Adopted by House 3-5-07
SB569 HFIN AM
The Committee on Finance moves to amend the bill on page five, section eighteen-b, beginning on line sixty-one, by striking out of subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) and a new subsection (g), to read as follows:
"(f) Dedication of tax to highways. -- (1) All tax collected under the provisions of this section, after deducting the amount of any refunds lawfully paid, shall be deposited in the Road Fund in the State Treasurer's office and used only for the purpose of construction, reconstruction, maintenance and repair of highways and payment of principal and interest on state bonds issued for highway purposes: Provided, That notwithstanding any provision to the contrary, any tax collected on the sale of aviation fuel after deducting the amount of any refunds lawfully paid shall be deposited in the State Treasurer's office and transferred to the State Aeronautical Commission to be used for the purpose of matching federal funds available for the reconstruction, maintenance and repair of public airports and airport runways.
(2) Notwithstanding the provisions of subdivision (1) of this subsection or any other provision of this code to the contrary, up to four million three hundred thousand dollars of all tax collected, annually, under the provisions of this section from the motor fuel excise tax on special fuels used in railroad locomotives after deducting the amount of any refunds lawfully paid shall be deposited in the special fund hereby created and established in the State Treasury and designated as the Special Railroad and Intermodal Enhancement Fund.
(3) The Special Railroad and Intermodal Enhancement Fund shall be administered by the West Virginia public port authority. The money deposited in the fund shall be used only for the purpose of construction, reconstruction, maintenance and repair of railways, the construction of railway related structures and payment of principal and interest on state bonds issued for railway purposes, as approved by the West Virginia public port authority.
(4) For purposes of administering the deposits required by this subdivision, after the thirty-first day of December, two thousand seven, from the taxes imposed by this section and paid to the commissioner on or before the last day of each month pursuant to section nineteen, article fourteen-c of this chapter, after deduction of the amounts retained under subsection (a) of that section, the tax commissioner shall pay into the Special Railroad and Intermodal Enhancement Fund an amount equal to at least three hundred fifty eight thousand three hundred thirty-three dollars and thirty three cents of each month's receipts that represent the proportionate share of the motor fuel excise tax on special fuels used in railroad locomotives after deducting the amount of any refunds lawfully paid. In any month where the proportionate share is less than the amount required to be paid into the Special Railroad and Intermodal Enhancement Fund, or where the total amount paid in any year will be less than four million three hundred thousand dollars, the difference shall be paid from amounts available as represented by the proportionate share in succeeding months until paid in full.
(5) Notwithstanding any other provision of this subsection to the contrary, all provisions of this subsection relating to requiring the deposit of moneys in the Special Railroad and Intermodal Enhancement Fund shall expire on the thirtieth day of June, two thousand sixteen.
(g) The West Virginia public port authority shall conduct a study relating to the feasibility of the planning, development, construction and operation of the intermodal facility at Prichard, West Virginia, to determine whether the same is sustainable."
And,
By redesignating the remaining subsections in §11-15-18b accordingly.