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2007 Session

Budget Bill - HB1650 (Chapter 847)

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 Enterprise 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 the quarter. The payment for the fourth quarter of each fiscal year shall be made in the month of June.


 

FY 2007

FY 2008

1. Alcoholic Beverage Control Enterprise Fund (§ 4.1-116, Code of Virginia)

 

 

a) For expenses incurred for care, treatment, study and rehabilitation of alcoholics by the Department of Mental Health, Mental Retardation and Substance Abuse Services and other state agencies (from Alcoholic Beverage Control gross profits)

$64,053,769

 

$65,375,769

b) For expenses incurred by the Virginia Wine Board (from Alcoholic Beverage Control gross profits)

$580,679

$580,679

c) For expenses incurred for care, treatment, study and rehabilitation of alcoholics by the Department of Mental Health, Mental Retardation and Substance Abuse Services and other state agencies (from gross wine liter tax collections as specified in § 4.1-234, Code of Virginia)

$9,886,363

$9,886,363

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

$60,000

$60,000

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

$75,013,000

$76,335,000


2.a. Transfers of net profits from the Alcoholic Beverage Control Enterprise 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 $27,300,000 the first year and $29,100,000 the second year. Distributions of net profits from the sale of alcoholic beverages to localities shall not exceed $4,150,000 the first year and $4,150,000 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.


c. Distributions of wine liter tax collections to localities pursuant to § 4.1-235, Code of Virginia, shall not exceed $4,350,000 the first year and $4,350,000 the second year.


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. There is hereby appropriated from the applicable funds such amounts as are required to be refunded to the federal government for mutually agreeable resolution of internal service fund over-recoveries as identified by the U. S. Department of Health and Human Services' review of the annual Statewide Indirect Cost Allocation Plans.


C. In order to fund such projects for improvement of the Chesapeake Bay and its tributaries as provided in § 58.1-2289 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

$7,416,469

$7,416,469


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 $6,227,393 $6,300,008 the first year and $6,227,393 $6,397,275 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 $2,942,651 $2,966,522 the first year and  $2,942,651 $3,021,374 the second year.


F. The State Comptroller shall transfer on or before June 30, 2007, and June 30, 2008, 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 Fund Detail

FY 2007

FY 2008

912

Department of Veterans Services

0200

$55,586

$72,194

411

Department of Forestry

0200

$41,217

$57,225

 

 

 

 

$43,657

411

Department of Forestry

0900

$214

$214

 

 

 

 

$154

226

Board of Accountancy

0900

$6,785

$6,785

 

 

 

 

$8,936

325

Department of Business Assistance

0200

$800

$800

 

 

 

 

$3,971

325

Department of Business Assistance

0900

$10,746

$10,746

 

 

 

 

$7,191

165

Department Of Housing And Community Development

0900

$306

$306

 

 

 

 

$174

181

Department of Labor and Industry

0200

$9,877

$9,877

 

 

 

 

$10,244

232

Department of Minority Business Enterprise

0200

$1,382

$1,382

232

Department of Minority Business Enterprise

0400

$0

$30,587

222

Department of Professional and Occupational Regulation

0200

$3,702

$3,702

222

Department of Professional and Occupational Regulation

0900

$52,659

$52,659

 

 

 

 

$53,930

720

Department of Mental Health, Mental Retardation and Substance Abuse Services

0200

$0

$31,432

851

Virginia Tobacco Indemnification and Community Revitalization Commission

0900

$147,085

$147,085

 

 

 

 

$202,919

239

Frontier Culture Museum Of Virginia

0200

$6,962

$6,962

 

 

 

 

$0

417

Gunston Hall

0200

$1,693

$1,693

 

 

 

 

$0

425

Jamestown-Yorktown Foundation

0200

$11,057

$11,057

146

The Science Museum Of Virginia

0200

$46,081

$92,163

 

 

 

 

$0

238

Virginia Museum of Fine Arts

0200

$23,021

$23,021

 

 

 

 

$15,562

218

Virginia School For The Deaf And The Blind At Staunton

0200

$156

$156

219

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

0200

$2,231

$2,231

 

 

 

 

$490

751

Department for the Deaf and Hard-of-Hearing

0200

$5,843

$5,843

 

 

 

 

$16,431

601

Department of Health

0900

$67,430

$67,430

 

 

 

 

$78,436

223

Department of Health Professions

0900

$21,001

$21,001

262

Department of Rehabilitative Services

0200

$45,160

$45,160

 

 

 

 

35,873

262

Department of Rehabilitative Services

0900

$26,917

$26,917

 

 

 

 

$32,483

852

Virginia Tobacco Settlement Foundation

0900

$33,613

$33,613

 

 

 

 

$27,325

203

Woodrow Wilson Rehabilitation Center

0200

$104,106

$104,106

 

 

 

 

$101,815

199

Department Of Conservation And Recreation

0200

$89,184

$89,184

 

 

 

 

$62,503

199

Department Of Conservation And Recreation

0900

$13,199

$13,199

 

 

 

 

$98,483

403

Department of Game and Inland Fisheries

0900

$640,835

$640,835

 

 

 

 

$712,578

402

Marine Resources Commission

0200

$13,283

$13,283

 

 

 

 

$22,110

402

Marine Resources Commission

0090

$817

$817

 

 

 

 

$1,485

423

Department of Historic Resources

0400

$0

$1,805

942

Virginia Museum of Natural History

0200

$1,745

$1,745

957

Commonwealth's Attorneys' Services Council

0200

$319

$319

140

Department of Criminal Justice Services

0200

$32,729

$32,729

 

 

 

 

$54,343

140

Department of Criminal Justice Services

0900

$53,399

$53,399

127

Department of Emergency Management

0400

$2,079

$2,079

 

 

 

 

$0

960

Department of Fire Programs

0200

$70,966

$70,966

 

 

 

 

$63,239

123

Department Of Military Affairs

0200

$1,883

$1,883

 

 

 

 

$1,483

123

Department Of Military Affairs

0900

$14,083

$14,083

 

 

 

 

$3,104

711

Virginia Correctional Enterprises

0200

$21,630

$21,630

799

Department of Corrections

0200

$21,630 

$137,397

136

Virginia Information Technologies Agency

0900

$53,399

$53,399

 

 

 

 

$51,067

841

Department of Aviation

0400

$59,290

$59,290

 

 

 

 

$77,536

154

Department of Motor Vehicles

0400

$1,373,784

$958,258

505

Department of Rail and Public Transportation

0477

$193,435

$193,435

 

 

 

 

$183,898

501

Department of Transportation

0410

$3,460,676

$3,460,676

506

Motor Vehicle Dealer Board

0200

$13,407

$13,407

 

 

 

 

$13,782

407

Virginia Port Authority

0200

$44,777

$44,777

 

 

 

 

$70,239

407

Virginia Port Authority

0474

$56,893

$56,893

 

 

 

 

$50,733

171

State Corporation Commission

0900

$16,108

$16,108

 

 

 

 

$16,904

174

Virginia College Savings Plan

0500

$146,176

$146,176

 

 

 

 

$10,108

175

Virginia Office for Protection and Advocacy

0200

$1,280

$1,280

 

 

 

 

 

 

Total

 

$7,101,006

$6,764,178

 

 

 

 

$6,919,576


G. The Comptroller shall transfer to the Lottery Proceeds Fund an amount estimated at $426,100,000 $406,331,308 the first year and $426,100,000 $405,400,000 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 10 days after receipt of the annual audit report required by § 58.1-4023, Code of Virginia, the Comptroller shall transfer to the Lottery Proceeds 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 Lottery Proceeds 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. The amount so transferred to the Lottery Proceeds Fund shall be accounted for and considered to be part of the general fund of the state treasury pursuant to § 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 $3,500,000 the first year and $3,500,000 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 share of direct costs of issuance as determined by the State Treasurer. Such amounts collected, which are estimated to generate $100,000 the first year and $100,000 the second year, shall be paid into the general fund of the state treasury.


3. The State Treasurer is authorized to charge agencies, institutions and all other entities that utilize alternative financing structures and require Treasury Board approval, including capital lease arrangements, up to 10 basis points of the amount financed in addition to a share of direct costs of issuance as determined by the State Treasurer. 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 50 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 § 2.2-1829, Code of Virginia.


K.1. Not later than 30 days after the close of each quarter during the biennium, the Comptroller shall transfer, notwithstanding 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 shall not exceed $5,907,378 $6,307,378 the first year and $6,007,378 $8,400,000 the second year.


2. Notwithstanding the provisions of subparagraph K.1. above, the Governor may, at his discretion, direct the Comptroller to transfer to the Game Protection Fund, any funds collected pursuant to § 58.1-1402, Code of Virginia, that are in excess of the official revenue forecast for such collections.


L. The State Comptroller shall transfer prior to January 1, 2007, and January 1, 2008, 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 2007

FY 2008

Department of Minority Business Enterprise

0410

$695

$695

Department of Criminal Justice Services

1000

$24,707

$24,707

Virginia Information Technologies Agency

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 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

 

$105,652

$105,652


M.1. On or before June 30 each year, the State Comptroller shall transfer from the general fund to the Family Access to Medical Insurance Security Plan Trust Fund the amount required by § 32.1-352, Code of Virginia. This transfer shall not exceed $14,065,627 the first year and $14,065,627 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.


2. Notwithstanding any other provision of law, interest earnings shall not be allocated to the Family Access to Medical Insurance Security Plan Trust Fund (agency code 602, fund detail 0903) in either the first year or the second year of the biennium.


N. The Comptroller shall transfer to the general fund on June 30 each year, the amount in excess of $850,000 in the Regulatory and Consumer Advocacy Revolving Trust Fund of the Office of the Attorney General (Fund 0239) in accordance with Item 51 of this act.


O. 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. Notwithstanding § 58.1-638 E, this transfer shall not exceed $10,635,320 the first year and $10,635,320 the second year.


P.1. Notwithstanding any contrary provision of law, on or before June 30, 2007, the State Comptroller shall transfer amounts estimated at $5,206,380 to the general fund of the state treasury from the state agencies indicated.


Agency

Agency

Fund Group

First

Second

Code

Name

Fund Detail

Year

Year

129

Department of Human Resource Management

0200

$30,607

$0

129

Department of Human Resource Management

0700

$17,401

$0

157

Compensation Board

0708

$57,848

$0

912

Department of Veterans' Services

0200

$4,392

$0

912

Department of Veterans' Services

0200

$1,162

$0

181

Department of Labor and Industry

0200

$2,669

$0

182

Virginia Employment Commission

0200

$54,922

$0

222

Department of Professional and Occupational Regulation

0900

$27,075

$0

226

Board of Accountancy

0900

$3,296

$0

325

Department of Business Assistance

0900

$561

$0

411

Department of Forestry

0200

$22,597

$0

201

Department of Education, Central Office Operations

0200

$37,500

$0

202

The Library of Virginia

0200

$39,162

$0

262

Department of Rehabilitative Services

0200

$124,542

$0

601

Department of Health

0200

$15,625

$0

601

Department of Health

0900

$6,187

$0

702

Department for the Blind And Vision Impaired

0200

$9,393

$0

765

Department of Social Services

0200

$10,254

$0

199

Department of Conservation And Recreation

0200

$15,325

$0

440

Department of Environmental Quality

0900

34,162

$0

127

Department of Emergency Management

0400

$19,059

$0

127

Department of Emergency Management

0700

$7,375

$0

140

Department of Criminal Justice Services

0200

$63,125

$0

140

Department of Criminal Justice Services

0900

$52,845

$0

156

Department of State Police

0200

$257,037

$0

156

Department of State Police

0400

$76,072

$0

960

Department of Fire Programs

0200

$351,275

$0

136

Virginia Information Technologies Agency

0900

$951,000

$0

154

Department of Motor Vehicles

0400

$1,441,219

$0

154

Department of Motor Vehicles

0700

$202,312

$0

407

Virginia Port Authority

0200

$71,437

$0

506

Motor Vehicle Dealer Board

0200

$42,726

$0

841

Department of Aviation

0461

$7,685

$0

Total

 

 

$4,057,847

$0


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 transfers to amounts in excess of the sums cited above. The Department of Planning and Budget shall notify the State Comptroller of such adjustments.


Q.1. On or before June 30 each year, the State Comptroller shall transfer from the Tobacco Indemnification and Community Revitalization Fund to the general fund an amount estimated at $223,506 the first year and $238,874 the second year. This amount represents the Tobacco Indemnification and Community Revitalization Commission's 50 percent proportional share of the Office of the Attorney General's expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia.


2. On or before June 30 each year, the State Comptroller shall transfer from the Tobacco Settlement Fund to the general fund an amount estimated at $44,701 the first year and $46,970 the second year. This amount represents the Tobacco Settlement Foundation's ten percent proportional share of the Office of the Attorney General's expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia


R. On or before June 30, 2007, the State Comptroller shall transfer to the general fund $1,951,720 $3,991,720 from the Court Debt Collection Program Fund at the Department of Taxation. On or before June 30, 2008, the State Comptroller shall transfer to the general fund $1,951,720 $3,611,720 from the Court Debt Collection Program Fund at the Department of Taxation.


S. 1. The Department of Motor Vehicles shall retain $3,200,000 in the first year and $6,400,000 in the second year from the Department of Motor Vehicles' Uninsured Motorists Fund to effect its information technology initiatives and implementation of the federal Real ID Act.  These amounts shall be from the share that would otherwise have been transferred to the State Corporation Commission pursuant to § 46.2-710, Code of Virginia.


2.  On or before June 30, 2007 the Comptroller shall transfer $3,200,000 from the Department of Motor Vehicles' Uninsured Motorists Fund to the general fund.  These amounts shall be from the share that would otherwise have been transferred to the State Corporation Commission.


T. The State Comptroller shall transfer on or before June 30, 2007, an amount estimated at $5,500,000 and on or before June 30, 2008, an amount estimated at $5,500,000 to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.


U. On or before June 30, 2007, the State Comptroller shall transfer $1,322,000 to the general fund from the Alcoholic Beverage Control Fund, representing ongoing budget reduction, to be obtained through efficiencies at the Department of Alcoholic Beverage Control.


V. The State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $861,440 on or before June 30, 2007, and $861,440 on or before June 30, 2008, resulting from savings pursuant to a Virginia Information Technologies Agency rate decrease for telecommunications services effective November, 2003. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency and institution of higher education.


W. The State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $3,466,000 on or before June 30, 2007 and $3,466,000 $3,356,000 on or before June 30, 2008, representing the nongeneral fund share of savings resulting from operational efficiencies of the Virginia Information Technologies Agency. The Director, Department of Planning and Budget, shall provide the State Comptroller with the amount to be transferred from each agency and institution of higher education.


X. The State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $18,000 on or before June 30, 2007, and $18,000 on or before June 30, 2008, resulting from savings pursuant to a contract negotiated by the Virginia Information Technologies Agency for data-telecommunication lines effective July, 2003. The Director of the Department of Planning and Budget shall provide the Comptroller with the amount to be transferred from each agency.


Y. On or before June 30, 2007, the State Comptroller shall transfer $445,000 to the general fund from the $2.00 increase in the vital records fee contained in Item 288 of this act.


Z. The following sums, or such portions thereof 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

165

Department of Housing and Community Development

$2,076,000

180

Secretary of Commerce and Trade

$7,289,250

765

Department of Social Services

$14,943,953


AA. Notwithstanding the provisions of § 18.2-340.31C, Code of Virginia or any other provisions of law, on or before June 30, 2007, the State Comptroller shall transfer to the general fund an amount estimated at $587,000 from the general account of the former Charitable Gaming Commission representing all assets of the commission held in the local government investment pool by the State Treasurer.


BB. The Department of Alcoholic Beverage Control shall sell the building in which the Alexandria Regional office is currently located.  Notwithstanding the provisions of § 2.2-1156, Code of Virginia, all the proceeds from the sale of such property, estimated to be $15,000,000, shall be deposited into the general fund no later than June 30, 20072008.


CC.  On or before June 30, 2007, the State Comptroller shall transfer $3,500,000 in Special Funds from the Corrections Special Reserve Fund, pursuant to Section 30-19.1:4 of the Code of Virginia, to the capital project in Item C-281 of this Act (Project 17260).


DD. On or before June 30, 2007 and June 30, 2008, the State Comptroller shall transfer $400,000 from the general fund to the Transportation Trust Fund to reflect sales tax revenues not collected as a result of the provisions of Chapter 503, Acts of Assembly of 2006.


EE. There is hereby acknowledged, that the following authorized deficit in the Virginia Department of Health of $9,634,014 was transferred from the balance of the general fund per § 4-3.01 c. of this Act during the first year of the biennium.


FF. On or before June 30, 2007, the State Comptroller shall transfer $918,164 from the Office of the Attorney General's 0280-Special Indirect Cost fund to the general fund.  The amount represents the cost to the general fund for supporting federal grants.