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1998 SESSION
983116144Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-4513, 58.1-1720 and 58.1-1724 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-4513. Funds of commission.
A. All moneys of a commission, whether derived from any contract of the commission or from any other source, shall be collected, received, held, secured and disbursed in accordance with any relevant contract of the commission. This section shall apply to such moneys only if and to the extent they are consistent with such commission contracts.
B. Such moneys shall not be required to be paid into the state treasury or into the treasury or to any officer of any county or city.
C. All such moneys shall be deposited by the commission in a separate bank account, appropriately designated, in banks or trust companies designated by the commission.
D. In the case of the transportation district created by Chapter 630 of the 1964 Acts of Assembly, as amended, all taxes distributed monthly to the commission of that district in accordance with § 58.1-1724 shall be credited by that commission to the account of the individual cities and counties which comprise such district. The taxes shall be credited in accordance with the procedures set forth in § 58.1-605, mutatis mutandis, to each city or county in which the motor fuels sales were made.
§ 58.1-1720. Sales tax on fuel in certain transportation districts.
A. There is hereby levied, in addition to all other taxes imposed on fuels
subject to tax under Chapter 21 (§ 58.1-2100 et seq.) of this title, in
every county or city which is a member of any transportation district in which
a rapid heavy rail commuter mass transportation system operating on an
exclusive right-of-way and a bus commuter mass transportation system are owned,
operated or controlled, by an agency or a commission as defined in §
15.1-1344 15.2-4502, or in any transportation district which
is subject to § 15.1-1357 (b) (6) 15.2-4515 C and
which is contiguous to the Northern Virginia Transportation District, a sales
tax of two percent of the retail price of such fuels sold within such county or
city. As used in this section, "retail sale" means a sale to a
consumer or to any person for any purpose other than resale.
B. The tax imposed under this section shall be subject to the provisions of the Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.), except that the exemption provided for motor vehicle fuels under § 58.1-609.13, and the bracket system provided in such act, shall not be applicable.
§ 58.1-1724. Disposition of tax revenues.
All taxes paid to the Commissioner pursuant to this article, after subtraction
of the direct costs of administration by the Department, shall be deposited in
a special fund entitled the "Special Fund Account of the Transportation
District of......." The amounts deposited in the special fund shall be
distributed monthly to the applicable transportation district commission of
which the county or city is a member to be applied to the operating deficit,
capital and debt service of the mass transit system of such district or, in the
case of a transportation district subject to the provisions of §
15.1-1357 (b) (6) 15.2-4515 C, to be applied to and expended
for any transportation purpose of such district. In the case
of the transportation district created by Chapter 630 of the 1964
Acts of Assembly, as amended, all taxes distributed to the
commission of that district shall be credited
to the account of the individual cities and
counties which comprise that district in accordance with
§ 15.2-4513 D. In the case of a jurisdiction which, after July 1,
1989, joins a transportation district which was established on or before
January 1, 1986, and is also subject to § 15.1-1357 (b)
(6) 15.2-4515 C, the funds collected from that jurisdiction
shall be applied to and expended for any transportation purpose of such
jurisdiction. The direct costs of administration shall be credited to the funds
appropriated to the Department.