12104032D Be it enacted by the General Assembly of Virginia: 1. That §58.1-608.3 of the Code of Virginia is amended and reenacted as follows: §58.1-608.3. Entitlement to certain sales tax revenues. A. As used in this section, the following words and terms have the following meanings, unless some other meaning is plainly intended: "Bonds" means any obligations of a municipality for the payment of money. "Cost," as applied to any public facility or to extensions
or additions to any public facility, includes: (i) the purchase price of any public
facility acquired by the municipality or the cost of acquiring all of the
capital stock of the corporation owning the public facility and the amount to
be paid to discharge any obligations in order to vest title to the public
facility or any part of it in the municipality; (ii) expenses incident to
determining the feasibility or practicability of the public facility; (iii) the
cost of plans and specifications, surveys and estimates of costs and of
revenues; (iv) the cost of all land, property, rights, easements and franchises
acquired; (v) the cost of improvements, property or equipment; (vi) the cost of
engineering, legal and other professional services; (vii) the cost of
construction or reconstruction; (viii) the cost of all labor, materials,
machinery and equipment; (ix) financing charges; (x) interest before and during
construction and for up to "Municipality" means any county, city, town, authority, commission, or other public entity. "Public facility" means (i) any auditorium,
coliseum, convention center, sports facility that is designed for use primarily
as a baseball stadium for a minor league professional baseball affiliated team
or structures attached thereto, or conference center, which is owned by a
Virginia county, city, town, authority, or other public entity and where
exhibits, meetings, conferences, conventions, seminars, or similar public
events may be conducted; (ii) any hotel which is owned by a foundation whose
sole purpose is to benefit a state-supported university and which is attached
to and is an integral part of such facility, together with any lands reasonably
necessary for the conduct of the operation of such events; (iii) any hotel
which is attached to and is an integral part of such facility; "Sales tax revenues" means such tax collections realized under the Virginia Retail Sales and Use Tax Act (§58.1-600 et seq.) of this title, as limited herein. "Sales tax revenues" does not include the revenue generated by the one-half percent sales and use tax increase enacted by the 1986 Special Session of the General Assembly which shall be paid to the Transportation Trust Fund as defined in §33.1-23.03:1, nor shall it include the one percent of the state sales and use tax revenue distributed among the counties and cities of the Commonwealth pursuant to subsection D of § 58.1-638 on the basis of school age population. For a public facility that is a sports facility, "sales tax revenues" shall include such revenues generated by transactions taking place upon the premises of a baseball stadium or structures attached thereto. B. Any municipality which has issued bonds (i) after December 31, 1991, but before January 1, 1996, (ii) on or after January 1, 1998, but before July 1, 1999, (iii) on or after January 1, 1999, but before July 1, 2001, (iv) on or after July 1, 2000, but before July 1, 2003, (v) on or after July 1, 2001, but before July 1, 2005, (vi) on or after July 1, 2004, but before July 1, 2007, (vii) on or after July 1, 2009, but before July 1, 2012, or (viii) on or after January 1, 2011, but prior to July 1, 2015, to pay the cost, or portion thereof, of any public facility shall be entitled to all sales tax revenues generated by transactions taking place in such public facility. Such entitlement shall continue for the lifetime of such bonds, which entitlement shall not exceed 35 years, and all such sales tax revenues shall be applied to repayment of the bonds. The State Comptroller shall remit such sales tax revenues to the municipality on a quarterly basis, subject to such reasonable processing delays as may be required by the Department of Taxation to calculate the actual net sales tax revenues derived from the public facility. The State Comptroller shall make such remittances to eligible municipalities, as provided herein, notwithstanding any provisions to the contrary in the Virginia Retail Sales and Use Tax Act (§58.1-600 et seq.). No such remittances shall be made until construction is completed and, in the case of a renovation or expansion, until the governing body of the municipality has certified that the renovation or expansion is completed. C. Nothing in this section shall be construed as authorizing the pledging of the faith and credit of the Commonwealth of Virginia, or any of its revenues, for the payment of any bonds. Any appropriation made pursuant to this section shall be made only from sales tax revenues derived from the public facility for which bonds may have been issued to pay the cost, in whole or in part, of such public facility. |