Menu
2002 Session

Budget Bill - HB29 (Introduced)

View Item amendments

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)

FY 2001

FY 2002

a) For expenses incurred for care, treatment, study and rehabilitation of alcoholics by the Department of Mental Health, Mental Retardation and Substance Abuse Services

$11,587,535

$11,587,535

$14,449,803

b) For expenses incurred by the Virginia Winegrowers Advisory Board

$490,679

$490,679

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

$134,090

$134,090

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

$12,644,493

$12,644,493

$15,506,761


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 $24,908,000 the first year and $24,908,000 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.1. 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.


2. At such time as a final resolution is made of the issues identified in Item 278, paragraph D, of Chapter 935, Acts of Assembly of 1999, there is hereby appropriated from the applicable funds such amounts as are required to be refunded to the federal government based on such determination.


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

$6,483,966

$6,416,469


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 $5,110,685 the first year and $5,110,685 $5,407,413 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 $2,278,442 the first year and $2,278,442 $2,426,629 the second year.


F. The State Comptroller shall transfer on or before June 30, 2001, and June 30, 2002, 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 2001

FY 2002

123

Department of Military Affairs

0900

$270

$270

$562

128

Veterans Care Center Board of Trustees

0200

$6,888

$6,888

140

Department of Criminal Justice Services

0900

$58,247

$58,247

$42,152

143

Divsion Division of Debt Collection

0200

$27,273

$27,273

$0

146

The Science Museum of Virginia

0200

$29,931

$29,931

$19,187

154

Department of Motor Vehicles

0400

$958,258

$958,258

156

Department of State Police

0200

$12,196

$12,196

$7,756

165

Department of Housing and Community Development

0900

$0

$3,113

171

State Corporation Commission

0900

$2,289

$2,289

$0

174

Board of the Virginia Higher Education Tuition Trust FundCollege Savings Plan

0200

$18,947

$18,947

$35,660

199

Department of Conservation and Recreation

0900

$44,307

$44,307

$117,185

199

Department of Conservation and Recreation

0200

$2,643

$2,643

$7,914

201

Department of Education

0400

$2,424

$2,424

$3,396

203

Woodrow Wilson Rehabilitation Center

0200

$108,775

$108,775

$157,617

218

Virginia School for the Deaf and the Blind at Staunton

0900

$487

$487

$0

218

Virginia School for the Deaf and the Blind at Staunton

0200

$6,121

$6,121

$4,271

219

Virginia School for the Deaf, and the Blind and Multi-Disabled at Hampton

0900

$453

$453

$0

220

Melchers-Monroe Memorials

0200

$3,423

$3,423

$3,894

222

Department of Professional and Occupational Regulations

0200

$0

$1,482

232

Department of Minority Business Enterprise

0400

$5,976

$5,976

$18,380

238

Virginia Museum of Fine Arts

0200

$37,540

$37,540

$62,062

239

Frontier Culture Museum of Virginia

0200

$4,286

$4,286

$5,520

268

Virginia Institute of Marine Science

0200

$154

$154

$0

325

Department of Business Assistance

0900

$514

$514

$2,160

325

Department of Business Assistance

0200

$209

$209

$1,398

402

Marine Resources Commission

0200

$25,935

$25,935

$15,569

403

Department of Game and Inland Fisheries

0900

$434,494

$434,494

$558,771

407

Virginia Port Authority

0400

$63,281

$63,281

$49,682

407

Virginia Port Authority

0200

$21,628

$21,628

$30,435

417

Gunston Hall

0200

$5,196

$5,196

$7,614

423

Department of Historic Resources

0900

$2,738

$2,738

$101

440

Department of Environmental Quality

0900

$73,853

$73,853

$78,632

501

Department of Transportation

0400

$4,433,779

$4,433,779

505

Department of Rail and Public Transportation

0400

$132,000

$179,000

$212,106

506

Motor Vehicle Dealer Board

0200

$0

$76,180

601

Department of Health

0900

$80,608

$80,608

$41,902

602

Department of Medical Assistance Services

0900

$0

$11,517

711

Virginia Correctional Enterprises

0200

$133,866

$133,866

$120,954

790

Department of Mental Health, Mental Retardation and Substance Abuse Services

0200

$0

$26,618

841

Department of Aviation

0400

$49,600

$49,600

$66,070

960

Department of Fire Programs

0200

$0

$13,050

TOTAL

$6,788,589

$6,835,589

$7,201,835


G. The Comptroller shall transfer to the general fund an amount estimated at $310,300,000 the first year and $310,300,000 $323,000,000 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. It is hereby acknowledged that $439,460 was transferred to the State Lottery Fund from the general fund in the first year representing the amount due to the State Lottery Fund from the general fund based on the annual audit of the State Lottery fund for fiscal year 2001.


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 $3,900,000 the first year and $4,200,000 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, which are estimated to generate $45,166 the first year and $45,166 the second year, 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 § 2.2-1829, 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 $4,719,821 the first year and $5,031,329 $4,970,325 the second year.


L. The State Comptroller shall transfer prior to January 1, 2001, and January 1, 2002, 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 2001

FY 2002

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

1000

$910

$910

Department of Health Professions

0900

$11,930

$11,930

Department of Medical Assistance Services

1000

$12,565

$12,565

Department of Emergency Services Management

1000

$5,265

$5,265

Department of Fire Programs

0218

$4,400

$4,400

Department of Rail and Public Transportation

0410

$2,197

$2,197

TOTAL

$106,520

$106,520


M. 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.


N. 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.


O. On or before June 30 each year, the State Comptroller shall transfer from the general fund to the Virginia Children's Medical Security Insurance Family Access to Medical Insurance Security Plan Trust Fund the amount required by § 32.1-352, Code of Virginia. This transfer is estimated at $8,524,049 the first year and $8,779,770 $11,983,568 the second year. The State Comptroller shall transfer 90 percent of the yearly estimated amounts to the Trust Fund on July 15 of each year.


P. On or before June 30 of each year, the State Comptroller shall transfer to the general fund from the Contract Prisoners Special Revenue Fund, as established in Item 452 of this act, amounts estimated at $3,200,000 the first year and $2,168,000 $5,868,000 the second year.


Q. 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 $9,000,000 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.


R. The Comptroller shall transfer from the Department of Housing and Community Development to the general fund on or before June 30 each year, an amount estimated at $50,000 from dedicated special revenues derived from repayments to the Business Modernization Loan Program.


S. The Comptroller shall transfer to the general fund on June 30 each year, the amount in excess of $750,000 in the Regulatory and Consumer Advocacy Revolving Trust Fund of the Office of the Attorney General (Fund 0239) in accordance with Item 49 of this act. For the second year, this transfer is estimated at $284,471.


T. Not later than thirty days after the close of each quarter during the biennium, the Comptroller shall transfer to the Game Protection Fund the general fund revenues collected pursuant to § 58.1-638 E, Code of Virginia. This transfer is estimated at $9,199,979 the first year and $12,266,639 the second year.


U. The State Comptroller shall transfer from the Technology Partnership Fund to the general fund $200,000 prior to June 30, 2001, as repayment for the general fund amount appropriated by Item 293.10, paragraph 3 of Chapter 935, Acts of Assembly of 1999.


V. On or before June 30 each year, the State Comptroller shall transfer to the general fund an amount estimated at $34,923 the first year and $34,923 the second year, which represents the nongeneral fund savings from the suspension of automobile liability payments for the biennium. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency.


W. On or before June 30 each year, the State Comptroller shall transfer to the general fund an amount estimated at $15,678 the first year and $15,678 the second year, which represents the nongeneral fund savings from the suspension of performance indemnity bond premiums for the biennium. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency.


X. On or before June 30, 2001, and June 30, 2002, respectively the State Comptroller shall make annual installments of $5,000,000 for the repayment of the $10,000,000 deficit authorization loan to the Department of Technology Planning. The estimated general fund The State Comptroller shall recover $163,335 the second year for the nongeneral fund share of these repayments is $967,200 each year, and the balance of each repayment shall come from nongeneral funds as specified in the report of the Department of Planning and Budget, as required by § 3-1.01 QQ of House Bill 29 (2000) Chapter 1072, 2000 Acts of Assembly. It is acknowledged that an additional transfer of $3,372,651 attributable to FY 2001 was made pursuant to this paragraph.


Y. On or before June 30, 2001, the State Comptroller shall transfer the following amounts from the general fund of the state treasury to the funds shown below for the following institutions of higher education, to restore funds inadvertently reverted to the general fund on June 30, 2000:


Fund

Agency

Amount

0300

Christopher Newport University

$ 21,493

0300

Longwood College

10,580

0300

Virginia Military Institute

686,267

0200

Southwest Virginia Higher Education Center

80,988

Total

$799,328


Z. In accordance with the productivity savings plan submitted by the Department of Corrections pursuant to Item 541 of this act, the State Comptroller shall transfer to the general fund from the special fund balance in Virginia Correctional Enterprises an amount estimated at $955,000 on or before June 30, 2002.


AA. Prior to June 30, 2002, the State Comptroller shall transfer $138,771 to the general fund from the Tobacco Indemnification and Community Revitalization Fund. This amount represents the Tobacco Indemnification and Community Revitalization Commission's fifty percent proportional share of the Office of the Attorney General's and Department of Taxation' expenses related to the enforcement of the non-participating manufacturer statute of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia.


BB. Prior to June 30, 2002, the State Comptroller shall transfer $27,754 to the general fund from the Virginia Tobacco Settlement Fund. This amount represents the Virginia Tobacco Settlement Foundation's ten percent proportional share of the Office of the Attorney General's and Department of Taxation' Office of the Attorney General's and Department of Taxation' expenses related to the enforcement of the non-participating manufacturer statute of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia.


CC.1. On or before June 30, 2002, the State Comptroller shall transfer an amount estimated at $4,919,837 to the general fund of the state treasury from the state agencies indicated:


Agency Code

Agency Title

Fund/Fund Detail Code

Amount

128

Virginia Veterans Care Center Board of Trustees

0200

$3,725

135

Virginia Information Providers Authority

0910

$60,865

143

Division of Debt Collection

0200

$19,069

154

Motor Vehicles

0454

$606,293

173

Charitable Gaming Commission

0200

$48,108

182

Virginia Employment Commission

0200

$13,060

191

Virginia Workers' Compensation Commission

0900

$207,038

222

Department of Professional & Occupational Regulation

0259

$3,000

222

Department of Professional & Occupational Regulation

0900

$198,316

222

Department of Professional & Occupational Regulation

0200

$2,836

223

Department of Health Professions

0204

$1,300

223

Department of Health Professions

0900

$296,825

226

Board of Accountancy

0900

$11,720

305

Milk Commission

0900

$14,804

403

Department of Game & Inland Fisheries

0900

$601,287

403

Department of Game & Inland Fisheries

0902

$46,392

403

Department of Game & Inland Fisheries

0904

$6,904

405

Virginia Racing Commission

0228

$30,897

407

Virginia Port Authority

0474

$200,000

407

Virginia Port Authority

0200

$200,000

501

Department of Transportation

0410

$2,166,400

505

Rail & Public Transportation

0410

$57,139

836

Advisory Commission for Governor's Mansion

0200

$156

841

Department of Aviation

0461

$14,453

852

Virginia Tobacco Settlement Foundation

0943

$109,250

Total

$4,919,837


2. Prior to such transfer, the Department of Planning and Budget is authorized to adjust the above-cited amounts between agencies and between fund/fund detail amounts, so as to increase or decrease the amounts for an agency or for a designated fund/fund detail code, provided however, that such adjustments shall not increase the total transfer to an amount in excess of $4,919,837. The Department of Planning and Budget shall notify the State Comptroller of such adjustments.


DD. On or before June 30, 2002, the State Comptroller shall transfer from the Special Revenue fund, entitled the Medicaid Intergovernmental Transfers Fund, the balance estimated at $259,000,000 to the general fund of the state treasury. The above transfer represents the estimated federal share of enhanced Medicaid payments made by the Department of Medical Assistance Services to qualified local government nursing facilities in accordance with the approved State Medicaid Plan.


EE. The following sums, or such portions as may be required, shall be transferred from the balance of the general fund for repayment of the listed authorized deficits:


Agency Code

Agency Title

Amount

151

Department of Accounts

$1,350,000

411

Department of Forestry

$2,000,000

Total

$3,350,000


FF. The State Comptroller shall transfer to the general fund on June 30, 2002, any remaining balances in the Virginia Export Fund at the Department of Business Assistance, estimated at $815,000. No interest earnings shall be credited to the fund for the fourth quarter of FY 2002.