Senate Bill No. 363
(By Senator Ball and Oliverio)
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[Introduced February 1, 2000; referred to the Committee
on Government Organization; and then to the committee on
Finance.]
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A BILL to amend and reenact section twelve, article sixteen-b,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
the public port authority to fund the Bluestone Junction
tourist train project; requiring the public port authority
to issue bonds; and requiring that revenues derived from the
project be set aside for the payments and expenses
associated with issuing the bonds.
Be it enacted by the Legislature of West Virginia:
That section twelve, article sixteen-b, chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 16B. PUBLIC PORT AUTHORITY.
§17-16B-12. Division of tourist trains and transportation;
duties.
(a) The division of tourist trains and transportation shall
develop a plan to assess the feasibility, financial and
otherwise, of establishing a statewide intermodal network of
tourist transportation, so as to coordinate, link and supervise
the various means of transportation including highway, rail,
waterway and air and such plan shall also include, if feasible,
the development of a comprehensive strategy and state plan for
tourist transportation.
(b) The division shall cooperate and assist the efforts of
public and private groups, agencies and political subdivisions in
establishing components of the tourist transportation plan.
(c) The division shall specifically work to establish and
fund a pilot project for the purpose of creating a tourist train
network in the area from Bluefield, West Virginia, to Bramwell,
West Virginia, to Matoaka, West Virginia, and to sPocahontas,
Virginia.
(d) The division shall fund the project by grants to the Mercer County tourist train authority and by issuing bonds. An
initial bond issue for five million dollars shall be made to
provide funding for the Bluestone branch of the Bluestone
Junction tourist train. This will permit operation of the
tourist train from Simmons (Bramwell) to Matoaka (Giatto). The
Simmons (Bramwell) to Pocahontas run will not be made until
additional funding is acquired through grants or operating
revenues. The division shall create a special fund to be named
the Bluestone Junction tourist train project fund. Any tolls,
rents, fees, charges and revenues derived from the Mercer County
tourist train authority from the operation of the project shall
be deposited into this fund. Any payment and expenses associated
with the issuance of the bonds issued by the division shall be
paid from moneys derived from the fund. Drawdown from the fund
shall be made through the Region I planning and development
council, administrator for the Mercer County tourist train
authority and/or the division.
(e) The division shall solicit grants from other state
agencies, such as the West Virginia railroad maintenance
authority, the West Virginia parkways, economic development and
tourism authority or other parkways authority, the department of commerce, the parks and tourism division and the governor's
contingency fund. The division shall request the Virginia
coalfields economic development authority and the Tazewell County
economic development authority to provide one million five
hundred thousand dollars to develop the Virginia portion of the
project.
(f) The Mercer County tourist train authority shall be
placed under the supervision of the secretary of the department
of transportation but shall not have offices in Charleston and
will operate from offices or headquarters of the Bluestone
Junction tourist train. It shall perform the duties imposed by
law. The department of transportation, the public port authority
and the wayport authority shall provide necessary bylaws and the
Mercer County tourist train authority shall be incorporated as a
nonprofit organization. It is eligible for state liability and
other insurance. It will likewise operate the project under
approved laws and rules as set forth by the West Virginia public
service commission and other regulatory agencies.
NOTE: The purpose of this bill is to require the Public Port
Authority to fund the Bluestone Junction Tourist Train project through grants and through the issuance of bonds. The revenue
derived from this project would be used to provide payments and
expenses related to the issuance of the bonds.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.