H. B. 4640
(By Delegate Staton)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article one, chapter twenty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
sixteen, relating to the time for commencement of civil and
criminal enforcement proceedings under environmental
statutes.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen, to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-16. Time for commencing proceedings.
Notwithstanding any provision of this code to the contrary, no action, suit or proceeding for the civil or criminal
enforcement of any provision of this chapter that is not
otherwise subject to the limitation provided in subsection (c),
section twelve, article two, chapter fifty-five of this code, may
be entertained unless commenced within five years from the date
when the violation first occurred. This limitation applies
whether the violation occurred before or after the effective date
of this section. The limitation of this section applies, but is
not limited to, actions, suits or proceedings for the recovery of
any fine, penalty or forfeiture, pecuniary or otherwise. This
section does not apply to the enforcement of any provision when
the violation is part of a continuing violation and the last act
of the continuing violation occurred within five years from the
date of the commencement of the enforcement action.
NOTE: The purpose of this bill is to establish a statute of
limitations under the state law that conforms to that of the
federal statutes of limitation for civil and criminal enforcement
actions set forth in 18 U.S.C. §3282 and 28 U.S.C. §2462 where no
statute of limitations currently exists under state law. Federal
law currently requires that an enforcement action be brought
within five years from the date the violation first occurred.
This bill does not alter the limitations period for those
actions, suits or proceedings brought to enforce violations of
Chapter 22 of the West Virginia Code that are subject to West
Virginia Code §55-2-12(c). With respect to misdemeanors, this
bill would lengthen the period of limitations for actions under
this chapter from the one year provision currently existing in
W.Va. Code §61-11-9 to the five years provided for under federal
law.
This section is new; therefore, strike-throughs and
underscoring have been omitted.