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Little Bear's Link
Delegates,
I am asking you to oppose HB 4070. I realize the Chairman of Finance has sponsored this bill which is the committee where it currently resides, but this bill, despite it's well intentions, is not good legislation or policy.
First, State agencies are tax exempt. How can a State agency be taxed for properties owned? The bill may call them "fees" but they are taxes and I believe this bill should also be referenced to Judiciary for a ruling on that issue.
Second, some of the land DNR uses for WMA's is not actually owned by DNR but rather are arrangements with large property owners who are allowing their land to be used to support public access.
Third, it is my understanding if DNR must pay these "fees" this could be a diversion of federal funds and could risk additional federal funds being appropriated to WV. Requiring DNR to divert funds to be used for wildlife management would also violate the WV Constitution (look it up)! Even if the Federal counterparts ruled the "fees" were not a diversion of funds, the payments would significantly impact DNR's ability to make improvements or acquire additional land for WV citizens to enjoy the State's wildlife.
Lastly, counties are not struggling economically due to state ownership of land. They are struggling because of a lack of tax base from businesses. These counties also benefit from having these properties within their boarders as sportsmen and women travel to use these lands and spend money in these communities. If this passes, DNR may be forced to release some of these properties which will limit public access to land for hunting and fishing access.
Question: the bill states "the amounts shall be annually appropriated to the Division of Natural Resources"...from where will this money be appropriated? General Revenue? If that is the case, it will be a tax on every citizen of WV. If the DNR is supposed to fund this from their sales of licenses then this is a tax on every sportsmen and sportswomen of this state. Neither of which can afford any more taxes or "fees".
Please reject the premise of this bill and do not advance this legislation beyond the Finance committee.
Thank you, Your Name Your County Resident