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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2004 SPECIAL SESSION I
041476508Be it enacted by the General Assembly of Virginia:
1. That §§ 29.1-101, 29.1-101.01, 58.1-603, 58.1-604, 58.1-611.1, 58.1-627, 58.1-628 and 58.1-638 of the Code of Virginia are amended and reenacted as follows:
§ 29.1-101. Game Protection Fund.
The amount received by the State Treasurer from the sale of hunting, trapping
and fishing licenses, revenue generated from the sales and use tax pursuant to
subsection E F of § 58.1-638, and such other items as may accrue to the Board
shall be set aside and shall constitute the Game Protection Fund. The income and principal of this Fund,
including any unexpended balance, shall be a separate fund in the state
treasury and shall only be used for the payment of the salaries, allowances,
wages, and expenses incident to carrying out the provisions of the hunting,
trapping and inland fish laws and for no other purpose, except as provided in
§§ 29.1-101.01, 29.1-701, 58.1-345 and 58.1-1410.
§ 29.1-101.01. Capital Improvement Fund.
There is hereby created in the state treasury a special, nonreverting fund to
be known as the Capital Improvement Fund, hereafter referred to as "the Fund."
The Fund shall consist of those funds that may be so designated by the Board
and any gifts, grants, and contributions from any person, foundation, or other
legal entity. In addition, the Board may transfer to this Fund an amount equal
to fifty percent or less of the revenue generated annually from the sales and
use tax which has been deposited in the Game Protection Fund pursuant to
subsection E F of § 58.1-638. The income and principal in the Fund shall be
used only for the purchase, construction, maintenance, or repair of capital assets of the Department.
The Fund shall be established on the books of the Comptroller. All moneys received shall be paid into the state treasury and credited to the Fund. Interest earned on the moneys in the Fund shall remain in the Fund and be credited to the Fund. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund, except as provided in subsection E of § 58.1-638.
§ 58.1-603. Imposition of sales tax.
There is hereby levied and imposed, in addition to all other taxes and fees of
every kind now imposed by law, a license or privilege tax upon every person who
engages in the business of selling at retail or distributing tangible personal
property in this Commonwealth, or who rents or furnishes any of the things or
services taxable under this chapter, or who stores for use or consumption in
this Commonwealth any item or article of tangible personal property as defined
in this chapter, or who leases or rents such property within this Commonwealth,
in the amount of three four and one-half percent:
1. Of the gross sales price of each item or article of tangible personal property when sold at retail or distributed in this Commonwealth.
2. Of the gross proceeds derived from the lease or rental of tangible personal property, where the lease or rental of such property is an established business, or part of an established business, or the same is incidental or germane to such business.
3. Of the cost price of each item or article of tangible personal property stored in this Commonwealth for use or consumption in this Commonwealth.
4. Of the gross proceeds derived from the sale or charges for rooms, lodgings or accommodations furnished to transients as set out in the definition of "retail sale" in § 58.1-602.
5. Of the gross sales of any services whichthat are expressly stated as taxable
within this chapter.
§ 58.1-604. Imposition of use tax.
There is hereby levied and imposed, in addition to all other taxes and fees now
imposed by law, a tax upon the use or consumption of tangible personal property
in this Commonwealth, or the storage of such property outside the Commonwealth
for use or consumption in this Commonwealth, in the amount of three four and
one-half percent:
1. Of the cost price of each item or article of tangible personal property used or consumed in this Commonwealth. Tangible personal property which has been acquired for use outside this Commonwealth and subsequently becomes subject to the tax imposed hereunder shall be taxed on the basis of its cost price if such property is brought within this Commonwealth for use within six months of its acquisition; but if so brought within this Commonwealth six months or more after its acquisition, such property shall be taxed on the basis of the current market value (but not in excess of its cost price) of such property at the time of its first use within this Commonwealth. Such tax shall be based on such proportion of the cost price or current market value as the duration of time of use within this Commonwealth bears to the total useful life of such property (but it shall be presumed in all cases that such property will remain within this Commonwealth for the remainder of its useful life unless convincing evidence is provided to the contrary).
2. Of the cost price of each item or article of tangible personal property stored outside this Commonwealth for use or consumption in this Commonwealth.
3. A transaction taxed under § 58.1-603 shall not also be taxed under this section, nor shall the same transaction be taxed more than once under either section.
4. The use tax shall not apply with respect to the use of any article of tangible personal property brought into this Commonwealth by a nonresident individual, visiting in Virginia, for his personal use, while within this Commonwealth.
5. The use tax shall not apply to out-of-state mail order catalog purchases totaling $100 or less during any calendar year.
§ 58.1-611.1. Rate of tax on sales of food purchased for human consumption; Food Tax Reduction Program.
A. Subject to the conditions of subsections D and E, the tax imposed by §§ 58.1-603 and 58.1-604 on food purchased for human consumption shall be levied and distributed as follows:
1. From January 1, 2000, through March 31, 2001, the tax rate on such food shall be three percent of the gross sales price. The revenue from the tax shall be distributed as follows: (i) the revenue from the tax at the rate of one-half percent shall be distributed as provided in subsection A of § 58.1-638, (ii) the revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C and D of § 58.1-638, and (iii) the revenue from the tax at the rate of one and one-half percent shall be used for general fund purposes.
2. From April 1, 2001, through March 31, 2002, the tax rate on such food shall be two and one-half percent of the gross sales price. The revenue from the tax shall be distributed as follows: (i) the revenue from the tax at the rate of one-half percent shall be distributed as provided in subsection A of § 58.1-638, (ii) the revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C and D of § 58.1-638, and (iii) the revenue from the tax at the rate of one percent shall be used for general fund purposes.
3. From April 1, 2002, through March 31, 2003, the tax rate on such food shall be two percent of the gross sales price. The revenue from the tax shall be distributed as follows: (i) the revenue from the tax at the rate of one-half percent shall be distributed as provided in subsection A of § 58.1-638, (ii) the revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C and D of § 58.1-638, and (iii) the revenue from the tax at the rate of one-half percent shall be used for general fund purposes.
4. On and after April 1, 2003, the tax rate on such food shall be one and one-half percent of the gross sales price. The revenue from the tax shall be distributed as follows: (i) the revenue from the tax at the rate of one-half percent shall be distributed as provided in subsection A of § 58.1-638 and (ii) the revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C and D of § 58.1-638.
B. The provisions of this section shall not affect the imposition of tax on food purchased for human consumption pursuant to §§ 58.1-605 and 58.1-606.
C. As used in this section, "food purchased for human consumption" has the same meaning as "food" defined in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and federal regulations adopted pursuant to that Act, except it shall not include seeds and plants which produce food for human consumption. For the purpose of this section, "food purchased for human consumption" shall not include food sold by any retail establishment where the gross receipts derived from the sale of food prepared by such retail establishment for immediate consumption on or off the premises of the retail establishment constitutes more than 80 percent of the total gross receipts of that retail establishment, including but not limited to motor fuel purchases, regardless of whether such prepared food is consumed on the premises of that retail establishment. For purposes of this section, "retail establishment" means each place of business for which any "dealer," as defined in § 58.1-612, is required to apply for and receive a certificate of registration pursuant to § 58.1-613.
D. Notwithstanding the tax rates set forth in subsection A, the rate of tax on sales of food purchased for human consumption for any 12-month period beginning on or after April 1, 2001, shall not be reduced below the rate then in effect for the Commonwealth's current fiscal year if:
1. Actual general fund revenues for the fiscal year preceding a fiscal year in which a rate reduction is contemplated in subsection A do not exceed the official general fund revenue estimates for such preceding fiscal year, as estimated in the most recently enacted and approved general appropriation act, by at least one percent; or
2. Any of the events listed in subsection C of § 58.1-3524 or subsection B of § 58.1-3536 have occurred during the then current fiscal year.E. If the tax rate on food purchased for human consumption remains the same for the period January 1, 2000, through March 31, 2001, and the subsequent 12-month period beginning on April 1, 2001, or with respect to any consecutive 12-month periods beginning on and after April 1, 2001, the tax rate on such food shall remain the same unless none of the conditions described in subsection D have occurred, in which event the tax rate on food purchased for human consumption for the immediately following 12-month period shall be equal to the next lowest tax rate listed in subsection A.
F. The additional 1 percent increase in the taxes imposed pursuant to §§ 58.1-603 and 58.1-604 effective July 1, 2004, shall not apply to food purchased for human consumption.
§ 58.1-627. Bracket system for tax at rate of 4 and one-half percent.
The following Tax Commissioner shall develop brackets of prices that shall be
used for the collection of the tax imposed by this chapter : on sales of less
than five dollars.
$0.00 to $0.14 no tax
.15 to .42 1» tax
.43 to .71 2» tax
.72 to .99 3» tax
1.00 to 1.28 4» tax
1.29 to 1.57 5» tax
1.58 to 1.85 6» tax
1.86 to 2.14 7» tax
2.15 to 2.42 8» tax
2.43 to 2.71 9» tax
2.72 to 2.99 10» tax
3.00 to 3.28 11» tax
3.29 to 3.57 12» tax
3.58 to 3.85 13» tax
3.86 to 4.14 14» tax
4.15 to 4.42 15» tax
4.43 to 4.71 16» tax
4.72 to 5.00 17» tax
On transactions over five dollarsgreater than five dollars, the tax shall be
computed at three 4 and one-half percent, one-half cent or more being treated
as one cent. If a dealer can show to the satisfaction of the Tax Commissioner that
more than eighty-five85 percent of the total dollar volume of his gross
taxable sales during the taxable month was from individual sales at prices of
ten 10 cents or less each, and that he was unable to adjust his prices in
such manner as to prevent the economic incidence of the sales tax from falling on him, the Tax
Commissioner shall determine the proper tax liability of the dealer based on that portion of the
dealer's gross taxable sales which was from sales at prices of eleven 11 cents
or more.
§ 58.1-628. Bracket system for combined state and local tax.
The following Tax Commissioner shall prepare brackets of prices that shall be
used for the collection of the combined state and local tax : on sales less
than five dollars.
$0.00 to $0.11 no tax
.12 to .33 1» tax
.34 to .55 2» tax
.56 to .77 3» tax
.78 to .99 4» tax
1.00 to 1.22 5» tax
1.23 to 1.44 6» tax
1.45 to 1.66 7» tax
1.67 to 1.88 8» tax
1.89 to 2.11 9» tax
2.12 to 2.33 10» tax
2.34 to 2.55 11» tax
2.56 to 2.77 12» tax
2.78 to 2.99 13» tax
3.00 to 3.22 14» tax
3.23 to 3.44 15» tax
3.45 to 3.66 16» tax
3.67 to 3.88 17» tax
3.89 to 4.11 18» tax
4.12 to 4.33 19» tax
4.34 to 4.55 20» tax
4.56 to 4.77 21» tax
4.78 to 5.00 22» tax
On transactions over five dollarsgreater than five dollars, the tax shall be
computed at four 5 and one-half percent, one-half cent or more being treated as
one cent. The foregoing bracket system shall not relieve the dealer from the
duty and liability to remit an amount equal to four five and one-half percent
of his gross taxable sales as provided in this chapter. If the dealer, however, can show to the satisfaction of
the Tax Commissioner that more than eighty-five85 percent of the total dollar
volume of his gross taxable sales during the taxable month was from individual sales
at prices of ten 10 cents or less each and that he was unable to adjust
his prices in such manner as to prevent the economic incidence of the sales tax from falling on
him, the Tax Commissioner shall determine the proper tax liability of the
dealer based on that portion of the dealer's gross taxable sales which was from
sales at prices of eleven 11 cents or more.
§ 58.1-638. Disposition of state sales and use tax revenue; Transportation Trust Fund; localities' share; Game Protection Fund.
A. The Comptroller shall designate a specific revenue code number for all the state sales and use tax revenue collected under the preceding sections of this chapter.
1. The sales and use tax revenue generated by the one-half percent sales and use tax increase enacted by the 1986 Special Session of the General Assembly shall be paid, in the manner hereinafter provided in this section, to the Transportation Trust Fund as defined in § 33.1-23.03:1. Of the funds paid to the Transportation Trust Fund, an aggregate of 4.2 percent shall be set aside as the Commonwealth Port Fund as provided in this section; an aggregate of 2.4 percent shall be set aside as the Commonwealth Airport Fund as provided in this section; and an aggregate of 14.5 percent in fiscal year 1998-1999 and 14.7 percent in fiscal year 1999-2000 and thereafter shall be set aside as the Commonwealth Mass Transit Fund as provided in this section. The Fund's share of such net revenue shall be computed as an estimate of the net revenue to be received into the state treasury each month, and such estimated payment shall be adjusted for the actual net revenue received in the preceding month. All payments shall be made to the Fund on the last day of each month.
2. There is hereby created in the Department of the Treasury a special nonreverting fund which shall be a part of the Transportation Trust Fund and which shall be known as the Commonwealth Port Fund.
a. The Commonwealth Port Fund shall be established on the books of the Comptroller and the funds remaining in such Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it. Funds may be paid to any authority, locality or commission for the purposes hereinafter specified.
b. The amounts allocated pursuant to this section shall be allocated by the Commonwealth Transportation Board to the Board of Commissioners of the Virginia Port Authority to be used to support port capital needs and the preservation of existing capital needs of all ocean, river, or tributary ports within the Commonwealth.
c. Commonwealth Port Fund revenue shall be allocated by the Board of Commissioners to the Virginia Port Authority in order to foster and stimulate the flow of maritime commerce through the ports of Virginia, including but not limited to the ports of Richmond, Hopewell and Alexandria.
3. There is hereby created in the Department of the Treasury a special nonreverting fund which shall be part of the Transportation Trust Fund and which shall be known as the Commonwealth Airport Fund. The Commonwealth Airport Fund shall be established on the books of the Comptroller and any funds remaining in such Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the funds shall be credited to the Fund. The funds so allocated shall be allocated by the Commonwealth Transportation Board to the Virginia Aviation Board. The funds shall be allocated by the Virginia Aviation Board to any Virginia airport which is owned by the Commonwealth, a governmental subdivision thereof, or a private entity to which the public has access for the purposes enumerated in § 5.1-2.16, or is owned or leased by the Metropolitan Washington Airports Authority (MWAA), as follows:
Any new funds in excess of $12.1 million which are available for allocation by
the Virginia Aviation Board from the Commonwealth Transportation Fund, shall be
allocated as follows: sixty percent to MWAA, up to a maximum annual amount of
two$2 million dollars, and forty40 percent to air carrier airports as
provided in subdivision A 3 a. Except for adjustments due to changes in enplaned passengers, no air carrier airport sponsor,
excluding MWAA, shall receive less funds identified under subdivision A 3 a
than it received in fiscal year 1994-1995.
Of the remaining amount:
a. Forty percent of the funds shall be allocated to air carrier airports, except airports owned or leased by MWAA, based upon the percentage of enplanements for each airport to total enplanements at all air carrier airports, except airports owned or leased by MWAA. No air carrier airport sponsor, however, shall receive less than $50,000 nor more than $2 million per year from this provision.
b. Forty percent of the funds shall be allocated by the Aviation Board for air carrier and reliever airports on a discretionary basis, except airports owned or leased by MWAA.
c. Twenty percent of the funds shall be allocated by the Aviation Board for general aviation airports on a discretionary basis.
4. There is hereby created in the Department of the Treasury a special nonreverting fund which shall be a part of the Transportation Trust Fund and which shall be known as the Commonwealth Mass Transit Fund.
a. The Commonwealth Mass Transit Fund shall be established on the books of the Comptroller and any funds remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall be credited to the Fund. Funds may be paid to any local governing body, transportation district commission, or public service corporation for the purposes hereinafter specified.
b. The amounts allocated pursuant to this section shall be used to support the
public transportation administrative costs and the costs borne by the locality
for the purchase of fuels, lubricants, tires and maintenance parts and supplies
for public transportation at a state share of eighty 80 percent in 2002 and
ninety-five95 percent in 2003 and succeeding years. These amounts may be
used to support up to ninety-five95 percent of the local or nonfederal share of
capital project costs for public transportation and ridesharing equipment, facilities, and associated
costs. Capital costs may include debt service payments on local or agency
transit bonds. The term "borne by the locality" means the local share eligible
for state assistance consisting of costs in excess of the sum of fares and
other operating revenues plus federal assistance received by the locality.
c. Commonwealth Mass Transit Fund revenue shall be allocated by the Commonwealth Transportation Board as follows:
(1) Funds for special programs, which shall include ridesharing, experimental transit, and technical assistance, shall not exceed 1.5 percent of the Fund.
(2) The Board may allocate these funds to any locality or planning district commission to finance up to eighty percent of the local share of all costs associated with the development, implementation, and continuation of ridesharing programs.
(3) Funds allocated for experimental transit projects may be paid to any local governing body, transportation district commission, or public corporation or may be used directly by the Department of Rail and Public Transportation for the following purposes:
(a) To finance up to ninety-five95 percent of the capital costs related to the
development, implementation and promotion of experimental public transportation and ridesharing
projects approved by the Board.
(b) To finance up to ninety-five95 percent of the operating costs of
experimental mass transportation and ridesharing projects approved by the Board for a period of time
not to exceed twelve12 months.
(c) To finance up to ninety-five95 percent of the cost of the development and
implementation of any other project designated by the Board where the purpose
of such project is to enhance the provision and use of public transportation
services.
d. Funds allocated for public transportation promotion and operation studies may be paid to any local governing body, planning district commission, transportation district commission, or public transit corporation, or may be used directly by the Department of Rail and Public Transportation for the following purposes and aid of public transportation services:
(1) At the approval of the Board to finance a program administered by the Department of Rail and Public Transportation designed to promote the use of public transportation and ridesharing throughout Virginia.
(2) To finance up to fifty 50 percent of the local share of public
transportation operations planning and technical study projects approved by the Board.
e. At least 73.5 percent of the Fund shall be distributed to each transit property in the same proportion as its operating expenses bear to the total statewide operating expenses and shall be spent for the purposes specified in subdivision 4 b.
f. The remaining twenty-five25 percent shall be distributed for capital
purposes on the basis of ninety-five95 percent of the nonfederal share for
federal projects and ninety-five95 percent of the total costs for nonfederal
projects. In the event that total capital funds available under this subdivision are insufficient to
fund the complete list of eligible projects, the funds shall be distributed to each transit property
in the same proportion that such capital expenditure bears to the statewide
total of capital projects.
g. There is hereby created in the Department of the Treasury a special
nonreverting fund known as the Commonwealth Transit Capital Fund. The
Commonwealth Transit Capital Fund shall be part of the Commonwealth Mass
Transit Fund. The Commonwealth Transit Capital Fund subaccount shall be
established on the books of the Comptroller and consist of such moneys as are
appropriated to it by the General Assembly and of all donations, gifts,
bequests, grants, endowments, and other moneys given, bequeathed, granted, or
otherwise made available to the Commonwealth Transit Capital Fund. Any funds
remaining in the Commonwealth Transit Capital Fund at the end of the biennium
shall not revert to the general fund, but shall remain in the Commonwealth
Transit Capital Fund. Interest earned on funds within the Commonwealth Transit
Capital Fund shall remain in and be credited to the Commonwealth Transit
Capital Fund. Proceeds of the Commonwealth Transit Capital Fund may be paid to
any political subdivision, another public entity created by an act of the
General Assembly, or a private entity as defined in § 56-557 and for purposes
as enumerated in subdivision 4c of § 33.1-269 or expended by the Department of
Rail and Public Transportation for the purposes specified in this subdivision.
Revenues of the Commonwealth Transit Capital Fund shall be used to support capital
expenditures involving the establishment, improvement, or expansion of public
transportation services through specific projects approved by the Commonwealth
Transportation Board. Projects financed by the Commonwealth Transit Capital
Fund shall receive local, regional or private funding for at least twenty20
percent of the nonfederal share of the total project cost.
5. Funds for Metro shall be paid by the Northern Virginia Transportation Commission (NVTC) to the Washington Metropolitan Area Transit Authority (WMATA) and be a credit to the Counties of Arlington and Fairfax and the Cities of Alexandria, Falls Church and Fairfax in the following manner:
a. Local obligations for debt service for WMATA rail transit bonds apportioned
to each locality using WMATA's capital formula shall be paid first by NVTC.
NVTC shall use ninety-five95 percent state aid for these payments.
b. The remaining funds shall be apportioned to reflect WMATA's allocation
formulas by using the related WMATA-allocated subsidies and relative shares of
local transit subsidies. Capital costs shall include twenty 20 percent of
annual local bus capital expenses. Hold harmless protections and obligations for NVTC's jurisdictions
agreed to by NVTC on November 5, 1998, shall remain in effect.
Appropriations from the Commonwealth Mass Transit Fund are intended to provide a stable and reliable source of revenue as defined by Public Law 96-184.
B. The sales and use tax revenue generated by a one percent sales and use tax shall be distributed among the counties and cities of this Commonwealth in the manner provided in subsections C and D.
C. The localities' share of the net revenue distributable under this section among the counties and cities shall be apportioned by the Comptroller and distributed among them by warrants of the Comptroller drawn on the Treasurer of Virginia as soon as practicable after the close of each month during which the net revenue was received into the state treasury. The distribution of the localities' share of such net revenue shall be computed with respect to the net revenue received into the state treasury during each month, and such distribution shall be made as soon as practicable after the close of each such month.
D. The net revenue so distributable among the counties and cities shall be apportioned and distributed upon the basis as certified to the Comptroller by the Department of Education, of the number of children in each county and city according to the most recent statewide census of school population taken by the Department of Education pursuant to § 22.1-284, as adjusted in the manner hereinafter provided. No special school population census, other than a statewide census, shall be used as the basis of apportionment and distribution except that in any calendar year in which a statewide census is not reported, the Department of Education shall adjust such school population figures by the same percent of annual change in total population estimated for each locality by The Center for Public Service. The revenue so apportionable and distributable is hereby appropriated to the several counties and cities for maintenance, operation, capital outlays, debt and interest payments, or other expenses incurred in the operation of the public schools, which shall be considered as funds raised from local resources. In any county, however, wherein is situated any incorporated town constituting a school division, the county treasurer shall pay into the town treasury for maintenance, operation, capital outlays, debt and interest payments, or other expenses incurred in the operation of the public schools, the proper proportionate amount received by him in the ratio that the school population of such town bears to the school population of the entire county. If the school population of any city or of any town constituting a school division is increased by the annexation of territory since the last preceding school population census, such increase shall, for the purposes of this section, be added to the school population of such city or town as shown by the last such census and a proper reduction made in the school population of the county or counties from which the annexed territory was acquired.
E. 1. The sales and use tax revenue generated by the one percent sales and use tax increase enacted by the 2004 Special Session of the General Assembly shall be distributed as provided in this section.
2. One-half of such revenue shall be distributed among the counties and cities of the Commonwealth pursuant to the same methodology as provided in § 58.1-605 and used solely for public school purposes.
3. The remaining one-half of such revenues shall be used solely for higher education as specified in the applicable Appropriations Act.
E.F. Beginning July 1, 2000, of the remaining sales and use tax revenue, the
revenue generated by a two percent sales and use tax, up to an annual amount of
$13 million, collected from the sales of hunting equipment, auxiliary hunting
equipment, fishing equipment, auxiliary fishing equipment, wildlife-watching
equipment, and auxiliary wildlife-watching equipment in Virginia, as estimated
by the most recent U.S. Department of the Interior, Fish and Wildlife Service
and U.S. Department of Commerce, Bureau of the Census National Survey of
Fishing, Hunting, and Wildlife-Associated Recreation, shall be paid into the
Game Protection Fund established under § 29.1-101 and shall be used, in part,
to defray the cost of law enforcement. Not later than thirty days after the close of
each quarter, the Comptroller shall transfer to the Game Protection Fund the
appropriate amount of collections to be dedicated to such Fund. At any time
that the balance in the Capital Improvement Fund, established under §
29.1-101.1, is equal to or in excess of $35 million, any portion of sales and use
tax revenues that would have been transferred to the Game Protection Fund,
established under § 29.1-101, in excess of the net operating expenses of the
Board, after deduction of other amounts which accrue to the Board and are set aside
for the Game Protection Fund, shall remain in the general fund until such time as
the balance in the Capital Improvement Fund is less than $35 million.
F.G. If errors are made in any distribution, or adjustments are otherwise
necessary, the errors shall be corrected and adjustments made in the distribution for the next quarter or for
subsequent quarters.
G.H. The term "net revenue," as used in this section, means the gross revenue
received into the general fund or the Transportation Trust Fund of the state treasury under the preceding
sections of this chapter, less refunds to taxpayers.
2. That revenues distributed to localities for education pursuant to this act may be considered in calculating the Commonwealth's share of funding the Standards of Quality.