§20-2-33. Authority of director to designate agents to issue licenses; bonds; fees.

(a) The director may appoint, in addition to the clerk of the county commission, agents to issue licenses under the provisions of this article to serve the convenience of the public. Each person appointed shall, before issuing any license, file with the director a bond payable to the state of West Virginia, in the amount to be fixed by the director, conditioned upon the faithful performance of his or her obligation to issue licenses only in conformity with the provisions of this article and to account for all license fees received by him or her. The form of the bond shall be prescribed by the Attorney General. No person, other than those designated as issuing agents by the director, may sell licenses or buy licenses for the purpose of resale.

(b) Except when a license is purchased from a state official, every person making application for a license shall pay, in addition to the license fee prescribed in this article, an additional fee of $3 to any county official issuing the license and all fees collected by county officials must be paid by them into the general fund of the county treasury or, in the case of an agent issuing the license, an additional fee of $3 as compensation: Provided, That only one issuing fee of $3 may be collected by county officials or authorized agents, respectively, for issuing two or more licenses at the same time for use by the same person or for issuing combination resident statewide hunting, trapping and fishing licenses: Provided, however, That a person with a lifetime license or a person who has paid the original additional fee of $3 to a county official or issuing agent for a license shall only be charged an additional fee of $1 as additional compensation when subsequently purchasing an additional license from a county official or issuing agent: Provided further, That licenses may be issued electronically in a manner prescribed by the director and persons purchasing electronically issued licenses may be assessed, in addition to the license fee prescribed in this article, an electronic issuance fee to be prescribed by the director: And provided further, That, notwithstanding any provision of this code to the contrary, an electronic issuance fee of at least $2 shall be assessed on each electronic licensing system transaction, except as provided in subsection (e) of this section. The electronic issuance fee shall be dedicated to the administration and maintenance of the electronic license system. The director may propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code related to the license issuing fees authorized by this section.

(c) In lieu of the license issuance fee prescribed in subsection (b) of this section, the director shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code governing the application for and issuance of licenses by telephone and other electronic methods.

(d) The director may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code governing the management of issuing agents.

(e) The director may establish an auto-renewal program through which purchasers of eligible wildlife licenses, stamps, and permits under the jurisdiction of the division may select to enroll in the automatic renewal of the same selection of licenses, stamps, and permits in subsequent years. Eligible licenses, stamps, and permits renewed through this program will not be assessed the electronic license fee referenced in subsection (b) of this section: Provided, That the fee is paid when the original eligible license, stamp, or permit was purchased in the electronic license system and enrollment in the auto-renewal program accompanied the sale.

(1) Licenses, stamps, and permits purchased through this program may qualify for discounts on fees established at the discretion of the director.

(2) The director may propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code.