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1998 Session

Budget Bill - HB30 (Chapter 464)

Item 3-1.01

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 $21,177,000 the first year and $20,977,000 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 $347,000,000 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. 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.


L. 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.


M. 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

N. 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.


O. 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.


P. 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.


Q. 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.


R. On or before June 30, 2000, the State Comptroller shall transfer to the general fund of the state treasury an amount estimated at $500,000 from the balance of funds in the Business Modernization Loan Program.


S. No later than June 30, 1999, the State Comptroller shall transfer to the general fund an amount estimated at $616,233 from special fund balances in the Division of Debt Collection in the Office of the Attorney General and Department of Law.


T. The Department of Corrections shall transfer monthly to the general fund, the net revenues of the Contract Prisoners Special Revenue Fund as provided in § 4-2.01 of the act. This transfer is estimated at $2,706,883 the first year and $21,383,807 the second year.


U. The Comptroller shall transfer an amount estimated at $11,568,000 from the Constitutional Officers' Liability Reserves of the Department of General Services to the general fund of the state treasury no later than June 30, 1999.


V. The Comptroller shall transfer an amount estimated at $63,163 from the Medical Malpractice Liability Reserves of the Department of General Services to the general fund of the state treasury no later than June 30, 1999.


W. The Comptroller shall transfer an amount estimated at $2,000,000 to the general fund no later than June 30, 2000, from revenue collections in excess of appropriations for the Department of Mental Health, Mental Retardation and Substance Abuse Services.


X. The Comptroller shall transfer to the general fund an amount estimated at $757,774 on June 30, 1999, and $767,758 on June 30, 2000, representing the nongeneral fund savings resulting from a DIT rate decrease for telecommunications and computer services effective January, 1998. The Director of the Department of Planning and Budget shall provide the Comptroller with the amount to be transferred from each agency.


Y. No later than June 30, 2000, the State Comptroller shall transfer an amount estimated at $3,147,274 representing excess retained earnings from the telecommunications services and computer services funds of the Department of Information Technology. This transfer shall exclude funds from the federal trust fund, institutions of higher education, and the Virginia Retirement System.


Z. Notwithstanding the provisions of § 58.1-4020, Code of Virginia, and in compliance with the provisions of Section 8 of Article VIII of the Constitution of Virginia authorizing the General Assembly to set aside Literary Fund moneys for school purposes so long as the principal of the Fund totals as much as $80,000,000, an amount equal to the total value of the prizes forfeited during the fiscal year and deposited to the Literary Fund, estimated at $9,200,000 each year, shall be transferred at least quarterly to the general fund, to be used solely and exclusively to support a program of financial assistance for public school facilities.