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2005 Session

Budget Amendments - SB700 (Member Request)

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Chief Patron: Norment
Regulatory and Consumer Advocacy Revolving Trust Fund

Item 51 #1s

Item 51 #1s

First Year - FY2005 Second Year - FY2006
Executive Offices
Attorney General and Law, Department Of FY2005 $500,000 FY2006 $500,000 NGF

Language
Page 32, line 40, strike "$1,938,429" and insert "$2,438,429".
Page 32, line 40, strike "$1,938,429" and insert "$2,438,429".
Page 32, strike lines 45-77.
Page 33, strike lines 1-11, and insert:
"A. Included in this Item is $1,250,000 the first year and $1,250,000 the second year in special funds for the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund as established in Item 48 of Chapter 966 of the Acts of Assembly 1994 and amended herein.  The Department of Law is authorized to deposit to the Fund any fees, civil penalties, costs, recoveries, or other moneys which from time to time may become available as a result of regulatory and consumer advocacy litigation, litigation in which the Office of the Attorney General participates, or civil enforcement efforts including, but not limited to, those brought pursuant to Article 5 (Section 3.1-336.1 et seq.) and Article 6 (Section 3.1-336.3 et seq.) of Chapter 18 of Title 3.1 of the Code of Virginia.  The Department of Law is also authorized to deposit to the Fund any attorneys' fees which from time to time may be obtained.  Any deposit to, and interest earnings on, the Fund shall be retained in the Fund, provided, however, that any amounts contained in the Fund which exceed $1,250,000 on the final day of the fiscal year shall be deposited to the credit of the general fund.  In addition to the uses of the Fund permitted by Item 48 of Chapter 966 of the Acts of Assembly of 1994, the Fund may be used to pay costs associated with enforcement efforts pursuant to Article 5 (Section 3.1-336.1 et seq.) and Article 6 (Section 3.1-336.3 et seq.) of Chapter 18 of Title 3.1 of the Code of Virginia, costs associated with litigation initiated by the Office of the Attorney General, and costs associated with civil commitment procedures pursuant to Article 1.1 (Section 37.1-70.1 et seq.) of Chapter 2 of Title 37.1 of the Code of Virginia."


Explanation
(This amendment increases the balance of special funds remaining in what is now the Regulatory and Consumer Advocacy Revolving Trust Fund by $500,000 each year. The language also authorizes the Office of the Attorney General to pay costs associated with enforcement efforts related to civil commitment of sexually violent predators, to represent the interests of electricity consumers in Regional Transmission Entity stakeholder processes, and to enforce the Tobacco Escrow statute, which is necessary to maintain the revenue stream to the Commonwealth from the Master Settlement Agreement. A companion amendment to Part 4 provides for the transfer of these funds to the Office of the Attorney General.)