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2003 SESSION

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036647516
SENATE BILL NO. 1181 Offered January 8, 2003 Prefiled January 8, 2003 A BILL to amend and reenact § 46.2-2099.41 of the Code of Virginia, relating to excursion trains. ---------- Patron-- Puckett ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-2099.41 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-2099.41. Certification requirements.

A. A person may apply to the Department for certification as an operator of an excursion train. The Department shall certify an applicant if the Department determines that the applicant will operate a passenger train that:

1. Is primarily used for tourism or public service;

2. Leads to the promotion of the tourist industry in the Commonwealth; and

3. Is primarily operated within a county having a population between 50,000 and 55,000 people, or a county having a population between 26,000 and 27,000.

B. An application for certification shall include:

1. The name and address of each person who owns an interest of at least ten percent of the excursion train operation;

2. An address in this Commonwealth where the excursion train is based;

3. An operations plan including the route to be used and a schedule of operations and stops along the route; and

4. Evidence of insurance that meets the requirements of subsection C of this section.

C. The Department shall not certify to a person under subsection A unless the person files with the Department evidence of insurance providing coverage of liability resulting from injury to persons or damages to property in the amount of at least ten million dollars for the operation of the train.

D. The Department shall not certify an applicant under subsection A of this section if the applicant or any other person owning interest in the excursion train also owns or operates a regularly scheduled passenger train service with interstate connection.