Item 3-1.01 |
|---|
§ 3-1.01 INTERFUND TRANSFERS
A.1. In order to reimburse the general fund of the state treasury for expenses herein authorized to be paid therefrom on account of the activities listed below, the State Comptroller shall transfer the sums stated below to the general fund from the nongeneral funds specified, except as noted, on January 1 of each year of the current biennium. Transfers from the Alcoholic Beverage Control Fund to the general fund shall be made four times a year, with each payment amounting to one-fourth of the total for the year, and such transfers shall be made within fifty (50) days of the close of the quarter. The payment for the fourth quarter of each fiscal year shall be made in the month of June.
| 1. Alcoholic Beverage Control Fund (§ 4-23, Code of Virginia) | ||
| For expenses incurred for care, treatment, study and rehabilitation of alcoholics by the Department of Mental Health, Mental Retardation and Substance Abuse Services | $10,895,535 | $10,895,535 |
| 2. Forest Products Tax Fund (§ 58.1-1609, Code of Virginia) | ||
| For collection by Department of Taxation | $33,878 | $33,878 |
| 3. Peanut Fund (§ 3.1-662, Code of Virginia) | ||
| For collection by Department of Taxation | $969 | $969 |
| 4. Proceeds of the Tax on Motor Vehicle Fuels | ||
| For inspection of gasoline, diesel fuel and motor oils | $97,586 | $97,586 |
| 5. Virginia Retirement System (Trust and Agency) | ||
| For postage by the Department of the Treasury | $121,900 | $121,900 |
| 6. Department of Alcoholic Beverage Control (Enterprise) | ||
| For services by the: | ||
| a) Auditor of Public Accounts | $75,521 | $75,521 |
| b) Department of Accounts | $64,607 | $64,607 |
| c) Department of the Treasury | $47,628 | $47,628 |
| 7. Department of Agriculture and Consumer Services (Federal Trust) | ||
| For the Meat and Poultry Program | $112,000 | $112,000 |
| TOTAL | $11,449,624 | $11,449,624 |
2.a. Transfers of net profits from the Alcoholic Beverage Control Fund to the general fund shall be made four times a year, and such transfers shall be made within fifty (50) days of the close of each quarter. The transfer of fourth quarter profits shall be estimated and made in the month of June. In the event actual net profits are less than the estimate transferred in June, the difference shall be deducted from the net profits of the next quarter and the resulting sum transferred to the general fund. Distributions to localities shall be made within fifty (50) days of the close of each quarter. Net profits are estimated at $21,600,000 the first year and $21,400,000 the second year.
b. Pursuant to # 4.1-116 B, Code of Virginia, the Department of Alcoholic Beverage Control shall notify the State Comptroller of the amount to be deducted quarterly from the net profits for transfer to the reserve fund established by the cited section.
B. If any transfer to the general fund required by this subsection § 3-1.01 is subsequently determined to be in violation of any federal statute or regulation, the State Comptroller is hereby directed to reverse such transfer and to return such funds to the affected nongeneral fund account.
C. In order to fund such projects for improvement of the Chesapeake Bay and its tributaries as provided in § 58.1-2146 (D), Code of Virginia, there is hereby transferred to the general fund of the state treasury the amounts listed below. The Department of Motor Vehicles shall be responsible for effecting the provisions of this paragraph. The amounts listed below shall be transferred on June 30 of each fiscal year.
| 154 | Department of Motor Vehicles | $5,857,836 | $5,993,268 |
D. The provisions of Chapter 6 of Title 58.1, Code of Virginia notwithstanding, the State Comptroller shall transfer to the general fund from the special fund titled "Collections of Local Sales Taxes" a proportionate share of the costs attributable to increased local sales and use tax compliance efforts and retention of local mapping services by the Department of Taxation estimated at $4,181,011 the first year and $4,181,011 the second year.
E. The State Comptroller shall transfer to the general fund from the Transportation Trust Fund a proportionate share of the costs attributable to increased sales and use tax compliance efforts by the Department of Taxation estimated at $1,892,439 the first year and $1,892,439 the second year.
F. The State Comptroller shall transfer on or before June 30, 1999, and June 30, 2000, respectively, to the general fund of the state treasury the following amounts from the agencies and fund sources listed below, for expenses incurred by central service agencies:
| Agency Code | Agency Name | Fund Group | FY l999 | FY 2000 |
| 140 | Department of Criminal Justice Services | 0900 | $29,490 | $29,490 |
| 146 | Science Museum of Virginia | 0200 | $23,829 | $23,829 |
| 154 | Department of Motor Vehicles | 0400 | $958,258 | $958,258 |
| 156 | Department of State Police | 0200 | $8,546 | $8,546 |
| 156 | Department of State Police | 0400 | $61,682 | $61,682 |
| 171 | State Corporation Commission | 0900 | $209 | $209 |
| 199 | Department of Conservation and Recreation | 0200 | $283 | $283 |
| 201 | Department of Education | 0400 | $2,111 | $2,111 |
| 220 | Melchers-Monroe Memorials | 0200 | $2,165 | $2,165 |
| 222 | Department of Professional and Occupational Regulation | 0200 | $704 | $704 |
| 232 | Department of Minority Business Enterprise | 0400 | $7,226 | $7,226 |
| 238 | Virginia Museum of Fine Arts | 0200 | $50,027 | $50,027 |
| 239 | Frontier Culture Museum of Virginia | 0200 | $7,533 | $7,533 |
| 402 | Marine Resources Commission | 0200 | $8,224 | $8,224 |
| 403 | Department of Game and Inland Fisheries | 0900 | $433,628 | $433,628 |
| 407 | Virginia Port Authority | 0200 | $12,681 | $12,681 |
| 407 | Virginia Port Authority | 0400 | $162,509 | $162,509 |
| 440 | Department of Environmental Quality | 0900 | $32,338 | $32,338 |
| 501 | Department of Transportation | 0400 | $3,506,482 | $3,506,482 |
| 505 | Department of Rail and Public Transportation | 0400 | $39,208 | $39,208 |
| 601 | Department of Health | 0900 | $8,795 | $8,795 |
| 841 | Department of Aviation | 0400 | $44,352 | $44,352 |
| TOTAL | $5,400,280 | $5,400,280 |
G. The Comptroller shall transfer to the general fund an amount estimated at $342,000,000 the first year and $342,000,000 the second year from the State Lottery Fund. The transfer for each year shall be made in two parts: (1) on or before June 30 of each year, the Comptroller shall transfer balances of the State Lottery Fund for the fiscal year, based on an estimate determined by the State Lottery Department, and (2) no later than ten days after receipt of the annual audit report required by § 58.1-4023, Code of Virginia, the Comptroller shall transfer to the general fund the remaining audited balances of the State Lottery Fund for the prior fiscal year. If such annual audit discloses that the actual revenue is less than the estimate on which the transfer was based, the State Comptroller shall transfer the difference between the actual revenue and the estimate from the general fund to the State Lottery Fund. The State Comptroller shall take all actions necessary to effect the transfers required by this paragraph, notwithstanding the provisions of § 58.1-4022, Code of Virginia.
H.1. The State Treasurer is authorized to charge up to 20 basis points for each nongeneral fund account which he manages and which receives investment income. The assessed fees, which are estimated to generate $3,000,000 the first year and $3,000,000 the second year, will be based on a sliding fee structure as determined by the State Treasurer. The amounts shall be paid into the general fund of the state treasury.
2. The State Treasurer is authorized to charge institutions of higher education participating in the pooled bond program of the Virginia College Building Authority an administrative fee of up to 10 basis points of the amount financed for each project in addition to a pro rata share of direct costs of issuance. Such amounts collected shall be paid into the general fund of the state treasury.
I. The State Comptroller shall transfer to the general fund of the state treasury fifty percent of the annual reimbursement received from the Manville Property Damage Settlement Trust for the cost of asbestos abatement at state owned facilities. The balance of the reimbursement shall be transferred to the state agencies that incurred the expense of the asbestos abatement.
J. The State Comptroller shall transfer to the general fund from the Revenue Stabilization Fund in the state treasury any amounts in excess of the limitation specified in § 2.1-191.2, Code of Virginia.
K. For each year of the biennium, the State Comptroller shall credit the general fund with the interest earned on the Property Insurance Trust Fund (Code 0740) and the Liability Trust Fund (Code 0743), notwithstanding any other provision of law.
L. Not later than thirty days after the close of each quarter during the biennium, the Comptroller shall transfer, based on the allotment specified in § 58.1-1410, Code of Virginia, funds collected pursuant to § 58.1-1402, Code of Virginia, from the general fund to the game protection fund. This transfer is estimated at $3,500,000 the first year and $5,000,000 the second year.
M. On or before June 30,1999, the State Comptroller shall transfer to the general fund an amount estimated at $71,185 from the Federal Retiree Tax Reserve created pursuant to Enactment No. 2, §§ 1 B. and 3 B of Chapter 5 of the Acts of Assembly of 1994, Special Session I. This amount represents settlement payments waived by certain taxpayers in connection with income tax refunds disputed by federal retirees.
N. The State Comptroller shall transfer prior to January 1, 1999, and January 1, 2000, respectively, to the general fund of the state treasury the following amounts from the agencies and fund sources listed below, for expenses incurred in processing payroll.
| Agency Name | Fund Group | FY 1999 | FY 2000 |
| Department of Minority Business Enterprise | 0410 | $695 | $695 |
| Milk Commission | 0900 | $868 | $868 |
| Department of Criminal Justice Services | 1000 | $24,707 | $24,707 |
| Department of Information Technology | 0600 | $31,222 | $31,222 |
| Department of Professional and Occupational Regulation | 0900 | $11,761 | $11,761 |
| Department for the Aging | 0900 | $910 | $910 |
| Department of Health Professions | 0900 | $11,930 | $11,930 |
| Department of Medical Assistance Services | 1000 | $12,565 | $12,565 |
| Governor's Employment and Training Department | 1000 | $2,622 | $2,622 |
| Department of Emergency Services | 1000 | $5,265 | $5,265 |
| Department of Fire Programs | 0218 | $4,400 | $4,400 |
| Total | $106,945 | $106,945 |
O. On or before June 30 each year of the biennium, the State Comptroller shall transfer an amount not to exceed $1,520,000 the first year and $1,520,000 the second year from the general fund to the general account to repay the treasury loan provided to the Department of Accounts to replace the payroll and personnel systems with an integrated human resource information system. In the event that the amount of the loan balance at the date of repayment is less than $1,520,000, the entire loan balance shall be paid off.
P. The State Comptroller shall withhold or recover from nongeneral fund agencies, and transfer to the general fund, amounts estimated at $997,200 the first year and $997,200 the second year, through surcharges or other measures consistent with generally accepted accounting principles. Such sums shall be derived based on each of the nongeneral fund agencies' pro rata use of the state centralized payroll processing system. These sums shall be used for repayment of advances from the general account for development of the Integrated Human Resource Information System.
Q. On or before June 30, each year, the State Comptroller shall transfer from the general fund, to the Virginia Children's Medical Security Insurance Plan Trust Fund the amount required by § 32.1-352, Code of Virginia. This transfer is estimated at $7,570,337 each year.
R. Prior to June 30, each year, the State Comptroller shall transfer $3,100,000 to the Transportation Trust Fund from the Department of Motor Vehicles Special Fund.