58.1-816 - Distribution of recordation tax to cities and counties.
§ 58.1-816. Distribution of recordation tax to cities and counties.
A. Effective October 1, 1993, twenty million dollars of the taxes imposedunder §§ 58.1-801 through 58.1-809 which are actually paid into the statetreasury, shall be distributed among the counties and cities of thisCommonwealth in the manner provided in subsection B of this section.Effective July 1, 1994, such annual distribution shall increase to fortymillion dollars.
B. Subject to any transfers required under §§ 58.1-815.1 and 58.1-816.1, theshare of the state taxes distributable under this section among the countiesand cities shall be apportioned and distributed quarterly to each county orcity by the Comptroller by multiplying the amount to be distributed by afraction 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 areattributable to deeds and other instruments recorded in the county or cityand the denominator is the amount of taxes imposed under §§ 58.1-801 through58.1-809 actually paid into the state treasury. All distributions pursuantto this section shall be made on a quarterly basis within thirty days of theend of the quarter. Such quarterly distribution shall equal ten milliondollars. Each clerk of the court shall certify to the Comptroller, withinfifteen 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 areattributable to deeds and other instruments recorded in such county or city.
C. All moneys distributed to counties and cities pursuant to this sectionshall be used for (i) transportation purposes, including, without limitation,construction, administration, operation, improvement, maintenance andfinancing of transportation facilities, or (ii) public education.
As used in this section, the term "transportation facilities" shall includeall transportation-related facilities including, but not limited to, allhighway systems, public transportation or mass transit systems as defined in§ 33.1-12, 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 thissection.
D. If any revenues distributed to a county or city under subsection C of thissection are applied or expended for any transportation facilities under thecontrol 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, policiesand procedures governing such state agency, board, commission or authority;however, in the event these revenues, or a portion thereof, are expended forimproving or constructing highways in a county which is subject to theprovisions of § 33.1-75.3, such expenditures shall be undertaken in themanner prescribed in that statute.
E. In the case of any distribution to a county or city in which an officesharing agreement pursuant to §§ 15.2-1637 and 15.2-3822 is in effect, theComptroller shall divide the distribution among the office sharing countiesand cities. Each clerk of the court acting pursuant to an office sharingagreement shall certify to the Comptroller, within fifteen days after the endof the quarter, all amounts collected under §§ 58.1-801 through 58.1-809 andactually paid into the state treasury which are attributable to deeds andother instruments recorded on behalf of each county and city.
(1989, c. 713; 1990, c. 821; 1993, c. 391.)