SB 447 — Providing tax credit to certain disabled veterans for lifetime hunting, trapping, and fishing license

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 447 FISCAL NOTE By Senators Smith, Deeds, Chapman, Taylor, and CaputoMaynard [Introduced[Originating Januaryin 24,the 2023;Committee on Military;

referredreported on February 8, 2023] CS for SB 447 A BILL to amend the CommitteeCode onof Military;West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1, §11-13MM-2, and §11-13MM-3;

and then to the Committee on Finance] Intr SB 447 2023R3155S 2023R1148H A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13MM-1, §11-13MM-2, and §11-13MM-3;

and to amend and reenact §20-2B-7 of said code, all relating to tax credit offered to disabled veterans that have been honorably discharged from the military for the cost of their lifetime hunting, trapping, and fishing license;

requiring that disabled veterans obtainingobtain a hunting, trapping, and fishing license;

"Eligible veteran" means aany West Virginia resident who has served inas thean active military,member naval,of orthe airarmed serviceforces of the United StatesStates, ofthe America,National andGuard, who was discharged or released therefrom under conditions other than dishonorable, receives service-related disability compensation based on a totalreserve disabilitycomponent rating of not less than 50% as certifieddescribed byin the38 VeteransU.S.C. Administration, and has completed the purchase of and been issued a lifetime hunting, fishing, and trapping license for veterans pursuant to §20-2B-1 et seq.

36 §101.

Notwithstanding any provision in this code to the contrary, a veteran must be honorably discharge, or under honorable conditions as described in 38 U.S.C.

§101, and has completed the purchase of and been issued a lifetime hunting, fishing, and trapping license for veterans pursuant to §20-2B-1 et seq.

(a) ThereEligible is allowed to eligible veterans in this state are allowed a nonrefundable one-time credit against taxes imposed by §11-21-1 et seq.

(b) The amount of the tax credit is equal to the amount paid by the eligible veteran for his or Intr SB 447 2023R3155S 2023R1148H her West Virginia resident veteran lifetime hunting and fishing license and shall not exceed one 1 CS for SB 447 half of the adult fee for a lifetime license purchased pursuant to §20-2B-1 et seq.

(b) To claim the tax credit, an eligible veteran shall submit proof of purchase showing the dollar amount paid forfor, and date of issuanceissuance, of a lifetime license for veterans from the Division of Natural Resources.

(a) (1) Bona fide resident landowners or their resident children, or resident parents, or bona fide resident tenants of the land may hunt, trap, or fish on their own land during open season in accordance with the laws and rules applying to the hunting, trapping and fishing without obtaining a license, unless the lands have been designated as a wildlife refuge or preserve.

(b) (2) Any bona fide resident of this state who is totally blind may fish in this state without Intr SB 447 2023R3155S 2023R1148H obtaining a fishing license.

A written statement or certificate from a duly licensed physician of this 2 CS for SB 447 state showing the resident to be totally blind shall serve in lieu of a fishing license and shall be carried on the person of the resident at all times while he or she is fishing in this state.

(c) (3) All residents of West Virginia on active duty in the armed forces of the United States of America, while on leave or furlough, may hunt, trap,trap or fish in season in West Virginia without obtaining a license.

(d) (4) In accordance with the provisions of §20-2-28 of this code, any resident 65 years of age or older before January 1, 2012, is not required to have a license to hunt, trap, or fish during the legal seasons in West Virginia, but in lieu of the licenselicense, the person shall at all times while hunting, trapping or fishingfishing, carry on his or her person a valid West Virginia driver's license or nondriver identification card issued by the Division of Motor Vehicles.

Provided, That the state shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing to licensed residents of West Virginia without requiring the residents to obtain that state'sstate’s hunting and fishing licenses.

Intr SB 447 2023R3155S 2023R1148H (g) (7) Any resident of West Virginia who was honorably discharged from the Armed 3 CS for SB 447 Forces of the United States of AmericaAmerica, and who receives a veteran's pension based on total permanent service-connected disability as certified to by the Veterans AdministrationAdministration, may hunt, traptrap, or fish in this state without obtaining a license.

The director shall propose rules for legislative approval in accordance with the provisions of article§29A-3-1 three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the veteran, manner of applying for and receiving the certificationcertification, and requirements as to identification while the veteran is hunting, trappingtrapping, or fishing.

(h) (8) Any disabled veteran who is a resident of West Virginia and who, as certified to by the Commissioner of Motor Vehicles, is eligible to be exempt from the payment of any fee on account of registration of any motor vehicle owned by the disabled veteran as provided in section§17A- eight,10-8 article ten, chapter seventeen-a of this code shall be permitted to hunt, trap or fish in this state without obtaining a license.

The director shall propose rules for legislative approval in accordance with the provisions of article§29A-3-1 three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the disabled veteran, manner of applying for and receiving the certification and requirements as to identification while the disabled veteran is hunting, trappingtrapping, or fishingfishing. (i) (7) Any resident or inpatient in any state mental health, health, or benevolent institution or facility may fish in this state, under proper supervision of the institution involved, without obtaining a fishing license.

A(i) written(9) statementAny resident or certificateinpatient signedin byany thestate superintendent of the mental health, healthhealth, or benevolent institution or facilityfacility, in which the resident or inpatient, as the case may be,fish is institutionalized shall serve in lieuthis ofstate, aunder fishingproper licensesupervision and shall be carried on the person of the residentinstitution orinvolved, inpatientwithout atobtaining alla times while he or she is fishing inlicense. this state.

(j)A (8)written Anystatement or certificate signed by the superintendent of the mental health, health, or benevolent institution or facility in which the resident whoor inpatient, as the case may be, is developmentallyinstitutionalized disabled,shall asserve certifiedin bylieu of a physicianfishing license and shall be carried on the Directorperson of the Divisionresident ofor Health,inpatient mayat fishall intimes thiswhile statehe withoutor obtainingshe ais fishing license.in this state.

(j) (10) Any resident who is developmentally disabled, as certified by a physician and the Director of the Division of Health, may fish in this state without obtaining a fishing license.

Intr SB 447 2023R3155S 2023R1148H (2) (B) Is manifested before the person attains age twenty-two;22;

4 CS for SB 447 (3) (C) Results in substantial functional limitations in three or more of the following areas of major life activity:

(k) (9)(11) A student 18 years of age or younger receiving instruction in flyfly-fishing fishing in a public, private, parochial, or Christian school in this state may flyfly-fish fish in the state for catch and release only without obtaining a fishing license while under the supervision of an instructor authorized by the school.

of this code, setting fees for lifetime licenses and shall have authority to promulgate Intr SB 447 2023R3155S 2023R1148H emergency legislative rules necessary to make effective the provisions of this section by July 1, 5 CS for SB 447 2021.

The rule shall further provide that the fee for any combination hunting, trapping, and fishing license for any West Virginia resident who has served inas thean active military,member naval,of orthe airarmed serviceforces of the United StatesStates, ofthe America,National andGuard, who was discharged or released therefrom under conditions other than dishonorable, and receives service-related disability compensation based on a totalreserve disabilitycomponent rating of not less than 50%, as certifieddescribed byin the38 VeteransU.S.C. Administration, shall be one half of the adult fee set under the rule.

Intr36 SB§101. 447 2023R3155S 2023R1148H NOTE:

TheNotwithstanding purposeany ofprovision in this billcode is to provide a tax credit for 50% of the costcontrary, of a lifetimeveteran hunting,must trappingbe and fishing license for veterans who have been honorably discharged fromor theunder armedhonorable servicesconditions and who are certified by the Veterans Administration as notdescribed lessin than38 50%U.S.C. totally disabled.

Strike-throughs§101. indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

NOTE:

The purpose of this bill is to provide a tax credit for 50% of the cost of a lifetime hunting, trapping, and fishing license for veterans who have been honorably discharged from the armed services and who are certified by the Veterans Administration as not less 6 CS for SB 447 than 50% totally disabled.

Strikethroughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.