SENATE BILL NO. 1313
Offered January 17, 2013
A BILL to amend and reenact § 58.1-540 of the Code of Virginia
and to repeal § 58.1-549 of the Code of Virginia, relating to local income tax.
Referred to Committee on Finance
Be it enacted by the General Assembly of Virginia:
1. That § 58.1-540 of the Code of Virginia is amended
and reenacted as follows:
§ 58.1-540. Levy of the tax.
A. The Counties of Arlington, Fairfax, Loudoun, and Prince
William, and the Cities of Alexandria, Fairfax, Falls Church, Manassas,
Manassas Park, Norfolk, Portsmouth,
and Virginia Beach hereby authorized to levy a local income tax at any
increment of one-quarter percent up to a maximum rate of one percent upon the
Virginia taxable income as determined in § 58.1-322 for an individual, §
58.1-361 for a fiduciary of an estate or trust, or § 58.1-402 for a
corporation, for each taxable year of every resident of such county or city or
corporation having income from sources within such county or city, subject to
the limitations of subsection
B of this section. The same rate
shall apply to individuals, fiduciaries and corporations.
The authority to levy a
local income tax as provided in subsection A may be exercised by a county or
city governing body only if approved in a referendum within the county or city.
The referendum shall be held in accordance with § 24.2-684. The referendum may
be initiated either by a resolution of the governing body of the county or city
or on the filing of a petition signed by a number of registered voters of the
county or city equal in number to ten percent of the number of voters
registered in the county or city on January 1 of the year in which the petition
is filed with the circuit court of such county or city. The clerk of the
circuit court shall publish notice of the election in a newspaper of general
circulation in the county or city once a week for three consecutive weeks prior
to the election. The ballot used shall be printed to read as follows:
"Shall the governing
body of (.... name of county or city ....) have the authority to levy a local
income tax of up to one percent for transportation purposes in accordance with
§ 58.1-540 of the Code of Virginia?
If the voters by a
majority vote approve the authority of the local governing body to levy a local
income tax, the The tax
may be imposed by the adoption of an ordinance by the governing body of the
county or city in accordance with general or special law, and the tax may be
thereafter enacted, modified or repealed as any other tax the governing body is
empowered to levy subject only to the
limitations herein. No, except
that no ordinance levying a local income tax shall be
repealed unless and until all debts or other obligations of the county or city
to which such revenues are pledged or otherwise committed have been paid or
provision made for payment.
2. That § 58.1-549 of the Code of Virginia is repealed.
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