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2008 Session

Budget Bill - HB30 (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 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 2009

FY 2010

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)

$65,375,769 

$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

$76,335,000

$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 $34,600,000 the first year and $34,500,000 the second year. Distributions of net profits from the sale of alcoholic beverages to localities shall be limited to only towns and shall not exceed  $260,000 the first year and  $260,000 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 be limited to only towns and shall not exceed  $260,000 the first year and  $260,000 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 $6,479,325 the first year and $6,711,796 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 $3,050,540 the first year and  $3,166,766 the second year.


F. The State Comptroller shall transfer on or before June 30, 2009, and June 30, 2010 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 2009

FY 2010

111

Supreme Court of Virginia

0900

$22,946

$22,946

123

Department of Military Affairs

0200

$2,735

$2,735

123

Department of Military Affairs

0900

$7,901

$7,901

140

Department of Criminal Justice Services

0200

$24,670

$24,670

140

Department of Criminal Justice Services

0900

$82,736

$82,736

154

Department of Motor Vehicles

0400

$958,258

$958,258

165

Department Of Housing And Community Development

0900

$2,285

$2,285

171

State Corporation Commission

0900

$13,027

$13,027

174

Virginia College Savings Plan

0500

$201,232

$201,232

181

 Department of Labor And Industry

0200

$6,204

 

$6,204

199

Department of Conservation and Recreation

0200

$4,019

$4,019

199

Department of Conservation and Recreation

0900

$100,000

$100,000

201

Department of Education, Central Office Operations

0400

$2,331

$2,331

203

Woodrow Wilson Rehabilitation Center

0200

$102,816

$102,816

222

Department of Professional and Occupational Regulation

0200

$1,282

$1,282

226

Board of Accountancy

0900

$11,556

$11,556

232

Department of Minority Business Enterprise

0400

$32,923

$32,923

233

Board of Bar Examiners

0200

$5,206

$5,206

238

Virginia Museum of Fine Arts

0200

$3,195

$3,195

262

Department of Rehabilitative Services

0900

$18,625

$18,625

325

Department of Business Assistance

0200

$169

$169

325

Department of Business Assistance

0900

$40,408

$40,408

402

Marine Resources Commission

0200

$36,330

$36,330

402 

 Marine Resources Commission

0900 

$4,003

$4,003

403

Department of Game and Inland Fisheries

0900

$701,208

$701,208

407

Virginia Port Authority

0200

$83,423

$83,423

407 

 Virginia Port Authority

0400 

$71,749

$71,749

411

Department of Forestry

0200

$36,821

$36,821

411 

 Department of Forestry

0900 

$760

$760

417

Gunston Hall

0200

$3,999

$3,999

423 

Department of Historic Resources

0400

$1,080

$1,080

501

Department of Transportation

0400

$3,460,676

$3,460,676

505 

Department of Rail and Public Transportation

0400

$183,898

$183,898

506

Motor Vehicle Dealer Board

0200

$17,375

$17,375

 601

Department of Health

0900

$144,429

$144,429

799

Department of Corrections

0200

$160,419

$160,419

 751

Department for the Deaf and Hard of Hearing

0200

$1,688

$1,688

841

Department of Aviation

0400

$96,672

$96,672

851 

Virginia Tobacco Indemnification and Community Revitalization Commission

0900 

$199,062

$199,062

852

Virginia Tobacco Settlement Foundation

0900

$25,559

$25,559

912 

Department of Veterans Services

0200

$72,194

$72,194

960

Department of Fire Programs

0200

$91,057

$91,057

 

Total

 

$7,036,926

$7,036,926


G. The Comptroller shall transfer to the Lottery Proceeds Fund an amount estimated at $450,000,000 the first year and $450,000,000 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 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 $4,900,000 the first year and $4,900,000 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 $150,000 the first year and $150,000 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 $7,100,000 the first year and $7,100,000 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, 2009, and January 1, 2010, 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

FY2009

FY2010

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 $10,560,500 the first year and $10,560,500 the second year.


P.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 $238,874 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 $46,970 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


Q. On or before June 30, 2009, the State Comptroller shall transfer to the general fund $3,611,720 from the Court Debt Collection Program Fund at the Department of Taxation. On or before June 30, 2010, the State Comptroller shall transfer to the general fund $3,611,720 from the Court Debt Collection Program Fund at the Department of Taxation.


R. 1. The Department of Motor Vehicles shall retain $6,400,000 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.


S. The State Comptroller shall transfer on or before June 30, 2009, an amount estimated at $5,500,000 and on or before June 30, 2010, 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.


T. 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, 2009, and $861,440 on or before June 30, 2010, 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.


U. 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, 2009, and $18,000 on or before June 30, 2010, 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.


V. 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 $12,000,000, shall be deposited into the general fund no later than June 30, 2009.


W. On or before June 30, 2009 and June 30, 2010, 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.


X. The State Comptroller shall transfer on or before June 30, 2009, $890,000 and on or before June 30, 2010, $890,000 to the general fund from the $2.00 increase in the vital records fee contained in the Department of Health's Vital Records and Health Statistics Program (40400).