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2007 SESSION

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077457700
SENATE BILL NO. 1163 Offered January 10, 2007 Prefiled January 10, 2007 A BILL to amend and reenact § 33.1-23.03:1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 33.1-221.1:9 and by adding in Article 2 of Chapter 25 of Title 58.1 a section numbered 58.1-2531, relating to transportation revenue. ---------- Patron-- Bell ---------- Referred to Committee on Finance ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 33.1-23.03:1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 33.1-221.1:9 and by adding in Article 2 of Chapter 25 of Title 58.1 a section numbered 58.1-2531 as follows:

§ 33.1-23.03:1. Transportation Trust Fund.

There is hereby created in the Department of the Treasury a special nonreverting fund to be known as the Transportation Trust Fund, consisting of:

1. Funds remaining for highway construction purposes, among the several highway systems pursuant to § 33.1-23.1.

2. [Repealed.]

3. The additional revenues generated by enactments of Chapters 11, 12 and 15 of the Acts of Assembly, 1986 Special Session, and designated for this fund.

4. Tolls and other revenues derived from the projects financed or refinanced pursuant to this title which are payable into the state treasury and tolls and other revenues derived from other transportation projects, which may include upon the request of the applicable appointed governing body, as soon as their obligations have been satisfied, such tolls and revenue derived for transportation projects pursuant to § 33.1-253 (Chesapeake Bay Bridge and Tunnel District) and § 33.1-320 (Richmond Metropolitan Authority) or if the appointed governing body requests refunding or advanced refunding by the Board and such refunding or advanced refunding is approved by the General Assembly. Such funds shall be held in separate subaccounts of the Transportation Trust Fund to the extent required by law or the Board.

5. Tolls and other revenues derived from the Richmond-Petersburg Turnpike, provided that such funds shall be held in a separate subaccount of the Transportation Trust Fund and allocated as set forth in Chapter 574 of the Acts of Assembly of 1983 until expiration of that Act.

6. Such other funds as may be appropriated by the General Assembly from time to time, and designated for this fund.

7. All interest, dividends and appreciation which may accrue to the Transportation Trust Fund and the Highway Maintenance and Construction Fund, except that interest on funds becoming part of the Transportation Trust Fund under subdivision 1 and the Highway Maintenance and Construction Fund shall not become part of the Transportation Trust Fund until July 1, 1988.

8. All amounts required by contract to be paid over to the Transportation Trust Fund.

9. Concession payments paid to the Commonwealth by a private entity pursuant to the Public-Private Transportation Act of 1995 (§ 56-556 et seq.).

10. Revenues collected pursuant to § 33.1-221.1:9.

11. Revenues generated annually pursuant to Chapter 25 (§ 58.1-2500 et seq.) of Title 58.1 and designated for this fund.

§ 33.1-221.1:9. Dangerous driving offenses.

A. Whenever a person is convicted by a court of competent jurisdiction of any of the dangerous driving offenses or traffic infractions enumerated in this section, the court shall, in addition to any fees, fines, or costs imposed, order the person to pay to the Transportation Trust Fund an amount as follows, to defray the costs of maintaining safe interstates and roads in the Commonwealth:

1. A $100 payment for a violation of § 18.2-266.1, subsection D of § 18.2-270, or subsection B of § 46.2-341.24; eluding a law-enforcement officer pursuant to subsection A of § 46.2-817 or § 46.2-844; or driving more than 20 miles per hour over the allowed speed limit as set forth in Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2.

2. A $200 payment for a violation of § 18.2-51.4, 18.2-266, 18.2-268.3, or 18.2-272, § 18.2-36.1 or any other conviction of voluntary manslaughter or involuntary manslaughter involving the use of a vehicle, subsection B of § 46.2-301, subsection E of § 46.2-301.1, § 46.2-302, § 46.2-341.21, subsection A of § 46.2-341.24, § 46.2-357, § 46.2-391, subsection B of § 46.2-817, § 46.2-818, overtaking or passing an emergency vehicle giving an audible signal and displaying activated warning lights pursuant to § 46.2-829, §§ 46.2-852 through 46.2-862, § 46.2-863 when violation of this section would be a felony pursuant to subsection B of § 46.2-868, §§ 46.2-864 through 46.2-866, and § 46.2-921.1 if the violation resulted in the death of another person.

B. The order to pay the specified amount into the Transportation Trust Fund shall also be applicable to a juvenile adjudicated delinquent of any of the offenses listed in subsection A.

C. The court-ordered payment to the Transportation Trust Fund shall be collected from the defendant by the court along with any other fines, costs, forfeitures, penalties, and restitution pursuant to Article 3 (§ 19.2-348 et seq.) of Chapter 21 of Title 19.2. The court shall remit the payment designated for the Fund to the Commonwealth.

§ 58.1-2531. Distribution of certain revenue.

A. Beginning with the Commonwealth's 2007-2008 fiscal year and for each fiscal year thereafter, all revenues collected by the Commonwealth from the tax imposed under this chapter shall be deposited by the Comptroller into the Transportation Trust Fund established under § 33.1-23.03:1 until the amount deposited into the Fund pursuant to this section equals the revenues collected from such tax for the immediately preceding calendar year that were attributable to any policy of motor vehicle insurance as defined in § 38.2-124, including any motor vehicle insurance included in a combination policy as defined in § 38.2-1921.

B. For purposes of the Comptroller's deposits under this section, the Commissioner of the Bureau of Insurance shall, no later than July 15 of each year, provide a written certification to the Comptroller that reports the amounts to be deposited into the Transportation Trust Fund in the fiscal year as required under this section. After the required amount has been deposited into such Fund, the Comptroller shall deposit all remaining revenues collected in the fiscal year from the taxes imposed under this chapter into the general fund of the state treasury. The Comptroller shall make all deposits under this section as soon as practicable.

No refund of the tax imposed under this chapter shall be paid from the revenues designated for deposit to the Transportation Trust Fund under this section.

2. That the $339,000,000 provided in Item 449.10 of Chapter 3 of the 2006 Acts of Assembly from the 2006 Special Session shall be deposited into the Transportation Trust Fund established under § 33.1-23.03:1 of the Code of Virginia.