GOVERNOR'S RECOMMENDATION

1. Line 7, enrolled, Title, after 2011;

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to amend and reenact the twelfth enactment of Chapter 684 of the Acts of Assembly of 2015;

2. Line 122, enrolled, after Washington

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Metro

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Metropolitan

3. Line 156, enrolled, after expenses.

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Local transit subsidies and local capital costs of Loudoun County shall not be included.

4. At the beginning of line 166, enrolled

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all of lines 166 through 170

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Operating costs related to the following shall not be included in the calculation of Virginia operating assistance in the approved WMATA budget: (i) any service, equipment, or facility that is required by any applicable law, rule, or regulation; (ii) any capital project approved by the WMATA Board before or after the effective date of this provision; (iii) any payments or obligations of any kind arising from or related to legal disputes or proceedings between or among WMATA and any other person or entity; and (iv) any increased costs related to the Office of the Inspector General.

5. Line 175, enrolled, after rail

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the remainder of line 175, all of line 176, and through district, on line 177

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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 commission as defined in § 33.2-1901

6. Line 241, enrolled, after in subsection

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B

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D

7. Line 255, enrolled, after to

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§§ 58.1-638

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§§ 58.1-638 and 58.1-802.3

8. Line 260, enrolled, after pursuant to

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§§ 58.1-638

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§§ 58.1-638 and 58.1-802.3

9. Line 384, enrolled, after to

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the remainder of line 384 and through system on line 385

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transportation districts established pursuant to Chapter 19 (§ 33.2-1900 et seq.) that on July 1, 2018, jointly operate a commuter rail system. The amount distributed to each transportation district shall be determined by multiplying the total amount of funds available for disbursement by a fraction, the numerator of which shall be such transportation district's share of funding for the commuter rail service jointly operated by the two transportation districts and the denominator of which shall be the total funding provided by both transportation districts for such commuter rail service

10. Line 386, enrolled, after transportation

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the remainder of line 386 and through it on line 387

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districts described in subsection B determine that such moneys distributed to the districts exceed the amount required to meet the current capital and operating needs of the commuter rail system, they

11. Line 398, enrolled, after transportation

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entity

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districts

12. Line 402, enrolled, after such transportation

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the remainder of line 402 and through has on line 403

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districts have

13. Line 407, enrolled, after be

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the remainder of line 407, all of line 408, and through Transportation on line 409

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owned, leased, or otherwise subject to the continuing use of the transportation districts described in subsection B of § 33.2-3500 for the useful life of the projects and property, equipment, and rolling stock, as determined by such transportation districts

14. Line 412, enrolled, after transportation

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entity

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districts

15. Line 417, enrolled, after transportation

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entity

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districts

16. At the beginning of line 738, enrolled

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all of lines 738 through 758

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§ 58.1-802.3. Regional and local transportation fee.

A. In addition to any other tax or fee imposed under the provisions of this chapter, a fee, delineated as the "regional and local transportation fee," is hereby imposed on each deed, instrument, or writing by which lands, tenements, or other realty located in any county or city in a Planning District described in this section is sold and is granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or any other person, by such purchaser's direction. The fee shall be imposed in a Planning District established pursuant to Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2 that (i) as of January 1, 2013, has a population of two million or more, as shown by the most recent United States Census, has not less than 1.7 million motor vehicles registered therein, and has a total transit ridership of not less than 50 million riders per year across all transit systems within the Planning District or (ii) as shown by the most recent United States Census, meets the population criteria set forth in clause (i) and also meets the vehicle registration and ridership criteria set forth in clause (i).

B. 1. For any county or city that meets the requirements in subsection A and is located in a transportation district established pursuant to Chapter 19 (§ 33.2-1900 et seq.) of Title 33.2 that as of January 1, 2018, meets the criteria established in § 33.2-1936, the rate of the fee, when the consideration or value of the interest, whichever is greater, equals or exceeds $100, shall be $0.20 for each $100 or fraction thereof, exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale, whether such lien is assumed or the realty is sold subject to such lien or encumbrance.

2. Fees imposed by this subsection and subsection A shall be collected by the clerk of the court and deposited into the state treasury as soon as practicable. Such fees shall then be deposited as follows: an amount equal to 50 percent of such fees shall be deposited into the fund established in § 33.2-2509 and an amount equal to 50 percent of such fees shall be deposited into the fund established pursuant to § 33.2-3401.

C. 1. For any other county or city that meets the requirements in subsection A, other than those described in subsection B, the rate of the fee, when the consideration or value of the interest, whichever is greater, equals or exceeds $100, shall be $0.15 for each $100 or fraction thereof, exclusive of the value of any lien or encumbrance remaining thereon at the time of the sale, whether such lien is assumed or the realty is sold subject to such lien or encumbrance. In any case in which the fee is imposed pursuant to clause (ii), such fee shall be effective beginning on the July 1 immediately following the calendar year in which all of the criteria under such clause have been met.

2. Fees imposed by this subsection and subsection A shall be collected by the clerk of the court. One-third of such fees shall be retained by the county or city in which they were collected and shall be used solely for transportation purposes. An amount equal to two-thirds of the fees shall be deposited into the state treasury as soon as practicable and shall then be deposited into the fund established pursuant to § 33.2-2509.

D. The fee imposed by this section shall be paid by the grantor, or any person who signs on behalf of the grantor, of any deed, instrument, or writing subject to the fee imposed by this section.

E. No such deed, instrument, or writing shall be admitted to record unless certification of the clerk wherein first recorded has been affixed thereto that the fee imposed pursuant to this section has been paid.

 

17. Line 914, enrolled, after rate of

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two

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three

18. Line 1000, enrolled, after deposited

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the remainder of line 1000, all of lines 1001 through 1005, and through equal to on line 1006

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each month as follows:

1. One-twelfth of an amount determined by multiplying $15 million by a fraction, the numerator of which shall be such transportation district's share of funding for the commuter rail service jointly operated by the two transportation districts and the denominator of which shall be the total funding share for such commuter rail service, shall be deposited in the Commuter Rail Operating and Capital Fund established pursuant to § 33.2-3500;

2. a. Until June 30, 2019, an amount equal to the increase in taxes, interest, and civil penalties paid to the Commissioner each month, compared with the same month for fiscal year 2018, minus any amounts deposited pursuant to subdivision 1, shall be deposited into the Washington Metropolitan Area Transit Capital Fund established pursuant to § 33.2-3401; and

b. Beginning on July 1, 2019, an amount equal to one-twelfth of

19. Line 1023, enrolled, after deposited

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the remainder of line 1023, all of lines 1024, 1025, and 1026, and through 33.2-3500 on line 1027

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each month as follows:

1. One-twelfth of an amount determined by multiplying $15 million by a fraction, the numerator of which shall be such transportation district's share of funding for the commuter rail service jointly operated by the two transportation districts and the denominator of which shall be the total funding share for such commuter rail service,

20. Line 1154, enrolled, after pursuant to §

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33.1-23.4:01

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33.2-365

21. Line 1180, enrolled, after 33.2-214.3

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the remainder of line 1180 and through act on line 1181

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, 33.2-286, and 33.2-1526.1 of the Code of Virginia, as created by this act, and § 58.1-638 of the Code of Virginia, as amended by this act

22. Line 1189, enrolled, after if

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the remainder of line 1189, all of lines 1190, 1191, and 1192, and through meeting on line 1193

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(i) any alternate directors participate or take action at an official Washington Metropolitan Area Transit Authority (WMATA) Board meeting or committee meeting as Board directors for a WMATA compact member when both directors appointed by that same WMATA compact member are present at the WMATA Board meeting or committee meeting or (ii) the WMATA Board of Directors has not adopted bylaws that would prohibit such participation by alternate directors

23. Line 1250, enrolled, after initiated

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by the Washington Metropolitan Area Transit Authority

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17. That nothing in this act shall be construed to appropriate or transfer any transportation revenues for nontransportation purposes pursuant to the twenty-second enactment of Chapter 896 of the Acts of Assembly of 2007 or the fourteenth enactment of Chapter 766 of the Acts of Assembly of 2013.

18. That the twelfth enactment of Chapter 684 of the Acts of Assembly of 2015 is amended and reenacted as follows:

12. That the provisions of this act amending §§ 33.2-1530, 58.1-815.4, 58.1-1741, and 58.1-2289 of the Code of Virginia shall expire if the Commonwealth collects sales and use tax from remote sellers on sales made into the Commonwealth pursuant to legislation enacted by the federal government that grants states that meet minimum simplification requirements specified in such legislation the authority to compel remote retailers to collect sales and use tax on sales made into the respective state.