at any
time, during a period of six months after the opening of the bids,
sell the timber in such manner as he or she deems appropriate, but
the sale price shall not be less than the appraised value of the
timber advertised. No contract for sale of timber made pursuant to
this section shall extend for a period of more than ten years. And
all contracts heretofore entered into by the state for the sale of
timber shall not be validated by this section if the same be
otherwise invalid. The proceeds arising from the sale of the
timber so sold, shall be paid to the Treasurer of the State of West
Virginia, and shall be credited to the division and used
exclusively for the purposes of this chapter: Provided,
That
nothing contained herein shall prohibit the sale of timber which
otherwise would be removed from rights-of-way necessary for and
strictly incidental to the extraction of minerals;
(14) Sell or lease, with the approval in writing of the
Governor, coal, oil, gas, sand, gravel and any other minerals that
may be found in the lands under the jurisdiction and control of the
director, except those lands that are designated as state parks.
The director, before making sale or lease thereof, shall receive
sealed bids therefor, after notice by publication as a Class II
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area
for such publication shall be each county in which such lands are located. The minerals so advertised shall be sold or leased to the
highest responsible bidder, who shall give bond for the proper
performance of the sales contract or lease as the director shall
designate; but the director shall have the right to reject any and
all bids and to readvertise for bids. The proceeds arising from
any such sale or lease shall be paid to the Treasurer of the State
of West Virginia and shall be credited to the division and used
exclusively for the purposes of this chapter;
(15) Exercise the powers granted by this chapter for the
protection of forests, and regulate fires and smoking in the woods
or in their proximity at such times and in such localities as may
be necessary to reduce the danger of forest fires;
(16) Cooperate with departments and agencies of state, local
and federal governments in the conservation of natural resources
and the beautification of the state;
(17) Report to the Governor each year all information relative
to the operation and functions of the division and the director
shall make such other reports and recommendations as may be
required by the Governor, including an annual financial report
covering all receipts and disbursements of the division for each
fiscal year, and he or she shall deliver such report to the
Governor on or before the first day of December next after the end
of the fiscal year so covered. A copy of such report shall be
delivered to each house of the Legislature when convened in January next following;
(18) Keep a complete and accurate record of all proceedings,
record and file all bonds and contracts taken or entered into, and
assume responsibility for the custody and preservation of all
papers and documents pertaining to his or her office, except as
otherwise provided by law;
(19) Offer and pay, in his or her discretion, rewards for
information respecting the violation, or for the apprehension and
conviction of any violators, of any of the provisions of this
chapter;
(20) Require such reports as he or she may deem to be
necessary from any person issued a license or permit under the
provisions of this chapter, but no person shall be required to
disclose secret processes or confidential data of competitive
significance;
(21) Purchase as provided by law all equipment necessary for
the conduct of the division;
(22) Conduct and encourage research designed to further new
and more extensive uses of the natural resources of this state and
to publicize the findings of such research;
(23) Encourage and cooperate with other public and private
organizations or groups in their efforts to publicize the
attractions of the state;
(24) Accept and expend, without the necessity of appropriation by the Legislature, any gift or grant of money made to the division
for any and all purposes specified in this chapter, and he or she
shall account for and report on all such receipts and expenditures
to the Governor;
(25) Cooperate with the state historian and other appropriate
state agencies in conducting research with reference to the
establishment of state parks and monuments of historic, scenic and
recreational value, and to take such steps as may be necessary in
establishing such monuments or parks as he or she deems advisable;
(26) Maintain in his or her office at all times, properly
indexed by subject matter, and also, in chronological sequence, all
rules and regulations made or issued under the authority of this
chapter. Such records shall be available for public inspection on
all business days during the business hours of working days;
(27) Delegate the powers and duties of his or her office,
except the power to execute contracts, to appointees and employees
of the division, who shall act under the direction and supervision
of the director and for whose acts he or she shall be responsible;
(28) Conduct schools, institutions and other educational
programs, apart from or in cooperation with other governmental
agencies, for instruction and training in all phases of the natural
resources programs of the state;
(29) Authorize the payment of all or any part of the
reasonable expenses incurred by an employee of the division in moving his or her household furniture and effects as a result of a
reassignment of the employee: Provided,
That no part of the moving
expenses of any one such employee shall be paid more frequently
than once in twelve months; and
(30) Promulgate rules, in accordance with the provisions of
chapter twenty-nine-a of this code, to implement and make effective
the powers and duties vested in him or her by the provisions of
this chapter and take such other steps as may be necessary in his
or her discretion for the proper and effective enforcement of the
provisions of this chapter.
NOTE: The purpose of this bill is to appropriately reflect
changes in today's timber market by raising from $500 to $5,000 the
amount of WMA timber that may be sold without sealed bids.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.