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2003 SESSION
032475644Be it enacted by the General Assembly of Virginia:
1. That § 58.1-816 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-816. Distribution of recordation tax to cities and counties.
A. Effective October 1, 1993, twenty $20 million dollars of the taxes imposed
under §§ 58.1-801 through 58.1-809 which are actually paid into the state
treasury, shall be distributed among the counties and cities of this
Commonwealth in the manner provided in subsection B of this section. Effective
July 1, 1994, such annual distribution shall increase to forty $40 million
dollars.
B. Subject to any transfers required under §§ 58.1-815.1 and 58.1-816.1, the
share of the state taxes distributable under this section among the counties
and cities shall be apportioned and distributed quarterly to each county or
city by the Comptroller by multiplying the amount to be distributed by a
fraction in which the numerator is the amount of the taxes imposed under §§
58.1-801 through 58.1-809 and actually paid into the state treasury which are
attributable to deeds and other instruments recorded in the county or city and the
denominator is the amount of taxes imposed under §§ 58.1-801 through 58.1-809
actually paid into the state treasury. All distributions pursuant to this section shall
be made on a quarterly basis within thirty 30 days of the end of the quarter.
Such quarterly distribution shall equal ten $10 million dollars. Each clerk of
the court shall certify to the Comptroller, within fifteen 15 days after the
end of the quarter, all amounts collected under §§ 58.1-801 through 58.1-809
and actually paid into the state treasury which are attributable to deeds and other
instruments recorded in such county or city.
C. Beginning June 30, 2004, and each June 30 thereafter, after all distributions have been made pursuant to §§ 58.1-815.1 and 58.1-816.1, and subsection B, 50 percent of the amount remaining of the taxes imposed under §§ 58.1-801 through 58.1-809 that are actually paid into the state treasury shall be apportioned and distributed to each county or city by the Comptroller in accordance with the same fraction used in subsection B. The remaining 50 percent shall be deposited into the state's general fund.
All monies distributed to counties and cities pursuant to this subsection shall be used for land preservation.
D. All moneys distributed to counties and cities pursuant to this section, except for those distributed pursuant to subsection C, shall be used for (i) transportation purposes, including, without limitation, construction, administration, operation, improvement, maintenance and financing of transportation facilities, or (ii) public education.
As used in this section, the term "transportation facilities" shall include all transportation-related facilities including, but not limited to, all highway systems, public transportation or mass transit systems as defined in § 33.1-12, airports as defined in § 5.1-1, and port facilities as defined in § 62.1-140. Such term shall be liberally construed for purposes of this section.
DE. If any revenues distributed to a county or city under subsection C D of
this section are applied or expended for any transportation facilities under
the control and jurisdiction of any state agency, board, commission or
authority, such transportation facilities shall be constructed, operated,
administered, improved and maintained in accordance with laws, rules,
regulations, policies and procedures governing such state agency, board,
commission or authority; however, in the event these revenues, or a portion
thereof, are expended for improving or constructing highways in a county which
is subject to the provisions of § 33.1-75.3, such expenditures shall be
undertaken in the manner prescribed in that statute.
EF. In the case of any distribution to a county or city in which an office
sharing agreement pursuant to §§ 15.2-1637 and 15.2-3822 is in effect, the
Comptroller shall divide the distribution among the office sharing counties and cities.
Each clerk of the court acting pursuant to an office sharing agreement shall certify to
the Comptroller, within fifteen 15 days after the end of the quarter, all
amounts collected under §§ 58.1-801 through 58.1-809 and actually paid into the
state treasury which are attributable to deeds and other instruments recorded on behalf
of each county and city.