SB 429 — Providing tax credit to certain honorably discharged veterans for lifetime hunting and/or fishing license

Provided, That the State of Ohio shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing from the Ohio banks of the river to licensed residents of West Virginia without requiring the residents to obtain Ohio hunting and fishing licenses.

(g) (7) Any resident of West Virginia who was honorably discharged from the Armed Forces of the United States of America, and who receives a veteran's pension based on total Intr SB 429 2025R2011 permanent service-connected disability as certified to by the Veterans Administration, may 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 §29A-3-1 et seq.

of this code setting forth the procedure for the certification of the veteran, manner of applying for and receiving the certification, and requirements as to identification while the veteran is hunting, trapping, 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 §17A- 10-8 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 §29A-3-1 et seq.

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, trapping, or fishing.

(i) (9) 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 written statement or certificate signed by the superintendent of the mental health, health, or benevolent institution or facility in which the resident or inpatient, as the case may be, is institutionalized shall serve in lieu of a fishing license and shall be carried on the person of the resident or inpatient at all times while he or she is fishing 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.

As used in this section, "developmentally disabled" means a person with a severe, chronic disability which:

(1) (A) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;

(2) (B) Is manifested before the person attains age 22;

(3) (C) Results in substantial functional limitations in three or more of the following areas of Intr SB 429 2025R2011 major life activity:

(A) (i) Self-care;

(B) (ii) Receptive and expressive language;

(C) (iii) Learning;

(D) (iv) Mobility;

(E) (v) Self-direction;

(F) (vi) Capacity for independent living;

and (G) (vii) Economic self-sufficiency;

and (4) (D) Reflects the person's need for a combination and sequence of care, treatment or supportive services which are of lifelong or extended duration and are individually planned and coordinated.

(k) (11) A student 18 years of age or younger receiving instruction in fly-fishing in a public, private, parochial, or Christian school in this state may fly-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.

ARTICLE 2B.

WILDLIFE ENDOWMENT FUND.

§20-2B-7.

Lifetime hunting, fishing, and trapping licenses created.

(a) Pursuant to §20-2B-3 of this code, the director may issue the following lifetime hunting, fishing, and trapping licenses and for the lifetime of the licensee, the lifetime licenses serve in lieu of the equivalent annual license:

Lifetime resident statewide hunting and trapping license;

lifetime resident combination statewide hunting, fishing, and trapping license;

lifetime resident statewide fishing license;

and lifetime resident trout fishing license.

(b) The director shall propose a rule for legislative approval in accordance with §29A-3-1 et seq.

of this code, setting fees for lifetime licenses and shall have authority to promulgate emergency legislative rules necessary to make effective the provisions of this section by July 1, 2021.

The fees for adult lifetime licenses shall be 23 times the fee for the equivalent annual Intr SB 429 2025R2011 licenses or stamps except as otherwise provided in this section.

The rule shall provide that the fee for any resident who has not reached his or her 15th birthday shall be:

(1) Forty percent of the adult fee set under rule for any resident who has not reached his or her first birthday;

(2) Fifty-five percent of the adult fee set under rule for any resident who is over one year old but has not reached his or her fifth birthday;

(3) Seventy-five percent of the adult fee set under rule for any resident who is over five years old but has not reached his or her 10th birthday;

and (4) Ninety percent of the adult fee set under rule for any resident who is over 10 years old but has not reached his or her 15th birthday.

The rule shall also provide that any resident who has not reached his or her 15th birthday and has been legally adopted shall be provided the same fee schedule, except the division shall use the date of entry of the order or decree of adoption as the licensee’s date of birth for purposes of calculating the appropriate fee:

Provided, That in addition to the provisions of this subsection for adopted children, foster parents may also purchase a lifetime license for their respective foster children under the same guidelines, except the division shall use the date of entry of the order placing the child in foster care as the licensee’s date of birth for purposes of calculating the appropriate fee.

The rule shall further provide that the lifetime license tax credit claimed for any combination hunting, trapping, and fishing license is valid for any West Virginia resident who has served as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U.S.C.

36 §101.

Notwithstanding any provision in this code to the contrary, an eligible veteran shall be honorably discharged or discharged under honorable conditions as described in 38 U.S.C.

§101.

The purpose of this bill is to provide a tax credit for 50% of the cost of a lifetime Intrhunting SBand/or 429 2025R2011 hunting, trapping, and fishing license for veterans who have been honorably discharged from the armed servicesservices. and who are certified by the Veterans Administration as not less than 50% totally disabled.