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ENGROSSED
H. B. 4521
(By Delegates Mahan, Craig,
Michael and Amores)
[Introduced
February 18, 2004
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §22-17-20 of the code of West Virginia,
1931, as amended, relating to the underground storage tank
act; increasing the annual registration fee; requiring
emergency rule; increasing cap amount for underground storage
tank fund; and requiring annual report to the joint committee
on government and finance.
Be it enacted by the Legislature of West Virginia:
That §22-17-20 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17. UNDERGROUND STORAGE TANK ACT.
§22-17-20. Appropriation of funds; underground storage tank
administrative fund.
(a) The director secretary shall collect annual registration
fees from owners of underground storage tanks. The registration
fee collected under this section shall not exceed twenty-five sixty-five dollars per tank per year. All such registration fees
and the net proceeds of all fines, penalties and forfeitures
collected under this article including accrued interest shall be
paid into the state treasury into a special fund designated "the
underground storage tank administrative fund" to be used to defray
the cost of administering this article in accordance with rules
promulgated pursuant to section six of this article. The secretary
shall promulgate an emergency rule in accordance with article
three, chapter twenty-nine-a of this code, implementing the
increase in registration fees. This fee of up to sixty-five
dollars is effective for the fiscal year ending the thirtieth day
of June, two thousand four.
(b) The total fee assessed shall be sufficient to assure a
balance in the fund of not to exceed four five hundred thousand
dollars at the beginning of each year.
(c) Any amount received pursuant to subsection (a) of this
section which exceeds the annual balance required in subsection (b)
of this section shall be deposited into the leaking underground
storage tank response fund established pursuant to this article to
be used for the purposes set forth therein.
(d) The net proceeds of all fines, penalties and forfeitures
collected under this article shall be appropriated as directed by
article XII, section 5 of the constitution of West Virginia. For
the purposes of this section, the net proceeds of such fines, penalties and forfeitures are the proceeds remaining after
deducting therefrom those sums appropriated by the Legislature for
defraying the cost of administering this article. In making the
appropriation for defraying the cost of administering this article,
the Legislature shall first take into account the sums included in
such the special fund prior to deducting such additional sums as
may be needed from the civil fines, civil penalties and forfeitures
collected pursuant to this article. At the end of each fiscal year
any unexpended balance of such the collected civil fines, civil
penalties, forfeitures and registration fees shall not be
transferred to the general revenue fund but shall remain in the
fund.
(e) The secretary shall submit an annual report to the joint
committee on government and finance on or before the first day of
January each year providing information as to the status of the
underground storage tank fund, the registration fees or forfeitures
collected and any fines and penalties assessed pursuant to this
article, the amount of net proceeds of fines, penalties and
forfeitures paid into the fund and information as to the progress
of the underground storage tank program in the protection of human
health and the environment.