Chap. 407.—An ACT to amend and re-enact section 217-a of the Tax Code of
Virginia relating to the assessment and taxation of rolling stock of certificated
motor vehicle carriers. {H B 501]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That section
two hundred and seventeen-a of the Tax Code of Virginia be amended
and re-enacted so as to read as follows:

Section 217-a. Every certificated motor vehicle carrier operating
in the State of Virginia shall report annually on or before the first dav
of March to the State Corporation Commission :

(a) All of its rolling stock, owned and/or operated as of the
beginning of the first day of January next preceding, which shall
include all busses, trucks, tractor trucks, trailers, and semi-trailers,
and all other equipment which it is reasonably proper to class as
rolling stock, and which has been, is now, or shall be used in the
transportation of persons or property on the public highways of the
State,
(b) The total vehicle miles traveled by the rolling stock of such
carriers in this State during the twelve months ending December thirty-
first next preceding.

(c) The total vehicle miles traveled by the rolling stock of such
carriers both within and without this State on such operations as are
related to Virginia, whether the same be in the course of business con-
ducted wholly intrastate or whether in the course of business conducted
partly within and partly outside this State, during the twelve months
ending December thirty-first preceding.

The State Corporation Commission shall, after thirty days’ notice,
previously given by it to the president or other proper officer of each
motor vehicle carrier, assess the average value of the rolling stock of
each such motor vehicle carrier habitually used in this State.

Unless otherwise clearly shown, in the case of an interstate carrier,
the rolling stock habitually used in this State shall be deemed to be
that portion of the total rolling stock, owned and/or operated on the
public highways of this State, which the total vehicle miles traveled
by said rolling stock in this State bears to the total vehicle miles trav-
eled both within and without this State on such operations as are
related to Virginia.

A certified copy of the assessment thus made shall be immediately
forwarded by the clerk of the State Corporation Commission to the
Comptroller and to the president or other proper officer of such carrier
so assessed, whose duty it shall be to pay into the treasury of the State
on or before the first day of October, after receiving such certified copy
of the assessment, the State taxes hereby levied upon its rolling stock
at the rate of two dollars and fifty cents on each hundred dollars of the
assessed value thereof annually.

The taxes assessed upon the rolling stock of motor vehicle carriers
as described in the preceding paragraphs shall be distributed to the
counties, cities and incorporated towns of the State in the following
manner:

The State Corporation Commission shall determine the proportion
of the total vehicle miles operated by each carrier in Virginia for each
county, city and incorporated town, The fraction thus derived for
each county, city and incorporated town shall be the measure of the
total rolling stock tax assessed against such carrier to which the
respective county, city and incorporated town shall be entitled.

Having ascertained the amount of the tax payable to each county,
city and incorporated town, the clerk of the State Corporation Com-
mission shall certify to the comptroller the respective sums so to be
paid, and the comptroller shall thereupon make payment to the treas-
urer or other proper fiscal officer of the localities the amounts respec-
tively due them as certified by the State Corporation Commission.
When received by the respective local political subdivisions, these
payments shall constitute and be regarded as receipts for the general
purposes of local government.

It shall be the duty of the State Corporation Commission to prepare
and furnish to the several motor vehicle carriers required to make
reports under this section, forms for such reports, which said carriers
shall use in making the reports required by them and any such carrier
which shall fail to make the report hereinbefore required, within the
time herein prescribed, shall be liable to a fine of not less than twenty-
five dollars nor more than fifty dollars for each day such carrier may
be in default for making such report, said fine to be imposed and judg-
ment entered therefor by the State Corporation Commission after thirty
days’ notice to any such defaulting carrier to appear before said com-
mission and show cause, if any, against the imposition of such fine,
subject to appeal to the Supreme Court of Appeals. Beginning January
first, nineteen hundred and thirty-three no local property levies shall
be imposed on the property taxed by this section.

The provisions of this act, as amended, shall apply to the assess-
ment herein provided for the year nineteen hundred and thirty-seven
and annually thereafter, unless otherwise provided by law.

Any certificated motor vehicle carrier failing to pay the rolling
stock tax above described into the treasury within the time herein
prescribed, shall incur a penalty thereon of five per centum, which shall
be added to the amount of such taxes.