H. B. 2139
(By Delegates Blair, Duke, Overington, Tabb and Doyle)
[Introduced February 11, 2009; referred to the
Committee on Natural Resources then the Judiciary.]
A BILL to amend and reenact §22-15A-3 of the Code of West Virginia,
1931, as amended, relating to establishing a volunteer litter
reporting program.
Be it enacted by the Legislature of West Virginia:
That §22-15A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL
ACTION PLAN.
§22-15A-3. West Virginia litter control and recycling programs;
transfer of programs and employees; additional
duties of secretary; grants to counties and
municipalities; and rules relating thereto.
(a) On and after July 1, 2005, the litter control and
recycling programs heretofore operated and managed by the Division
of Natural Resources shall transfer to the Department of Environmental Protection.
With the transfer of the West Virginia Litter Control and
Recycling Programs from the jurisdiction of the Division of Natural
Resources to the jurisdiction of the Department of Environmental
Protection, all records, assets and contracts, along with rights
and obligations thereunder, obtained or signed on behalf of the
Litter Control and Recycling Programs are hereby transferred and
assigned to the Department of Environmental Protection.
(b) The Commissioner of the Division of Natural Resources and
the Secretary of the Department of Environmental Protection shall
determine which employees of the Division of Natural Resources will
be transferred to the Department of Environmental Protection. All
employees including administrators of the litter control and
recycling programs are subject to being transferred to the
Department of Environmental Protection. Employees in the
classified service who have gained permanent status as of the
effective date of this article, enacted during the 2005 regular
session of the Legislature, will not be subject to further
qualifying examination in their respective classifications by
reason of the transfer required by the provisions of this section.
Nothing contained in this section may be construed to either
abridge the rights of employees within the classified service of
the state to the procedures and protections set forth in article
six, chapter twenty-nine of this code or to preclude the reclassification or reallocation of positions in accordance with
procedures set forth in said article. The Division of Personnel
shall work with the commission and secretary to efficiently
transfer employees from the Division of Natural Resources to the
Department of Environmental Protection.
(c) In addition to all other powers, duties and
responsibilities granted and assigned to the Secretary of the
Department of Environmental Protection in this chapter and
elsewhere by law, the secretary, in the administration of the West
Virginia Litter Control Program created by this section, shall:
(1) Coordinate all industry and business organizations seeking
to aid in the litter control and recycling effort;
(2) Cooperate with all local governments to accomplish
coordination of local litter control and recycling efforts;
(3) Encourage, organize, coordinate and increase public
awareness of and participation in all voluntary litter control and
recycling campaigns, including citizen litter watch programs,
seeking to focus the attention of the public on the litter control
and recycling programs of the state and local governments and of
private recycling centers;
(4) Recommend to local governing bodies that they adopt
ordinances similar to the provisions of section four of this
article;
(5) Investigate the methods and success of techniques of litter control, removal and disposal utilized in other states, and
develop, encourage, organize and coordinate local litter control
programs funded by grants awarded pursuant to subsection (d) of
this section utilizing such successful techniques;
(6) Investigate the availability of, and apply for, funds
available from any and all private or public sources to be used in
the litter control program created by this section;
(7) Attract to the state persons or industries that purchase,
process or use recyclable materials; and
(8) Contract for the development, production and broadcast of
radio and television messages promoting the West Virginia Litter
Control Program. The messages should increase public awareness of
and promote citizen responsibility toward the reduction of litter.
(d) All authority to promulgate rules pursuant to article
three, chapter twenty-nine-a of this code establishing criteria for
awarding direct or matching grants for the study of available
research and development in the fields of litter control, removal
and disposal, methods for the implementation of such research and
development, and the development of public educational programs
concerning litter control is hereby transferred from the Division
of Natural Resources to the Secretary of the Department of
Environmental Protection as of the effective date of enactment of
this section and article during the 2005 session of the
Legislature: Provided, That any rule promulgated by the Division of Natural Resources relating to such grants shall remain in force
and effect as though promulgated by the Department of Environmental
Protection until the secretary amends the rules in accordance with
the provisions of article three, chapter twenty-nine-a of this
code.
(e) All authority to promulgate rules pursuant to article
three, chapter twenty-nine-a of this code designating public areas
where litter receptacles shall be placed and the minimum number of
litter receptacles in accordance with subsection (g), section four
of this article is hereby transferred from the Division of Natural
Resources to the Secretary of the Department of Environmental
Protection as of the effective date of enactment of this section
and article during the 2005 session of the Legislature. Any rule
promulgated by the Division of Natural Resources relating to
littering receptacles shall remain in effect as if promulgated by
the secretary until amended by the secretary.
(f) Commencing on July 1, 2005, the secretary shall expend
annually at least 50% of the moneys credited to the Litter Control
Fund in the previous fiscal year for matching grants to counties
and municipalities for the initiation and administration of litter
control programs. The secretary shall promulgate rules pursuant to
article three, chapter twenty-nine-a of this code establishing
criteria for the awarding of matching grants.
(g) The Secretary of the Department of Environmental Protection in cooperation with the Commissioner of Highways, the
Department of Commerce, the West Virginia State Police, the United
States Forestry Service and other local, state and federal
law-enforcement agencies shall be responsible for the
administration and enforcement of all laws and rules relating to
the maintenance of cleanliness and improvement of appearances on
and along highways, roads, streets, alleys and any other private or
public areas of the state. These other agencies shall make
recommendations to the secretary, from time to time, concerning
means and methods of accomplishing litter control consistent with
the provisions of this chapter. Such cooperation shall include,
but not be limited to, contracts with the Commissioner of Highways
to operate a litter control program.
(h) On July 1, 2009, the secretary will
encourage, organize,
coordinate and increase public awareness of, and participation in,
a volunteer litter reporting program. The director shall assist
the county commission and the county sheriff in establishing the
program, which shall utilize trained volunteers to report and
collect information necessary to enable the county sheriff to issue
citations to persons violating the litter laws of this state. The
scope of duty of a volunteer participating in the litter reporting
program may include: Reporting the motor vehicle registration
plate number, the date, time and location of a person observed
littering; collecting other evidence as may be requested by the county sheriff, including taking photographs of a litter site;
providing testimony in court proceedings as to litter violations
observed or evidence collected by the volunteer; and providing
other assistance in litter enforcement as may be requested by the
county sheriff, except that in no event may a volunteer participate
in the direct apprehension or arrest of a litter violator. The
county sheriff may seek the assistance of the law-enforcement
section of the Division of Natural Resources, to provide a training
course for volunteers to instruct them in proper reporting
procedures and the collection of evidence, and may provide
reporting forms for volunteers to record their observations of
litter violations. Upon completion of the course and approval from
the county sheriff, a volunteer may begin participation in the
program. Volunteers participating in the program are responsible
for providing their own vehicles, gasoline, cameras, cell phones
and other items they may use while participating in the program,
and are responsible for other incidental expenses they may incur in
the course of participating in the program, except as otherwise
provided in this section. The Commissioner of the Division of
Highways may cause appropriate signs to be placed along primary and
secondary highways to inform motorists of the volunteer litter
reporting program
(h) (i) All other state agencies and local governments shall
cooperate with the secretary in effecting the purposes of the litter control program.
NOTE: The purpose of this bill is to establish a volunteer
litter reporting program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.