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2023 SESSION
23103175DBe it enacted by the General Assembly of Virginia:
1. That § 58.1-816, as it is currently effective and as it may become effective, of the Code of Virginia is amended and reenacted as follows:
§ 58.1-816. (For contingent expiration date, see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to counties and cities.
A. Effective October 1, 1993, $20 million of the taxes imposed
under §§ 58.1-801 through 58.1-809 that are actually paid into the state
treasury, shall be distributed among
the counties and cities of the Commonwealth, except for counties and cities
located in Planning District 8, in the manner provided in subsection B.
Effective July 1, 1994, such annual distribution shall increase to $40 million.
Effective July 1, 2020, such annual distribution shall be $20 million. Effective July 1, 2023, such
annual distribution shall be $60
million.
B. Subject to any transfer required under § 58.1-816.1, (i) $20 million of the state taxes distributable under this
section shall be deposited annually into the fund
Fund established pursuant to § 33.2-2600.1, and (ii) the remaining
amount of state taxes distributable under
this section shall be apportioned and distributed quarterly to each county or
city, except for those counties or cities located in a
transportation district in Hampton Roads created pursuant to § 33.2-1903,
by the Comptroller by multiplying the amount to be distributed by a fraction in
which the numerator is the amount of the taxes imposed under §§ 58.1-801
through 58.1-809 and actually paid into the state treasury which that are attributable to deeds
and other instruments recorded in the county or city and the denominator is the
amount of taxes imposed under §§ 58.1-801 through 58.1-809 actually paid into
the state treasury. All distributions pursuant to clause
(ii) shall be made on a quarterly basis within 30 days of the end of the
quarter. Such quarterly distribution shall equal one
quarter of the annual distribution amount set forth in subsection A available
after the distribution required by clause (i). Each clerk of the court
shall certify to the Comptroller, within 15 days after the end of the quarter,
all amounts collected under §§ 58.1-801 through 58.1-809 and actually paid into
the state treasury which that are attributable to deeds
and other instruments recorded in such county or city.
C. All moneys distributed pursuant to clause (i) of subsection B shall be used in accordance with § 33.2- 2600.1. All moneys distributed to counties and cities pursuant to clause (ii) of subsection B shall be used for (i) transportation purposes, including, without limitation, construction, administration, operation, improvement, maintenance, and financing of transportation facilities, or (ii) public education.
As used in this section, the term "transportation
facilities" shall include includes all
transportation-related facilities, including but not limited to all highway
systems, public transportation or mass transit systems as defined in §
33.2-100, airports as defined in § 5.1-1, and port facilities as defined in §
62.1-140. Such term shall be liberally construed for purposes of this section.
D. If any revenues distributed to a county or city under clause (ii) of subsection B are applied or expended for any transportation
facilities under the control and jurisdiction of any state agency, board,
commission, or authority, such transportation facilities shall be constructed,
operated, administered, improved, and maintained in accordance with laws,
rules, regulations, policies, and procedures governing such state agency,
board, commission, or authority; however, in the event that these revenues, or
a portion thereof, are expended for improving or constructing highways in a
county that is subject to the provisions of § 33.2-338, such expenditures shall
be undertaken in the manner prescribed in that
statute section.
E. In the case of any distribution to a county or city in
which an office sharing agreement pursuant to §§ 15.2-1637 and 15.2-3822 is in effect,
the Comptroller shall divide the distribution among the office sharing counties
and cities. Each clerk of the court acting pursuant to an office sharing
agreement shall certify to the Comptroller, within 15 days after the end of the
quarter, all amounts collected under §§ 58.1-801 through 58.1-809 and actually
paid into the state treasury which that are attributable to deeds
and other instruments recorded on behalf of each county and city.
§ 58.1-816. (For contingent effective date, see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to counties and cities.
A. Effective October 1, 1993, $20 million of the taxes imposed
under §§ 58.1-801 through 58.1-809 that are actually paid into the state
treasury, shall be distributed among
the counties and cities of the Commonwealth, except for counties and cities
located in Planning District 8, in the manner provided in subsection B.
Effective July 1, 1994, such annual distribution shall increase to $40 million.
Effective July 1, 2020, such annual distribution shall be $20 million. Effective July 1, 2023, such annual distribution
shall be $60 million.
B. Subject to any transfer required under § 58.1-816.1, the
share of the state taxes distributable under this section among the counties
and cities shall be apportioned and distributed quarterly to each county or
city by the Comptroller by multiplying the amount to be distributed by a
fraction in which the numerator is the amount of the taxes imposed under §§
58.1-801 through 58.1-809 and actually paid into the state treasury which that
are attributable to deeds and other instruments recorded in the county or city
and the denominator is the amount of taxes imposed under §§ 58.1-801 through
58.1-809 actually paid into the state treasury. All distributions pursuant to
this section shall be made on a quarterly basis within 30 days of the end of
the quarter. Such quarterly distribution shall equal $10 million. Each clerk of
the court shall certify to the Comptroller, within 15 days after the end of the
quarter, all amounts collected under §§ 58.1-801 through 58.1-809 and actually
paid into the state treasury which that are attributable to deeds
and other instruments recorded in such county or city.
C. All moneys distributed to counties and cities pursuant to this section shall be used for (i) transportation purposes, including, without limitation, construction, administration, operation, improvement, maintenance and financing of transportation facilities, or (ii) public education.
As used in this section, the term "transportation
facilities" shall include includes all
transportation-related facilities including, but not limited to, all highway
systems, public transportation or mass transit systems as defined in §
33.2-100, airports as defined in § 5.1-1, and port facilities as defined in §
62.1-140. Such term shall be liberally construed for purposes of this section.
D. If any revenues distributed to a county or city under
subsection C are applied or expended for any transportation facilities under
the control and jurisdiction of any state agency, board, commission or
authority, such transportation facilities shall be constructed, operated,
administered, improved and maintained in accordance with laws, rules,
regulations, policies and procedures governing such state agency, board,
commission or authority; however, in the event these revenues, or a portion
thereof, are expended for improving or constructing highways in a county which
is subject to the provisions of § 33.2-338, such expenditures shall be
undertaken in the manner prescribed in that
statute section.
E. In the case of any distribution to a county or city in
which an office sharing agreement pursuant to §§ 15.2-1637 and 15.2-3822 is in
effect, the Comptroller shall divide the distribution among the office sharing
counties and cities. Each clerk of the court acting pursuant to an office
sharing agreement shall certify to the Comptroller, within 15 days after the
end of the quarter, all amounts collected under §§ 58.1-801 through 58.1-809
and actually paid into the state treasury which that are attributable to deeds
and other instruments recorded on behalf of each county and city.