                                 CODE OF VIRGINIA

(CONTINGENT EFFECTIVE DATE — SEE ACTS 2020, CC. 1241 AND 1281) DISTRIBUTION OF
RECORDATION TAX TO CITIES AND COUNTIES (§ 58.1-816)

A. Effective October 1, 1993, $20 million of the taxes imposed under
&#xA7;&#xA7; 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.

B. Subject to any transfer required under &#xA7; 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 &#xA7;&#xA7; 58.1-801
through 58.1-809 and actually paid into the state treasury which are
attributable to deeds and other instruments recorded in the county or city and
the denominator is the amount of taxes imposed under &#xA7;&#xA7; 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 &#xA7;&#xA7; 58.1-801
through 58.1-809 and actually paid into the state treasury which 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 &#8220;transportation facilities&#8221;
shall include all transportation-related facilities including, but not limited
to, all highway systems, public transportation or mass transit systems as
defined in &#xA7; 33.2-100, airports as defined in &#xA7; 5.1-1, and port
facilities as defined in &#xA7; 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 &#xA7;
33.2-338, such expenditures shall be undertaken in the manner prescribed in that
statute.

E. In the case of any distribution to a county or city in which an office
sharing agreement pursuant to &#xA7;&#xA7; 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 &#xA7;&#xA7; 58.1-801 through 58.1-809 and
actually paid into the state treasury which are attributable to deeds and other
instruments recorded on behalf of each county and city.

HISTORY: 1989, c. 713; 1990, c. 821; 1993, c. 391; 2020, cc. 1230, 1275.