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2014 Special Session I

Budget Bill - HB5010 (Chapter 3)

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 2015

FY 2016

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 Behavioral Health and Developmental Services and other state agencies (from Alcoholic Beverage Control gross profits)

$65,375,769

$65,375,769

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

$9,141,363

$9,141,363

2. Forest Products Tax Fund (§ 58.1-1609, Code of Virginia)

 

 

For collection by Department of Taxation

$30,757

$30,757

3. Peanut Fund (§3.2-1906, Code of Virginia)

 

 

For collection by Department of Taxation:

$4,003

$4,003

4. For collection by Department of Taxation

 

 

a) Aircraft Sales & Use Tax (§ 58.1-1509, Code of Virginia)

$86,913

$86,913

b) Soft Drink Excise Tax

$2,935

$2,935

c) Virginia Litter Tax

$12,748

$12,748

5. Proceeds of the Tax on Motor Vehicle Fuels

 

 

For inspection of gasoline, diesel fuel and motor oils

$97,586

$97,586

6. Virginia Retirement System (Trust and Agency)

 

 

For postage by the Department of the Treasury

$34,500

$34,500

7. 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

TOTAL

$74,974,330

$74,974,330


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 $74,800,000 the first year and $78,200,000 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 any subsections of §§ 3-1.01 through 3-6.02 is subsequently determined to be in violation of any federal statute or regulation, or Virginia constitutional requirement, 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, the Property Tax Unit, and State Land Evaluation Advisory Committee (SLEAC) services by the Department of Taxation estimated at $5,839,598 the first year and $5,839,598 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 and revenue forecasting for the Transportation Trust Fund by the Department of Taxation estimated at $2,883,627 the first year and $2,883,627 the second year.


F. On or before June 30 of each year, the State Comptroller shall transfer $6,309,188 the first year and  $6,309,188 the second year to the general fund the following amounts from the agencies and fund sources listed below, for expenses incurred by central service agencies: 


Agency Name

Fund Group

FY 2015

FY 2016

Department of Agriculture and Consumer Services (301)

0900

$75,637

$75,637

Department of Forestry (411)

0200

$24,698

$24,698

Board of Accountancy (226)

0900

$6,828

$6,828

Department of Labor and Industry (181)

0200

$3,392

$3,392

Tobacco Indemnification and Community Revitalization Commission (851)

0900

$81,802

$81,802

Virginia Museum of Fine Arts (238)

0200

$8,561

$8,561

Southwest Virginia Higher Education Center (948)

0200

$23,778

$23,778

Department for the Deaf and Hard-Of-Hearing (751)

0200

$15,730

$15,730

Department of Health Professions (223)

0900

$41,588

$41,588

Department of Behavioral Health and Developmental Services (720)

0900

$1,214

$1,214

Department for Aging and Rehabilitative Services (262)

0200

$62,397

$62,397

Department for Aging and Rehabilitative Services (262)

0900

$7,896

$7,896

Department of Conservation and Recreation (199)

0200

$90,143

$90,143

Department of Game and Inland Fisheries (403)

0900

$627,000

$627,000

Marine Resources Commission (402)

0200

$23,833

$23,833

Department of Criminal Justice Services (140)

0200

$58,422

$58,422

Department of Fire Programs (960)

0200

$14,376

$14,376

Department of Aviation (841)

 0400

$72,030

$72,030

Department of Motor Vehicles (154)

 0400

$1,034,919

$1,034,919

Department of Rail and Public Transportation (505)

 0400

$488,769

$488,769

Department of Transportation (501)

 0400

$3,028,317

$3,028,317

Motor Vehicle Dealer Board (506)

0200

$4,312

$4,312

Virginia Port Authority (407)

0200

$124,297

$124,297

Virginia Port Authority (407)

 0400

$52,693

$52,693

Virginia College Savings Plan (174)

0500

$336,556

$336,556

$6,309,188

$6,309,188


G.1. The State Comptroller shall transfer to the Lottery Proceeds Fund established pursuant to § 58.1-4022.1, Code of Virginia, an amount estimated at $525,000,000 the first year and $510,000,000 the second year, from the State Lottery Fund.  The transfer each year shall be made in two parts: (1) on or before January 1 of each year, the State Comptroller shall transfer the balance of the State Lottery Fund for the first five months of the fiscal year and (2) thereafter, the transfer will be made on a monthly basis. Prior to June 20 of each year, the State Lottery Director shall estimate the amount of profits in the State Lottery Fund for the month of June and shall notify the State Comptroller so that the estimated profits can be transferred to the Lottery Proceeds Fund prior to June 22.


2. No later than 10 days after receipt of the annual audit report required by § 58.1-4022.1, Code of Virginia, the State 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 June transfer was based, the State Comptroller shall adjust the next monthly transfer from the State Lottery Fund to account for the difference between the actual revenue and the estimate transferred to the Lottery Proceeds 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. In preparing the Comprehensive Annual Financial Report, the State Comptroller shall report the Lottery Proceeds Fund as specified in § 58.1-4022.1, 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.a. 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 from the public institutions of higher education, 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.


4. The State Treasurer is authorized to charge projects financed under Article X, Section 9(c) of the Constitution of Virginia, 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 are estimated to generate $50,000 the first year and $50,000 the second year, and 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 State 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 $1,700,000 the first year and $3,700,000 the second year.


2. Notwithstanding the provisions of subparagraph K.1. above, the Governor may, at his discretion, direct the State 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.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.


M. Not later than thirty days after the close of each quarter during the biennium, the State 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 $8,270,640 the first year and $10,635,320 the second year.


N.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 $244,268 the first year and $244,268 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 § 3.2-4201, 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 $48,854 the first year and $48,854 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 § 3.2-4201, Code of Virginia.


O. On or before June 30 each year, the State Comptroller shall transfer to the general fund $4,589,914 the first year and $4,589,914  the second year from the Court Debt Collection Program Fund at the Department of Taxation.


P. On or before June 30 each year, the State Comptroller shall transfer to the general fund $7,400,000 the first year and $7,400,000 the second year from the Department of Motor Vehicles' Uninsured Motorists Fund.  These amounts shall be from the share that would otherwise have been transferred to the State Corporation Commission.


Q. On or before June 30 each year, the State Comptroller shall transfer an amount estimated at $6,500,000 the first year and an amount estimated at $6,500,000 the second year to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.


R. 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 $12,500,000, shall be deposited into the general fund no later than June 30, 2015. 


S. On or before June 30 each year, the State Comptroller shall transfer to the general fund $1,550,385 the first year and $1,550,385 the second year from operating efficiencies to be implemented by the Department of Alcoholic Beverage Control.


T. The State Comptroller shall transfer quarterly, one-half of the revenue received pursuant to § 18.2-270.01, of the Code of Virginia, and consistent with the provisions of § 3-6.03 of this act, to the general fund in an amount not to exceed $9,055,000 the first year, and $9,055,000 the second year from the Trauma Center Fund contained in the Department of Health's Financial Assistance for Non Profit Emergency Medical Services Organizations and Localities (40203).


U. On or before June 30 each year, the State Comptroller shall transfer $600,000 the first year and $600,000 the second year to the general fund from the Land Preservation Fund (Fund 0216) at the Department of Taxation.


V. Unless prohibited by federal law or regulation or by the Constitution of Virginia and notwithstanding any contrary provision of state law, on June 30 of each fiscal year, the State Comptroller shall transfer to the general fund of the state treasury the cash balance from any nongeneral fund account that has a cash balance of less than $100.  This provision shall not apply to institutions of higher education, bond proceeds, or trust accounts.  The State Comptroller shall consult with the Director of the Department of Planning and Budget in implementing this provision and, for just cause, shall have discretion to exclude certain balances from this transfer or to restore certain balances that have been transferred.


W.1. The Brunswick Correctional Center operated by the Department of Corrections shall be sold.  The estimated amount of the proceeds to be received is $20,000,000. The Commonwealth may enter into negotiations with (1) the Virginia Tobacco Indemnification and Community Revitalization Commission, (2) regional local governments, and (3) regional industrial development authorities for the purchase of this property as an economic development site.


2. Notwithstanding the provisions of § 2.2.-1156, Code of Virginia or any other provisions of law, up to $10,000,000 from the proceeds of the sale of the Brunswick Correctional Center shall be paid into the general fund and any amount above $10,000,000 shall be paid into the Federal Action Contingency Trust (FACT) Fund contained in Central Appropriations.  Any proceeds deposited into the Federal Action Contingency Trust (FACT) Fund pursuant to this paragraph are hereby appropriated.  


X. On or before June 30 each year the State Comptroller shall transfer an estimated $2,450,000 from the fund created pursuant to § 17.1-275.12 of the Code of Virginia, to Items 339, 389, and 414 of this act, for the purposes enumerated in Section 17.1-275.12.


Y. On or before June 30 each year, the State Comptroller shall transfer $10,518,587 the first year and $10,518,587 the second year to the general fund from the $2.00 increase in the annual vehicle registration fee from the special emergency medical services fund contained in the Department of Health's Emergency Medical Services Program (40200).


Z. The provisions of Chapter 6.2, Title 58.1, Code of Virginia, notwithstanding, on or before June 30 each year the State Comptroller shall transfer to the general fund from the proceeds of the Virginia Communications Sales and Use Tax (fund 0926), the Department of Taxation's indirect costs of administering this tax estimated at $114,413 the first year and $114,413 the second year.


AA. Any amount designated by the State Comptroller from the June 30, 2014, or June 30, 2015, general fund balance for transportation pursuant to § 2.2-1514B., Code of Virginia, is hereby appropriated.


BB. The State Comptroller shall transfer balances from the Foundation for Virginia's Natural Resources Trust Fund to the Virginia Land Conservation Fund to promote environmental education, pollution prevention, and citizen monitoring by fostering and supporting collaborative efforts among businesses, citizens, communities, local governments, and state agencies.


CC.  The Department of General Services, with the cooperation and support of the Department of Behavioral Health and Developmental Services, is authorized to sell to Virginia Electric and Power Company, a Virginia corporation d/b/a Dominion Virginia Power, for such consideration as the Governor may approve, a parcel of land containing approximately 15 acres along the northern property line of Southside Virginia Training Center.  After deduction of the expenses incurred by the Department of General Services in the sale of the property, the proceeds of the sale shall be deposited to the Behavioral Health and Developmental Services Trust Fund established pursuant to § 37.2-318, Code of Virginia.  Any conveyance shall be approved by the Governor or his designee in the manner set forth in § 2.2-1150, Code of Virginia.


DD. On or before June 30, 2015, and June 30, 2016, the State Comptroller shall transfer amounts estimated at $3,000,000 the first year and $3,000,000 the second year to the general fund from unobligated nongeneral fund balances at the State Corporation Commission.


EE. On or before June 30 of each year, the State Comptroller shall transfer an additional $439,180 to the general fund from the fees generated by the Firearms Transaction Program.


FF. Contingent upon federal approval, the State Comptroller shall transfer in the first year $18,000,000 in nongeneral fund cash balances from the Commonwealth's Attorneys' Services Council (Fund 0282 Agency 957) to the Virginia Retirement System for deposits into the State Police Officer Retirement System and the Virginia Law Enforcement Officer Retirement System to be applied towards each systems unfunded liabilities.  The Virginia Retirement System shall deposit $9,000,000 in each of the two systems.


GG.1. On or before June 30 the first year, the State Comptroller shall transfer to the general fund $30,000,000 from the Highway Maintenance and Operating Fund.  On or before June 30 the second year, the State Comptroller shall transfer from the general fund $30,000,000 to the Highway Maintenance and Operating Fund.


2. In addition, on or before June 30 the first year, the State Comptroller shall transfer to the general fund $31,070,647 from the Transportation Trust Fund, an amount equivalent to the unexpended balances remaining from the 2007 Transportation Initiative authorized in Chapter 847, 2007 Acts of Assembly.