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2004 SPECIAL SESSION I
042634260Be it enacted by the General Assembly of Virginia:
1. That appropriations are made as follows:
§ 1. Appropriations are hereby made in the total amount of $13,046,560,468 from the general fund of the state treasury for the period July 1, 2004, through June 30, 2005, as follows:
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Executive Department |
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Office of the Governor |
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Administration |
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Commerce and Trade |
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Education |
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(i)Direct Aid to Pub. Ed. |
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(ii)Central Off., Schools for Deaf and Blind |
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(iii)Higher Ed. and Other Ed. |
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Finance |
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Human Resources |
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Natural Resources |
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Public Safety |
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Technology |
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Transportation |
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Central Appropriations |
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Legislative Department |
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Judicial Department |
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Virginia Retirement System,and Office for Protection and Advocacy |
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Office of the Attorney General |
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Office of the Lieutenant Governor |
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§ 2. There is hereby appropriated to each applicable entity set forth in § 1, for the period July 1, 2004, through June 30, 2005, a sum sufficient amount of nongeneral funds consisting of applicable special funds, enterprise funds, trust and agency funds, dedicated special revenue funds, and federal trust funds to carry out the duties of such entities to be allocated in conformity with all relevant language in Chapter 1042 of the Acts of Assembly of 2003, as amended by the 2004 Session of the General Assembly, constituting limitations, conditions, powers, duties, responsibilities, and directives, as such were applicable to the second year of such act, and the same shall be applicable to the appropriations in this act, mutatis mutandis.
§ 3. Of the amounts appropriated in § 1 to each division within the Executive Department, the Governor shall allocate specific amounts among the agencies and entities within each such division to carry out the duties of each such agency and entity in conformity with all relevant language in Chapter 1042 of the Acts of Assembly of 2003, as amended by the 2004 Session of the General Assembly, constituting limitations, conditions, powers, duties, responsibilities, and directives, as such were applicable to the second year of such act, and the same shall be applicable to the appropriations in this act, mutatis mutandis. The Governor shall reduce any such amounts so appropriated herein by any one-time expenditure that was appropriated for the 2003-04 fiscal year and that was actually consummated during the 2003-04 fiscal year. Notwithstanding any other provision herein, the Governor shall allocate sufficient amounts to the applicable agency or entity to pay debt service that may come due during the period that this act is in effect on any bonds that have been issued that were authorized by the General Assembly to be paid from appropriations by the General Assembly.
Of the amounts appropriated in § 1 to the Legislative Department, except for amounts that are to be used solely for the distinct operation of the House or Senate, the House and Senate Joint Committee on Rules shall allocate specific amounts to the agencies and entities within the Legislative Department to carry out the duties of each such agency and entity in conformity with all relevant language in Chapter 1042 of the Acts of Assembly of 2003, as amended by the 2004 Session of the General Assembly, constituting limitations, conditions, powers, duties, responsibilities, and directives, as such were applicable to the second year of such act, and the same shall be applicable to the appropriations in this act, mutatis mutandis. The Joint Committee on Rules shall reduce any such amounts so appropriated herein by any one-time expenditure that was appropriated for the 2003-04 fiscal year and that was actually consummated during the 2003-04 fiscal year. The House Committee on Rules and the Senate Committee on Rules shall allocate specific amounts for the operations of their respective bodies in conformity with all relevant language in Chapter 1042 of the Acts of Assembly of 2003, as amended by the 2004 Session of the General Assembly, constituting limitations, conditions, powers, duties, responsibilities, and directives, as such were applicable to the second year of such Act, and the same shall be applicable to the appropriations in this act, mutatis mutandis. Such Committees shall reduce any such amounts so appropriated herein by any one-time expenditure that was appropriated for the 2003-04 fiscal year and that was actually consummated during the 2003-04 fiscal year.
Of the amounts appropriated in § 1 to the Judicial Department, the Supreme Court of Virginia shall allocate specific amounts among the agencies and entities within the Judicial Department to carry out the duties of each such agency and entity in conformity with all relevant language in Chapter 1042 of the Acts of Assembly of 2003, as amended by the 2004 Session of the General Assembly, constituting limitations, conditions, powers, duties, responsibilities, and directives, as such were applicable to the second year of such act, and the same shall be applicable to the appropriations in this act, mutatis mutandis. The Supreme Court shall reduce any such amounts so appropriated herein by any one-time expenditure that was appropriated for the 2003-04 fiscal year and that was actually consummated during the 2003-04 fiscal year.
§ 4. A. 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. Transfers from the Alcoholic Beverage Control Enterprise 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 the fiscal year shall be made in the month of June.
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1. Alcoholic Beverage Control Enterprise Fund (§ 4.1-116, Code of Virginia) |
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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) |
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b) For expenses incurred by the Virginia Winegrowers Advisory Board (from Alcoholic Beverage Control gross profits) |
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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) |
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2. Forest Products Tax Fund (§ 58.1-1609 of the Code of Virginia) |
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For collection by Department of Taxation |
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3. Peanut Fund (§ 3.1-662 of the Code of Virginia) |
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For collection by Department of Taxation |
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4. Proceeds of the Tax on Motor Vehicle Fuels |
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For inspection of gasoline, diesel fuel and motor oils |
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5. Virginia Retirement System (Trust and Agency) |
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For postage by the Department of the Treasury |
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6. Department of Alcoholic Beverage Control (Enterprise) |
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For services by the: |
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a) Auditor of Public Accounts |
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b) Department of Accounts |
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c) Department of the Treasury |
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7. Department of Agriculture and Consumer Services (Federal Trust) |
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For the Meat and Poultry Program |
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TOTAL |
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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 $4,150,000.
Pursuant to subsection B of § 4.1-116 of the 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 § 4 of this act 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 subsection D of § 58.1-2289 of the 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, 2005.
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154 |
Department of Motor Vehicles |
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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 $6,166,888.
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 $2,812,642.
F. The State Comptroller shall transfer on or before June 30, 2005, 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:
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Agency Code |
Agency |
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912 |
Department of Veterans' Services |
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165 |
Department Of Housing And Community Development |
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222 |
Department of Professional and Occupational Regulation |
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325 |
Department of Business Assistance |
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325 |
Department of Business Assistance |
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411 |
Department of Forestry |
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411 |
Department of Forestry |
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851 |
Virginia Tobacco Indemnification and Community Revitalization Commission |
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146 |
The Science Museum Of Virginia |
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218 |
Virginia School For The Deaf And The Blind At Staunton |
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220 |
Melchers-Monroe Memorials |
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238 |
Virginia Museum of Fine Arts |
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239 |
Frontier Culture Museum Of Virginia |
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417 |
Gunston Hall |
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425 |
Jamestown-Yorktown Foundation |
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203 |
Woodrow Wilson Rehabilitation Center |
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601 |
Department of Health |
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602 |
Department Of Medical Assistance Services |
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852 |
Virginia Tobacco Settlement Foundation |
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199 |
Department Of Conservation And Recreation |
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199 |
Department Of Conservation And Recreation |
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402 |
Marine Resources Commission |
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402 |
Marine Resources Commission |
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403 |
Department of Game and Inland Fisheries |
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123 |
Department Of Military Affairs |
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127 |
Department of Emergency Management |
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140 |
Department of Criminal Justice Services |
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960 |
Department of Fire Programs |
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136 |
Virginia Information Technologies Agency |
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154 |
Department of Motor Vehicles |
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407 |
Virginia Port Authority |
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407 |
Virginia Port Authority |
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501 |
Department of Transportation |
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505 |
Department of Rail and Public Transportation |
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506 |
Motor Vehicle Dealer Board |
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841 |
Department of Aviation |
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171 |
State Corporation Commission |
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174 |
Virginia College Savings Plan |
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175 |
Virginia Office for Protection and Advocacy |
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TOTAL |
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G. The Comptroller shall transfer to the Lottery Proceeds Fund an amount estimated at $395,000,000 from the State Lottery Fund. The transfer shall be made in two parts: (1) on or before June 30, 2005, 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 of the 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 of the 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 of the Code of Virginia.
H.1. The State Treasurer is authorized to charge up to 20 basis points for each nongeneral fund account that he manages and that receives investment income. The assessed fees, which are estimated to generate $3,500,000, 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, 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 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 § 2.2-1829 of the Code of Virginia.
K.1. Not later than thirty days after the close of each quarter during the year, the Comptroller shall transfer, notwithstanding the allotment specified in § 58.1-1410 of the Code of Virginia, funds collected pursuant to § 58.1-1402 of the Code of Virginia, from the general fund to the Game Protection Fund. This transfer shall not exceed $2,814,755.
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 of the 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, 2005, 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.
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Agency Name |
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Department of Minority Business Enterprise |
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Department of Criminal Justice Services |
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Virginia Information Technologies Agency |
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Department of Professional and Occupational Regulation |
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Department for the Aging |
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Department of Health Professions |
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Department of Medical Assistance Services |
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Department of Emergency Management |
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Department of Fire Programs |
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Department of Rail and Public Transportation |
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TOTAL |
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M.1. On or before June 30, 2005, 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 of the Code of Virginia. This transfer shall not exceed $14,065,627. The State Comptroller shall transfer 90 percent of the yearly estimated amounts to the Trust Fund on July 15.
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).
N. The Comptroller shall transfer to the general fund on June 30, 2005, 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 51 of this act.
O. Not later than thirty days after the close of each quarter during the year, the Comptroller shall transfer to the Game Protection Fund the general fund revenues collected pursuant to subsection E of § 58.1-638 of the Code of Virginia. Notwithstanding subsection E of § 58.1-638 this transfer shall not exceed $10,525,125.
P. On or before June 30, 2005, the State Comptroller shall transfer $250,000 to the general fund from the special fund balance of the Commission on the Virginia Alcohol Safety Action Program to reimburse the general fund for expenses incurred on related activities.
Q.1. Notwithstanding any contrary provision of law, on or before June 30, 2005, the State Comptroller shall transfer amounts estimated at $18,745,408 to the general fund of the state treasury from the state agencies indicated.
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Agency |
Agency |
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Code |
Name |
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129 |
Department of Human Resource Management |
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|
129 |
Department of Human Resource Management |
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157 |
Compensation Board |
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194 |
Department of General Services |
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912 |
Department of Veterans' Services |
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912 |
Department of Veterans' Services |
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181 |
Department of Labor and Industry |
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182 |
Virginia Employment Commission |
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222 |
Department of Professional and Occupational Regulation |
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226 |
Board of Accountancy |
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325 |
Department of Business Assistance |
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411 |
Department of Forestry |
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201 |
Department Of Education, Central Office Operations |
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202 |
The Library Of Virginia |
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262 |
Department of Rehabilitative Services |
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601 |
Department of Health |
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|
|
601 |
Department of Health |
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|
702 |
Department For The Blind And Vision Impaired |
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|
|
765 |
Department of Social Services |
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199 |
Department Of Conservation And Recreation |
|
|
|
440 |
Department of Environmental Quality |
|
|
|
127 |
Department of Emergency Management |
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|
|
127 |
Department of Emergency Management |
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|
|
140 |
Department of Criminal Justice Services |
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|
140 |
Department of Criminal Justice Services |
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|
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156 |
Department of State Police |
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156 |
Department of State Police |
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|
|
777 |
Department of Juvenile Justice |
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|
|
960 |
Department of Fire Programs |
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|
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136 |
Virginia Information Technologies Agency |
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|
154 |
Department of Motor Vehicles |
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|
154 |
Department of Motor Vehicles |
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|
|
407 |
Virginia Port Authority |
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|
|
505 |
Department of Rail and Public Transportation |
|
|
|
505 |
Department of Rail and Public Transportation |
|
|
|
506 |
Motor Vehicle Dealer Board |
|
|
|
841 |
Department of Aviation |
|
|
|
841 |
Department of Aviation |
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Total |
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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.
R.1. On or before June 30, 2005, the State Comptroller shall transfer from the Tobacco Indemnification and Community Revitalization Fund to the general fund an amount estimated at $215,401. This amount represents the Tobacco Indemnification and Community Revitalization Commission's fifty percent proportional share of the Office of the Attorney General's and Tax Department's expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2 of the Code of Virginia
2. On or before June 30, 2005, the State Comptroller shall transfer from the Tobacco Settlement Fund to the general fund an amount estimated at $43,080. This amount represents the Tobacco Settlement Foundation's ten percent proportional share of the Office of the Attorney General's and the Department of Taxation's expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2 of the Code of Virginia.
S. On or before June 30, 2005, the State Comptroller shall transfer to the general fund $1,200,000 from the Court Debt Collection Program Fund at the Department of Taxation.
T. The State Comptroller shall transfer to the general fund, on or before June 30, 2005, from the University of Virginia Medical Center, the actual amount of interest income earned by the investment of the University of Virginia Medical Center's nongeneral operating cash balances pursuant to subsection C of § 23-77.4. of the Code of Virginia, or $2,000,000, whichever is less.
U.1. Revenue from the sale of the following surplus properties shall be deposited into the general fund, notwithstanding the provisions of subsection B of § 2.2-1125 of the Code of Virginia: the Old Fairfax Residency Complex (Northern Virginia Training Facility), operated by the Department of Transportation; the Tidewater Detention Center in Chesapeake, operated by the Department of Corrections; the Staunton Correctional Center, operated by the Department of Corrections; and approximately ten acres of land adjacent to the White Post Detention Center, operated by the Department of Corrections.
2. Out of the amounts transferred to the general fund pursuant to subparagraph U. 1. above, the Comptroller shall transfer one-half of the net proceeds, but not more than $2,965,000, to the Conservation Resources Fund (§ 10.1-202 of the Code of Virginia).
V. On or before June 30, 2005, the Comptroller shall transfer $5,700,000 from the Department of Motor Vehicle's Uninsured Motorists Fund to the general fund. Of that amount, $5,700,000 shall be from the share transferred to the State Corporation Commission.
W. On or before June 30, 2005, the State Comptroller shall transfer $5,500,000 to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.
X. On or before June 30, 2005, the State Comptroller shall transfer $2,644,000 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.
Y. On or before June 30, 2005, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $10,396,608 representing the fiscal year 2005 savings from a continued premium holiday on employer contributions for the group life program for state employees. Appropriated funds from federal sources are exempt from this transfer.
Z. On or before June 30, 2005, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $3,407,961 representing the fiscal year 2005 savings from the utilization of a 30-year amortization period for the valuation of Virginia Retirement System assets and liabilities in determining employer retirement contribution rates. Appropriated funds from federal sources are exempt from this transfer.
AA. On or before June 30, 2005, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $2,503,872 representing the fiscal year 2005 savings from an adjustment in the contribution rates paid by state agencies on behalf of their employees for the retiree healthcare credit program. Appropriated funds from federal sources are exempt from this transfer.
BB. The State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $1,352,284 on or before June 30, 2005, 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.
CC. The State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $671,200 on or before June 30, 2005, resulting from savings pursuant to a centralized electronic mail system managed by the Virginia Information Technologies Agency. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency.
DD. 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, 2005, 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.
§ 5. INTERAGENCY TRANSFERS
A.1. On July 1, the Commonwealth Transportation Commissioner shall transfer the sum of $400,000 from the Transportation Trust Fund to the Insurance Trust Fund in the Department of the Treasury. This transfer shall be made annually until the $5,000,000 transferred from the Insurance Trust Fund to the Liability Insurance Trust Fund for Commuter Rail Services pursuant to § 3-1.01 I of Chapter 723 of the 1991 Acts of Assembly has been repaid. The State Treasurer is authorized to call upon the Transportation Trust Fund for sums up to a total of $5,000,000 for the Insurance Trust Fund in order to maintain a positive cash flow in the Insurance Trust Fund.
2. To the extent that any of the $5,000,000 is transferred from the Transportation Trust Fund to the Insurance Trust Fund by virtue of the authority contained herein, such amount shall be credited toward the $5,000,000 repayment due the Insurance Trust Fund.
B. The Department of Alcoholic Beverage Control shall transfer $205,000 to the Department of Criminal Justice Services for testing services provided for ABC Law Enforcement.
C. The Department of Alcoholic Beverage Control shall transfer $593,600 to the Department of Criminal Justice Services to fund the Breathalyzer Training and Certification Program.
D. The Virginia Department of Transportation shall transfer, from motor fuel tax revenues, $282,905 to the Department of General Services for motor fuels testing.
§ 6. SHORT-TERM ADVANCE TO THE GENERAL FUND FROM NONGENERAL FUNDS
A. To meet the occasional short-term cash needs of the general fund during the course of the year when cumulative year-to-date disbursements exceed temporarily cumulative year-to-date revenue collections, the State Comptroller is authorized to draw cash temporarily from nongeneral fund cash balances deemed to be available, although special dedicated funds related to commodity boards are exempt from this provision. Such cash drawdowns shall be limited to the amounts immediately required by the general fund to meet disbursements made in pursuance of an authorized appropriation. However, the amount of the cash drawdown from any particular nongeneral fund shall be limited to the excess of the cash balance of such fund over the amount otherwise necessary to meet the short-term disbursement requirements of that nongeneral fund. The State Comptroller will ensure that those funds will be replenished in the normal course of business.
B. In the event that nongeneral funds are not sufficient to compensate for the operating cash needs of the general fund, the State Treasurer is authorized to borrow, temporarily, required funds from cash balances within the Transportation Trust Fund, where such trust fund balances, based upon assessments provided by the Commonwealth Transportation Commissioner, are not otherwise needed to meet the short-term disbursement needs of the Transportation Trust Fund, including any debt service and debt coverage needs, over the life of the borrowing. In addition, the State Treasurer shall ensure that such borrowings are consistent with the terms and conditions of all bond documents, if any, that are relevant to the Transportation Trust Fund.
C. The Secretary of Finance, the State Treasurer and the Commonwealth Transportation Commissioner shall jointly agree on the amounts of such interfund borrowings. Such borrowed amounts shall be repaid to the Transportation Trust Fund at the earliest practical time when they are no longer needed to meet short-term cash needs of the general fund, provided, however, that such borrowed amounts shall be repaid within the biennium in which they are borrowed. Interest shall accrue daily at the rate per annum equal to the then current one-year United States Treasury Obligation Note rate.
D. Any temporary loan shall be evidenced by a loan certificate duly executed by the State Treasurer and the Commonwealth Transportation Commissioner specifying the maturity date of such loan and the annual rate of interest. Prepayment of temporary loans shall be without penalty and with interest calculated to such prepayment date. The State Treasurer is authorized to make, at least monthly, interest payments to the Transportation Trust Fund.
§ 7. ADVANCES TO WORKING CAPITAL FUNDS
The State Comptroller shall make available to the Virginia Racing Commission, on July 1 of 2005, the amount of $125,000 from the general fund as a temporary cash flow advance, to be repaid by December 30.
§ 8. CHARGES AGAINST WORKING CAPITAL FUNDS
The State Comptroller may periodically charge the appropriation of any state agency for the expenses incurred for services received from any program financed and accounted for by working capital funds. Such charge may be made upon receipt of such documentation as in the opinion of the State Comptroller provides satisfactory evidence of a claim, charge or demand against the appropriations made to any agency. The amounts so charged shall be recorded to the credit of the appropriate working capital fund accounts. In the event any portion of the charge so made shall be disputed, the amount in dispute may be restored to the agency appropriation by direction of the Governor.
§ 9. LINES OF CREDIT
a. The State Comptroller shall provide lines of credit to the following agencies, not to exceed the amounts shown:
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State Lottery Department |
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Department of Alcoholic Beverage Control |
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Department of Emergency Management |
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Department of the Treasury, for the Unclaimed Property Trust Fund |
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Department of Corrections, for Virginia Correctional Enterprises |
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Department of the Treasury for the State Insurance Reserve Trust Fund |
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Department of the Treasury, for the Teacher Liability Insurance Program |
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Administration of Health Insurance |
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Department of Human Resource Management, for the Workers' Compensation Self Insurance Trust Fund |
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Department of Environmental Quality |
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Department of Motor Vehicles |
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b. The State Comptroller shall execute an agreement with each agency documenting the procedures for the line of credit, including, but not limited to, applicable interest and the method for the drawdown of funds. The provisions of § 4-3.02 b of Chapter 1042 of the 2003 Acts of Assembly shall not apply to these lines of credit.
§ 10. PAYMENT BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY
The Virginia Public School Authority shall transfer to the general fund an amount estimated at $170,221 on or before June 30, 2005, to reimburse the Commonwealth for staff and other administrative services provided to the Authority by the Department of the Treasury.
§ 11. PAYMENT BY THE STATE TREASURER
The State Treasurer shall transfer an amount estimated at $55,075 on or before June 30, 2005, to the general fund from excess 9(c) sinking fund balances.
§ 12. PAYMENT FROM IMMIGRATION AND NATURALIZATION SERVICE
All payments received by the Department of Corrections from the United States Immigration and Naturalization Service pursuant to the State Criminal Alien Assistance Program for housing illegal aliens and other prisoners shall be deposited directly into the general fund consistent with § 4-2.02 a 1 (g) of Chapter 1042 of the 2003 Acts of Assembly . The estimated amount of the payment to be received during the year is $500,000.
§ 13. AUXILIARY ENTERPRISE INVESTMENT YIELDS
A. The educational and general programs in institutions of higher education shall recover the full indirect cost of auxiliary enterprise programs as determined by the State Council of Higher Education. The State Comptroller shall credit those institutions meeting this requirement with the interest earned by the investment of the funds of their auxiliary enterprise programs.
B. No interest shall be credited for that portion of the fund's cash balance that represents any outstanding loans due from the State Treasurer. The provisions of this section shall not apply to the capital projects authorized under Items C-36.21 and C-36.40 of Chapter 924, 1997 Acts of Assembly.
§ 14. RETAIL SALES & USE TAX EXEMPTION FOR INTERNET SERVICE PROVIDERS
Notwithstanding any other provision of law, for purchases made between July 1, 2004, and June 30, 2005, any exemption from the retail sales and use tax applicable to production, distribution, and other equipment used to provide Internet-access services by providers of Internet service, as defined in § 58.1-602 of the Code of Virginia, shall occur as a refund request to the Tax Commissioner. The Tax Commissioner shall develop procedures for such refunds.
§ 15. QUALIFIED EQUITY AND SUBORDINATED DEBT INVESTMENT TAX CREDIT
Notwithstanding any other provision of law, for taxable years beginning on and after January 1, 2004, the amount of the Qualified Equity and Subordinated Debt Investments Tax Credit available under §58.1-339.4 of the Code of Virginia, shall be limited to $3,000,000 for calendar years 2004 through 2005.
§ 16. RETALIATORY COSTS TO OTHER STATES TAX CREDIT
Notwithstanding any other provision of law, for license years beginning on and after July 1, 2004, and taxable years ending on and after December 31, 2004, the amount of the Tax Credit for Retaliatory Costs to Other States available under § 58.1-2510 of the Code of Virginia for those companies not receiving a credit for the taxable year 2000, shall be limited to 60 percent of the retaliatory costs paid to other states for those companies or groups having more than 100 qualified full-time employees in this Commonwealth during the entire license year and who met the definition of "qualified investment" on or after January 1, 2001.
§ 17. PAYMENT OF AUTO RENTAL TAX TO THE GENERAL FUND
Notwithstanding the provisions of § 58.1-2425 of the Code of Virginia, or any other provision of law, the tax on the gross proceeds from the rental in Virginia of any motor vehicle pursuant to subdivision A3 of § 58.1-2402 of the Code of Virginia, at the tax rate in effect on December 31, 1986, shall be paid by the Commissioner of the Department of Motor Vehicles into the general fund of the state treasury beginning July 1, 2003.
§ 18. MOTOR VEHICLE FEES
A. Notwithstanding the provisions of Article 7, Chapter 6, Title 46.2, Code of Virginia the Department of Motor Vehicles shall transfer to the general fund the additional medical services revenue in accordance with Chapter 794, Acts of Assembly of 2002.
B. On or before June 30, 2005, the State Comptroller shall transfer to the general fund the revenue from the fee authorized by § 46.2-214.1 of the Code of Virginia.
C. The provisions of §§ 46.2-216.3 and 46.2-697.1 of the Code of Virginia shall no longer be applied.