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2009 SESSION
098264300Be it enacted by the General Assembly of Virginia:
1. That § 58.1-3713 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-3713. (Expires December 31, 2012) Local coal and gas road improvement and Virginia Coalfield Economic Development Authority tax.
A. In addition to the taxes authorized under § 58.1-3712, any county or city may adopt a license tax on every person engaging in the business of severing coal or gases from the earth. The rate of such tax shall not exceed one percent. The provisions of § 58.1-3712 as they relate to measurement of gross receipts, filing of reports and record keeping shall be applicable to the tax imposed under this section.
The moneys collected for each county or city from the tax
imposed under authority of this section shall be paid into a special fund of
such county or city to be called the Coal and Gas Road Improvement Fund of such
county or city [ , and shall . The moneys may be spent
for the administrative expenses and costs of the coal and gas improvement fund
advisory committee of the county or city, including the payment of the salary
and benefits of an employee in the county or city’s Commissioner of the
Revenue’s office to audit the information and records relating to the license
tax adopted pursuant to this section. Such moneys shall also ]
be spent for such improvements to public roads as the coal and gas road
improvement advisory committee and the governing body of such county or city
may determine as provided in subsection B of this section. The county may also,
in its discretion, elect to improve city or town roads with its funds if
consent of the city or town council is obtained. Such funds shall be in
addition to those allocated to such counties from state highway funds which
allocations shall not be reduced as a result of any revenues received from the
tax imposed hereunder. In those localities which comprise the Virginia
Coalfield Economic Development Authority, the tax imposed under this section
shall be paid as follows: (i) three-fourths of the revenue shall be paid to the
Coal and Gas Road Improvement Fund and used for the purposes set forth herein;
however, one-fourth of such revenue may be used to fund the construction of new
water and/or sewer systems and lines in areas with natural water supplies which
are insufficient from the standpoint of quality or quantity, and (ii)
one-fourth of the revenue shall be paid to the Virginia Coalfield Economic
Development Fund. Furthermore, with regard to the portion paid to the Coal and
Gas Road Improvement Fund, a county or city may provide for an additional
one-fourth allocation for the construction of new water or sewer systems or
lines or the repair or enhancement of existing water or sewer systems or lines
in areas with natural water supplies which are insufficient from the standpoint
of quality or quantity; however, if this option is initiated by a county or
city, it must satisfy the requirements set forth in § 58.1-3713.01.
Notwithstanding the foregoing limitations regarding revenues used for water
systems and/or sewer systems, such revenues designated for water and water
systems and/or sewer systems shall be distributed directly to the local
industrial development authority or economic development authority created by
the governing body pursuant to Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2
or the local public service authority for such purposes instead of the
local governing body.
B. Any county or city imposing the tax authorized in this section shall establish a Coal and Gas Road Improvement Advisory Committee, to be composed of four members: (i) a member of the governing body of such county or city, appointed by the governing body, (ii) a representative of the Department of Transportation, and (iii) two citizens of such county or city connected with the coal and gas industry, appointed for a term of four years, initially commencing July 1, 1989, by the chief judge of the circuit court.
Such committee shall develop on or before July 1 of each year a plan for improvement of roads during the following fiscal year. Such plan shall have the approval of three members of the committee and shall be submitted to the governing body of the county or city for approval. The governing body may approve or disapprove such plan, but may make no changes without the approval of three members of the committee.
C. The provisions of this section shall expire on December 31, 2012.