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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80726</law_id><section_number>58.1-816.1</section_number><catch_line>Transportation Improvement Program Set-aside Fund</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1701</reference><reference>33.2-1709</reference><reference>58.1-816</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="1" identifier="8">State Recordation Tax</unit></structure><text>
						<section><p>There is hereby created in the <span class="dictionary">Department</span> of the Treasury a special nonreverting fund which shall be a part of the Transportation Trust Fund established pursuant to &#xA7;&#xA0;<a class="law" title="Transportation Trust Fund" href="/33.2-1524.1/">33.2-1524.1</a> and which shall be known as the Transportation Improvement Program Set-aside Fund (&#x201C;Set-aside Fund&#x201D;), consisting of transfers pursuant to &#xA7;&#xA0;<a class="law" title="(Contingent effective date &#x2014; see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to cities and counties" href="/58.1-816/">58.1-816</a> of annual collections of the state recordation taxes attributable to any local <span class="dictionary">jurisdiction</span> which adopts an <span class="dictionary">ordinance</span> to dedicate and use its share of state recordation tax distributions for transportation purposes; however, this dedication shall not affect the local recordation taxes under &#xA7;&#xA7;&#xA0;<a class="law" title="Additional tax paid by grantor; collection" href="/58.1-802/">58.1-802</a> B and <a class="law" title="City or county recordation tax" href="/58.1-814/">58.1-814</a>. Any local <span class="dictionary">jurisdiction</span> making such an election shall transmit a copy of its <span class="dictionary">ordinance</span> to the State Treasurer at least ninety days before transfers to the Set-aside Fund are to take effect. The State Treasurer is hereby authorized to commingle the funds of the various local <span class="dictionary">jurisdictions</span> in the Set-aside Fund, subject to the establishment of an accounting system which allows for the separate tracking of each local <span class="dictionary">jurisdiction</span>&#x2019;s share. The election to participate in the Set-aside Fund shall be revocable by the passage of an <span class="dictionary">ordinance</span> to that effect; however, if debt has been issued or other obligations incurred on the local <span class="dictionary">jurisdiction</span>&#x2019;s behalf, the election to participate shall be irrevocable so long as such <span class="dictionary">bonds</span>, or other obligations, are outstanding. A permitted <span class="dictionary">revocation</span> shall entitle the local <span class="dictionary">jurisdiction</span> to receive its remaining share, plus earnings and less the Treasurer&#x2019;s investment charges.
		The Set-aside Fund shall also include such other funds as may be appropriated by the General Assembly from time to time and designated for the Set-aside Fund and all interest, dividends and appreciation which may accrue thereto. Any moneys remaining in the Set-aside Fund at the end of a biennium shall not revert to the general fund, but shall remain in the Set-aside Fund. Allocations from the Set-aside Fund may be paid to any authority, locality or commission for the purposes of paying the costs of any Transportation Improvement Program in which the local <span class="dictionary">jurisdiction</span> elects to participate.</p></section></text><history>1993, c. 391; 2020, cc. 1230, 1275.</history><metadata></metadata></law>
