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Conference Report PDF of Bill

Conference Report PDF of Bill

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13105343D 2/21/2013 05:16 PM Rosenberg, David A.1HOUSE BILL NO. 2313
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AMENDMENT IN THE NATURE OF A SUBSTITUTE
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(Proposed by the Joint Conference Committee
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on _________________)
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(Patron Prior to Substitute--Delegate Howell, W.J.)
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A BILL to amend and reenact §§ 15.2-4838.1, 33.1-23.03:8, 33.1-23.5:1, 58.1-300, 58.1-520, as it is
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currently effective and as it may become effective, 58.1-601, 58.1-602, 58.1-603, 58.1-604, 58.1-
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604.1, 58.1-605, 58.1-606, 58.1-608.3, 58.1-612, as it is currently effective and as it may become
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effective, 58.1-614, 58.1-615, 58.1-625, as it is currently effective and as it shall become
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effective, 58.1-635, 58.1-638, 58.1-639, 58.1-811, 58.1-2201, 58.1-2217, 58.1-2230, 58.1-2249,
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58.1-2251, 58.1-2259, 58.1-2289, as it is currently effective, 58.1-2295, 58.1-2299.20, 58.1-
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2401, 58.1-2402, 58.1-2425, 58.1-2701, as it is currently effective, 58.1-2706, and 58.1-2708 of 
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the Code of Virginia; to amend Chapter 896 of the Acts of Assembly of 2007; to amend the Code
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of Virginia by adding sections numbered 15.2-4838.01, 33.1-23.5:3, 58.1-603.1, 58.1-604.01,
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58.1-638.2, 58.1-638.3, and 58.1-802.2; to amend the Code of Virginia by adding in Chapter 17
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of Title 58.1 an article numbered 10, consisting of a section numbered 58.1-1742; and to repeal
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Article 22 (§§ 58.1-540 through 58.1-549) of Chapter 3 of Title 58.1 of the Code of Virginia, §§
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58.1-609.13, 58.1-2289 as it may become effective, and 58.1-2701, as it may become effective,
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of the Code of Virginia, and the second enactment of Chapter 822 of the Acts of Assembly of 
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2009, as amended by Chapter 535 of the Acts of Assembly of 2012, relating to revenues and
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appropriations primarily for transportation.
21Be it enacted by the General Assembly of Virginia:221. That §§ 15.2-4838.1, 33.1-23.03:8, 33.1-23.5:1, 58.1-300, 58.1-520, as it is currently effective and23as it may become effective, 58.1-601, 58.1-602, 58.1-603, 58.1-604, 58.1-604.1, 58.1-605, 58.1-606,2458.1-608.3, 58.1-612, as it is currently effective and as it may become effective, 58.1-614, 58.1-615,2558.1-625, as it is currently effective and as it shall become effective, 58.1-635, 58.1-638, 58.1-639,26
 
13105343D 2/21/2013 05:16 PM Rosenberg, David A.2
58.1-811, 58.1-2201, 58.1-2217, 58.1-2230, 58.1-2249, 58.1-2251, 58.1-2259, 58.1-2289, as it is27currently effective, 58.1-2295, 58.1-2299.20, 58.1-2401, 58.1-2402, 58.1-2425, 58.1-2701, as it is28currently effective, 58.1-2706, and 58.1-2708 of the Code of Virginia, and Chapter 896 of the Acts29of Assembly of 2007 are amended and reenacted, and that the Code of Virginia is amended by30adding sections numbered 15.2-4838.01, 33.1-23.5:3, 58.1-603.1, 58.1-604.01, 58.1-638.2, 58.1-638.3,31and 58.1-802.2; and by adding in Chapter 17 of Title 58.1 an article numbered 10, consisting of a32section numbered 58.1-1742, as follows:33§ 15.2-4838.01. Northern Virginia Transportation Authority Fund established. 34
There is hereby created in the state treasury a special nonreverting fund to be known as the
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 Northern Virginia Transportation Authority Fund, hereafter referred to as "the Fund." The Fund shall be
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established on the books of the Comptroller. All revenues dedicated to the Fundpursuant to §§58.1-
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638, 58.1-802.2, and 58.1-1742, any other funds that may be appropriated by the General Assembly, and
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any funds that may be received from any other source shall be paid into the state treasury and credited to
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the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any
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moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert
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to the general fund but shall remain in the Fund. 
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The amounts dedicated to the Fund pursuant to §§58.1-638,58.1-802.2, and 58.1-1742shall be
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deposited monthly by the Comptroller into the Fundand thereafter distributed to the Authority as soon
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as practicable.If the Authority determines that such moneys distributed to it exceedthe amount required
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to meet the current needs and demands to fund transportation projects pursuant to § 15.2-4838.1, the
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Authority may invest such excessmoneys to the same extent as provided in § 33.1-23.03:5for excess
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funds in the Transportation Trust Fund. 
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Theamounts deposited into the Fund and the distribution and expenditure of such amounts shall
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not be used to calculate or reduce the share of local, federal, or state revenues otherwise available to
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 participating jurisdictions. Further, such revenues and moneys shall not be included in any computation
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of, or formula for, a locality's ability to pay for public education, upon which appropriations of state
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revenues to local governments for public education are determined. 
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13105343D 2/21/2013 05:16 PM Rosenberg, David A.3
§ 15.2-4838.1. Use of certain revenues by the Authority.54
A. All moneys received by the Authority pursuant to §§ 58.1-638,58.1-802.2,and 58.1-1742, 
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and the proceeds of bonds issued pursuant to § 15.2-4839,shall be used by the Authority solely for 
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transportation purposes benefiting those counties and cities that are embraced by the Authority. 
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B.Forty 1. Except as provided in subdivision 2,30  percent of the revenuesreceived by the
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Authority under subsection Ashall be distributed on a pro rata basis, with each locality's share being the
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total of suchfees feeand taxesassessed or imposed by the Authority andreceived by the Authority that
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are generated or attributable to the locality divided by the total of suchfees feeand taxesassessed or 
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imposed by the Authority andreceived by the Authority. Of the revenues distributed pursuant to this
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subsection(i) in the Cities of Alexandria, Fairfax, and Falls Church and the County of Arlington the first
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50% shall be used solely for urban or secondary road construction and improvements and for public
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transportation purposes, and (ii) in the remaining localities, the first 50% shall be used solely for urban
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or secondary road construction and improvements. The remainder , as determined solely by the
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applicable locality,such revenuesshall be usedeither for additional urban or secondary road
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construction;for other capital improvements that reduce congestion;for other transportation capital
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improvements which have been approved by the most recent long range transportation plan adopted by
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the Authority; or for public transportation purposes.Solely for purposes of calculating the 40% of 
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revenues to be distributed pursuant to this subsection, the revenue generated pursuant to § 58.1-3221.3
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and Article 8 (§ 15.2-2317 et seq.) of Chapter 22 of this title by the counties and cities embraced by the
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Authority shall be considered revenue of the Authority. None of the revenue distributed by this
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subsection may be used to repay debt issued before July 1,2007 2013. Each locality shallcreate a
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separate, special fund in which all revenues received pursuant to this subsection and from the tax
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imposed pursuant to § 58.1-3221.3 shall be deposited. Each locality shall provide annually to the
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 Northern Virginia Transportation Authority sufficient documentation as required by the Authority
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showing that the funds distributed under this subsection were used as required by this subsection.
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2.If a locality has not deposited into its special fund (i) revenues from the tax collected under §
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58.1-3221.3 pursuant to the maximum tax rate allowed under that section or (ii) an amount, from
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