2002 West Virginia Legislative Update

2002 West Virginia Legislative Update

William Charnock, Executive Director, West Virginia Prosecuting Attorneys Institute

New Offenses

Failure to follow directions of EMS or firefighters

HB 4070 - Effective June 5, 2002

Code Sections - §16-4C-19 and 29-3A-4

Effect: Creates misdemeanor offense for the failure to obey directions of firefighters or any emergency medical service agency personnel directing or controlling traffic while engaged in official business. Traffic direction must be conveyed by a retro-reflective hand signing device. First offense punished by fine up to $500 and/or up to 10 days in jail; second offense punished by fine up to $1,000 and/or jailed 10 to 30 days; third offense punished by fine up to $5,000 and/or jailed six months to one year.

Prohibiting price gouging after disaster

HB 4116 - Effective June 6, 2002

Code Sections - §46A-6J-1 through 6

Effect: Protect consumers from price gouging and unfair pricing practices during and shortly after natural or man-made disasters or other states of emergency. The act provides criminal penalties and remedies for violations. Creates misdemeanor offense of price gouging prohibiting selling items during a state of emergency 10 % greater than the price preceding the disaster. Prohibition lasts during the existence of the emergency or 30 days following the declaration, whichever is longer. Also prohibits contractors, for a period of 180 days after the declaration of an emergency, from repairing or reconstructing in areas effected by the emergency at a cost greater than 10 % of what the cost would have been preceding the disaster. Provides for penalty of a fine not more than $1,000 and/or jailed not more than one year. Violation of article is deemed to be an unfair or deceptive act or practice under WV Code §46A-6-102.

Amusement ride safety; penalty

HB 4278 - Effective May 28, 2002

Code Sections §21-10-2, 12a and 14 through 18

Effect: Provides criminal and civil penalties for individuals operating or assembling amusement rides while intoxicated and also requires amusement ride operators and permittees to be at least 18 years old. An owner or operator who permits operation by one under the influence is guilty of a misdemeanor punishable by a fine between $250 and $1,000 and/or jailed up to twelve months. A person operating or assembling an amusement ride while intoxicated is guilty of a misdemeanor punishable by a fine between $1,000 and $2,500 and/or jailed between 30 days and one year. Does not apply to coin operated devices, ski lifts, tramways at state parks, vehicles of husbandry incidental to agricultural operations or amusement devices controlled by county or municipal regulations and concession stands or booths selling food, drink or souvenirs.

Offense of withholding information from doctor about prior prescription

HB 4419 - Effective June 5, 2002

Code Sections §60A-4-410 and §60A-9-1 through 7

Effect: Creates the misdemeanor offense of a patient withholding information from a practitioner that the patient has obtained a prescription for a controlled substance from another practitioner when the patient is seeking a similar prescription from the second practitioner. Patient who withholds this information is guilty of a misdemeanor and subject to confinement in jail up to six months and/or fined up to $1,000. Expands reporting requirements to include Schedule III and IV controlled substances.

Disturbing the peace in state buildings

SB 57 - Effective June 7, 2002

Code Sections §61-6-1b and §61-6-19

Effect: Clarify that it is a crime to disturb the peace in any office or office building of the state, or in the capitol complex, or on any other property owned or controlled by the state of West Virginia. The bill also makes it a misdemeanor to bring deadly weapons on the capitol complex grounds; making it a crime to deface state property and to willfully block or obstruct any public access, stair or elevator on the capitol complex grounds. A violation of this section shall be fined not less than $100 and/or jailed up to six months.

Harassing by computer

SB 97 - Effective May 20, 2002

Code Section §61-3C-14a

Effect: Establish the criminal offense of harassing by means of a computer. Prohibits the use of a computer to make anonymous contact, repeated contact after being asked to stop or to threaten to commit a crime. The bill makes it illegal for a person to permit a computer to be used for a prohibited effect. Venue lies at the place contact originated or the place contact was received or intended to be received. A first offense conviction is punishable by a fine up to $500 and/or jailed not more than six months. A second or subsequent offense is also a misdemeanor punishable by a fine up to $1,000 and/or jailed up to one year.

Electrical inspectors

SB 123 - Effective June 4, 2002

Code Sections §29-3C-1 through 10

Effect: Require the state fire marshal to promulgate rules providing for the certification of electrical inspectors. The state fire marshal will examine and certify electrical inspectors. Person performing electrical inspections without being certified pursuant to this article is guilty of a misdemeanor and shall be fined between $150 and $500 and/or jailed up to 90 days. A second or subsequent conviction is punishable by a fine between $500 and $1,000 and/or jailed up to 90 days.

Handicapped placards and parking

SB 156 - Effective June 7, 2002

Code Section §17C-13-6

Effect: Create the new criminal offenses for selling unofficially issued “accessible parking” placard or identification cards and creating the offense of giving away placard and submitting an application for another placard on the basis of same being stolen. All are misdemeanors and all are punishable by fine. Creates second or subsequent offenses, all of which are punishable by fine. The bill also provides local authorities who adopt enforcement provisions retain fines and fees associated with enforcement of this section.

Driving around emergency vehicles

SB 278 - Effective June 7, 2002

Code Section §17C-14-9a

Effect: Require drivers to take precautions when approaching a stationary authorized emergency vehicle displaying emergency signals. The bill requires drivers to slow down and obey the signals of emergency vehicles. Violation is a misdemeanor punishable by a fine not more than $500 and/or jailed up to 60 days. If a violation results in property damage, driver’s license suspended for 90 days; if a violation results in personal injury, driver’s license suspended for six months; if a violation results in death, driver’s license suspended for two years. Any person violating this section and while doing so also violates DUI statute subject to additional fine between $1,000 and $5,000 and/or jailed up to six months.

Timbering

SB 431 - Effective July 1, 2002

Code Section §19-1B-4, 6, 7 and 12a

Effect: Create several new misdemeanors all relating to timbering; specifically, timbering without a license, timbering without notifying the director of the Division of Forestry, timbering without the statutorily required supervisor and continuing to timber while the license to do so is suspended or revoked. All of the above are punishable by fine between $250 and $5000. Each day in violation constitutes a separate offense. Gives jurisdiction to forester or forest ranger employed by Division of Forestry to issue citations that he or she personally witnessed; however, it does not give them power of arrest.

Acts at state government buildings

SB 513 - Effective June 5, 2002

Code Section §61-3B-5

Effect: Provide criminal penalties for willful violations of court rules, legislative rules or department of administration rules relating to state government building access and security. Anyone violating an administrative order of a court, the Secretary of Administration, or of the Senate and/or the House of Delegates relating to access to government buildings under their control is guilty of a misdemeanor, subject to confinement in jail up to 30 days and/or fined up to $500. Anyone violating this section with the intent to commit a misdemeanor is guilty of a misdemeanor subject to confinement not more than one year and/or fined not more than $1,000; anyone violating this section with the intent to commit a felony is guilty of a felony subject to incarceration not less than one nor more than five years and/or fined up to $5,000.

Alien workers

SB 560 - Effective June 7, 2002

Code Section §21-1B-1 through 5

Effect: Make unlawful to hire an alien who is not authorized to work in the United States and place duty on employers to verify, and keep records of, employee’s legal status or authorization to work. First violation of article is a misdemeanor punishable by fine between $100 and $1,000. An employer with a prior conviction who thereafter violates the article is guilty of a misdemeanor punishable by fine between $500 and $5,000.

Requiring commercial trucks to stop at railroad crossings

SB 664 - Effective June 7, 2002

Code Sections §17C-12-3 and §17E-1-4 and 12

Effect: Comply with federal requirements to establish disqualification penalty periods for persons with commercial drivers licenses who are convicted of certain specified railroad crossing violations and to comply with the U. S. A. Patriot Act which requires federal background checks on commercial drivers who transport hazardous material. The bill requires certain commercial motor vehicles (including buses transporting passengers and cargo tanks used for transporting hazardous materials) to stop at all railroad crossings. Exceptions to the stopping requirement include crossings where a police officer or signal directs traffic to proceed, a crossing controlled by a functioning traffic signal and crossings marked with signage indicating that the rail line is out of service. Failure to comply with the stopping requirement is a misdemeanor punishable by a fine of $100 or jailed up to 10 days.

Adding Ketamine to Schedule III

SB 692 - Effective June 6, 2002

Code Sections §60A-2-206 and 208

Effect: Reschedule the controlled substance dronabinol from Schedule II to Schedule III and adds Ketamine to Schedule III.

Vehicle shows

SB 695 - Effective June 7, 2002

Code Sections §17A-6-5a

Effect: Authorize out-of-state dealers to participate in West Virginia vehicle shows. Creates several new misdemeanors relating to dealers not having a license, dealers not getting permission from the manufacturer to participate in the show or not obtaining a permit to participate from West Virginia. All punishable by fine up to $500 and/or jailed up to 6 months.

Disposal of human remains

SB 742 - Effective June 7, 2002

Code Sections §30-6-1 through 32 and §61-12-9

Effect: Create new misdemeanors of either failing to cremate or failing to deliver cremated remains pursuant to contract or court order. Both are punishable by fine between $1,000 and $5,000 and/or jailed up to 6 months.

Criminal Procedure

Adding formula for DUI

HB 3076 - Effective June 7, 2002

Code Section §17C-5-8

Effect: Add to the acceptable formulas for determination of percent, by weight, of alcohol in the blood to include the number of grams of alcohol per eighty-six milliliters of serum.

Correcting inconsistency in form indictment for petit larceny

HB 4044 - Effective from passage - March 9, 2002

Code Section §61-11-9

Effect: Remove the three year statute of limitations for petit larceny and make the same one year.

Authorizing correction officers to execute warrants

HB 4115 - Effective June 3, 2002

Code Sections §5-1-9 and §62-10-9

Effect: Provide that correctional officers at state facilities and regional jails have authority to execute warrants on persons in their custody. The bill also authorizes correctional officers to apply for fugitive from justice warrants when they have reasonable grounds to believe persons in their custody are charged with crimes in other states.

Adding father-in-law and mother-in-law to family member definition for domestic violence

HB 4273 - Effective June 7, 2002

Code Sections §48-27-204 and §48-27-312

Effect: Correct an omission by adding father-in-law and mother-in-law to the definition of family or household members for domestic violence prevention and treatment. The bill also allows that any record in a proceeding under this article shall be supplied to one presenting a subpoena duces tecum in a criminal action; records may be disclosed in civil cases only with good cause shown.

Authorizing court costs as term of probation under 4-407 disposition

HB 4318 - Effective June 6, 2002

Code Section §60A-4-407

Effect: Clarify that a judge may assess court costs as a term of probation in the case of deferred prosecution in cases of first offense marijuana possession.

Juvenile record access for Division of Juvenile Services

HB 4429 - Effective June 5, 2002

Code Section §49-5-13

Effect: Allow the Division of Juvenile Services to have access to court orders and records involving the underlying offense or offenses for which a juvenile is adjudicated delinquent so that it can assess what the appropriate counseling and placement needs of the juvenile offender would be.

Reimburse costs of water spills

HB 4449 - Effective June 5, 2002

Code Section §22-11-29

Effect: Authorize the Department of Environmental Protection to file civil actions to be reimbursed for costs incurred for emergency response to spills or accidental discharges of pollutants which enter or may enter state waters.

Monitoring inmate phone calls at regional jails

HB 4494 - Effective June 3, 2002

Code Section §31-20-5e

Effect: Permit the Regional Jail Authority to monitor, intercept, record and disclose all telephone calls made to or from inmates housed in its facilities. The contents of the calls may be disclosed only if necessary to safeguard the operation of the facility, necessary for the investigation, prosecution or prevention of a crime, required by court order or necessary to protect persons from physical harm or threat of physical harm. Calls between inmates and their attorneys cannot be monitored in any manner.

Parole hearings

HB 4530 - Effective June 2, 2002

Code Section §62-12-19

Effect: Enable parolees to participate in Community Corrections Programs when a violation of parole is non-felonious. The bill further provides that no parole revocation hearing is necessary when the parolee has been convicted of a felony while on parole.

Extend time for payment of costs and fines in criminal cases

HB 4580 - Effective June 5, 2002

Code Sections §8-10-2a and 2b; §17B-3-3a and §50-3-2a

Effect: Expand the maximum period of time for the payment of costs, fines, fees, forfeitures, restitution or penalties in municipal and magistrate court criminal cases from 90 to 180 days and further expands from 90 to 180 days the time period which must pass prior to license suspension for non-payment.

Venue for Industrial Home for Youth

SB 78 - Effective June 4, 2002

Code Section §28-3-1b

Effect: Venue for criminal or civil actions occurring on the grounds at the WV Industrial Home for Youth lies in Harrison County.

Placement of abused or neglected children

SB 445 - Effective June 7, 2002

Code Sections §49-6-5 and 8

Effect: Effect placement of abused or neglected children outside the foster care program unless there remains no other choice.

DNA and convicted felons

SB 524 - Effective July 1, 2002

Code Section §15-2B-6

Effect: Adding convictions for felony drug offenses under Chapter 60A, Article 4, attempt to commit murder or kidnaping and attempted sexual offense under Article 8B to the class required to provide a DNA sample for analysis. Changes blood sample to DNA sample to allow for the collection of either saliva, hair or blood.

Mental Hygiene

SB 536 - Effective June 7, 2002

Code Sections §27-5-1, 2 and 3

Effect: Remove prosecuting attorneys from mandatory appearance at probable cause hearings. Agreements between two or more counties allowed; counties need not be contiguous. Expands time for probable cause hearing to 24 hours after respondent taken into custody if standing order exists establishing a program for placement and respondent is not in need of medical care for a physical condition. No probable cause hearing needed if physician or psychologist determines that the respondent is neither mentally ill nor addicted and/or not a danger to self or others. Qualified licensed independent clinical social workers are authorized to certify respondents. The Supreme Court and DHHR are to collect data and report to the Legislature on the effect of these changes and recommendations for further modifications. DHHR must seek reciprocal agreements with contiguous states to develop agreements to provide services to out-of-state residents in need of services found in West Virginia.

Home confinement program to be supervised by probation

SB 613 - Effective June 7, 2002

Code Section §62-11B-12

Effect: Clarify that probation officers supervise persons paroled from home incarceration and that such parolees have the same rights and are subject to the same sanctions as Division of Corrections parolees.

Juvenile examination, diagnosis and classification

SB 620 - Effective June 3, 2002

Code Section §49-5-13a

Effect: Increase the time of the period of custody for examination, diagnosis and classification of juveniles from 30 to 60 days.

Fee schedule for DHHR services

SB 697 - Effective June 7, 2002

Code Section §49-7-33

Effect: Require the DHHR to pay for professional services in accordance with an established fee schedule set by the department.

Community Corrections

SB 711 - Effective June 7, 2002

Code Section §62-5-10 and §62-11C-2, 3, 4, 6 and 7

Effect: The assessment in every felony criminal matter is increased to $75, of which $25 is to be transmitted by the circuit clerk to the WV Community Corrections Fund. In municipal, magistrate and circuit court proceedings, $3 is added to court costs in criminal cases, excluding parking ordinances, to be deposited into the Community Corrections Fund. If a county has not established a Community Criminal Justice Board by July 1, 2002, the chief probation officer and the chief circuit judge may apply for and receive approval and funding from the governor’s Committee on Crime, Delinquency and Corrections.

Division of Juvenile Services placement of children

SB 717 - Effective June 6, 2002

Code Section §49-5E-2

Effect: Clarify the ability of the director of the division of juvenile services to determine the facility in which juveniles in his custody should be placed.

Foster care generally

SB 733 - Effective June 6, 2002

Code Section §49-2-14

Effect: Give foster parents thirty days to exercise the right of foster parents to express their intention to adopt a foster child whose parental rights have been terminated. As written, the current statute has been interpreted as allowing foster parents to express an intention to adopt at anytime before the consummation of the child’s adoption by someone other than the foster parents.

Video arraignments by magistrate for inmates

SB 740 - Effective June 7, 2002

Code Section §50-4-2a

Effect: Allow that video initial appearance and arraignments should, if practicable, be conducted by the magistrate of the charging jurisdiction and enable the Supreme Court to issue an order relating to video imaging of pretrial proceedings.

Penalties

Increased penalties for discarding lighted materials

HB 4310 - Effective June 7, 2002

Code Section §20-3-6

Effect: Increase penalties for discarding lighted material to a fine of $100 to $2,000, jailed ten to two hundred days or litter control between 32 to 64 hours and to allow the state fire marshal to have enforcement powers of this section.

Employment of children

HB 4430 - Effective June 7, 2002

Code Section §21-6-1 through 11

Effect: Amend child labor law generally; increase the penalty for violation of article for first offense from fine between $25 and $50 to fine between $50 and $200. A second or subsequent offense penalty increased from fine of $50 to $200 and/or jailed up to 30 days to fine between $20 and $1,000 and/or jailed up to six months.

Contractor licensing board

SB 429 - Effective June 7, 2002

Code Section §21-11-7, 8, 10, 13 and 14

Effect: Amend Contractor Licensing Board generally; increase the penalty for first offense violation of article to fine between $200 and $1,000. Create second and third or subsequent offenses for engaging in contracting business without a valid license. A second offense carries a penalty of a fine between $500 and $5,000 and/or jailed up to six months. A third or subsequent offense is punishable by a fine between $1,000 and $5,000 and/or jailed 30 days to one year.

Fire Marshal generally

SB 488 - Effective June 7, 2002

Code Sections §29-3-12, 12b and 16a

Effect: Clarify powers and duties or state fire marshal generally; increase fine portion of penalty for violating any fire and life safety rule of the state fire code from $100 to $100 to $1,000. Provide fire marshal authority to confiscate contraband used in violation of fire code, to fingerprint and request a criminal history for those applying for a permit to use explosives and to assist other law enforcement personnel upon request.

Solid Waste Management Act

SB 609 - Effective June 5, 2002

Code Section §22-15-15

Effect: Clarify the criminal penalties under the Solid Waste Management Act by specifying the penalties in the statute rather than referring to another code section. New penalty for illegally accumulating 1,000 or more waste tires to be imprisonment one to five years and requirement of cleaning up and properly disposing or reimbursing the state for clean up costs. Additional fine up to $50,000 for every day of the continuing violation.

Life punishable attempt

SB 610 - Effective June 3, 2002

Code Section §61-11-8

Effect: Increase the penalty for attempted murder from one to five years to three to fifteen years imprisonment.

Law Enforcement Officers

Active duty in-service

HB 4119 - Effective June 7, 2002

Code Section §30-29-6

Effect: If a law enforcement officer has been called to active duty as a member of the U. S. air force, army, coast guard, marines or navy or as a member of the national guard or reserve military forces, resulting in separation from the law enforcement agency for more than 12 months but less than 24 months, he or she shall complete the mandated in-service training within 90 days of his or her reappointment at a law enforcement agency.

Conditional law enforcement officer

HB 4268 - Effective June 6, 2002

Code Section §30-29-5

Effect: An applicant to law enforcement training who has completed the minimum training required by the governor’s committee may be certified as a law enforcement officer even if the applicant failed to complete additional training hours required in the training program to which he or she originally applied. Beginning July 1, 2002 until June 30, 2003, any applicant who has been conditionally employed as a law enforcement officer who failed to submit an application within the ninety day deadline may be conditionally employed as a law enforcement officer and may resubmit an application to an approved law enforcement academy. If accepted, the employer shall pay compensation to the employee for attendance.

Racial profiling

HB 4289 - Effective May 26, 2002

Code Section §30-29-10

Effect: Require all state and local law-enforcement agencies to establish and maintain policies and procedures to prevent racial profiling. These policies shall include: 1) a prohibition on racial profiling; 2) independent procedures for responding to complaints; 3) disciplinary procedures; and 4) any other policies and procedures needed to eliminate racial profiling. The Legislative intent states “racial profiling is contrary to public policy and should not be used as a law-enforcement investigative tactic.”

Guns

Probation officers

SB 48 - Effective July 1, 2002

Code Sections §61-7-6 and §62-12-6

Effect: Remove probation officers from exceptions as to prohibitions against carrying concealed weapons and adds language allowing probation officers to carry in the course of their duties after being qualified by the governor’s committee.

Division of Highways weigh crews

SB 256 - Effective June 6, 2002

Code Section §17C-2-3

Effect: To allow designated special officers serving as members of DOH weighing crews to carry handguns in the course of their official duties after being qualified by the governor’s committee.

Reserve officers

HB 4314 - Effective May 29, 2002

Code Section §6-3-1a

Effect: To prohibit deputy sheriff’s reserve officers from carrying firearms. Current law prohibits the carrying of weapons. The sheriff must certify in writing to the county commission the reserve officer meets the special training requirements for the weapon as established by the governor’s committee.

County Government and Organization

Lame duck office holders and budget

HB 2012 - Effective June 7, 2002

Code Section §7-7-7a

Effect: Prohibit county elected officials from spending or obligating, without the approval of the county commission, more than 50% of funds allocated for his or her office before the end of the calendar year if they will be leaving office due to resignation or election defeat. This includes increasing employee salaries to a level that would create a deficit in the budget if paid during the remainder of the fiscal year.

Home confinement fees

HB 3065 - Effective June 5, 2002

Code Section §62-11B-7

Effect: Home incarceration fees will be paid directly to the sheriff rather than to the circuit clerk who then remitted them to the sheriff.

Posting addresses in mobile home parks

HB 3142 - Effective May 12, 2002

Code Section §7-1-3gg and §8-12-5

Effect: Authorize county commissions to require owners, residents or occupants of factory-built homes located in factory-built home rental communities of at least ten homes or more to visibly post the specific numeric portion of the address. The numbers must be or sufficient size to be seen from the adjoining street. If no numeric address exists, the commission has the authority to provide a numeric designation for the factory-built home.

Public nuisance ordinances

SB 3 - Effective June 6, 2002

Code Section §7-1-3ii

Effect: Authorize county commissions to enact general public nuisance ordinances. The language is similar to the ordinance authority given to municipalities.

Public officials and pecuniary interest in contracts

SB 61 - Effective May 29, 2002

Code Section §61-10-15

Effect: Mere employment with a vendor or supplier under contract with a county agency or mere pecuniary interest in a bank serving as or under consideration to serve as a depository for county funds is not a violation of the law if the effected person does not participate in deliberations or authorize payments under a contract. A conviction is required before a person could be removed from office or have their certification revoked for violations of the provisions of this section.

County elected official salary

SB 211 - Effective June 7, 2002

Code Section §7-7-1 and 4

Effect: Provide a 10% increase for all county elected officials. Before the salaries can be increased, the auditor must certify that the proposed county budget for fiscal year 03 has increased sufficiently over the previous fiscal year to cover the increases. Each county official who wishes to receive the increased salary must file an acceptance agreement with the county clerk’s office prior to the effective date. If the county official does not file this agreement, the salary increase cannot be received. The increased salaries automatically go into effect (provided sufficient revenue) when a county official vacates the office or the term of office expires. The effective date for the salary increases is July 1, 2002.

Prosecutor’s investigators

SB 267 - Effective June 7, 2002

Code Section §7-4-2

Effect: With prior approval of the county commission and county prosecuting attorney, a full-time investigator employed in the county prosecutor’s office may accept other employment.

Confidentiality of 911 calls

SB 435 - Effective June 7, 2002

Code Section §24-6-13

Effect: Except as provided by provisions of this new section, calls for emergency service to a county answering point are not confidential. Calls reporting alleged criminal conduct are to be kept confidential and may be released only under court order, subpoena or course of discovery in a criminal case. A person may obtain a transcript of a call for emergency service reporting alleged criminal conduct for a reasonable fee set by the call center director. Any information about the identity of the call shall be excluded from the transcript and, if this cannot be done to protect the identity, the call center may decline to provide the transcript. All calls for emergency service which are recorded electronically or in other forms are to be maintained for a period of at least 90 days. A county answering point may release information to law enforcement agencies or to the prosecuting attorney pursuant to a criminal investigation.

Legal advertising rate increase

SB 554 - Effective June 5, 2002

Code Section §8-13-23 and §59-3-1 through 4

Effect: Legal advertising rates are increased by as much as 70% over three years with accompanying reductions in circulation. Newspapers may charge usual and customary rates for notarizing and producing additional copies of the affidavits and statements.

DNR

Muzzle-loading season

HB 2062 - Effective June 7, 2002

Code Section §20-2-46j

Effect: Allow muzzle-loading firearms to include open sights or telescopic sights for the taking of deer during the muzzle-loading deer season. Also excludes Logan, McDowell, Mingo and Wyoming counties from muzzle-loading deer season.

Carry concealed while hunting

HB 4315 - Effective June 6, 2002

Code Section §20-2-6a

Effect: Allow those licensed to carry a concealed weapon to carry a handgun in a concealed manner for self defense purposes while hunting, hiking, camping or in or on a motor vehicle. Section does not exempt the requirement of possessing any hunting license or stamp.

Non resident Class E license

SB 576 - Effective June 7, 2002

Code Section §20-2-43

Effect: Widen Class E license provisions for hunting wild animals and birds to include trapping those animals.

Reciprocal agreements with Ohio

SB 721 - Effective June 3, 2002

Code Section §20-2-28

Effect: Allow Ohio hunters and fishermen to cross the state borders without obtaining separate West Virginia licenses; however, the state of Ohio must enter into a reciprocal agreement with the state before it takes effect.

Class XJ junior sportsman’s license

SB 722 - Effective June 7, 2002

Code Section §20-2-46m

Effect: Allow out-of-state children between the age of 8 and 15 to buy junior sportsman’s hunting, fishing and trapping licenses. Out-of-staters would have to pay extra to receive conservation, law enforcement and sports education license stamps.