H. B. 2078


(By Delegate Mahan)

[Introduced January 9, 2003 ; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section fourteen, article one, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring deposits from various sources, that are authorized but not mandatory under current law, be made in the stream restoration fund.

Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.

§22-1-14. Stream restoration fund; creation; special account; purposes and expenditures.

(a) There is hereby created in the state treasury a special interest bearing account known as the "stream restoration fund." Moneys received by the division pursuant to transfers from any other account lawfully transferred, from the federal government and other sources, from mitigation, moneys, from gifts, bequests, donations and contributions and other moneys lawfully received from whatever source, may shall be deposited in the state treasury to the credit of the stream restoration fund.
(b) Expenditures from the fund are not authorized from collections but shall only be authorized by line item appropriation by the Legislature. The moneys are to be used and expended for the restoration and enhancement of the streams and water resources of this state which have been affected by coal mining or acid mine drainage.



NOTE: The purpose of this bill is to require deposits that are authorized to be made in the stream restoration fund, but which are not, under current law, mandatory.

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