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2007 SESSION
070967520 [ WHEREAS, on the barrier islands of Virginia and North
Carolina, there exists a herd of wild horses that are the last known herd of
Spanish mustangs existing in a natural state and whose presence predates
English settlement in North America; and
WHEREAS, in 1929, a reporter for National Geographic
magazine noted that more than 5,000 wild horses roamed the coasts of Virginia and North Carolina; and
WHEREAS, a portion of the Outer Banks north of Corolla and
south of the Virginia state line has been designated as a wild horse sanctuary;
and
WHEREAS, horses leaving the wild horse sanctuary risk
entering Virginia and being killed on the roadways and entering populated areas
near Virginia Beach; and
WHEREAS, the Commonwealth must protect the presence of this
important cultural and historical resource in Virginia, which is an emblem of
our national heritage; and
WHEREAS, there is a need for funds for the construction of
fences to contain the horses safely in the wild horse sanctuary, for assisting
community groups willing to return horses to the sanctuary from populated areas
in Virginia, and for paying for the medical care needed by horses injured on
Virginia roadways; now, therefore, ]
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Subtitle I of Title 10.1 a chapter numbered 10.3, consisting of a section numbered 10.1-1027, as follows:
§ 10.1-1027. Wild Spanish Mustangs Fund established; administration; purpose.
There is hereby established in the state treasury a special
nonreverting fund to be known as the Wild Spanish Mustangs Fund, hereafter
referred to as the Fund. The Fund shall consist of such moneys as may be
appropriated by the General Assembly and such other moneys as may be made
available from any other source, public or private. Interest earned on moneys
in the Fund shall remain in the Fund and be credited to it. Any moneys
remaining in the Fund, including interest thereon, at the end of each fiscal year
shall not revert to the general fund, but shall remain in the Fund. The Fund
shall be administered by the Department of Conservation and Recreation. Any
expenditure from the Fund shall be subject to the recommendations of the Park
Manager at False Cape State Park, with advice and consultation from the City of
Virginia Beach, local legislators, and interested community members. The Fund
shall be used for the general purpose of protecting the herd of wild Spanish
mustangs on the barrier islands of Virginia. Allocations may include, but are
not limited to, the erection and maintenance of fences to restrict the entrance
of wild horses into Virginia, the transporting of any wild horses that do reach
Virginia back to North Carolina, and [ the payment of veterinary
expenses incurred by horses injured on Virginia roadways. other
measures to protect these horses and promote their retention in North Carolina,
as determined by the Department of Conservation and Recreation. ]