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Introduced Version Senate Bill 635 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 635

(By Senators Rowe, McCabe and Burnette)

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[Introduced March 26, 2001; referred to the Committee on Finance.]

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A BILL to amend and reenact section four, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section ten, all relating to waste tire remediation; and creating and imposing a tax on the sale of new and reconditioned tires in West Virginia.

Be it enacted by the Legislature of West Virginia:
That section four, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section ten, all to read as follows:
ARTICLE 24. WASTE TIRE REMEDIATION.
§17-24-4. Division of highways to administer funds for waste tire remediation; rules authorized; duties of commissioner.

(a) The division of highways shall administer all funds made available to the division for remediation of waste tire piles and for the proper disposal of waste tires removed from waste tire piles. The commissioner of the division of highways is hereby authorized and empowered: (i) To propose for legislative promulgation in accordance with article three, chapter twenty-nine-a of this code, emergency and legislative rules necessary to implement the provisions of this article; and (ii) to administer all funds appropriated by the Legislature to carry out the requirements of this article, and any other funds from whatever source, including, but not limited to, federal, state or private grants.
(b) The commissioner shall also have the following powers:
(1) To apply and carry out the provisions of this article and the rules promulgated hereunder;
(2) To investigate from time to time the operation and effect of this article and of the rules promulgated hereunder and to report his or her findings and recommendations to the Legislature and the governor.
(c) The provisions of articles two-a and four, chapter seventeen of this code and the policy, rules, practices and procedures thereunder shall be followed by the commissioner in carrying out the purposes of this article.
(d) On or before the first day of June, two thousand one, the commissioner shall determine the location, approximate size and potential risk to the public of all waste tire piles in the state and establish, in descending order, a waste tire remediation list.
(e) The commissioner may contract with the department of health and human resources and /or the division of corrections to remediate or assist in remediation of waste tire piles throughout the state. Utilization of available department of health and human resources and the division of corrections work programs shall be are given priority status in the contract process so long as such the programs prove a cost effective method of remediating waste tire piles.
(f) Waste tire remediation shall be stopped and the division of environmental protection notified upon the discovery of any potentially hazardous material at a remediation site. The division of environmental protection shall respond to the notification in accordance with the provisions of article eighteen, chapter twenty-two of this code.
(g) The commissioner is authorized to shall establish a tire disposal program within the division to provide for a cost effective and efficient method to accept passenger car and light truck waste tires at such the division of highways county headquarters as have sufficient space for temporary storage of waste tires and personnel to accept and handle waste tires. The commissioner may pay a shall establish a waste tire bounty collection program for payment of a waste tire bounty fee for each tire an once used on a motor vehicle licensed in West Virginia to an individual West Virginia resident or West Virginia business which brings to sites designated and publicized by the division to accept waste tires for payment of a waste tire bounty fee, adjusted in amount from time to time for all areas of the state where the commissioner finds that a waste tire bounty fee would encourage the special cleanup from time to time of abandoned waste tires and improve the natural beauty and safety of the state. The commissioner may establish and adjust waste tire bounty fees and reasonable a limit limits on the number of West Virginia tires for which an individual or business may be paid for during any calender month for any site so designated. The commissioner may in his discretion authorize commercial businesses to participate in the waste tire bounty collection program: Provided, That no person or business who has a waste tire pile subject to remediation under this article may participate in this program.

§17-24-10. Imposition of tax on tires; use of scrap tire tax proceeds.

(a) There is imposed a waste tire disposal tax on the sale of new or reconditioned tires of two dollars on each new tire or reconditioned tire sold in this state.
(b) There shall be an onsite waste tire disposal tax credit to the customer of one dollar for every clean tire not to exceed eight in number, which a customer of a tire retailer elects to leave with the tire retailer at the time of sale. A clean waste tire other than the tire replaced may be brought to the place of sale by the customer and left with the tire retailer, to earn the credit allowed in this subsection.
(c) The tax less credit for tires left with the tire retailer at the time of sale by a customer shall be collected by tire retailers who sell new tires or reconditioned tires in this state and shall be reported on the consumers sales tax form submitted to the division of tax and revenue.
(d) All revenue collected by the tax commissioner from the tax on sales of new tires and reconditioned tires imposed by this section shall be deposited to the "Tire Bounty and Remediation/Environmental Cleanup Fund" account to be used to pay the costs of the tire bounty collection program pursuant to section four of this article and for the other waste tire remediation purposes of this article.


NOTE: The purpose of this bill is to create and impose a tax on the sale of new and reconditioned tires in West Virginia to be used in waste tire remediation.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§17-24-10 is new; therefore, strike-throughs and underscoring have been omitted.



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