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.