H. B. 4351


(By Delegates Beane, Ennis, Iaquinta, Manchin,

Manuel, Yost and Leggett)


(Originating in the Committee on Government Organization)

[February 6, 2004]



A BILL to amend and reenact §17-24-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-24-10, all relating to continuation of the waste tire remediation program.

Be it enacted by the Legislature of West Virginia:
That §17-24-6 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-24-10, all to read as follows:
ARTICLE 24. WASTE TIRE REMEDIATION.

§17-24-6. Creation of the A. James Manchin fund; proceeds from sale of waste tires; fee on issuance of certificate of title; performance review.

(a) There is hereby created in the state treasury a special revenue fund known as the "A. James Manchin Fund". All moneys appropriated, deposited or accrued in this fund shall be used exclusively for remediation of waste tire piles as required by this article for the tire disposal program established under section four of this article or for the purposes of subsection (h), section four of this article or for the purposes of subsection (c), section five of this article. The fund shall consist of the proceeds from the sale of waste tires; fees collected by the division of motor vehicles as provided for in section sixteen, article ten, chapter seventeen-a of this code; any federal, state or private grants; legislative appropriations; loans; and any other funding source available for waste tire remediation. Any balance remaining in the fund at the end of any state fiscal year shall not revert to the state treasury, but shall remain in this fund and be used only in a manner consistent with the requirements of this article.
(b) No further collections or deposits shall be made after the commissioner certifies to the governor and the Legislature that the remediation of all waste tire piles that were determined by the commissioner to exist on the first day of June, two thousand one, has been completed and that all infrastructure bonds issued by the water development authority pursuant to section seventeen-a, article fifteen-a of chapter thirty-one of this code have been paid in full or legally defeased.
(c) The joint committee on government operations shall, pursuant to authority granted in article ten, chapter four of this code, conduct a preliminary performance review of the division's compliance with the waste tire remediation mandated in this article; whether the purposes of this article have been met; and whether it is appropriate to terminate this program. In conducting such preliminary performance review, the committee shall follow the guidelines established in this article. A preliminary review shall be completed on or before the first day of January, two thousand four.
§17-24-10. Continuation of waste tire remediation program.

The waste tire remediation program shall continue to exist, pursuant to the provisions of article ten, chapter four of this code, until the first day of July, two thousand six, unless sooner terminated, continued or reestablished pursuant to the provisions of that article.


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

Section ten is new, therefore strike-through and underscoring have been omitted.